C-11.5 - Charter of Ville de Québec, national capital of Québec

Section 115 Disposition versions

2023-06-01

115. The borough council shall exercise the jurisdiction of the city under the Act respecting land use planning and development (chapter A‐19.1), respecting zoning and subdivision, except the city’s jurisdiction under sections 117.1 to 117.16 of that Act, and respecting matters referred to in Division VI of Chapter IV of Title I of that Act, sections 145.12 to 145.14 of that Act, Divisions VIII, X, X.1 and XI of that chapter and sections 103, 110, 111 and 112 of Schedule C to this Charter.

The following modifications to the Act respecting land use planning and development are among those applicable for the purposes of the first paragraph:

(1)  a replacement by-law referred to in section 110.10.1 of that Act shall not be adopted later than the day that is two years after the day of the coming into force of the revised planning program;

(2)  the notice required under section 126 of that Act must state that a copy of the draft by-law may be consulted at the borough office;

(3)  the summary provided for in section 129 of that Act may be obtained at the borough office;

(4)  when, under the second paragraph of section 130 of that Act, an application relating to a provision contained in a second draft by-law making it subject to approval by way of referendum may originate from any zone within the territory of the municipality and requires that the draft by-law be submitted for approval to all the qualified voters, the territory is replaced by the territory formed by the borough concerned and any borough contiguous to it, and the qualified voters are the qualified voters of those boroughs;

(5)  for the purposes of the approval of a resolution or a by-law by the qualified voters, a contiguous zone referred to in a provision of that Act may be included in another borough; and

(6)  if a notice provided for in Chapter IV of Title I of the Act respecting land use planning and development that must be published in relation to a matter under the jurisdiction of a borough council concerns a resolution or a by-law that must have effect in a zone contiguous to another borough, the notice must also be posted in the office of, and published in a newspaper in, that borough.

For the purposes of the first two paragraphs and of the Act respecting land use planning and development, every provision amending a by-law adopted under the Charter of the city of Québec (1929, chapter 95) and repealed by section 177, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. II, s. 115; 2003, c. 19, s. 77; 2008, c. 18, s. 12; 2010, c. 18, s. 13; 2021, c. 10, s. 118; 2023, c. 12, s. 111.

2021-04-01

115. The borough council shall exercise the jurisdiction of the city under the Act respecting land use planning and development (chapter A‐19.1), respecting zoning and subdivision, except the city’s jurisdiction under sections 117.1 to 117.16 of that Act, and respecting matters referred to in Division VI of Chapter IV of Title I of that Act, sections 145.12 to 145.14 of that Act, Divisions VIII, X and XI of that chapter and sections 103, 110, 111 and 112 of Schedule C to this Charter.

The following modifications to the Act respecting land use planning and development are among those applicable for the purposes of the first paragraph:

(1)  section 110.10.1 of that Act does not apply;

(2)  the notice required under section 126 of that Act must state that a copy of the draft by-law may be consulted at the borough office;

(3)  the summary provided for in section 129 of that Act may be obtained at the borough office;

(4)  when, under the second paragraph of section 130 of that Act, an application relating to a provision contained in a second draft by-law making it subject to approval by way of referendum may originate from any zone within the territory of the municipality and requires that the draft by-law be submitted for approval to all the qualified voters, the territory is replaced by the territory formed by the borough concerned and any borough contiguous to it, and the qualified voters are the qualified voters of those boroughs;

(5)  for the purposes of the approval of a resolution or a by-law by the qualified voters, a contiguous zone referred to in a provision of that Act may be included in another borough; and

(6)  if a notice provided for in Chapter IV of Title I of the Act respecting land use planning and development that must be published in relation to a matter under the jurisdiction of a borough council concerns a resolution or a by-law that must have effect in a zone contiguous to another borough, the notice must also be posted in the office of, and published in a newspaper in, that borough.

For the purposes of the first two paragraphs and of the Act respecting land use planning and development, every provision amending a by-law adopted under the Charter of the city of Québec (1929, chapter 95) and repealed by section 177, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. II, s. 115; 2003, c. 19, s. 77; 2008, c. 18, s. 12; 2010, c. 18, s. 13; 2021, c. 10, s. 118.

2010-06-11

115. The borough council shall exercise the jurisdiction of the city under the Act respecting land use planning and development (chapter A‐19.1), respecting zoning and subdivision, except the city’s jurisdiction under sections 117.1 to 117.16 of that Act, and respecting matters referred to in Division VI of Chapter IV of Title I of that Act, sections 145.12 to 145.14 of that Act, Divisions VIII, X and XI of that chapter and sections 96, 103, 110, 111 and 112 of Schedule C to this Charter.

The following modifications to the Act respecting land use planning and development are among those applicable for the purposes of the first paragraph:

(1)  section 110.10.1 of that Act does not apply;

(2)  the notice required under section 126 of that Act must state that a copy of the draft by-law may be consulted at the borough office;

(3)  the summary provided for in section 129 of that Act may be obtained at the borough office;

(4)  when, under the second paragraph of section 130 of that Act, an application relating to a provision contained in a second draft by-law making it subject to approval by way of referendum may originate from any zone within the territory of the municipality and requires that the draft by-law be submitted for approval to all the qualified voters, the territory is replaced by the territory formed by the borough concerned and any borough contiguous to it, and the qualified voters are the qualified voters of those boroughs;

(5)  for the purposes of the approval of a resolution or a by-law by the qualified voters, a contiguous zone referred to in a provision of that Act may be included in another borough; and

(6)  if a notice provided for in Chapter IV of Title I of the Act respecting land use planning and development that must be published in relation to a matter under the jurisdiction of a borough council concerns a resolution or a by-law that must have effect in a zone contiguous to another borough, the notice must also be posted in the office of, and published in a newspaper in, that borough.

For the purposes of the first two paragraphs and of the Act respecting land use planning and development, every provision amending a by-law adopted under the Charter of the city of Québec (1929, chapter 95) and repealed by section 177, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. II, s. 115; 2003, c. 19, s. 77; 2008, c. 18, s. 12; 2010, c. 18, s. 13.

2008-06-12

115. The borough council shall exercise the jurisdiction of the city under the Act respecting land use planning and development (chapter A‐19.1), respecting zoning and subdivision, except the city’s jurisdiction under sections 117.1 to 117.16 of that Act, and respecting matters referred to in Division VI of Chapter IV of Title I of that Act, sections 145.12 to 145.14 of that Act, Divisions VIII, X and XI of that chapter and sections 96, 103, 110, 111 and 112 of Schedule C to this Charter.

Among the modifications to the Act respecting land use planning and development required by the application of the first paragraph, the following are applicable: section 110.10.1 of that Act does not apply, the notice required by section 126 of that Act must state that a copy of the draft by-law may be consulted at the borough office and the summary provided for in section 129 of that Act may be obtained at that office.

For the purposes of the first two paragraphs and of the Act respecting land use planning and development, every provision amending a by-law adopted under the Charter of the city of Québec (1929, chapter 95) and repealed by section 177, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. II, s. 115; 2003, c. 19, s. 77; 2008, c. 18, s. 12.

2004-05-01

115. The borough council shall exercise the jurisdiction of the city under the Act respecting land use planning and development (chapter A‐19.1), respecting zoning and subdivision, except the city’s jurisdiction under sections 117.1 to 117.16 of that Act, and respecting matters referred to in Division VI of Chapter IV of Title I of that Act, sections 145.12 to 145.14 of that Act, Divisions VIII, X and XI of that chapter and sections 96, 103, 110, 111 and 112 of Schedule C to this Charter.

The following modifications to the Act respecting land use planning and development are among those applicable for the purposes of the first paragraph:

(1)  section 110.10.1 of that Act does not apply;

(2)  the notice required by section 126 of that Act must be posted at the borough office and must state that a copy of the draft by-law may be consulted at the borough office;

(3)  the summary provided for in section 129 of that Act may be obtained at the borough office; and

(4)  the notice provided for in section 145.6, published in accordance with the Cities and Towns Act (chapter C‐19), is to be posted at the borough office.

For the purposes of the first two paragraphs and of the Act respecting land use planning and development, every provision amending a by-law adopted under the Charter of the city of Québec (1929, chapter 95) and repealed by section 177, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. II, s. 115; 2003, c. 19, s. 77.

2002-01-01

115. For the purposes of sections 123 to 137 of the Act respecting land use planning and development (chapter A‐19.1),

(1)  a public consultation meeting shall be held in each borough concerned by the draft by-law;

(2)  the date, time and place of any meeting shall be fixed by the council of any borough in which a meeting is to be held under subparagraph 1;

(3)  every public consultation meeting shall be presided by the chair of the borough council;

(4)  the notice required by section 126 of that Act shall be posted at the office of the city and at the office of each borough concerned by the draft by-law, and shall state that a copy of the draft by-law is available for consultation both at the office of the city and at the office of each such borough;

(5)  the summary referred to in section 129 of that Act may be obtained at the office of the borough; and

(6)  a notice under section 132 of that Act shall be issued separately for each borough and shall deal only with the provisions of the second draft by-law that are to affect the borough concerned by the notice.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by-law adopted under the Charter of the city of Québec (1929, chapter 95) and repealed by section 177, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. II, s. 115.