P-41.1, r. 4 - Regulation respecting the implementation of the Act to amend the Act respecting the preservation of agricultural land and agricultural activities and other legislative provisions

Updated to 12 December 2023

This document has official status.

chapter P-41.1, r. 4

Regulation respecting the implementation of the Act to amend the Act respecting the preservation of agricultural land and agricultural activities and other legislative provisions

Act respecting the preservation of agricultural land and agricultural activities

(chapter P-41.1; 2001, chapter 35, s. 44).

1. As soon as a notice of motion having the effect provided for in the third paragraph of section 68 of the Act respecting land use planning and development (chapter A-19.1) is given, the clerk-treasurer of the regional county municipality shall send a copy thereof to each local municipality whose territory is comprised within the regional county municipality.

From then on, the clerk-treasurer or the clerk of that local municipality may not issue any document certifying the compliance of an agricultural activity project before the date on which the third paragraph of section 68 of that Act ceases to apply.

O.C. 619-2002, s. 1.

2. Upon request, the clerk-treasurer of a regional county municipality shall issue to the person whose agricultural activity project complies with the provisions of an interim control by-law having the effect provided for in the third paragraph of section 64 of the Act respecting land use planning and development (chapter A-19.1), a document certifying such compliance.

Upon request, the clerk or clerk-treasurer of a local municipality shall issue such a document of compliance

(1)  to a person who has submitted to the municipality, before 21 June 2003, an agricultural activity project complying with the Guidelines for determining minimum distances to ensure odour management in rural areas (M.O. 98-03-02); and

(2)  to the farm operator whose project to expand agricultural activities complies with the provisions of section 79.2.4 and with those of the first paragraph of section 79.2.5 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) and, where applicable, those provided for in subparagraph 2 of the second paragraph of section 40 of the Act to amend the Act respecting the preservation of agricultural land and agricultural activities and other legislative provisions (2001, chapter 35).

The document of compliance shall be attached to every application for a notice, a permit, an authorization or any declaration of compliance that is required for carrying out the project under the Environment Quality Act (chapter Q-2) or under a regulation made under that Act.

O.C. 619-2002, s. 2; I.N. 2020-01-01.

3. The clerk or clerk-treasurer of the local municipality shall also issue a document of compliance for a project pertaining to the works referred to in section 79.2.3 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) if they must be carried out in the conditions provided for in that section. The third paragraph of section 2 shall then apply.

O.C. 619-2002, s. 3.

4. (Omitted).

O.C. 619-2002, s. 4.

5. (Omitted).

O.C. 619-2002, s. 5.

REFERENCES

O.C. 619-2002, 2002 G.O. 2, 2675

S.Q. 2021, c. 31, s. 132