A-19.1 - Act respecting land use planning and development

Full text
75. (Replaced).
1979, c. 51, s. 75; 1982, c. 63, s. 85; 1990, c. 50, s. 6; 1993, c. 3, s. 40; 1995, c. 34, s. 61; 1996, c. 25, s. 26.
75. For the application of the interim control in connection with the procedure for amending or revising the development plan, the other provisions of this division shall apply with the following adaptations:
(1)  a resolution by which the council of the regional county municipality, in accordance with the third paragraph of section 48 or the first paragraph of section 56, provides for the application of interim control is considered to be a resolution provided for in section 4;
(2)  the territory in which interim control applies shall be the territory mentioned in the resolution referred to in subparagraph 1 of this section, subject to any by-law adopted under section 63;
(3)  sections 61 to 65 and 74 apply only to a municipality having jurisdiction over the territory in which interim control applies;
(4)  in the case of interim control related to the procedure for amending a development plan, the date of the coming into force of the last concordance by-law which the council of the municipality concerned is required to adopt under section 58 to take any amendment made to the plan into account is considered to be the date of issue of the certificate of conformity referred to in sections 61, 63 and 74;
(5)  in the case of interim control related to the procedure for revising the development plan, either of the following dates is considered to be the date of issue of the certificate of conformity referred to in sections 61, 63 and 74:
(a)  the date of coming into force of the last concordance by-law that the council of the municipality concerned is required to adopt under section 59 for the purpose of taking the procedure of revision of the plan into account; or
(b)  the date on which all by-laws, among those referred to in section 59.1, of the municipality concerned which need not be amended by a concordance by-law for the purpose of taking the procedure for revising the plan into account are determined under the fourth paragraph of section 59.2 or 59.4, if the date is subsequent to the date referred to in subparagraph a of this paragraph or if none of the by-laws, among those referred to in section 59.1, of the municipality concerned needs to be amended;
(6)  an amendment made under the second paragraph of section 64 shall come into force according to the rules prescribed in section 110 or 137.15, as the case may be;
(7)  documents sent under section 46 shall stand in lieu of documents required under section 74.
Sections 61, 62, 73 and 74 cease to have effect, and any by-law adopted under section 63 ceases to be in force, for the application of interim control in connection with the procedure for amending or revising the plan, where the resolution or the part of a resolution providing for the application of the control is repealed or struck out.
1979, c. 51, s. 75; 1982, c. 63, s. 85; 1990, c. 50, s. 6; 1993, c. 3, s. 40; 1995, c. 34, s. 61.
75. For the application of the interim control in connection with the procedure for amending or revising the development plan, the other provisions of this division shall apply with the following adaptations:
(1)  a resolution by which the council of the regional county municipality, in accordance with the third paragraph of section 48 or the first paragraph of section 56, provides for the application of interim control is considered to be a resolution provided for in section 4;
(2)  the territory in which interim control applies shall be the territory mentioned in the resolution referred to in subparagraph 1 of this section, subject to any by-law adopted under section 63;
(3)  sections 61 to 65 and 74 apply only to a municipality having jurisdiction over the territory in which interim control applies;
(4)  in the case of interim control related to the procedure for amending a development plan, the date of the coming into force of the last concordance by-law which the council of the municipality concerned is required to adopt under section 58 to take any amendment made to the plan into account is considered to be the date of issue of the certificate of conformity referred to in sections 61, 63 and 74;
(5)  in the case of interim control related to the procedure for revising the development plan, either of the following dates is considered to be the date of issue of the certificate of conformity referred to in sections 61, 63 and 74:
(a)  the date of coming into force of the last concordance by-law that the council of the municipality concerned is required to adopt under section 59 for the purpose of taking the procedure of revision of the plan into account; or
(b)  the date on which all by-laws, among those referred to in section 59.1, of the municipality concerned which need not be amended by a concordance by-law for the purpose of taking the procedure for revising the plan into account are determined under the fourth paragraph of section 59.2 or 59.4, if the date is subsequent to the date referred to in subparagraph a of this paragraph or if none of the by-laws, among those referred to in section 59.1, of the municipality concerned needs to be amended;
(6)  an amendment made under the second paragraph of section 64 shall come into force according to the rules prescribed in section 110 or 137.15, as the case may be;
(7)  the opinion provided for in section 74 may be combined with that provided for in section 46.
Sections 61, 62, 73 and 74 cease to have effect, and any by-law adopted under section 63 ceases to be in force, for the application of interim control in connection with the procedure for amending or revising the plan, where the resolution or the part of a resolution providing for the application of the control is repealed or struck out.
1979, c. 51, s. 75; 1982, c. 63, s. 85; 1990, c. 50, s. 6; 1993, c. 3, s. 40.
75. Where, pursuant to the third paragraph of section 48 or 55, the resolution by way of which a draft by-law to amend the development plan of a regional county municipality is adopted or a revised development plan proposal prescribes that interim control measures apply in all or part of the territory of a municipality, sections 61 to 74 apply thereto, amended as required.
1979, c. 51, s. 75; 1982, c. 63, s. 85; 1990, c. 50, s. 6.
75. The interim control measures provided for in sections 61 to 74 apply in the territory of a municipality from the date of the passing by the council of the regional county municipality of a resolution which includes the clause provided for in the third paragraph of section 48, until the date of issuance of the last certificate of conformity in respect of the planning program and the zoning, subdivision and building by-laws and, as the case may be, the by-law contemplated in section 116 of that municipality.
1979, c. 51, s. 75; 1982, c. 63, s. 85.
75. The interim control measures provided for in sections 61 to 74 apply in the territory of a municipality from the date of the passing by the council of the regional county municipality of a resolution which includes the clause provided for in the third paragraph of section 48, until the date of issuance of the last certificate of conformity in respect of the planning programme and the zoning, subdivision and building by-laws of that municipality.
1979, c. 51, s. 75.