A-19.1 - Act respecting land use planning and development

Full text
62. The council of the responsible body may prohibit new uses of the land, new structures, applications for cadastral operations or the parcelling out of lots by alienation.
However, no such prohibition may apply to
(1)  new uses of the land, structures, applications for cadastral operations or the parcelling out of lots by alienation
(a)  for agricultural purposes on land under cultivation;
(b)  for the purposes of the installation, by a municipality, of water or sewer services in an existing public street in execution of an order made under the Environment Quality Act (chapter Q‐2);
(c)  for the purposes of the installation of electricity, gas, telecommunication or cable distribution networks;
(d)  for the purposes of a forest management activity or of a wildlife management activity on lands in the domain of the State;
(2)  applications for cadastral operations required by a declaration of co‐ownership made under article 1038 of the Civil Code or by the alienation of part of a building requiring the partitioning of the land on which it is situated.
For the purposes of the first paragraph, the council may provide that new uses of the land, new structures, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the responsible body. In such a case, the council may impose prohibitions that apply to one, several or all of the classes, subclasses or parts of territory or that vary according to class, subclass or part of territory or to any combination comprised of a class or subclass and a part of territory.
As soon as practicable after the passage of the resolution by which the council makes a decision under the first paragraph or amends or repeals that decision, the secretary shall publish a notice of the date of passage in a newspaper circulated in the territory of the responsible body, and send a certified copy of the resolution to the Minister and to every partner body.
1979, c. 51, s. 62; 1982, c. 63, s. 79; 1993, c. 3, s. 33; 1996, c. 25, s. 26; 1997, c. 93, s. 8; 1999, c. 40, s. 18; 2010, c. 10, s. 32.
62. The council of the regional county municipality may prohibit new uses of the land, new structures, applications for cadastral operations or the parcelling out of lots by alienation.
However, no such prohibition may apply to
(1)  new uses of the land, structures, applications for cadastral operations or the parcelling out of lots by alienation
(a)  for agricultural purposes on land under cultivation;
(b)  for the purposes of the installation, by a municipality, of water or sewer services in an existing public street in execution of an order made under the Environment Quality Act (chapter Q‐2);
(c)  for the purposes of the installation of electricity, gas, telecommunication or cable distribution networks;
(d)  for the purposes of a forest management activity or of a wildlife management activity on lands in the domain of the State;
(2)  applications for cadastral operations required by a declaration of co‐ownership made under article 1038 of the Civil Code or by the alienation of part of a building requiring the partitioning of the land on which it is situated.
For the purposes of the first paragraph, the council may provide that new uses of the land, new structures, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the regional county municipality. In such a case, the council may impose prohibitions that apply to one, several or all of the classes, subclasses or parts of territory or that vary according to class, subclass or part of territory or to any combination comprised of a class or subclass and a part of territory.
As soon as practicable after the passage of the resolution by which the council makes the decision under the first paragraph or changes or repeals it, the secretary-treasurer shall transmit a certified copy thereof to the Minister and to every municipality whose territory is comprised in that of the regional county municipality, and shall publish notice of the date of passage of the resolution in a newspaper circulated in the territory of the regional county municipality.
1979, c. 51, s. 62; 1982, c. 63, s. 79; 1993, c. 3, s. 33; 1996, c. 25, s. 26; 1997, c. 93, s. 8; 1999, c. 40, s. 18.
62. The council of the regional county municipality may prohibit new uses of the land, new structures, applications for cadastral operations or the parcelling out of lots by alienation.
However, no such prohibition may apply to
(1)  new uses of the land, structures, applications for cadastral operations or the parcelling out of lots by alienation
(a)  for agricultural purposes on land under cultivation;
(b)  for the purposes of the installation, by a municipality, of water or sewer services in an existing public street in execution of an order made under the Environment Quality Act (chapter Q-2);
(c)  for the purposes of the installation of electricity, gas, telecommunication or cable distribution networks;
(d)  for the purposes of a forest management activity or of a wildlife management activity on lands in the public domain;
(2)  applications for cadastral operations required by a declaration of co-ownership made under article 1038 of the Civil Code of Québec (Statutes of Québec, 1991, c. 64) or by the alienation of part of a building requiring the partitioning of the land on which it is situated.
For the purposes of the first paragraph, the council may provide that new uses of the land, new structures, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the regional county municipality. In such a case, the council may impose prohibitions that apply to one, several or all of the classes, subclasses or parts of territory or that vary according to class, subclass or part of territory or to any combination comprised of a class or subclass and a part of territory.
As soon as practicable after the passage of the resolution by which the council makes the decision under the first paragraph or changes or repeals it, the secretary-treasurer shall transmit a certified copy thereof to the Minister and to every municipality whose territory is comprised in that of the regional county municipality, and shall publish notice of the date of passage of the resolution in a newspaper circulated in the territory of the regional county municipality.
1979, c. 51, s. 62; 1982, c. 63, s. 79; 1993, c. 3, s. 33; 1996, c. 25, s. 26; 1997, c. 93, s. 8.
62. The council of the regional county municipality may, by a majority vote of its members, prohibit new uses of the land, new structures, applications for cadastral operations or the parcelling out of lots by alienation.
However, no such prohibition may apply to
(1)  new uses of the land, structures, applications for cadastral operations or the parcelling out of lots by alienation
(a)  for agricultural purposes on land under cultivation;
(b)  for the purposes of the installation, by a municipality, of water or sewer services in an existing public street in execution of an order made under the Environment Quality Act (chapter Q-2);
(c)  for the purposes of the installation of electricity, gas, telecommunication or cable distribution networks;
(d)  for the purposes of a forest management activity or of a wildlife management activity on lands in the public domain;
(2)  applications for cadastral operations required by a declaration of co-ownership made under article 1038 of the Civil Code of Québec (Statutes of Québec, 1991, c. 64) or by the alienation of part of a building requiring the partitioning of the land on which it is situated.
For the purposes of the first paragraph, the council may provide that new uses of the land, new structures, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the regional county municipality. In such a case, the council may impose prohibitions that apply to one, several or all of the classes, subclasses or parts of territory or that vary according to class, subclass or part of territory or to any combination comprised of a class or subclass and a part of territory.
As soon as practicable after the passage of the resolution by which the council makes the decision under the first paragraph or changes or repeals it, the secretary-treasurer shall transmit a certified copy thereof to the Minister and to every municipality whose territory is comprised in that of the regional county municipality, and shall publish notice of the date of passage of the resolution in a newspaper circulated in the territory of the regional county municipality.
1979, c. 51, s. 62; 1982, c. 63, s. 79; 1993, c. 3, s. 33; 1996, c. 25, s. 26.
62. Notwithstanding section 61, the prohibition against erecting a new structure in the territory of a municipality is lifted with the issuance of a permit by an officer designated by the municipality, if the intended structure has already received, before the coming into force of the resolution provided for in section 4, all the authorizations required by the municipality, and if the construction begins within six months of the coming into force of that resolution, or if the following three conditions are met:
(1)  the landsite on which the intended structure is to be erected, including dependencies, forms one or more separate lots on the plan and book of reference, which are in conformity with the subdivision by-law of the municipality or, if they are not in conformity with the by-law, which are protected by acquired rights;
(2)  the waterworks and sewer services for which an authorization was received or a permit issued under the act are already installed along the street where the structure is intended or the by-law ordering their installation is already in force;
(3)  the landsite on which the intended structure is to be erected is adjacent to public street.
Notwithstanding section 61, the prohibition against effecting a new cadastral operation in the territory of a municipality is lifted with the issuance of a permit by an officer designated by the municipality, if the intended cadastral operation has already received, before the coming into force of the resolution provided for in section 4, all the authorizations required by the municipality, as the case may be, and if the operation is effected within six months of the coming into force of that resolution, or if the following two conditions are met:
(1)  the waterworks and sewer services are, on the date of the coming into force of the resolution provided for in section 4, already installed along the street where a parcel of land in respect of which a cadastral operation is intended is situated;
(2)  the parcel of land is adjacent to a public street.
1979, c. 51, s. 62; 1982, c. 63, s. 79; 1993, c. 3, s. 33.
62. Notwithstanding section 61, the prohibition against erecting a new structure in the territory of a municipality is lifted with the issuance of a permit by an officer designated by the municipality, if the intended structure has already received, before the coming into force of the resolution provided for in section 4, all the authorizations required by the municipality, and if the construction begins within six months of the coming into force of that resolution, or if the following three conditions are met:
(1)  the landsite on which the intended structure is to be erected, including dependencies, forms one or more separate lots on the plan and book of reference;
(2)  the waterworks and sewer services for which an authorization was received or a permit issued under the act are already installed along the street where the structure is intended or the by-law ordering their installation is already in force;
(3)  the landsite on which the intended structure is to be erected is adjacent to public street.
Notwithstanding section 61, the prohibition against effecting a new cadastral operation in the territory of a municipality is lifted with the issuance of a permit by an officer designated by the municipality, if the intended cadastral operation has already received, before the coming into force of the resolution provided for in section 4, all the authorizations required by the municipality, as the case may be, and if the operation is effected within six months of the coming into force of that resolution, or if the following two conditions are met:
(1)  the waterworks and sewer services are, on the date of the coming into force of the resolution provided for in section 4, already installed along the street where a parcel of land in respect of which a cadastral operation is intended is situated;
(2)  the parcel of land is adjacent to a public street.
1979, c. 51, s. 62; 1982, c. 63, s. 79.
62. Notwithstanding section 61, the prohibition against erecting a new structure in the territory of a municipality is lifted with the issuance of a permit by an officer designated by the municipality, if the intended structure has already received, before the coming into force of the resolution provided for in section 4, all the authorizations required by the municipality, and if the construction begins within six months of the coming into force of that resolution, or if the following three conditions are met:
(1)  the landsite on which the intended structure is to be erected, including dependencies, forms one or more separate lots on the plan and book of reference;
(2)  the waterworks and sewer services for which an authorization was received or a permit issued under the act are already installed along the street where the structure is intended or the by-law ordering their installation is already in force;
(3)  the landsite on which the intended structure is to be erected is adjacent to public street.
1979, c. 51, s. 62.