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A-19.1 - Act respecting land use planning and development

Section 227
Disposition versions

Full text
227. The Superior Court may, on application by of the Attorney General, the responsible body, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1 to 79.3, 116, 145.21 and 145.35.1;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21, 145.35.3, 165.4.18 or 165.4.19; or
(f)  a resolution referred to in section 145.35.4, in the second paragraph of section 145.7, 145.34, 145.38, 165.4.9 or 165.4.17, or in the third paragraph of section 145.42;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of the Environment Quality Act (chapter Q-2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the applicable metropolitan plan, RCM plan or interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45; 2004, c. 20, s. 12; 2006, c. 3, s. 35; 2009, c. 26, s. 4; 2010, c. 10, s. 90; I.N. 2016-01-01 (NCCP); I.N. 2020-02-01; 2021, c. 7, s. 22; 2023, c. 12, s. 91.
227. The Superior Court may, on application by of the Attorney General, the responsible body, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1 to 79.3, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21, 165.4.18 or 165.4.19; or
(f)  a resolution referred to in the second paragraph of section 145.7, 145.34, 145.38, 165.4.9 or 165.4.17, or in the third paragraph of section 145.42;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of the Environment Quality Act (chapter Q-2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the applicable metropolitan plan, RCM plan or interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45; 2004, c. 20, s. 12; 2006, c. 3, s. 35; 2009, c. 26, s. 4; 2010, c. 10, s. 90; I.N. 2016-01-01 (NCCP); I.N. 2020-02-01; 2021, c. 7, s. 22.
227. The Superior Court may, on application by of the Attorney General, the responsible body, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21, 165.4.18 or 165.4.19; or
(f)  a resolution referred to in the second paragraph of section 145.7, 145.34, 145.38, 165.4.9 or 165.4.17, or in the third paragraph of section 145.42;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of the Environment Quality Act (chapter Q-2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the applicable metropolitan plan, RCM plan or interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45; 2004, c. 20, s. 12; 2006, c. 3, s. 35; 2009, c. 26, s. 4; 2010, c. 10, s. 90; I.N. 2016-01-01 (NCCP); I.N. 2020-02-01.
227. The Superior Court may, on application by of the Attorney General, the responsible body, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21, 165.4.18 or 165.4.19; or
(f)  a resolution referred to in the second paragraph of section 145.7, 145.34, 145.38, 165.4.9 or 165.4.17, or in the third paragraph of section 145.42;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q-2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the applicable metropolitan plan, RCM plan or interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45; 2004, c. 20, s. 12; 2006, c. 3, s. 35; 2009, c. 26, s. 4; 2010, c. 10, s. 90; I.N. 2016-01-01 (NCCP).
227. The Superior Court may, at the request of the Attorney General, the responsible body, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21, 165.4.18 or 165.4.19; or
(f)  a resolution referred to in the second paragraph of section 145.7, 145.34, 145.38, 165.4.9 or 165.4.17, or in the third paragraph of section 145.42;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q-2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the applicable metropolitan plan, RCM plan or interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45; 2004, c. 20, s. 12; 2006, c. 3, s. 35; 2009, c. 26, s. 4; 2010, c. 10, s. 90.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21, 165.4.18 or 165.4.19; or
(f)  a resolution referred to in the second paragraph of section 145.7, 145.34, 145.38, 165.4.9 or 165.4.17, or in the third paragraph of section 145.42;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q-2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable land use planning and development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45; 2004, c. 20, s. 12; 2006, c. 3, s. 35; 2009, c. 26, s. 4.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21, 165.4.18 or 165.4.19; or
(f)  a resolution referred to in the second paragraph of section 145.7, 145.34, 145.38, 165.4.9 or 165.4.17;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q‐2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable land use planning and development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45; 2004, c. 20, s. 12; 2006, c. 3, s. 35.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21, 165.4.18 or 165.4.19; or
(f)  a resolution referred to in the second paragraph of section 145.7, 145.34, 145.38, 165.4.9 or 165.4.17;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of the Environment under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q‐2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable land use planning and development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45; 2004, c. 20, s. 12.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21; or
(f)  a resolution referred to in the second paragraph of section 145.7, 145.34 or 145.38;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of the Environment under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q‐2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable land use planning and development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15; 2003, c. 19, s. 45.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21; or
(f)  a resolution referred to in the second paragraph of section 145.34 or 145.38;
(2)  an intervention made contrary to section 150;
(3)  a use of land or a structure inconsistent with the provisions of a land rehabilitation plan approved by the Minister of the Environment under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q‐2).
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable land use planning and development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the provisions of the land rehabilitation plan referred to in subparagraph 3 of the first paragraph, or if there is no other useful remedy, the demolition of the structure or the restoration of the land.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52; 2002, c. 11, s. 15.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under any of sections 79.1, 116 and 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21; or
(f)  a resolution referred to in the second paragraph of section 145.34 or 145.38;
(2)  an intervention made contrary to section 150.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable land use planning and development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30; 2002, c. 68, s. 6, s. 52.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with
(a)  a zoning, subdivision or building by-law;
(b)  a by-law under section 116 or 145.21;
(c)  an interim control by-law or resolution;
(d)  a plan approved in accordance with section 145.19;
(e)  an agreement under section 145.21; or
(f)  a resolution referred to in the second paragraph of section 145.34 or 145.38;
(2)  an intervention made contrary to section 150.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the agreement, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73; 2002, c. 37, s. 30.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with a zoning by-law, subdivision by-law, building by-law, a by-law provided for in section 116 or 145.21 or an interim control by-law or resolution, or with a plan approved in accordance with section 145.19 or with an agreement under section 145.21;
(2)  an intervention made contrary to section 150.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the resolution, the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21; 1996, c. 25, s. 73.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with a zoning by-law, subdivision by-law, building by-law, a by-law provided for in section 116 or 145.21 or an interim control by-law, or with a plan approved in accordance with section 145.19 or with an agreement under section 145.21;
(2)  an intervention made contrary to section 150.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
1979, c. 51, s. 227; 1993, c. 3, s. 78; 1994, c. 32, s. 21.
227. The Superior Court may, at the request of the Attorney General, the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with a zoning by-law, subdivision by-law, building by-law, a by-law provided for in section 116 or an interim control by-law, or with a plan approved in accordance with section 145.19;
(2)  an intervention made contrary to section 150.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the by-law or the plan referred to in subparagraph 1 of the first paragraph, or to cause an intervention to which section 150 applies to be in conformity with the objectives of the applicable development plan or the provisions of the applicable interim control by-law or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
1979, c. 51, s. 227; 1993, c. 3, s. 78.
227. The Superior Court may, at the request of the regional county municipality, the municipality or any other interested person, order the cessation of
(1)  a use of land or a structure incompatible with a zoning by-law, subdivision by-law or building by-law;
(2)  an intervention made contrary to Chapter VI of Title I.
It may also order, at the expense of the owner, the carrying out of the works required to bring the use of the land or the structure into conformity with the law and the regulations or, if there is no other useful remedy, the demolition of the structure or the restoration of the land to its former condition.
1979, c. 51, s. 227.
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