A-19.1 - Act respecting land use planning and development

Updated to 31 August 2024

This document has official status.

chapter A-19.1

Act respecting land use planning and development

AS the territory of Québec is unique and diversified and as it constitutes the common heritage of all Quebecers;

AS that territory is a source of attachment, pride and identity for all its inhabitants;

AS that territory constitutes both an invaluable wealth and a limited resource, and as it is important to protect it and develop it for the benefit of current and future generations;

AS human actions in the territory have lasting effects;

AS land use planning and development are essential to the sustainable use of the territory and as they contribute to the creation of quality living environments, the protection of natural environments and agricultural land, the development of agricultural and forest activities, the development of dynamic and authentic communities and the fight against climate change;

AS land use planning and development are responsibilities that are shared by the State and the municipal authorities, and as it is important to ensure concerted action between the stakeholders as well as consistency in decisions concerning these matters;

AS it is the State’s responsibility to define the policy directions that are to guide territorial planning and to ensure that its interventions contribute to the sustainable development of the territory;

AS it is incumbent on municipal authorities to make decisions concerning land use planning and development in keeping with those policy directions, giving priority to the collective interest and taking into account territorial characteristics;

1979, c. 51; 2023, c. 12, s. 1.

TITLE PRELIMINARY OBJECT AND INTERPRETATION

1979, c. 51, Tit. preliminary; 2023, c. 12, s. 2.

0.1. This Act establishes a land use planning and development regime designed to

(1)  foster informed and sustainable planning and development of the territory;

(2)  divide up land use planning and development responsibilities between the Government, metropolitan communities, regional county municipalities and local municipalities;

(3)  ensure consistency of decisions made by the various stakeholders;

(4)  confer a leading and unifying role on territorial planning documents;

(5)  provide municipalities with versatile urban planning tools adapted to various needs; and

(6)  measure the effectiveness of planning in order to support optimal and informed decision making.

2023, c. 12, s. 3.

1. In this Act, unless the context indicates otherwise,

(1)  “alienation” means any conveyance of property, including sale with a right of redemption, emphyteusis, alienation for rent, transfer of a right contemplated in section 8 of the Mining Act (chapter M-13.1) or section 15 of the Act respecting natural gas storage and natural gas and oil pipelines (chapter S-34.1), except by

(a)  transmission owing to death;

(b)  auction sale, including sale for unpaid taxes and withdrawal and any conveyance resulting from the Act respecting expropriation (chapter E-25);

(c)  taking in payment to the extent that the person exercising that right becomes the owner of the whole lot or of all the lots still subject to the hypothec;

(2)  (paragraph repealed);

(3)  “Commission” means the Commission municipale du Québec;

(3.1)  “wetlands and bodies of water” means the wetlands and bodies of water described in section 46.0.2 of the Environment Quality Act (chapter Q-2);

(4)  “Minister” means the Minister of Municipal Affairs, Regions and Land Occupancy;

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  “cadastral operation” means a cadastral amendment provided for in the first paragraph of article 3043 of the Civil Code;

(7.1)  “responsible body” : means a metropolitan community that must maintain a metropolitan land use and development plan in force or a regional county municipality that must maintain a land use and development plan in force;

(8)  “public agency” means an agency to which the Government or a minister appoints the majority of the members, to which, by law, the personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1), or at least half of whose capital stock is derived from the Consolidated Revenue Fund;

(8.1)  “metropolitan plan” : means the metropolitan land use and development plan of a metropolitan community;

(8.2)  “senior officer” : means the chair of a metropolitan community, the warden of a regional county municipality or the mayor of a local municipality;

(8.2.1)  “planning by-law” means any by-law provided for in Chapter IV or Chapter V.0.1 of Title I;

(8.3)  “RCM plan” : means the land use and development plan of a regional county municipality;

(9)  “secretary” means,

(a)  in the case of a metropolitan community, the secretary or any other officer the executive committee designates for that purpose;

(b)  in the case of a regional county municipality or local municipality, the clerk-treasurer, the clerk or any other officer the council designates for that purpose; and

(c)  in the case of a school service centre or school board, the director general;

(9.1)  “core city” means any local municipality whose territory corresponds to a census agglomeration defined by Statistics Canada or any local municipality whose territory is situated within such an agglomeration and whose population is the highest among those of the local municipalities whose territory is situated within that agglomeration;

(10)  “thoroughfare” means any place or structure intended for vehicular or pedestrian traffic, in particular, a road, street, lane, sidewalk, walkway, bicycle path, snowmobile trail, hiking path, square or public parking area.

1979, c. 51, s. 1; 1982, c. 2, s. 53; 1984, c. 27, s. 18; 1983, c. 55, s. 161; 1987, c. 64, s. 329; 1988, c. 19, s. 215; 1993, c. 3, s. 1; 1993, c. 65, s. 75; 1992, c. 57, s. 431; 1996, c. 2, s. 29; 1996, c. 25, s. 1; 1999, c. 40, s. 18; 1999, c. 43, s. 13; 2000, c. 8, s. 242; 2002, c. 68, s. 1; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 1; 2017, c. 14, s. 39; 2016, c. 35, s. 23; 2020, c. 1, s. 310; 2021, c. 7, s. 2; 2021, c. 31, s. 132; 2022, c. 10, s. 123; 2023, c. 12, s. 4; 2023, c. 27, s. 240.

The reference pursuant to section 97 of chapter 23 of the statutes of 1987 in respect of the Lands and Forests Act (chapter T-9) could not be effected in this section because all timber limits leased on the domain of the State were cancelled on 1 April 1987. (1986, c. 108, s. 213; 1999, c. 40, s. 140).

1.1. In this Act, the word “municipality”, except where it appears as part of the expression “regional county municipality”, means a local municipality.

A regional county municipality whose territory comprises an unorganized territory is a local municipality in respect of that territory, in accordance with section 8 of the Act respecting municipal territorial organization (chapter O-9). However, the provisions of this Act, other than those that refer specifically to an unorganized territory, apply to such a local municipality, with the following modifications:

(1)  the regional county municipality does not have the power or the obligation to adopt a planning program in respect of that territory;

(2)  any document that must be sent by a third person to the municipality and to the regional county municipality may be sent validly once, within the time and according to the procedure that are more demanding in respect of the third person if the prescribed time and procedure for the transmission of documents to the municipality and to the regional county municipality differ;

(3)  any provision requiring that the by-law of a municipality be approved or certified true by the regional county municipality does not apply; in such a case, the by-law is deemed approved and certified true on being passed;

(4)  (subparagraph repealed).

1982, c. 63, s. 69; 1988, c. 19, s. 216; 1993, c. 3, s. 2; 1996, c. 2, s. 30.

1.2. In this Act, “government policy directions” means

(1)  the objectives and policy directions that the Government, its ministers, mandataries of the State and public bodies are pursuing with respect to land use development, as defined in any document adopted by the Government after consultation, by the Minister, with the authorities representing the municipal sector and with any other civil society organization the Minister considers relevant, and the equipment, infrastructure and land use development projects they intend to carry out in the territory; and

(2)  any land use plan prepared under section 21 of the Act respecting the lands in the domain of the State (chapter T-8.1).

Any document adopted by the Government under subparagraph 1 of the first paragraph must be published in the Gazette officielle du Québec.

2017, c. 13, s. 1.

2. A metropolitan plan, an RCM plan and an interim control by-law related to the process of amendment or revision of such a metropolitan plan or RCM plan are binding on the Government, its ministers and mandataries of the State, where they plan any intervention to which sections 150 to 157 apply, but only to the extent provided in these sections.

In particular, the Government and its ministers and mandataries of the State are not required to obtain a permit or certificate required under an interim control by-law.

For the purposes of this Act, a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) is considered a mandatary of the State.

1979, c. 51, s. 2; 1983, c. 19, s. 1; 1993, c. 3, s. 3; 1999, c. 40, s. 18; 2002, c. 68, s. 52; 2010, c. 10, s. 2; 2023, c. 12, s. 5.

TITLE I REGULATION OF LAND USE PLANNING AND DEVELOPMENT

CHAPTER 0.1 RESPONSIBLE BODY

2010, c. 10, s. 3.

2.1. Every metropolitan community is a responsible body with respect to a metropolitan plan.

For the purposes of the functions of the Communauté métropolitaine de Québec as a responsible body, the territory of the metropolitan community is deemed to include any unorganized territory situated within the territory of Municipalité régionale de comté de La Jacques-Cartier or Municipalité régionale de comté de La Côte-de-Beaupré.

2010, c. 10, s. 3.

2.2. Every regional county municipality is a responsible body with respect to an RCM plan.

2010, c. 10, s. 3.

CHAPTER 0.1.1 PURPOSES OF TERRITORIAL PLANNING

2023, c. 12, s. 6.

2.2.1. The purposes of the territorial planning of metropolitan communities, regional county municipalities and municipalities include but are not limited to the following:

(1)  the optimal use of the territory, including to limit urban sprawl, in a manner that ensures that future generations can live and prosper there;

(2)  the creation of complete, quality, convivial living environments that are conducive to the adoption of a healthy lifestyle;

(3)  the development and maintenance of a housing supply that meets the diversity of needs;

(4)  the prevention and reduction of risks and nuisances that could affect human health and safety and the safety of property;

(5)  the fight against climate change, including adaptation to that change;

(6)  the development of prosperous, dynamic and attractive communities;

(7)  sustainable mobility, with a view to safety, accessibility and multimodal transport;

(8)  the protection, development and sustainability of agricultural land and activities;

(9)  the conservation and enhancement of natural environments and biodiversity as well as accessibility to nature;

(10)  the preservation and enhancement of cultural heritage and landscapes;

(11)  the optimal management of public infrastructures and equipment;

(12)  the sustainable and integrated management of water resources; and

(13)  the preservation and development of natural resources.

2023, c. 12, s. 6.

CHAPTER 0.2 STRATEGIC VISION STATEMENT

2010, c. 10, s. 3.

DIVISION I OBLIGATION TO MAINTAIN STATEMENT

2010, c. 10, s. 3.

2.3. In order to facilitate the coherent exercise of its powers under the law, a responsible body is required to maintain in force at all times a statement of its strategic vision for cultural, economic, environmental and social development in its territory.

However, a regional county municipality all or part of whose territory is situated within the territory of a metropolitan community is not required to maintain a statement in force for the common territory.

When determining the content of its statement, the regional county municipality must take the metropolitan community’s statement into consideration.

2010, c. 10, s. 3.

DIVISION II STATEMENT ADOPTION AND AMENDMENT PROCESS

2010, c. 10, s. 3.

§ 1 . — Application

2010, c. 10, s. 3.

2.4. The process provided for in this division aims at maintaining in force a strategic vision statement.

In the following provisions, a reference to a statement includes, in addition to the first or a replacement statement, any amendment made to the statement in force.

2010, c. 10, s. 3.

2.5. For the purposes of this division, the following are partner bodies:

(1)  in every case, each municipality whose territory is situated within the territory of the responsible body;

(2)  in the case of the statement of a metropolitan community, each regional county municipality all or part of whose territory is situated within the territory of the metropolitan community; and;

(3)  in the case of the statement of a regional county municipality all or part of whose territory is situated within the territory of a metropolitan community, that metropolitan community.

2010, c. 10, s. 3.

§ 2 . — Adoption of draft statement and opinion of partner bodies

2010, c. 10, s. 3.

2.6. The council of the responsible body shall initiate the process by adopting a draft strategic vision statement.

As soon as practicable after the adoption of the draft statement, the secretary shall notify to the Minister, and send to every partner body, a certified copy of the draft statement and of the resolution adopting it.

2010, c. 10, s. 3; I.N. 2016-01-01 (NCCP).

2.7. The council of any partner body may give its opinion on the draft statement.

The opinion shall be given by means of a resolution, of which a certified copy must be sent to the responsible body within 120 days after a copy of the draft statement and of the resolution is sent to the partner body under the second paragraph of section 2.6.

2010, c. 10, s. 3.

§ 3 . — Public consultation

2010, c. 10, s. 3.

A.  — Provisions common to all responsible bodies

2010, c. 10, s. 3.

2.8. The responsible body must, as provided in sections 2.14, 2.15 and 2.18, hold at least one public meeting on the draft strategic vision statement.

The council of the responsible body shall specify every municipality in whose territory a public meeting must be held in accordance with the section applicable to it among those sections.

2010, c. 10, s. 3.

2.9. The public meetings held by the responsible body shall be conducted by a committee established by the council, composed of the council members it designates and presided over by the senior officer or another committee member designated by the senior officer.

2010, c. 10, s. 3.

2.10. The council of the responsible body shall set the date, time and place of every public meeting; it may, however, delegate all or part of that power to the secretary.

2010, c. 10, s. 3.

2.11. Not later than 15 days before a public meeting is held, the secretary shall publish a notice of the date, time and place and the purpose of the meeting in a newspaper circulated in the territory of the responsible body.

The notice must contain a summary describing the main effects of the draft statement on the territory concerned; that territory is the territory determined in section 2.13 or 2.17, as the case may be.

If all the meetings concern the whole territory of the responsible body, the secretary may give a single notice for all of them not later than 15 days before the first meeting is held.

If the council of the responsible body so chooses, the summary, rather than being included in the notice provided for in the first paragraph, may be mailed or distributed to every address in the territory concerned not later than 15 days before the first or only meeting is held. In that case, a notice of the date, time and place and the purpose of every meeting planned shall be enclosed with the summary.

Every notice must mention that a copy of the draft statement may be consulted at the office of the responsible body and, if applicable, at the office of every partner body.

2010, c. 10, s. 3.

2.12. At a public meeting, the committee shall explain the draft statement and hear the persons and organizations wishing to be heard.

2010, c. 10, s. 3.

B.  — Provisions specific to metropolitan communities

2010, c. 10, s. 3.

2.13. For the purposes of section 2.11, in the case of a metropolitan community, the territory concerned is the territory referred to or described in any of paragraphs 1 to 5 of section 2.14 or any of paragraphs 1 to 5 of section 2.15, as applicable.

2010, c. 10, s. 3.

2.14. The Communauté métropolitaine de Montréal must hold a public meeting in

(1)  the urban agglomeration of Montréal;

(2)  the urban agglomeration of Longueuil;

(3)  the territory of Ville de Laval;

(4)  the part of the territory of the metropolitan community that is made up of the territory of Ville de Mirabel and the territories of the municipalities listed in Schedule I to the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01) that are situated within the territories of the regional county municipalities listed in Schedule III to that Act; and

(5)  the part of the territory of the metropolitan community that is made up of the territories of the municipalities listed in Schedule I to the Act respecting the Communauté métropolitaine de Montréal that are situated within the territories of the regional county municipalities listed in Schedule IV to that Act.

2010, c. 10, s. 3.

2.15. The Communauté métropolitaine de Québec must hold a public meeting in

(1)  the urban agglomeration of Québec;

(2)  the territory of Ville de Lévis;

(3)  the territory of Municipalité régionale de comté de L’Île-d’Orléans;

(4)  the territory of Municipalité régionale de comté de La Côte-de-Beaupré; and

(5)  the territory of Municipalité régionale de comté de La Jacques-Cartier.

2010, c. 10, s. 3.

2.16. Despite section 2.9, the public meetings held by the Communauté métropolitaine de Montréal and the Communauté métropolitaine de Québec may be conducted by a committee established under section 50 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01) or section 41 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02), respectively.

2010, c. 10, s. 3.

C.  — Provisions specific to regional county municipalities

2010, c. 10, s. 3.

2.17. For the purposes of section 2.11, in the case of a regional county municipality, every public consultation meeting concerns the whole territory of the regional county municipality, unless meetings are planned in all the local municipal territories situated within the territory of the regional county municipality, or unless the regional county municipality, in its decision under section 2.8, specifically identified the local municipal territories that each meeting concerns, so as to ensure that no territory is overlooked.

2010, c. 10, s. 3.

2.18. A regional county municipality must hold at least one public consultation meeting in its territory.

The regional county municipality must also hold a public meeting in the territory of every municipality whose representative on the council so requests during the sitting at which the draft strategic vision statement is adopted.

It must also hold a public meeting in the territory, situated within its own territory, of every other municipality whose council so requests within 20 days after it is sent a copy of the draft statement. A certified copy of the resolution setting out the request must be sent to the regional county municipality within the same period.

For the purposes of the second and third paragraphs, if the sittings of the council of a municipality are held in the territory of another municipality, that territory is deemed to be the territory of the first municipality and, if applicable, to be situated within the territory of the regional county municipality

The population of the municipality in whose territory the meeting is held or the total population of the municipalities in whose territories meetings are held must make up at least two thirds of the population of the regional county municipality

2010, c. 10, s. 3.

2.19. In the case of a regional county municipality, the secretary shall also have a copy of the notice required under the first paragraph of section 2.11 posted in the office of every municipality whose territory is situated within the territory concerned not later than the time prescribed in that section.

2010, c. 10, s. 3.

§ 4 . — Adoption and coming into force

2010, c. 10, s. 3.

2.20. After the consultation period concerning the draft strategic vision statement, the council of the responsible body shall adopt the statement, with or without changes.

However, the statement may not be adopted before the later of

(1)  the day after the day on which the last of the partner bodies that were sent the draft statement gives an opinion on the draft statement or the day after the last day of the allotted period; and

(2)  the day after the public meeting, or the last of the public meetings, is held.

2010, c. 10, s. 3.

2.21. The strategic vision statement comes into force on the passage of the resolution adopting it.

As soon as practicable after the coming into force of the statement, the secretary shall notify to the Minister, and send to every partner body, a certified copy of the statement and of the resolution adopting it.

2010, c. 10, s. 3; I.N. 2016-01-01 (NCCP).

2.22. In the case of a metropolitan community, the decision to adopt the strategic vision statement must be made by a two-thirds majority of the votes cast.

In the case of the Communauté métropolitaine de Québec, the majority must also include a majority of the votes cast by the representatives of Ville de Lévis and a majority of the votes cast by all the representatives of Municipalité régionale de comté de L’Île-d’Orléans, Municipalité régionale de comté de La Côte-de-Beaupré and Municipalité régionale de comté de La Jacques-Cartier.

2010, c. 10, s. 3.

CHAPTER 0.3 METROPOLITAN LAND USE AND DEVELOPMENT PLAN OF THE METROPOLITAN COMMUNITY

2010, c. 10, s. 3.

DIVISION I OBLIGATION TO MAINTAIN METROPOLITAN PLAN

2010, c. 10, s. 3.

2.23. Every metropolitan community must at all times maintain in force a land use and development plan for its territory.

The plan is called the "Metropolitan land use and development plan".

2010, c. 10, s. 3.

DIVISION II CONTENT OF METROPOLITAN PLAN

2010, c. 10, s. 3.

2.24. The metropolitan plan shall define policy directions, objectives, targets and criteria to ensure the competitiveness and attractiveness of the territory of the metropolitan community, in keeping with sustainable development.

The policy directions, objectives, targets and criteria shall concern

(1)  land transportation planning;

(2)  the protection and enhancement of the natural and built environment, and of landscapes;

(3)  the identification of any part of the territory of the metropolitan community that must be the subject of integrated land use and transportation planning;

(4)  the definition of minimum density levels according to the characteristics of the locality;

(5)  the development of agricultural activities;

(6)  the definition of territories reserved for optimal urbanization;

(6.1)  land use planning conducted in a manner that is consistent with the protection, availability and integrated management of the water resource;

(7)  the identification of any part of the territory of the metropolitan community that is situated within the territory of two or more regional county municipalities and is subject to significant constraints for reasons of public security, public health or general well-being; and

(8)  the identification of any facility that is of metropolitan interest, and the determination of the site, use and capacity of any new such facility.

To support policy directions, objectives and criteria and achieve the targets defined under the first paragraph with regard to a subject referred to in subparagraph 6 of the second paragraph, the plan may delimit any metropolitan perimeter.

To support policy directions, objectives and criteria and achieve the targets defined under the first paragraph with regard to a subject referred to in any of subparagraphs 1 to 5, 7 and 8 of the second paragraph, the plan may also delimit any part of the territory and determine any location.

2010, c. 10, s. 3; 2023, c. 12, s. 7.

2.25. In order to ensure the achievement of its policy directions, objectives and targets or compliance with the criteria it sets out, the metropolitan plan may make it mandatory to include any element it specifies in the complementary document to an RCM plan applicable in the territory of the metropolitan community.

2010, c. 10, s. 3; 2023, c. 12, s. 8.

DIVISION III FOLLOW-UP OF METROPOLITAN PLAN

2010, c. 10, s. 3.

2.26. A metropolitan community must acquire the tools necessary to ensure follow-up and implementation of its metropolitan plan and to evaluate progress toward plan objectives and success in carrying out plan proposals.

The council of the metropolitan community must adopt a biennial report on those subjects. The secretary shall send a copy of the report to the Minister.

2010, c. 10, s. 3.

CHAPTER I REGIONAL COUNTY MUNICIPALITY LAND USE PLANNING AND DEVELOPMENT PLAN

2002, c. 68, s. 52.

DIVISION I OBLIGATION TO MAINTAIN RCM PLAN

1996, c. 25, s. 2; 2002, c. 68, s. 52; 2010, c. 10, s. 4.

3. Every regional county municipality must maintain in force, at all times, an RCM plan applicable to its whole territory.

1979, c. 51, s. 3; 1996, c. 25, s. 2; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

4. (Replaced).

1979, c. 51, s. 4; 1982, c. 2, s. 54; 1994, c. 13, s. 15; 1996, c. 2, s. 31; 1996, c. 25, s. 2.

DIVISION II CONTENTS OF THE PLAN

5. An RCM plan determines sustainable land use planning and development for the regional county municipality’s territory. It defines its general aims and contains objectives, targets and any other measure intended to ensure or facilitate its implementation.

In particular, the RCM plan must

(1)  describe the organization of the territory;

(2)  determine the general policies on land use in the territory;

(3)  delimit urbanization perimeters and determine occupation densities within them;

(4)  determine any part of the territory within an urbanization perimeter that is to be consolidated on a priority basis;

(5)  plan the organization of transportation, in particular the various modes of transportation, in a manner that is integrated with land use planning;

(6)  describe anticipated needs with respect to housing, including social or affordable housing, and set out measures for meeting those needs;

(7)  define the large infrastructure and equipment projects that are useful or necessary for pursuing the defined policy directions and objectives and for achieving the defined targets;

(8)  plan land use development in a manner that is consistent with the protection, availability and integrated management of water resources;

(9)  determine any part of the territory or any immovable that is of historical, cultural, aesthetic or ecological interest, and set out measures to ensure its protection or enhancement;

(10)  determine any lake or watercourse that is of recreational interest with a view to ensuring its public accessibility; and

(11)  identify any part of the territory where land occupation is subject to special restrictions for reasons of public safety or environmental protection, or because of its actual or potential proximity to a place or an activity that makes land occupation subject to special restrictions related to public safety, public health or general well-being.

For the purposes of the first paragraph, the plan of a regional county municipality whose territory includes an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) must ensure, in such a zone, the compatibility of land use planning and development standards with a view to favouring the priority use of land for agricultural activities and, within that framework, the harmonious coexistence of agricultural and non-agricultural uses.

The plan must describe its interrelatedness with any other planning document the regional county municipality is required to prepare.

The plan may delimit any mining-incompatible territory within the meaning of section 304.1.1 of the Mining Act (chapter M-13.1).

1979, c. 51, s. 5; 1982, c. 63, s. 70; 1988, c. 84, s. 700; 1993, c. 3, s. 4; 1996, c. 26, s. 65; 1999, c. 40, s. 18; 2002, c. 68, s. 2, s. 52; 2004, c. 20, s. 1; 2010, c. 10, s. 5; 2011, c. 21, s. 210; 2017, c. 14, s. 40; 2020, c. 1, s. 165; 2021, c. 7, s. 3; 2023, c. 12, s. 10; 2024, c. 2, s. 24.

6. The RCM plan must contain a complementary document that sets out rules, criteria or obligations regarding the content of any planning by-law a municipality may adopt under this Act, in particular as concerns the fact that such a by-law must be adopted and that it must contain provisions at least as restrictive as those of the complementary document.

The complementary document must, in particular, require the adoption of by-law provisions contemplated in subparagraph 7.1 of the second paragraph of section 115 as regards any lake or watercourse determined in accordance with subparagraph 10 of the second paragraph of section 5.

1979, c. 51, s. 6; 1987, c. 64, s. 330; 1989, c. 46, s. 1; 1993, c. 3, s. 5; 1996, c. 14, s. 21; 1997, c. 93, s. 1; 1998, c. 31, s. 1; 2002, c. 68, s. 52; 2004, c. 20, s. 2; 2009, c. 26, s. 1; 2010, c. 10, s. 110; 2010, c. 3, s. 255; 2013, c. 32, s. 116; 2017, c. 13, s. 2; 2016, c. 35, s. 23; 2021, c. 10, s. 80; 2021, c. 7, s. 4; 2022, c. 10, s. 3; 2023, c. 12, s. 10.

7. An RCM plan shall be accompanied with

(1)  a document indicating the estimated cost of the various intermunicipal public services and infrastructure proposed in the plan;

(1.1)  a plan of action for the implementation of the plan which mentions, in particular, the steps involved in its implementation, the municipalities, public bodies, ministers and State mandataries and other persons who are likely to participate in the implementation and the means proposed to further the coordinated action of the participants;

(2)  a document indicating the modes of consultation employed and the conclusions drawn, including the reasons offered by the persons and bodies consulted for their agreement or, as the case may be, their objection.

1979, c. 51, s. 7; 1993, c. 3, s. 6; 1999, c. 40, s. 18; 2002, c. 68, s. 52; 2010, c. 10, s. 110; 2023, c. 12, s. 11.

8. For the purposes of this Act, the objectives of an RCM plan include not only the aims that are explicitly set forth in the plan, but also the principles implied by the bringing together of its components.

1979, c. 51, s. 8; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

8.1. (Repealed).

2002, c. 37, s. 1; 2002, c. 68, s. 52; 2003, c. 19, s. 1.

DIVISION III MONITORING OF THE IMPLEMENTATION OF THE RCM PLAN

1979, c. 51, Div. III; 1996, c. 25, s. 3; 2023, c. 12, s. 12.

9. Every regional county municipality must produce, every four years, a regional report containing the following information:

(1)  a status report on land use planning in its territory;

(2)  reporting on the achievement of the targets and the implementation of the policy directions and objectives set out in the RCM plan; and

(3)  the means it intends to use to achieve any target that was not achieved during the period covered by the report.

The Minister shall determine, by regulation, any other information the report must contain.

1979, c. 51, s. 9; 1996, c. 25, s. 3; 2023, c. 12, s. 12.

10. A regional county municipality may request that a municipality whose territory is situated within its territory communicate to the regional county municipality the information and documents the latter considers necessary for the production of its regional report.

1979, c. 51, s. 10; 1996, c. 2, s. 32; 1996, c. 25, s. 3; 2023, c. 12, s. 12.

11. The regional report must be sent to the Minister not later than six months after the end of the period for which it is produced and be published on the website of the regional county municipality.

1979, c. 51, s. 11; 1996, c. 25, s. 3; 2023, c. 12, s. 12.

12. (Repealed).

1979, c. 51, s. 12; 1996, c. 2, s. 33; 1996, c. 25, s. 3.

13. (Repealed).

1979, c. 51, s. 13; 1996, c. 25, s. 3.

14. (Repealed).

1979, c. 51, s. 14; 1996, c. 25, s. 3.

15. (Repealed).

1979, c. 51, s. 15; 1996, c. 2, s. 34; 1996, c. 25, s. 3.

16. (Repealed).

1979, c. 51, s. 16; 1987, c. 23, s. 79; 1994, c. 13, s. 15; 1996, c. 25, s. 3.

17. (Repealed).

1979, c. 51, s. 17; 1996, c. 25, s. 3.

18. (Repealed).

1979, c. 51, s. 18; 1996, c. 2, s. 35; 1996, c. 25, s. 3.

19. (Repealed).

1979, c. 51, s. 19; 1996, c. 2, s. 36; 1996, c. 25, s. 3.

20. (Repealed).

1979, c. 51, s. 20; 1996, c. 25, s. 3.

21. (Repealed).

1979, c. 51, s. 21; 1996, c. 2, s. 68; 1996, c. 25, s. 3.

22. (Repealed).

1979, c. 51, s. 22; 1996, c. 25, s. 3.

23. (Repealed).

1979, c. 51, s. 23; 1985, c. 27, s. 1; 1996, c. 2, s. 37; 1996, c. 25, s. 3.

24. (Repealed).

1979, c. 51, s. 24; 1996, c. 25, s. 3.

DIVISION IV

Repealed, 1996, c. 25, s. 4.

1996, c. 25, s. 4.

25. (Repealed).

1979, c. 51, s. 25; 1987, c. 102, s. 1; 1996, c. 2, s. 38; 1996, c. 25, s. 4.

26. (Repealed).

1979, c. 51, s. 26; 1982, c. 2, s. 55; 1987, c. 102, s. 2; 1996, c. 25, s. 4.

27. (Repealed).

1979, c. 51, s. 27; 1987, c. 23, s. 80; 1994, c. 13, s. 15; 1996, c. 2, s. 68; 1996, c. 25, s. 4.

28. (Repealed).

1979, c. 51, s. 28; 1982, c. 2, s. 56; 1987, c. 102, s. 3; 1996, c. 2, s. 39; 1996, c. 25, s. 4.

29. (Repealed).

1979, c. 51, s. 29; 1987, c. 23, s. 81; 1996, c. 2, s. 40; 1996, c. 25, s. 4.

29.1. (Repealed).

1986, c. 33, s. 1; 1996, c. 25, s. 4.

30. (Repealed).

1979, c. 51, s. 30; 1996, c. 2, s. 41; 1996, c. 25, s. 4.

31. (Repealed).

1979, c. 51, s. 31; 1996, c. 25, s. 4.

CHAPTER I.0.1 EFFECTS, AMENDMENT AND REVISION OF METROPOLITAN PLAN AND RCM PLAN

2010, c. 10, s. 6.

DIVISION I EFFECTS OF METROPOLITAN PLAN OR RCM PLAN

2010, c. 10, s. 7.

§ 1 . — General provision

2010, c. 10, s. 7.

32. A metropolitan plan or RCM plan creates no obligation in respect of the calendar or the terms and conditions of implementation of the public services and infrastructure provided for in the plan.

1979, c. 51, s. 32; 2002, c. 68, s. 52; 2010, c. 10, s. 8.

§ 2 . — Provisions specific to RCM plans

2010, c. 10, s. 9.

33. Every municipality in the regional county municipality is required, within 24 months following the coming into force of the RCM plan, to adopt, for the whole of its territory, a planning program consistent with the objectives of the RCM plan and with the complementary document and to send a copy thereof to every contiguous municipality and to the regional county municipality.

The first paragraph does not apply to the Municipalité de Saint-Benoît-du-Lac or to the Paroisse de Saint-Louis-de-Gonzague-du-Cap-Tourmente.

1979, c. 51, s. 33; 1982, c. 63, s. 71; 1987, c. 102, s. 4; 1996, c. 2, s. 42; 1996, c. 25, s. 5; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

34. Every municipality having a master plan or a planning program is required to amend it, if necessary, to bring it into conformity with the objectives of the RCM plan and with the complementary document within 24 months of the coming into force of the RCM plan.

Where the council of the municipality is of opinion that the master plan or the planning program is consistent with the objectives of the RCM plan and with the complementary document, it shall adopt a resolution indicating that it does not intend to amend it. A copy of the resolution shall be sent, with the plan or program, to every contiguous municipality and to the regional county municipality.

1979, c. 51, s. 34; 1982, c. 2, s. 57; 1982, c. 63, s. 71; 1987, c. 102, s. 5; 1993, c. 3, s. 7; 1996, c. 25, s. 6; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

35. (Repealed).

1979, c. 51, s. 35; 1987, c. 57, s. 662; 1987, c. 102, s. 6.

36. Within 45 days following the sending of the plan or program contemplated in section 33 or 34 or of a by-law contemplated in section 102, the council of the regional county municipality shall examine it and approve it if it is consistent with the objectives of the RCM plan and with the complementary document.

1979, c. 51, s. 36; 1987, c. 102, s. 7; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

37. If, at the expiration of 45 days following the sending of the plan or program contemplated in section 33 or 34 or of a by-law contemplated in section 102, the certificate of conformity has not been issued, the municipality which sent the plan, program or by-law for approval by the council of the regional county municipality may apply to the Commission for an assessment of conformity.

The clerk or clerk-treasurer of the municipality shall notify to the Commission a certified copy of the resolution by which the assessment is requested and of the plan or by-law concerned. He shall notify a certified copy of the resolution to the regional county municipality. The copy notified to the Commission must be received by it within 15 days after the expiry of the time prescribed in the first paragraph.

1979, c. 51, s. 37; 1987, c. 102, s. 8; 1996, c. 25, s. 7; I.N. 2016-01-01 (NCCP); 2021, c. 31, s. 132.

38. Within 45 days following the notification of the application, the Commission must give an assessment based solely on whether or not the plan or program contemplated in section 33 or 34 or the by-law contemplated in section 102 is consistent with the objectives of the RCM plan and with the complementary document.

On the issuance of the assessment, a copy of it shall be sent to the municipality that applied for it and to the regional county municipality.

The assessment of conformity rendered by the Commission is binding in that respect on the interested persons. This assessment may, however, include, but only as indications, the suggestions of the Commission with regard to the manner of ensuring the required conformity.

1979, c. 51, s. 38; 1987, c. 102, s. 9; 2002, c. 68, s. 52; 2010, c. 10, s. 110; I.N. 2016-01-01 (NCCP).

39. If the assessment of the Commission is that the program of the by-law is in conformity with the RCM plan and with the complementary document, the secretary, within 15 days of the date of the assessment of conformity, must issue a certificate of conformity.

1979, c. 51, s. 39; 2002, c. 68, s. 52; 2010, c. 10, s. 10.

40. If, at the expiration of the 15 days provided for in the second paragraph of section 37, the municipality has not applied to the Commission for an assessment or if the Commission’s assessment is that the program or the by-law is not in conformity with the objectives of the RCM plan and with the complementary document, the council of the regional county municipality shall require the municipality to amend the program or the by-law to bring it into the required conformity within such time as it may prescribe, which cannot be less than 45 days.

1979, c. 51, s. 40; 1987, c. 102, s. 10; 1993, c. 3, s. 8; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

41. (Repealed).

1979, c. 51, s. 41; 1993, c. 3, s. 9.

42. If, within the prescribed time, the municipality fails to submit a program prescribed in section 33 or a by-law prescribed in section 102 to the approval of the council of the regional county municipality, the latter shall itself proceed with the program or by-law at the expense of the municipality.

Once adopted by the council of the regional county municipality, the program or the by-law becomes the program or the by-law of the municipality; it is deemed to be approved by the council and to be in conformity with the objectives of the RCM plan and with the complementary document.

A copy of the program or by-law shall be filed in the office of the municipality.

The secretary of the regional county municipality shall publish a notice of the filing in a newspaper circulated in the territory of the municipality.

1979, c. 51, s. 42; 1993, c. 3, s. 10; 2002, c. 68, s. 52; 2003, c. 19, s. 2; 2010, c. 10, s. 11.

43. (Repealed).

1979, c. 51, s. 43; 1987, c. 102, s. 11; 1993, c. 3, s. 11.

44. On the approval or deemed approval of the program or by-law of a municipality under section 36 or under section 42, the secretary shall issue a certificate of conformity in respect of that program or by-law.

A plan, program or by-law contemplated in section 33, 34, 40, 42 or 102 comes into force on the date of issuance of a certificate of conformity in respect thereof, subject to the first paragraph of section 105.

Notice of its coming into force shall be published in a newspaper circulated in the territory of the municipality and forwarded to the Minister of Natural Resources and Wildlife for the purposes of the cadastre. Where the coming into force results from the issuance of a certificate of conformity ending the interim control measures, the notice sent to the Minister of Natural Resources and Wildlife shall mention it.

Where the municipality has not made the amendment contemplated in section 34 since conformity was deemed to exist, the second paragraph does not apply and a notice indicating that a certificate of conformity was issued in respect of such program shall be published in accordance with the third paragraph, with the necessary modifications.

1979, c. 51, s. 44; 1982, c. 2, s. 58; 1987, c. 53, s. 1; 1987, c. 102, s. 12; 1993, c. 3, s. 12; 1994, c. 13, s. 15; 1996, c. 25, s. 8; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2010, c. 10, s. 112.

45. From the date of issuance of the certificate of conformity, the planning program or the by-law referred to in section 102 is deemed to be in conformity with the objectives of the RCM plan and with the complementary document.

1979, c. 51, s. 45; 1982, c. 63, s. 72; 2002, c. 68, s. 52; 2010, c. 10, s. 110; 2023, c. 12, s. 13.

46. A regional county municipality may examine whether public works planned by a municipality whose territory is situated within its territory are advisable given the RCM plan objectives and the provisions of the complementary document. This section does not apply to restoration, remedial or repair work.

As soon as practicable after the adoption of a by-law or a resolution providing for work that may be examined under this section, the clerk or the clerk-treasurer of the municipality shall send a certified copy to the regional county municipality.

2010, c. 10, s. 12; 2021, c. 31, s. 132.

DIVISION II AMENDMENT OF METROPOLITAN PLAN OR RCM PLAN

1993, c. 3, s. 14; 2010, c. 10, s. 13.

§ 1 . — Application

2010, c. 10, s. 14.

47. The council of the responsible body may amend the metropolitan plan or the RCM plan in accordance with the procedure prescribed in this division

1979, c. 51, s. 47; 1990, c. 50, s. 1; 1993, c. 3, s. 15; 2002, c. 68, s. 52; 2010, c. 10, s. 14.

47.1. The provisions of subdivisions 3 and 4 complement the provisions of this subdivision and subdivision 2; however, the latter apply subject to the former.

2010, c. 10, s. 14.

47.2. (Repealed).

2010, c. 10, s. 14; 2017, c. 13, s. 3.

47.3. For the purposes of this division, the following are partner bodies:

(1)  for the purposes of the amendment of a metropolitan plan, every regional county municipality all or part of whose territory is situated within the territory of the metropolitan community and, except with respect to a negative ministerial opinion under section 53.7, every regional county municipality whose territory is contiguous to that of the metropolitan community;

(2)  for the purposes of the amendment of an RCM plan, every municipality whose territory is situated within the territory of the regional county municipality and, except with respect to a negative ministerial opinion under section 53.7, every regional county municipality whose territory is contiguous to that of the regional county municipality; and

(3)  in addition to those referred to in paragraph 2, for the purposes of an RCM plan applicable to part of the territory of a metropolitan community, the metropolitan community.

2010, c. 10, s. 14.

§ 2 . — Process common to metropolitan plan and RCM plan

2010, c. 10, s. 14.

A.  — Draft by-law and notice

2010, c. 10, s. 14.

48. The council of the responsible body shall initiate the amendment process by adopting a draft by-law.

1979, c. 51, s. 48; 1982, c. 63, s. 74; 1985, c. 27, s. 2; 1987, c. 102, s. 13; 1990, c. 50, s. 2; 1993, c. 3, s. 16; 1994, c. 32, s. 1; 1996, c. 25, s. 9; 1997, c. 93, s. 2; 2002, c. 37, s. 2; 2002, c. 68, s. 52; 2010, c. 10, s. 14.

48.1. (Replaced).

1987, c. 23, s. 82; 1990, c. 50, s. 2.

49. As soon as practicable after the adoption of the draft by-law, the secretary shall notify to the Minister, and send to every partner body, a certified copy of the draft by-law and of the resolution adopting it.

1979, c. 51, s. 49; 1987, c. 102, s. 14; 1990, c. 50, s. 2; 1993, c. 3, s. 17; 1995, c. 34, s. 55; 1996, c. 25, s. 10; 2010, c. 10, s. 14; I.N. 2016-01-01 (NCCP).

50. In the interval between the adoption of the draft by-law and the adoption of the by-law, the council of the responsible body may request the Minister’s opinion on the proposed amendment.

The secretary shall notify to the Minister a certified copy of the resolution setting out the request.

The Minister shall notify the responsible body in writing of the date on which the Minister received the copy of the resolution.

1979, c. 51, s. 50; 1990, c. 50, s. 2; 1993, c. 3, s. 18; 2010, c. 10, s. 14; I.N. 2016-01-01 (NCCP).

51. Within 60 days after receiving the copy of a resolution requesting the Minister’s opinion, the Minister shall give an opinion as to the consistency of the proposed amendment with government policy directions.

If the opinion of the Minister raises objections to the proposed amendment, it must include reasons.

The Minister shall notify the opinion to the responsible body.

1979, c. 51, s. 51; 1987, c. 57, s. 663; 1990, c. 50, s. 2; 1993, c. 3, s. 19; 1995, c. 34, s. 56; 1999, c. 40, s. 18; 2001, c. 35, s. 21; 2010, c. 10, s. 14; I.N. 2016-01-01 (NCCP).

52. The council of a partner body may, within 45 days after it is sent documents in accordance with section 49, give its opinion on the draft by-law. The secretary of the partner body shall send the responsible body a certified copy of the resolution stating the opinion within the same period.

However, the council of the responsible body may, by a unanimous resolution, change the period prescribed in the first paragraph; the period set by the council may not, however, be less than 20 days. As soon as practicable after the passage of the resolution, the secretary shall send a certified copy of the resolution to every partner body.

1979, c. 51, s. 52; 1990, c. 50, s. 2; 2010, c. 10, s. 14.

B.  — Public consultation

2010, c. 10, s. 14.

53. A responsible body must hold at least one public meeting in its territory.

The responsible body must also hold a public meeting in the territory of every municipality whose representative on the council so requests during the sitting at which the draft by-law is adopted.

It must also hold a public meeting in the territory, situated within its own territory, of every partner body whose council so requests within 20 days after it is sent a copy of the draft by-law and of the resolution under section 49. A certified copy of the resolution setting out the request must be sent to the responsible body within the same period.

For the purposes of the second and third paragraphs, if the sittings of the council of a municipality are held in the territory of another municipality, that territory is deemed to be the territory of the first municipality and, if applicable, to be situated within the territory of the responsible body.

1979, c. 51, s. 53; 1982, c. 2, s. 59; 1987, c. 57, s. 664; 1990, c. 50, s. 2; 1993, c. 3, s. 21; 1996, c. 25, s. 11; 2010, c. 10, s. 14.

53.1. The public meetings held by the responsible body shall be conducted by a committee established by the council, composed of the council members it designates and presided over by the senior officer or another committee member designated by the senior officer.

1990, c. 50, s. 2; 1993, c. 3, s. 22; 2003, c. 19, s. 3; 2010, c. 10, s. 14.

53.2. The council of the responsible body shall identify any municipality in whose territory a public meeting must be held.

It shall set the date, time and place of any public meeting; it may delegate all or part of that power to the secretary.

1990, c. 50, s. 2; 1993, c. 3, s. 22; 2010, c. 10, s. 14.

53.3. Not later than 15 days before a public meeting is held, the secretary shall publish a notice of the date, time and place and the purpose of the meeting in a newspaper circulated in the territory of the responsible body.

The notice must contain a summary of the documents referred to in sections 49 and 53.11.2 or 53.11.4, describing the main effects of the proposed amendment on the territory concerned.

Every meeting concerns the whole territory of the responsible body, unless meetings are planned in all the local municipal territories situated within the territory of the responsible body, or unless the responsible body, in its decision under the first paragraph of section 53.2, specifically identified the local municipal territories that each meeting concerns, so as to ensure that no territory is overlooked.

If all the meetings concern the whole territory of the responsible body, the secretary may give a single notice for all of them not later than 15 days before the first meeting is held.

If the council of the responsible body so chooses, the summary, rather than being included in the notice provided for in the first paragraph, may be mailed or distributed to every address in the territory concerned not later than 15 days before the first or only meeting is held. In that case, a notice of the date, time and place and the purpose of every meeting planned shall be enclosed with the summary.

Every notice must mention that a copy of the documents referred to in sections 49 and 53.11.2 or 53.11.4 and of the summary of those documents may be consulted at the office of the responsible body and, if applicable, at the office of every partner body.

1990, c. 50, s. 2; 1993, c. 3, s. 23; 2010, c. 10, s. 14.

53.4. At a public meeting, the committee shall explain the proposed amendment and its effects, if any, on municipal plans and by-laws or on the RCM plans.

The committee shall hear the persons and organizations wishing to be heard.

1990, c. 50, s. 2; 1993, c. 3, s. 24; 2010, c. 10, s. 14.

C.  — Passage of by-law and ministerial opinion

2010, c. 10, s. 14.

53.5. After the consultation period concerning the draft by-law, the council of the responsible body shall adopt a by-law to amend the metropolitan plan or the RCM plan, with or without changes.

However, the by-law may not be adopted before the later of

(1)  the day after the day on which the last of the Minister and the partner bodies that were sent the documents referred to in sections 49 and 53.11.2 or 53.11.4 gives an opinion on the documents or the day after the last day of the allotted period; and

(2)  the day after the public meeting, or the last of the public meetings, is held or the day after the last day of the period prescribed in the third paragraph of section 53.

1990, c. 50, s. 2; 1993, c. 3, s. 25; 1997, c. 93, s. 3; 2010, c. 10, s. 14.

53.6. As soon as practicable after the adoption of the by-law amending the metropolitan plan or the RCM plan, the secretary shall notify to the Minister, and send to every partner body, a certified copy of the by-law and of the resolution adopting it.

The Minister shall notify the responsible body in writing of the date on which the Minister received the copy of the by-law.

1990, c. 50, s. 2; 1993, c. 3, s. 26; 1995, c. 34, s. 57; 2010, c. 10, s. 14; I.N. 2016-01-01 (NCCP).

53.7. Within 60 days after receiving the copy of the by-law amending the metropolitan plan or the RCM plan, the Minister shall give an opinion as to the consistency of the amendment with government policy directions. If, under the fifth paragraph of section 5, the amending by-law delimits a mining incompatible territory within the meaning of section 304.1.1 of the Mining Act (chapter M-13.1) or modifies the boundaries of such a territory, the Minister’s opinion must state that the proposed amendment is inconsistent with government policy directions if the Minister has received from the Minister of Natural Resources and Wildlife an opinion, with reasons, stating that the proposed amendment is inconsistent with a government policy direction drawn up for the purpose of establishing such a territory. The opinion of the Minister of Natural Resources and Wildlife must be received by the Minister not later than the 30th day after the day the latter requested the former’s opinion in accordance with section 267.

If the opinion states that the proposed amendment is not consistent with government policy directions, it must include reasons. In that case, the Minister may, in the opinion, require the responsible body to replace the by-law.

The Minister shall notify the opinion to the responsible body. If the opinion states that the proposed amendment is not consistent with government policy directions, the Minister shall send a copy to every partner body.

The Minister must refuse to give an opinion where a responsible body has failed to amend or revise its metropolitan plan or RCM plan to comply with a ministerial request under this chapter, except if the proposed amendment

(1)  has the effect of remedying any of the causes of the failure referred to in this paragraph or if not making the amendment would cause such a failure;

(2)  is necessary, in the Minister’s opinion, for a government intervention to be made or a priority project to be carried out or for reasons of public safety, public health or environmental protection; or

(3)  is a concordance amendment to the metropolitan plan, in the case of an RCM plan that concerns part of the territory of a metropolitan community.

The fourth paragraph applies to a regional county municipality that has failed to amend a by-law referred to in section 79.2 to comply with a ministerial request under subdivision 5 of Division I of Chapter II.1.

If the Minister refuses to give an opinion under the fourth or fifth paragraph, the Minister shall notify a notice to the responsible body that identifies the cause of the failure.

1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3; 2010, c. 10, s. 14; 2013, c. 32, s. 117; I.N. 2016-01-01 (NCCP); 2016, c. 35, s. 23; 2022, c. 10, s. 4; 2023, c. 12, s. 14.

53.8. If the opinion of the Minister states that the proposed amendment is not consistent with government policy directions, the council of the responsible body may replace the by-law amending the metropolitan plan or the RCM plan with another which is consistent with those policy directions.

Sections 48 to 53.4 do not apply to a new by-law that differs from the by-law it replaces only so as to take account of the Minister’s opinion.

1990, c. 50, s. 2; 1993, c. 3, s. 28; 2010, c. 10, s. 14.

53.9. The by-law amending the metropolitan plan or the RCM plan comes into force on the day the Minister notifies an opinion to the responsible body declaring that the by-law is consistent with government policy directions or, in the absence of an opinion, at the expiry of the period prescribed in section 53.7.

The first paragraph does not apply if the responsible body has failed to act under the fourth or fifth paragraph of section 53.7.

1990, c. 50, s. 2; 1993, c. 3, s. 29; 2010, c. 10, s. 14; I.N. 2016-01-01 (NCCP); 2023, c. 12, s. 15.

53.10. The council of the responsible body may, by resolution, request that the secretary notify the by-law to the Minister again once the responsible body has remedied the failure referred to in the fourth or fifth paragraph of section 53.7. Section 53.6 applies to that notification, with the necessary modifications.

1990, c. 50, s. 2; 1993, c. 3, s. 30; 1994, c. 32, s. 2; 2002, c. 37, s. 4; 2010, c. 10, s. 15; 2023, c. 12, s. 16.

53.11. As soon as practicable after the coming into force of the by-law amending the metropolitan plan or the RCM plan, the secretary shall publish a notice of the date of coming into force in a newspaper circulated in the territory of the responsible body. At the same time, the secretary shall send a certified copy of the by-law to every partner body.

1990, c. 50, s. 2; 1995, c. 34, s. 59; 2003, c. 19, s. 4; 2010, c. 10, s. 16.

§ 3 . — Provisions specific to metropolitan plan

2010, c. 10, s. 16.

53.11.1. The public meetings held by the Communauté métropolitaine de Montréal and the Communauté métropolitaine de Québec may be conducted by a committee established under section 50 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01) or section 41 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02), respectively.

2010, c. 10, s. 16.

53.11.2. When the council of a metropolitan community adopts a draft by-law amending its metropolitan plan, it shall also adopt a document specifying the nature of the amendments a regional county municipality will be required to make to the RCM plan should the metropolitan plan be so amended. A certified copy of the document shall be notified to the Minister and sent to every partner body at the same time as the draft by-law.

After the coming into force of the by-law- amending the metropolitan plan, the council shall adopt a document specifying the nature of the amendments a regional county municipality will actually be required to make to take account of the amendment of the metropolitan plan. A certified copy of the document shall be sent to every partner body at the same time as the by-law.

The council may adopt the document described in the second paragraph by reference to the document adopted under the first paragraph.

2010, c. 10, s. 16; I.N. 2016-01-01 (NCCP).

53.11.3. The decision to adopt the by-law amending the metropolitan plan must be made by a two-thirds majority of the votes cast.

In the case of the Communauté métropolitaine de Québec, the majority must also include a majority of the votes cast by the representatives of Ville de Lévis and a majority of the votes cast by all the representatives of Municipalité régionale de comté de L’Île-d’Orléans, Municipalité régionale de comté de La Côte-de-Beaupré and Municipalité régionale de comté de La Jacques-Cartier.

2010, c. 10, s. 16.

§ 4 . — Provisions specific to RCM plan

2010, c. 10, s. 16.

A.  — Provisions applicable to all RCM plans

2010, c. 10, s. 16.

53.11.4. When the council of a regional county municipality adopts a draft by-law amending its RCM plan, it shall also adopt a document specifying the nature of the amendments a municipality will be required to make to its planning program and to any of its planning by-laws. The document must also specify any planning by-law it will be required to adopt. A certified copy of the document shall be notified to the Minister and sent to every partner body at the same time as the draft by-law.

After the coming into force of the by-law amending the RCM plan, the council shall adopt a document specifying the nature of the amendments a municipality will actually be required to make and any planning by-law it will actually be required to adopt to take account of the amendment to the RCM plan. A certified copy of the document shall be sent to every partner body at the same time as the by-law.

The council may adopt the document described in the second paragraph by reference to the document adopted under the first paragraph.

2010, c. 10, s. 16; I.N. 2016-01-01 (NCCP); 2021, c. 10, s. 81; 2023, c. 12, s. 17.

53.11.5. In the case of the amendment of an RCM plan, if the territory of the regional county municipality includes an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the ministerial opinion as to consistency with government policy directions required under section 51 or 53.7 shall include the guidelines relating to the objectives set out in the third paragraph of section 5. It shall also indicate the parameters to serve in determining separation distances to reduce the inconvenience caused by odours from certain agricultural activities.

2010, c. 10, s. 16; 2023, c. 12, s. 18.

53.11.6. For the purposes of section 53.3, in the case of a regional county municipality, the secretary shall also have a copy of the notice posted in the office of every municipality whose territory is situated within the territory concerned not later than the time prescribed in that section.

2010, c. 10, s. 16.

B.  — Provisions applicable in metropolitan territories

2010, c. 10, s. 16.

53.11.7. If the by-law amending the RCM plan concerns part of the territory of a metropolitan community, the council of the metropolitan community must, within 60 days after the copy of the by-law is sent, approve the by-law if it is in conformity with the metropolitan plan or withhold approval if it is not.

The council must refuse to give its opinion if the regional county municipality has failed to make a concordance amendment to its RCM plan, except if the proposed amendment

(1)  is a concordance amendment that is a cause of the failure referred to in this paragraph or if not making the amendment would cause such a failure;

(2)  is necessary, in the metropolitan community’s opinion, to enable a government intervention or for reasons of public safety, public health or environmental protection; or

(3)  is made to comply with a ministerial request provided for in subdivision 5.

A resolution by which the council withholds approval of the by-law must include reasons and specify which provisions of the by-law are not in conformity with the metropolitan plan. A resolution by which the council refuses to give an opinion must identify the concordance amendments the regional county municipality has failed to make.

As soon as practicable after the passage of the resolution by which the community council approves the by-law, withholds approval or refuses to give an opinion, the secretary of the metropolitan community shall, in the first case, issue a certificate of conformity in respect of the by-law and send a certified copy of the certificate to the regional county municipality or, in the other cases, send the regional county municipality a certified copy of the resolution

If the council of the metropolitan community does not resolve to approve or withhold approval of the by-law within the period prescribed in the first paragraph, the by-law is deemed to be in conformity with the metropolitan plan. This paragraph does not apply if the regional county municipality has failed to act under the second paragraph.

2010, c. 10, s. 16; 2023, c. 12, s. 19.

53.11.7.1. The council of the regional county municipality may, by resolution, request that the secretary notify the by-law to the metropolitan community again once the regional county municipality has remedied the failure referred to in the second paragraph of section 53.11.7. Section 53.6 applies to that notification, with the necessary modifications.

2023, c. 12, s. 20.

53.11.8. If the council of the metropolitan community withholds approval of the by-law, the council of the regional county municipality may apply to the Commission for an assessment of the conformity of the by-law with the metropolitan plan.

The secretary of the regional county municipality shall notify a certified copy of the resolution requesting the assessment and of the by-law concerned to the Commission and to the metropolitan community.

The copies sent to the Commission must be received within 45 days after a copy of the resolution withholding approval of the by-law is sent to the regional county municipality.

2010, c. 10, s. 16; I.N. 2016-01-01 (NCCP).

53.11.9. If the council of the metropolitan community withholds approval of the by-law, the council of the regional county municipality may, instead of applying for an assessment of the Commission, adopt

(1)  a single by-law containing only the elements of the original by-law that did not cause approval to be withheld; or

(2)  both a by-law containing only the elements of the original by-law that did not cause approval to be withheld and another by-law containing only the elements of the original by-law that caused approval to be withheld.

Sections 48 to 53.4 do not apply to a by-law adopted under the first paragraph.

If the council of the regional county municipality adopts a by-law containing only the elements that caused approval to be withheld, it may apply to the Commission for an assessment of the conformity of that by-law with the metropolitan plan. A certified copy of the resolution requesting the assessment and of the by-law concerned must be received by the Commission within 15 days after the by-law is adopted.

2010, c. 10, s. 16.

53.11.10. The Commission must give its assessment within 60 days after receiving a copy of the resolution requesting the assessment.

An assessment stating that the by-law is not in conformity with the metropolitan plan may include suggestions of the Commission on how to ensure such conformity.

The secretary of the Commission shall send a copy of the assessment to the regional county municipality and to the metropolitan community.

If the assessment states that the by-law is in conformity with the metropolitan plan, the secretary of the metropolitan community shall, as soon as practicable after receiving a copy of the assessment, issue a certificate of conformity in respect of the by-law and send a certified copy of the certificate to the regional county municipality.

2010, c. 10, s. 16.

53.11.11. Where the regional county municipality is required to amend its RCM plan under section 58 or 58.1, if the assessment of the Commission states that the by-law is not in conformity with the metropolitan plan or if the Commission did not receive an application for assessment in respect of the by-law within the period prescribed in section 53.11.8, the council of the metropolitan community shall request that the regional county municipality replace the by-law within the period it prescribes by another by-law that is in conformity with the metropolitan plan.

As soon as practicable after the passage by the council of the metropolitan community of the resolution requesting the replacement of the by-law, the secretary of the metropolitan community shall send a certified copy of the resolution to the regional county municipality.

The period prescribed for replacement of the by-law may not end before the expiry of a period of 45 days after the copy of the resolution is sent under the second paragraph.

2010, c. 10, s. 16.

53.11.12. Sections 48 to 53.4 do not apply to a new by-law that differs from the by-law it replaces only so as to ensure its conformity with the metropolitan plan.

2010, c. 10, s. 16.

53.11.13. If the council of a regional county municipality fails to adopt a by-law amending its RCM plan within the period prescribed in section 58 or 58.1 or in section 53.11.11, as the case may be, the council of the metropolitan community may adopt the by-law in its place.

Sections 48 to 53.4 and 53.11.7 to 53.11.12 do not apply to a by-law adopted by the council of the metropolitan community under the first paragraph, which is deemed to be a by-law adopted by the council of the regional county municipality and approved by the council of the metropolitan community. As soon as practicable after the adoption of the by-law, the secretary of the metropolitan community shall issue a certificate of conformity in respect of the by-law.

As soon as practicable after the by-law is adopted and the certificate is issued, the secretary of the metropolitan community shall send the regional county municipality a certified copy of the by-law, of the resolution adopting it and of the certificate. The certified copy of the by-law sent to the regional county municipality stands in lieu of the original when the regional county municipality itself issues certified copies of the by-law.

The expenses incurred by the metropolitan community to act in the place of the regional county municipality are reimbursed by the regional county municipality.

2010, c. 10, s. 16.

53.11.14. The by-law amending the RCM plan comes into force either on the date determined under section 53.9 or the date on which the certificate of conformity in respect of the by-law is issued, whichever is later. The by-law is deemed to be in conformity with the metropolitan plan.

2010, c. 10, s. 16.

§ 5 . — Ministerial requests

2010, c. 10, s. 16.

53.12. The Minister may request that a responsible body amend a metropolitan plan or an RCM plan if the Minister considers it warranted

(1)  to ensure, after the adoption of new government policy directions, that the plan is consistent with them;

(2)  to follow up on a regional or metropolitan report indicating that a target has not been achieved; or

(3)  to improve public safety.

The Minister shall notify an opinion to the responsible body specifying the amendments that must be made to the metropolitan plan or the RCM plan.

The opinion must also indicate any interim control measure the body must take and the time limit for adopting it, unless the Minister considers such a requirement is not necessary. An interim control by-law referred to in this paragraph may be repealed only with the Minister’s approval.

The council of the responsible body must, within six months after notification of the Minister’s opinion, adopt a by-law amending its metropolitan plan or RCM plan to comply with the opinion. If the Minister requests that both a metropolitan plan and an RCM plan applicable to part of the territory of the metropolitan community concerned be amended, with respect to the same object, the time limit applicable with respect to the by-law amending the RCM plan begins to run on the day of coming into force of the by-law amending the metropolitan plan.

Sections 48 to 53.4 do not apply with respect to a by-law that makes only the amendments necessary to comply with a request referred to in subparagraph 1 of the first paragraph that relates to a land use plan for the lands in the domain of the State or in subparagraph 3 of that paragraph.

For the purposes of sections 53.7 to 53.9, the Minister’s opinion is also based on the by-law’s consistency with the request made by the Minister.

If the council of the responsible body fails to adopt, within the prescribed time, a by-law requested by the Minister, including as regards interim control, the Minister may make it. Such a by-law is deemed to have been adopted by the council. The Minister shall, as soon as practicable after making the by-law, send a copy of it to the responsible body. The by-law comes into force on the date determined by the Minister.

The council of a responsible body that is of the opinion that its metropolitan plan or RCM plan already complies with the request and has notified a resolution to that effect to the Minister has not failed to adopt a by-law requested by the Minister in accordance with subparagraph 1 of the first paragraph.

If the Minister disagrees with the opinion given in the resolution sent to the Minister, the Minister may make a new amendment request to the responsible body specifying the amendments that must be made to the metropolitan plan or the RCM plan. The eighth paragraph does not apply to such a request.

1990, c. 50, s. 2; 1993, c. 3, s. 31; 1996, c. 25, s. 12; 1999, c. 40, s. 18; 2002, c. 37, s. 5; 2010, c. 10, s. 16; I.N. 2016-01-01 (NCCP); 2023, c. 12, s. 21.

53.13. The Minister of Sustainable Development, Environment and Parks may, by way of an opinion giving brief reasons and setting out the nature and purpose of the amendments to be made, request the amendment of the metropolitan plan or the RCM plan in force if the Minister is of the opinion that the metropolitan plan or the RCM plan, considering the distinctive features of the locality, fails to provide adequate protection for wetlands and bodies of water.

The third, fourth, sixth and seventh paragraphs of section 53.12 apply to a request made in accordance with the first paragraph, except that, in the case of the by-law provided for in the seventh paragraph of that section, the by-law is made by the Minister of Sustainable Development, Environment and Parks. Sections 48 to 53.4 do not apply with respect to a by-law that makes only the amendments necessary to comply with such a request.

2002, c. 37, s. 6; 2006, c. 3, s. 35; 2010, c. 10, s. 16; 2017, c. 14, s. 41; 2021, c. 7, s. 5; 2023, c. 12, s. 22.

53.14. (Repealed).

2004, c. 20, s. 3; 2010, c. 10, s. 16; 2023, c. 12, s. 23.

DIVISION III REVISION OF METROPOLITAN PLAN OR RCM PLAN

1993, c. 3, s. 32; 2010, c. 10, s. 17.

§ 1 . — Application

2010, c. 10, s. 18.

53.15. The special provisions of subdivisions 3 and 4 complement the provisions of this subdivision and subdivision 2; however, the latter apply subject to the former.

2010, c. 10, s. 18.

53.16. (Repealed).

2010, c. 10, s. 18; 2017, c. 13, s. 3.

53.17. For the purposes of this division, the following are partner bodies:

(1)  for the purposes of the revision of a metropolitan plan, every regional county municipality all or part of whose territory is situated within the territory of the metropolitan community and every regional county municipality whose territory is contiguous to the territory of the metropolitan community;

(2)  for the purposes of the revision of an RCM plan, every municipality whose territory is situated within the territory of the regional county municipality and every regional county municipality whose territory is contiguous to the territory of the regional county municipality, as well as every school service centre or school board all or part of whose territory is situated within the territory of the regional county municipality, except with respect to the sending of a copy of a resolution determining the date on which the revision begins, a copy of the by-law adopting the revised RCM plan, the ministerial opinion as to consistency with government policy directions and the notice of coming into force; and

(3)  in addition to those referred to in paragraph 2, for the purposes of an RCM plan applicable to part of the territory of a metropolitan community, the metropolitan community.

2010, c. 10, s. 18; 2020, c. 1, s. 310.

53.18. For the purposes of this division, the council of a school board is the council of commissioners of the school board.

2010, c. 10, s. 18.

§ 2 . — Process common to metropolitan plan and RCM plan

2010, c. 10, s. 18.

A.  — Revision of metropolitan plan or RCM plan

2010, c. 10, s. 18; 2023, c. 12, s. 24.

54. The council of the responsible body may revise the metropolitan plan or RCM plan according to the process set out in this division.

It must notify the Minister and every partner body of its intention to undertake the revision process.

1979, c. 51, s. 54; 1993, c. 3, s. 32; 2002, c. 68, s. 52; 2010, c. 10, s. 18; 2023, c. 12, s. 24.

55. (Replaced).

1979, c. 51, s. 55; 1990, c. 50, s. 3; 1993, c. 3, s. 32; 1996, c. 25, s. 13; 2010, c. 10, s. 18; I.N. 2016-01-01 (NCCP); 2023, c. 12, s. 24.

56. (Repealed).

1979, c. 51, s. 56; 1990, c. 50, s. 4; 1993, c. 3, s. 32; 1996, c. 25, s. 14.

56.1. (Repealed).

1993, c. 3, s. 32; 1996, c. 25, s. 15; 1999, c. 40, s. 18; 2003, c. 19, s. 5; 2010, c. 10, s. 19.

56.2. (Repealed).

1993, c. 3, s. 32; 2003, c. 19, s. 6; 2010, c. 10, s. 19.

B.  — Adoption of first draft of revised metropolitan plan or RCM plan

2010, c. 10, s. 20.

56.3. The council of the responsible body shall adopt a first draft of the revised metropolitan plan or RCM plan, designated as the “first draft”.

As soon as practicable after the adoption of the first draft, the secretary shall notify to the Minister, and send to every partner body, a certified copy of the draft and of the resolution adopting it.

The Minister shall notify the responsible body in writing of the date on which the Minister received the copy of the first draft.

1993, c. 3, s. 32; 1996, c. 25, s. 16; 1997, c. 93, s. 4; 2002, c. 68, s. 52; 2003, c. 19, s. 7; 2010, c. 10, s. 20; I.N. 2016-01-01 (NCCP); 2023, c. 12, s. 25.

56.4. Within 120 days after receiving a copy of the first draft of the revised RCM plan or within 180 days after receiving a copy of the first draft of the revised metropolitan plan, the Minister shall notify to the responsible body an opinion stating the government policy directions that concern its territory.

The opinion may also mention any objections to the first draft in view of the stated policy directions, giving reasons.

1993, c. 3, s. 32; 1996, c. 25, s. 17; 1996, c. 26, s. 66; 1999, c. 40, s. 18; 2010, c. 10, s. 20; I.N. 2016-01-01 (NCCP).

56.5. The council of any partner body may give its opinion on the first draft.

The opinion shall be given by means of a resolution, of which a certified copy must be sent to the responsible body within 120 days after copies of the first draft and of the resolution are sent to the partner body under the second paragraph of section 56.3.

1993, c. 3, s. 32; 2003, c. 19, s. 8; 2010, c. 10, s. 20.

C.  — Adoption of second draft of revised metropolitan plan or RCM plan

2010, c. 10, s. 20.

56.6. After the consultation period on the first draft, the council of the responsible body shall adopt, with or without changes, a second draft of the revised metropolitan plan or RCM plan for public consultation, designated as the “second draft”. However, if the Minister, in accordance with section 56.4, has notified to the responsible body an opinion mentioning objections to the first draft, the second draft must contain all the changes needed to remove the reasons for the objections.

However, the second draft may not be adopted before the day after the day on which the last of the Minister and all the partner bodies that were sent the first draft gives an opinion on the first draft or the day after the last day of the allotted period

As soon as practicable after the adoption of the second draft, the secretary shall send a certified copy of the second draft and of the resolution adopting it to every partner body.

1993, c. 3, s. 32; 1996, c. 25, s. 18; 1997, c. 93, s. 5; 2002, c. 68, s. 52; 2003, c. 19, s. 9; 2010, c. 10, s. 20; I.N. 2016-01-01 (NCCP).

56.7. The council of any partner body may give its opinion on the second draft

The opinion shall be given by means of a resolution, of which a certified copy must be sent to the responsible body within 120 days after copies of the second draft and of the resolution are sent to the partner body under the third paragraph of section 56.6.

1993, c. 3, s. 32; 2003, c. 19, s. 10; 2010, c. 10, s. 20.

D.  — Public consultation

2010, c. 10, s. 20.

56.8. The responsible body must, in accordance with the applicable section from among sections 56.12.5 to 56.12.8, hold at least one public meeting on the second draft.

1993, c. 3, s. 32; 2010, c. 10, s. 20.

56.9. The public meetings held by the responsible body shall be conducted by a committee established by the council, composed of the council members it designates and presided over by the senior officer or another committee member designated by the senior officer.

1993, c. 3, s. 32; 2003, c. 19, s. 11; 2010, c. 10, s. 20.

56.10. The council of the responsible body shall set the date, time and place of every public meeting.

However, it may delegate all or part of that power to the secretary.

1993, c. 3, s. 32; 2010, c. 10, s. 20.

56.11. Not later than 30 days before a public meeting is held, the secretary shall publish a notice of the date, time and place and the purpose of the meeting in a newspaper circulated in the territory of the responsible body.

The notice must contain a summary describing the main effects of the second draft on the territory concerned.

If all the meetings concern the whole territory of the responsible body, the secretary may give a single notice for all of them not later than 30 days before the first meeting is held.

If the council of the responsible body so chooses, the summary, rather than being included in the notice provided for in the first paragraph, may be mailed or distributed to every address in the territory concerned not later than 30 days before the first or only meeting is held. In that case, a notice of the date, time and place and the purpose of every meeting planned shall be enclosed with the summary.

Every notice must mention that a copy of the second draft and of the summary may be consulted at the office of the responsible body and at the office of every partner body.

1993, c. 3, s. 32; 2010, c. 10, s. 20.

56.12. At a public meeting, the commission shall explain the second draft and hear the persons and organizations wishing to be heard.

1993, c. 3, s. 32; 2010, c. 10, s. 20.

56.12.1. In the case of a metropolitan community, a public meeting referred to in section 56.11 concerns the territory referred to or described in any of paragraphs 1 to 5 of section 56.12.6 or any of paragraphs 1 to 5 of section 56.12.7, as applicable.

2010, c. 10, s. 20.

56.12.2. Despite section 56.9, the public meetings held by the Communauté métropolitaine de Montréal and the Communauté métropolitaine de Québec may be conducted by a committee established under section 50 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01) or section 41 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02), respectively.

2010, c. 10, s. 20.

56.12.3. In the case of a regional county municipality, the secretary shall also have a copy of the notice required under the first paragraph of section 56.11 posted in the office of every municipality whose territory the meeting concerns not later than the time prescribed in that section.

2010, c. 10, s. 20.

56.12.4. In the case of a regional county municipality, every public meeting referred to in section 56.11 concerns the whole territory of the regional county municipality, unless meetings are planned in all the local municipal territories situated within the territory of the regional county municipality, or unless the regional county municipality, in its decision under section 56.12.5, specifically identified the local municipal territories that each meeting concerns, so as to ensure that no territory is overlooked.

2010, c. 10, s. 20.

56.12.5. The council of a responsible body to which any of sections 56.12.6 to 56.12.8 applies shall identify every municipality in whose territory a public meeting must be held in accordance with the applicable section from among those provisions.

2010, c. 10, s. 20.

56.12.6. The Communauté métropolitaine de Montréal must hold a public meeting in

(1)  the urban agglomeration of Montréal;

(2)  the urban agglomeration of Longueuil;

(3)  the territory of Ville de Laval;

(4)  the part of the territory of the metropolitan community that is made up of the territory of Ville de Mirabel and the territories of the municipalities listed in Schedule I to the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01) that are situated within the territories of the regional county municipalities listed in Schedule III to that Act; and

(5)  the part of the territory of the metropolitan community that is made up of the territories of the municipalities listed in Schedule I to the Act respecting the Communauté métropolitaine de Montréal that are situated within the territories of the regional county municipalities listed in Schedule IV to that Act.

2010, c. 10, s. 20.

56.12.7. The Communauté métropolitaine de Québec must hold a public meeting in

(1)  the urban agglomeration of Québec;

(2)  the territory of Ville de Lévis;

(3)  the territory of Municipalité régionale de comté de L’Île-d’Orléans;

(4)  the territory of Municipalité régionale de comté de La Côte-de-Beaupré; and

(5)  the territory of Municipalité régionale de comté de La Jacques-Cartier.

2010, c. 10, s. 20.

56.12.8. A regional county municipality must hold at least one public meeting in its territory.

The regional county municipality must also hold a public meeting in the territory of every municipality whose representative on the council so requests during the sitting at which the second draft is adopted.

It must also hold a public meeting in the territory, situated within its own territory, of every other municipality whose council so requests within 20 days after it is sent a copy of the draft. A certified copy of the resolution setting out the request must be sent to the regional county municipality within the same period.

For the purposes of the second and third paragraphs, if the sittings of the council of a municipality are held in the territory of another municipality, that territory is deemed to be the territory of the first municipality and, if applicable, to be situated within the territory of the regional county municipality.

The population of the municipality in whose territory the meeting is held or the total population of the municipalities in whose territories meetings are held must make up at least two thirds of the population of the regional county municipality.

2010, c. 10, s. 20.

E.  — Adoption and coming into force of a revised metropolitan plan or RCM plan

2010, c. 10, s. 20.

56.13. After the consultation period concerning the draft, the council of the responsible body shall adopt a by-law establishing a revised metropolitan plan or RCM plan, with or without changes.

However, the by-law may not be adopted before the later of

(1)  the day after the day on which the last of the Minister and the partner bodies that were sent the draft by-law gives an opinion on the draft by-law sent or the day after the last day of the allotted period; and

(2)  the day after the public meeting, or the last of the public meetings, is held.

As soon as practicable after the adoption of the by-law establishing the revised metropolitan plan or RCM plan, the secretary shall notify to the Minister, and send to every partner body, a certified copy of the by-law and of the resolution adopting it

The Minister shall notify the responsible body in writing of the date on which the Minister received the copies of the by-law and of the resolution.

1993, c. 3, s. 32; 1996, c. 25, s. 19; 1997, c. 93, s. 6; 2003, c. 19, s. 12; 2010, c. 10, s. 20; I.N. 2016-01-01 (NCCP).

56.14. Within 120 days after receiving a copy of the by-law establishing the revised RCM plan or within 180 days after receiving a copy of the by-law establishing the revised metropolitan plan, the Minister shall give an opinion as to the consistency of the revised metropolitan plan or RCM plan with government policy directions.

The opinion stating that the by-law establishing the revised metropolitan plan or RCM plan is not consistent with the policy directions must include reasons. In that case, the Minister shall, in the opinion, request that the responsible body replace the by-law.

The Minister shall notify the opinion to the responsible body. If the opinion states that the by-law establishing the revised metropolitan plan or RCM plan is not consistent with government policy directions, the Minister shall send a copy to every partner body.

1993, c. 3, s. 32; 1996, c. 25, s. 20; 1999, c. 40, s. 18; 2001, c. 35, s. 23; 2002, c. 37, s. 7; 2010, c. 10, s. 20; I.N. 2016-01-01 (NCCP).

56.15. If the opinion of the Minister states that the by-law establishing the revised metropolitan plan or RCM plan is not consistent with government policy directions, the council of the responsible body must, within 120 days after notification of the opinion, replace the by-law with another establishing a revised metropolitan plan or RCM plan that is consistent with those policy directions.

Sections 56.3 to 56.12 do not apply to the new by-law if the revised metropolitan plan or RCM plan it establishes differs from the plan it replaces only so as to take account of the Minister’s opinion.

If, in accordance with section 239, the Minister extends the period prescribed in the first paragraph of this section or gives the responsible body additional time to replace the by-law establishing the revised metropolitan plan or RCM plan, the Minister may give a new opinion, in accordance with section 56.14, despite the expiry of the period prescribed in that section. In that case, the council must replace the by-law establishing the revised metropolitan plan or RCM plan by a new one which takes account of the new opinion, before the end of the later of

(1)  the one hundred and twentieth day after notification of the new opinion;

(2)  the last day of the period determined by having the extension period or additional time granted by the Minister begin on the date of notification of the new opinion.

1993, c. 3, s. 32; 1997, c. 93, s. 7; 2010, c. 10, s. 20; I.N. 2016-01-01 (NCCP).

56.16. If, on the expiry of the period applicable under section 56.15, the council of the responsible body has not adopted a by-law establishing a new revised metropolitan plan or RCM plan, the Government may, by order, amend the revised metropolitan plan or RCM plan on which the Minister gave an opinion to ensure that it is consistent with government policy directions.

If, before the expiry of that period, the council adopts a by-law establishing a new revised metropolitan plan or RCM plan that is still inconsistent with government policy directions, the Minister may either again require the responsible body to replace the revised metropolitan plan or RCM plan, or recommend that the Government exercise its power under the first paragraph.

The metropolitan plan or RCM plan, as amended by the Government, is deemed to be a revised metropolitan plan or RCM plan adopted in its entirety by a by-law of the council of the responsible body.

As soon as practicable after the order is made, the Minister shall notify a copy to the responsible body. The copy of the order shall stand in lieu of the original for the purpose of issuing certified copies of the revised metropolitan plan or RCM plan.

1993, c. 3, s. 32; 2002, c. 37, s. 8; 2010, c. 10, s. 20; I.N. 2016-01-01 (NCCP).

56.17. The revised metropolitan plan or RCM plan comes into force on the day of notification to the responsible body of the Minister’s opinion stating that the plan is consistent with government policy directions or, if the Minister did not give an opinion within the prescribed period, on the expiry of that period.

However, a revised metropolitan plan or RCM plan amended by the Government comes into force on the date specified in the order made under section 56.16.

1993, c. 3, s. 32; 2010, c. 10, s. 20; I.N. 2016-01-01 (NCCP).

56.18. As soon as practicable after the coming into force of the revised metropolitan plan or RCM plan, the secretary shall publish a notice of the date of coming into force in a newspaper circulated in the territory of the responsible body.

At the same time, the secretary shall send a certified copy of the revised metropolitan plan or RCM plan to every partner body.

1993, c. 3, s. 32; 2003, c. 19, s. 13; 2010, c. 10, s. 20.

57. Within 90 days after the coming into force of the revised metropolitan plan or RCM plan, the secretary shall publish a summary, mentioning the date of coming into force, in a newspaper circulated in the territory of the responsible body.

However, rather than being published in a newspaper, the summary may be sent by mail or distributed, as decided by the council, within the same period to every address in the territory of the responsible body.

1979, c. 51, s. 57; 1982, c. 63, s. 75; 1987, c. 57, s. 665; 1993, c. 3, s. 32; 2010, c. 10, s. 20.

57.1. (Repealed).

2002, c. 37, s. 9; 2002, c. 68, s. 52; 2003, c. 19, s. 14.

§ 3 . — Provision specific to metropolitan plan

2010, c. 10, s. 21.

57.2. The decision to adopt a by-law amending a metropolitan plan must be made by a two-thirds majority of the votes cast.

In the case of the Communauté métropolitaine de Québec, the majority must also include a majority of the votes cast by the representatives of Ville de Lévis and a majority of the votes cast by all the representatives of Municipalité régionale de comté de L’Île-d’Orléans, Municipalité régionale de comté de La Côte-de-Beaupré and Municipalité régionale de comté de La Jacques-Cartier.

2010, c. 10, s. 21.

§ 4 . — Provisions specific to RCM plan

2010, c. 10, s. 21.

A.  — Provision applicable to all RCM plans

2010, c. 10, s. 21.

57.3. In the case of the revision of an RCM plan, if the territory of the regional county municipality includes an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the ministerial opinion under section 56.4 or 56.14 shall include the guidelines relating to the objectives set out in the third paragraph of section 5. It shall also specify the parameters to serve in determining separation distances to reduce the inconvenience caused by odours from certain agricultural activities.

2010, c. 10, s. 21; 2023, c. 12, s. 26.

B.  — Provisions applicable in metropolitan territories

2010, c. 10, s. 21.

57.4. If the revised RCM plan concerns part of the territory of a metropolitan community, the council of the metropolitan community must, within 60 days after it is sent a copy of the by-law establishing the revised RCM plan, approve the by-law if it is in conformity with the metropolitan plan or withhold approval if it is not.

A resolution withholding approval of the by-law must include reasons and specify which provisions of the by-law are not in conformity with the metropolitan plan.

As soon as practicable after the passage of the resolution approving or withholding approval of the by-law, the secretary of the metropolitan community shall, in the first case, issue a certificate of conformity in respect of the by-law and send a certified copy of the certificate to the regional county municipality or, in the second case, send the regional county municipality a certified copy of the resolution.

If the council of the metropolitan community does not resolve to approve or withhold approval of the by-law within the period prescribed in the first paragraph, the by-law is deemed to be in conformity with the metropolitan plan.

2010, c. 10, s. 21.

57.5. If the council of the metropolitan community withholds approval of the by-law, the council of the regional county municipality may apply to the Commission for an assessment of the conformity of the by-law with the metropolitan plan.

The secretary of the regional county municipality shall notify a certified copy of the resolution requesting the assessment and of the by-law concerned to the Commission and to the metropolitan community.

The copies sent to the Commission must be received within 45 days after a copy of the resolution withholding approval of the by-law is sent to the regional county municipality.

2010, c. 10, s. 21; I.N. 2016-01-01 (NCCP).

57.6. The Commission must give its assessment within 60 days after receiving a copy of the resolution requesting the assessment.

An assessment stating that the by-law is not in conformity with the metropolitan plan may include suggestions of the Commission on how to ensure such conformity.

The secretary of the Commission shall send a copy of the assessment to the regional county municipality and to the metropolitan community.

If the assessment states that the by-law is in conformity with the metropolitan plan, the secretary of the metropolitan community shall, as soon as practicable after receiving a copy of the assessment, issue a certificate of conformity in respect of the by-law and send a certified copy of the certificate to the regional county municipality.

2010, c. 10, s. 21.

57.7. If the revised RCM plan established by the by-law is recognized as not being in conformity with the metropolitan plan, the council of the regional county municipality must replace the by-law with another that establishes a revised RCM plan that is in conformity with the metropolitan plan.

Sections 56.3 to 56.12 do not apply to the new by-law if the revised RCM plan it establishes differs from the plan it replaces only so as to ensure its conformity with the metropolitan plan.

2010, c. 10, s. 21.

57.8. In the case of the revision of an RCM plan applicable to part of the territory of a metropolitan community, the revised RCM plan comes into force on the latest of all the dates determined under section 56.17 and the date on which its certificate of conformity is issued. The revised RCM plan is deemed to be in conformity with the metropolitan plan.

2010, c. 10, s. 21.

§ 5 . — Ministerial requests

2023, c. 12, s. 27.

57.9. The Minister may request that a responsible body revise a metropolitan plan or an RCM plan if the Minister considers it warranted

(1)  to ensure, after the adoption of new government policy directions, that the plan is consistent with them;

(2)  to follow up on a regional or metropolitan report that is unsatisfactory as regards the achievement of targets; or

(3)  because the plan has not been revised in more than 12 years.

The Minister shall notify an opinion to the responsible body setting out the reasons why the Minister considers that a revision is warranted.

The council of the responsible body must, within three years after notification of the Minister’s opinion, adopt a by-law revising its metropolitan plan or RCM plan. If the Minister requests that both a metropolitan plan and an RCM plan applicable to part of the territory of the metropolitan community concerned be revised, the time limit applicable with respect to the by-law revising the RCM plan begins to run on the day of coming into force of the by-law revising the metropolitan plan.

The third paragraph of section 53.12 applies to a request made in accordance with the first paragraph.

2023, c. 12, s. 27.

DIVISION IV EFFECTS OF AMENDMENT OR REVISION OF METROPOLITAN PLAN OR RCM PLAN

1993, c. 3, s. 32; 2010, c. 10, s. 22.

§ 1 . — Effect of amendment

1993, c. 3, s. 32.

58. The council of every regional county municipality or municipality mentioned in the document adopted under section 53.11.2 or 53.11.4 shall adopt any necessary concordance by-law within six months after the coming into force of the by-law amending the metropolitan plan or the RCM plan.

In the case of the amendment of a metropolitan plan, “concordance by-law” means any by-law amending an RCM plan applicable to part of the territory of the metropolitan community that is needed to take account of the amendment of the metropolitan plan.

In the case of the amendment of an RCM plan, “concordance by-law” means any by-law that is needed to take account of the amendment of the RCM plan and by which a municipality amends its planning program or by which it adopts or amends any planning by-law.

1979, c. 51, s. 58; 1987, c. 102, s. 15; 1993, c. 3, s. 32; 1994, c. 32, s. 3; 2002, c. 37, s. 10; 2010, c. 10, s. 23; 2021, c. 10, s. 82; 2023, c. 12, s. 28.

§ 2 . — Effects of revision

1993, c. 3, s. 32.

A.  — Obligations relating to conformity with the revised metropolitan plan

1993, c. 3, s. 32; 2010, c. 10, s. 24.

58.1. In the case of the revision of a metropolitan plan, the council of a regional county municipality all or part of whose territory is situated within the territory of the metropolitan community must adopt any necessary concordance by-law within two years after the coming into force of the revised metropolitan plan.

For the purposes of the first paragraph, a “concordance by-law” means any by-law referred to in the second paragraph of section 58 that is needed to take account of the amendment of the metropolitan plan.

2010, c. 10, s. 25.

58.2. After the coming into force of the revised metropolitan plan, the council of any regional county municipality all or part of whose territory is situated within the territory of the metropolitan community may state that its RCM plan does not require amendment to take account of the revision of the metropolitan plan.

As soon as practicable after the council passes a resolution stating that the RCM plan does not require amendment, the secretary of the regional county municipality shall send a certified copy of the resolution to the metropolitan community and shall give public notice of the passage of the resolution, in accordance with the Act governing the regional county municipality with respect to that matter.

2010, c. 10, s. 25.

58.3. Within 120 days after the copy of the resolution referred to in the second paragraph of section 58.2 is sent, the council of the metropolitan community must approve the resolution if the RCM plan is in conformity with the revised metropolitan plan or withhold approval if it is not.

A resolution by which the council of the metropolitan community withholds approval of the resolution of the regional county municipality must include reasons.

As soon as practicable after the council of the metropolitan community passes the resolution, the secretary shall send a certified copy to the regional county municipality.

If the council of the metropolitan community does not resolve to approve or withhold approval of the resolution within the period prescribed in the first paragraph, the resolution is deemed to be approved by the council.

The RCM plan that is the subject of the approved resolution does not require amendment in order to take account of the revision of the metropolitan plan. It is deemed to be in conformity with the revised metropolitan plan.

2010, c. 10, s. 25.

58.4. If the council of the metropolitan community withholds approval of the resolution, the council of the regional county municipality may apply to the Commission for an assessment of the conformity of the RCM plan that is the subject of the resolution with the metropolitan plan.

The secretary of the regional county municipality shall notify a certified copy of the resolution requesting the assessment and of the RCM plan concerned to the Commission and to the metropolitan community.

The copies sent to the Commission must be received within 45 days after a copy of the resolution by which the council of the metropolitan community withholds approval of the resolution referred to in the second paragraph of section 58.2 is sent to the regional county municipality.

2010, c. 10, s. 25; I.N. 2016-01-01 (NCCP).

58.5. The Commission must give its assessment within 60 days after receiving a copy of the resolution requesting the assessment.

An assessment stating that the RCM plan that is the subject of the resolution referred to in the second paragraph of section 58.2 is not in conformity with the metropolitan plan may include suggestions of the Commission on how to ensure conformity.

The secretary of the Commission shall send a copy of the assessment to the regional county municipality and to the metropolitan community.

If the assessment states that the RCM plan is in conformity with the metropolitan plan, it does not require amendment in order to take account of the revision of the metropolitan plan. It is deemed to be in conformity with the metropolitan plan.

2010, c. 10, s. 25.

A.1.  — Obligations relating to conformity of the objectives of the revised RCM plan and the provisions of the complementary document

2010, c. 10, s. 25.

59. In the case of the revision of an RCM plan, the council of each municipality whose territory is comprised in that of the regional county municipality shall, within two years after the coming into force of the revised plan, adopt concordance by-laws.

For the purposes of the first paragraph, the term “concordance by-law” means any by-law referred to in the third paragraph of section 58 which is needed to take account of the revision of the plan.

1979, c. 51, s. 59; 1982, c. 63, s. 76; 1993, c. 3, s. 32; 2010, c. 10, s. 26; 2023, c. 12, s. 29.

59.1. After the coming into force of the revised RCM plan, the council of each municipality whose territory is comprised in that of the regional county municipality may indicate that its planning program or any of its planning by-laws need not be amended for the purpose of taking the revision of the plan into account.

As soon as practicable after the adoption of the resolution by which the council indicates that its program or by-laws need not be amended, the clerk or the clerk-treasurer of the municipality shall transmit a certified copy of the resolution to the regional county municipality and, in accordance with the Act governing the municipality in that matter, give public notice of its adoption.

1993, c. 3, s. 32; 1994, c. 32, s. 4; 1996, c. 25, s. 21; 2002, c. 37, s. 11; 2021, c. 10, s. 83; 2021, c. 31, s. 132; 2023, c. 12, s. 30.

59.2. Within 120 days after the copy of the resolution referred to in the second paragraph of section 59.1 is transmitted, the council of the regional county municipality shall approve the resolution, if the planning program or the by-law which is the subject of the resolution is in conformity with the objectives of the RCM plan and with the provisions of the complementary document or, if not, it shall withhold approval thereof.

The resolution by which the council of the regional county municipality withholds approval of the municipality’s resolution must include reasons.

As soon as practicable after the adoption of the resolution by the council of the regional county municipality, the secretary shall transmit a certified copy thereof to the municipality.

For the purposes of section 59, the program or the by-law which is the subject of the approved resolution need not be amended to take into account the revision of the RCM plan. It is deemed to be in conformity with the objectives of the RCM plan and with the provisions of the complementary document.

1993, c. 3, s. 32; 1996, c. 25, s. 22; 2010, c. 10, s. 112, s. 113.

59.3. Where the council of the regional county municipality withholds approval of the resolution referred to in the second paragraph of section 59.1 or fails to give its opinion within the period prescribed in section 59.2, the council of the municipality may apply to the Commission for an assessment of the conformity of the program or of the by-law which is the subject of the resolution with the objectives of the RCM plan and the provisions of the complementary document.

The clerk or the clerk-treasurer of the municipality shall notify to the Commission a certified copy of the resolution requesting the assessment, accompanied with the program or by-law concerned. He shall notify a certified copy of the resolution to the regional county municipality.

The copy notified to the Commission must be received by it within 15 days after a copy of the resolution in which the council of the regional county municipality withholds approval of the resolution referred to in the second paragraph of section 59.1 is transmitted or, as the case may be, after the expiry of the period prescribed in section 59.2.

1993, c. 3, s. 32; 1996, c. 25, s. 23; 2010, c. 10, s. 113; I.N. 2016-01-01 (NCCP); 2021, c. 31, s. 132.

59.4. The Commission shall give its assessment within 60 days of receiving a copy of the resolution requesting the assessment.

Any assessment stating that the program or the by-law is not in conformity with the objectives of the RCM plan and the provisions of the complementary document may include the suggestions of the Commission on ways to ensure conformity.

The secretary of the Commission shall transmit a copy of the assessment to the municipality and the regional county municipality.

For the purposes of section 59, where the assessment states that the planning program or the by-law is in conformity with the objectives of the RCM plan and with the provisions of the complementary document, the program or by-law need not be amended to take into account the revision of the plan. It is deemed to be in conformity with the objectives of the RCM plan and with the provisions of the complementary document.

1993, c. 3, s. 32; 2010, c. 10, s. 113.

B.  — Obligations relating to conformity with the planning program

1993, c. 3, s. 32.

59.5. The council of each municipality whose territory is comprised in that of the regional county municipality shall, within two years of the coming into force of the revised plan, adopt any by-law amending the planning program or any concordance by-law necessary for the purpose of ensuring conformity with the program of any by-law which is not deemed to be in conformity pursuant to section 59.9. Such a concordance by-law must be in conformity with the planning program.

For the purposes of the first paragraph, “concordance by-law” means any by-law that is needed to ensure the conformity referred to in that paragraph and by which a municipality adopts or amends any planning by-law.

1993, c. 3, s. 32; 1994, c. 32, s. 5; 2002, c. 37, s. 12; 2021, c. 10, s. 84; 2023, c. 12, s. 31.

59.6. After the coming into force of the revised RCM plan, the council of each municipality whose territory is comprised in that of the regional county municipality may indicate that any of the municipality’s planning by-laws is in conformity with its planning program.

As soon as practicable after the adoption of the resolution in which the council indicates that a by-law is in conformity with the planning program, the clerk or the clerk-treasurer of the municipality shall, in accordance with the Act governing the municipality in that matter, give public notice of the adoption of the resolution, explaining the rules prescribed in the first two paragraphs of section 59.7 and in the first paragraph of section 59.8.

1993, c. 3, s. 32; 1994, c. 32, s. 6; 1996, c. 25, s. 24; 2002, c. 37, s. 13; 2021, c. 10, s. 85; 2021, c. 31, s. 132; 2023, c. 12, s. 32.

59.7. Any qualified voter in the territory of the municipality may apply, in writing, to the Commission for an assessment of the conformity of the by-law which is the subject of the resolution referred to in the second paragraph of section 59.6 with the planning program.

The application must be transmitted to the Commission within 30 days after publication of the notice provided for in that paragraph.

The secretary of the Commission shall transmit to the municipality a copy of every application transmitted within the prescribed period.

1993, c. 3, s. 32; 1996, c. 25, s. 25; 2005, c. 28, s. 1; 2010, c. 10, s. 27.

59.8. Where the Commission receives applications from at least five qualified voters in the territory of the municipality, filed in accordance with section 59.7 in respect of the same by-law, the Commission shall, within 60 days after the expiry of the period prescribed in that section, give its assessment of the conformity of such a by-law with the planning program.

Any assessment stating that the by-law is not in conformity with the planning program may include the suggestions of the Commission on ways to ensure conformity.

The secretary of the Commission shall transmit a copy of the assessment to the municipality and to every applicant.

The clerk or the clerk-treasurer of the municipality shall post in the office of the municipality a copy of the assessment received.

1993, c. 3, s. 32; 2021, c. 31, s. 132.

59.9. Where the Commission does not receive applications from at least five qualified voters in the territory of the municipality, filed in accordance with section 59.7 in respect of the same by-law, the by-law is deemed to be in conformity with the planning program from the expiry of the period prescribed in that section.

A by-law is also deemed to be in conformity with the planning program from the date on which the Commission gives, in accordance with section 59.8, an assessment confirming such conformity.

1993, c. 3, s. 32.

§ 3 . — Monitoring of concordance

1993, c. 3, s. 32; 2010, c. 10, s. 28; 2023, c. 12, s. 33.

60. A responsible body must inform the Minister if it ascertains, with respect to its metropolitan plan or RCM plan, that a regional county municipality or municipality has failed to adopt a concordance by-law required by this division.

1979, c. 51, s. 60; 1982, c. 63, s. 77; 1990, c. 50, s. 5; 1993, c. 3, s. 32; 2010, c. 10, s. 28; 2023, c. 12, s. 33.

DIVISION V INTERIM CONTROL

1996, c. 25, s. 26; 2010, c. 10, s. 29.

§ 1 . — Application

1996, c. 25, s. 26.

A.  — General provisions

2010, c. 10, s. 30.

61. A responsible body whose council has adopted a draft by-law amending or revising its metropolitan plan or RCM plan may, in accordance with subdivisions 2 to 4, impose interim control in relation to that process.

The same applies to a responsible body whose council, by adopting a resolution for that purpose, expresses the intention to adopt in the near future a draft by-law amending or revising its metropolitan plan or RCM plan.

1979, c. 51, s. 61; 1982, c. 63, s. 78; 1983, c. 19, s. 2; 1996, c. 25, s. 26; 2002, c. 68, s. 52; 2010, c. 10, s. 30; 2023, c. 12, s. 34.

61.1. (Repealed).

2010, c. 10, s. 30; 2017, c. 13, s. 3.

B.  — Provision specific to the Communauté métropolitaine de Québec

2010, c. 10, s. 30.

61.2. A decision of the council of the Communauté métropolitaine de Québec under any provision of subdivisions 2 to 4 must be made by a two-thirds majority of the votes cast.

The majority must also include a majority of the votes cast by the representatives of Ville de Lévis and a majority of the votes cast by all the representatives of Municipalité régionale de comté de L’Île-d’Orléans, Municipalité régionale de comté de La Côte-de-Beaupré and Municipalité régionale de comté de La Jacques-Cartier.

2010, c. 10, s. 30.

§ 2 . — Interim control resolution

1996, c. 25, s. 26.

61.3. For the purposes of this subdivision, the following are partner bodies:

(1)  in every case, each municipality whose territory is situated within the territory of the responsible body;

(2)  in addition to those described in paragraph 1, if the resolution is related to the amendment or revision of a metropolitan plan, each regional county municipality all or part of whose territory is situated within the territory of the metropolitan community; and

(3)  in addition to those described in paragraph 1, if the resolution is related to the amendment or revision of an RCM plan applicable to all or part of the territory of a metropolitan community, that metropolitan community.

2010, c. 10, s. 31.

62. The council of the responsible body may prohibit new uses of the land, new structures, demolitions, 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, demolitions, 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, demolitions, 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; 2021, c. 10, s. 86.

63. The council of the responsible body may, by the same resolution, provide that a prohibition under section 62 may be lifted on issuance of a permit, and set out the terms and conditions for the issuance thereof which may vary according to the classes, subclasses, parts of territory or combinations established under the third paragraph of the said section.

It may designate for that purpose an officer of every municipality in whose territory the prohibition that may be lifted applies; such designation shall be valid only if the council of the municipality consents thereto.

1979, c. 51, s. 63; 1982, c. 63, s. 80; 1996, c. 2, s. 68; 1996, c. 25, s. 26; 2010, c. 10, s. 111.

63.1. A provision of a resolution passed under section 62 by the council of a regional county municipality that prohibits an activity in part of the territory of a metropolitan community is without effect if a provision of a resolution or a by-law passed or adopted under section 62 or 64 by the council of the metropolitan community authorizes the activity in that part of the territory upon the issuance of a permit or a certificate.

A provision of a resolution passed under section 62 by the council of a regional county municipality that authorizes an activity in part of the territory of a metropolitan community upon the issuance of a permit or a certificate is without effect if a provision of a resolution or a by-law passed or adopted by the council of the metropolitan community under section 62 or 64

(1)  prohibits the activity in that part of the territory; or

(2)  authorizes the activity in that part of the territory upon the issuance of a permit or a certificate, and the terms and conditions for or the officers charged with the issuance of the permit or certificate are not the same.

2010, c. 10, s. 33.

§ 3 . — Interim control by-law

1996, c. 25, s. 26.

63.2. For the purposes of this subdivision, the following are partner bodies:

(1)  if the by-law is related to the amendment or revision of a metropolitan plan, every regional county municipality all or part of whose territory is situated within the territory of the metropolitan community;

(2)  if the by-law is related to the amendment or revision of an RCM plan applicable to part of the territory of a metropolitan community, that metropolitan community; and

(3)  in addition to those described in paragraph 2, if the by-law is related to the amendment or revision of an RCM plan, every municipality whose territory is situated within the territory of the regional county municipality.

2010, c. 10, s. 34.

63.3. For the purposes of section 66, the following are also partner bodies:

(1)  in every case, each regional county municipality whose territory is contiguous to the territory of the responsible body; and

(2)  in addition to those described in paragraph 1, if the by-law is related to the process of amendment or revision of a metropolitan plan, each municipality whose territory is situated within the territory of the metropolitan community.

2010, c. 10, s. 34.

64. The council of the responsible body may, by by-law, exercise its powers under section 62 or under the first paragraph of section 63.

It may also, by the same by-law, prescribe special rules in the matters of zoning, subdivision or building and of issuance of permits and certificates. For that purpose, the third paragraph of section 62 and sections 113, 115, 116 and 118 to 122 apply, with the necessary modifications.

Notwithstanding subparagraph a of subparagraph 1 of the second paragraph of section 62, the council may avail itself, as regards an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), of any of the powers provided for in subparagraphs 3, 4, 4.1 and 5 of the second paragraph of section 113. In such a case, as soon as a notice of motion is given prior to the adoption of the by-law, the secretary shall send the Minister, by registered mail, a copy of the notice, of the minutes in which it is mentioned or, where applicable, of the notice referred to in the tenth paragraph of article 445 of the Municipal Code of Québec (chapter C-27.1).

The council may make the designation provided for in the second paragraph of section 63. The officer designated shall be charged with issuing any permit required for the lifting of a prohibition and any permit or certificate required pursuant to the by-law under the second paragraph of this section.

As soon as practicable after the adoption of the by-law, the secretary shall send a certified copy of the by-law and of the resolution adopting the by-law to the Minister and to every partner body.

The Minister shall give notice in writing to the responsible body of the date on which he received the copy.

1979, c. 51, s. 64; 1982, c. 2, s. 60; 1982, c. 63, s. 81; 1993, c. 3, s. 34; 1996, c. 25, s. 26; 1997, c. 93, s. 9; 2001, c. 35, s. 24; 2002, c. 37, s. 14; 2004, c. 20, s. 4; 2010, c. 10, s. 35; I.N. 2016-01-01 (NCCP); 2018, c. 8, s. 263.

65. Within 60 days after receiving a copy of the by-law, the Minister shall give an opinion as to the consistency of the by-law with government policy directions.

If the opinion states that the by-law is not consistent with those policy directions, it must include reasons. In that case, the Minister may, in the opinion, request that the responsible body replace the by-law; the Minister may also set a time limit for the adoption of a replacement by-law.

The Minister shall notify the opinion to the responsible body. In the case provided for in the second paragraph, the Minister shall send a copy of the opinion to every partner body.

1979, c. 51, s. 65; 1982, c. 2, s. 61; 1982, c. 63, s. 82; 1996, c. 25, s. 26; 1999, c. 40, s. 18; 2001, c. 35, s. 25; 2010, c. 10, s. 36; I.N. 2016-01-01 (NCCP).

66. The by-law comes into force on the day an opinion attesting that it is consistent with the aims and projects referred to in section 65 is notified to the responsible body by the Minister, or, failing such opinion, on the expiry of the period prescribed in the first paragraph of that section.

As soon as practicable after the coming into force of the by-law, the secretary shall publish notice of the date of coming into force of the by-law in a newspaper circulated in the territory of the responsible body.

At the same time, the secretary shall send a certified copy of the by-law and of the opinion to every partner body.

1979, c. 51, s. 66; 1996, c. 2, s. 43; 1996, c. 25, s. 26; 2003, c. 19, s. 15; 2010, c. 10, s. 37, s. 115; I.N. 2016-01-01 (NCCP).

67. Sections 64 to 66 apply in respect of a by-law concerning the amendment of the interim control by-law.

The fifth paragraph of section 64 and the second and third paragraphs of section 66 apply in respect of a by-law concerning the repeal of the interim control by-law.

1979, c. 51, s. 67; 1982, c. 2, s. 62; 1996, c. 2, s. 44; 1996, c. 25, s. 26; 1998, c. 31, s. 2; 2002, c. 37, s. 15.

§ 4 . — Effects of the interim control

1996, c. 25, s. 26.

A.  — Provisions common to interim control resolution or by-laws related to metropolitan plan or RCM plan

2010, c. 10, s. 38.

68. No building permit, subdivision permit, certificate of authorization or certificate of occupancy may be issued pursuant to a by-law of a municipality in respect of an activity that is prohibited or that is authorized, under any of sections 62 to 64, upon issuance of a permit or a certificate, unless in the latter case the activity was so authorized.

The provisions of an interim control by-law, adopted under the third paragraph of section 64, render inoperative any inconsistent provision of a by-law of a municipality adopted under any of subparagraphs 3, 4 and 5 of the second paragraph of section 113.

In addition, where a notice of motion has been given in relation to an interim control by-law referred to in the second paragraph, no construction plan may be approved and no permit or certificate may be issued or granted for the carrying out of work or the use of an immovable which, if the by-law that is the subject of the notice of motion comes into force, will be prohibited in the agricultural zone concerned.

The third paragraph ceases to apply at the expiry of the period that begins on the day of the filing of the notice of motion and that ends four months later. The third paragraph ceases, however, to apply before the expiry of that period on the day on which a notice of motion relating to a replacement by-law is filed or, failing that, on the day on which the time limit fixed by the Minister pursuant to the second paragraph of section 65 expires.

1979, c. 51, s. 68; 1982, c. 2, s. 63; 1993, c. 3, s. 35; 1996, c. 25, s. 26; 2001, c. 35, s. 26; 2002, c. 37, s. 16; 2002, c. 77, s. 3; 2004, c. 20, s. 5.

69. (Repealed).

1979, c. 51, s. 69; 1982, c. 2, s. 64; 1996, c. 2, s. 68; 1996, c. 25, s. 26; 2010, c. 10, s. 39.

70. A resolution passed under section 62 shall cease to have effect, if not repealed previously, from

(1)  where the council adopts under section 64, during the period of 90 days after the passage of the resolution, a by-law connected with the same process of amendment or revision of the metropolitan plan or the RCM plan, at the earliest of

(a)  the date of coming into force of that by-law or of a by-law replacing it; and

(b)  the one hundred and eightieth day following the passage of the resolution or, if a time limit was fixed by the Minister under the second paragraph of section 65, the date of expiry of that time limit;

(2)  in the opposite case, the expiry of the period of 90 days following the passage of the resolution.

Any resolution that replaces any other resolution shall cease to have effect from the same day as the resolution replaced would have ceased to have effect.

1979, c. 51, s. 70; 1996, c. 2, s. 68; 1996, c. 25, s. 26; 2002, c. 68, s. 52; 2010, c. 10, s. 40.

71. Any by-law adopted under section 64 and connected with the process of amendment of the metropolitan plan or the RCM plan shall cease to have effect in the territory of a municipality, if not repealed previously, from the date of coming into force of the last concordance by-law that the council of the municipality concerned must adopt under section 58 to take account of the amendment of the metropolitan plan or the RCM plan.

1979, c. 51, s. 71; 1993, c. 3, s. 36; 1996, c. 2, s. 68; 1996, c. 25, s. 26; 2002, c. 68, s. 52; 2010, c. 10, s. 41.

B.  — Provisions specific to interim control by-laws related to metropolitan plan

2010, c. 10, s. 42.

71.0.1. In the case of a by-law adopted under section 64 that relates to the amendment of a metropolitan plan, the concordance by-law referred to in section 71 is the by-law the municipality must adopt to take account of the amendment to the RCM plan applicable to that territory as a consequence of the amendment of the metropolitan plan.

2010, c. 10, s. 42.

71.0.2. The by-law adopted under section 64 that relates to the revision of the metropolitan plan ceases to have effect in the territory of the municipality, if it has not already been repealed,

(1)  on the day on which it is determined under the fifth paragraph of section 58.3 or the fourth paragraph of section 58.5 that the RCM plan applicable to that territory does not require amendment in order to take account of the revision of the metropolitan plan; or

(2)  on the day of the coming into force of the last concordance by-law that the council of the municipality must adopt under section 58 in order to take account of the amendment of the RCM plan applicable to that territory under section 58.1 as a consequence of the revision of the metropolitan plan.

2010, c. 10, s. 42.

C.  — Provisions specific to interim control by-laws related to RCM plan

2010, c. 10, s. 42.

71.0.3. The regional county municipality may examine the advisability, having regard to the interim control measures, of works provided for by any resolution or any by-law, referred to in section 46, of a municipality in whose territory the measures apply.

2010, c. 10, s. 42.

71.0.4. In the case of a by-law under section 64 that is related to the amendment or revision of an RCM plan and concerns an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the ministerial opinion under section 65 must take account of the guidelines relating to the objectives set out in the third paragraph of section 5. If the by-law provides for standards aimed at reducing the inconvenience caused by odours from agricultural activities, the notice shall also indicate the parameters to serve in determining separation distances for such purposes.

2010, c. 10, s. 42; 2023, c. 12, s. 35.

71.0.5. A provision of a by-law adopted under section 64 by the council of a regional county municipality that prohibits an activity in part of the territory of a metropolitan community is without effect if a provision of a resolution or a by-law adopted under section 62 or 64 by the council of the metropolitan community authorizes the activity in that part of the territory upon the issuance of a permit or a certificate.

A provision of a by-law passed under section 64 by the council of a regional county municipality that authorizes an activity in part of the territory of a metropolitan community upon the issuance of a permit or a certificate is without effect if a resolution or a by-law passed or adopted by the council of the metropolitan community under section 62 or 64

(1)  prohibits the activity in that part of the territory; or

(2)  authorizes the activity in that part of the territory upon the issuance of a permit or a certificate, and the terms and conditions for or the officers charged with the issuance of the permit or certificate are not the same.

2010, c. 10, s. 42.

71.1. (Replaced).

1982, c. 2, s. 65; 1996, c. 2, s. 45; 1996, c. 25, s. 26.

71.2. (Replaced).

1982, c. 2, s. 65; 1993, c. 3, s. 37; 1996, c. 25, s. 26.

72. Any by-law adopted under section 64 and connected with the process of revision of the RCM plan shall cease to have effect in the territory of a municipality, if not repealed previously,

(1)  from the date of coming into force of the last concordance by-law that the council of the municipality concerned must adopt under section 59 to take account of the revision of the plan; or

(2)  from the date on which all of the by-laws of the municipality concerned, from among those referred to in section 59.1, that are not required to be amended by a concordance by-law to take account of revisions to the plan, have been determined under the fourth paragraph of section 59.2 or 59.4, if that day is later than the day referred to in paragraph 1 or if no by-law of the municipality concerned, from among the by-laws referred to in section 59.1, has to be so amended.

1979, c. 51, s. 72; 1982, c. 63, s. 83; 1983, c. 19, s. 3; 1996, c. 25, s. 26; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

CHAPTER I.0.2 NATIONAL LAND USE PLANNING REPORT

2023, c. 12, s. 36.

73. The Minister is responsible for assessing the state of land use planning in the territory of Québec.

The Minister shall measure, by means of national targets and indicators adopted by the Government, the progress made in that area.

1979, c. 51, s. 73; 1982, c. 2, s. 66; 1993, c. 3, s. 38; 1996, c. 25, s. 26; 2023, c. 12, s. 36.

74. The Minister shall produce, every four years, a national land use planning report containing the following:

(1)  a status report on land use planning in the territory of Québec; and

(2)  reporting on the achievement of government targets with respect to land use planning.

1979, c. 51, s. 74; 1982, c. 63, s. 84; 1984, c. 27, s. 20; 1984, c. 38, s. 2; 1993, c. 3, s. 39; 1995, c. 34, s. 60; 1996, c. 25, s. 26; 2023, c. 12, s. 36.

75. The Minister may request that a responsible body or a municipality send him any information or document he considers necessary for the production of the national report.

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; 2023, c. 12, s. 36.

75.0.1. The Minister shall table the national report in the National Assembly not later than six months after the end of the period for which it is produced or, if the Assembly is not sitting, within 15 days of resumption.

2023, c. 12, s. 36.

CHAPTER I.0.3 NATIONAL LAND USE PLANNING POLICY

2023, c. 12, s. 37.

75.0.2. The Minister shall develop a national land use planning policy and propose it to the Government.

In preparing the policy, the Minister shall consult the authorities representing the municipal sector and any other civil society organization he considers relevant. The Minister shall also consult the Indigenous communities concerned where circumstances so require.

The Minister shall ensure the implementation of the policy and shall propose that the policy be updated when he considers it necessary.

2023, c. 12, s. 37.

CHAPTER I.1 JOINT LAND USE PLANNING COMMISSIONS

2001, c. 25, s. 1.

75.1. The Government may, by order, establish joint land use planning commissions having jurisdiction in the combined territory of two regional county municipalities.

The order shall determine the number of members of the commission, which shall not be less than four nor more than eight. It shall also fix the date before which the commission must produce the document referred to in section 75.8 and the date before which the commission must submit the report required under section 75.12 to the Government.

2001, c. 25, s. 1; 2002, c. 68, s. 52; 2010, c. 10, s. 43.

75.2. A joint land use planning commission is composed of an equal number of members of the council of each regional county municipality in whose territory the commission has jurisdiction.

The warden of each of the regional county municipalities is a member by virtue of office.

The additional members shall be appointed by the council of each of the regional county municipalities from among its members.

2001, c. 25, s. 1.

75.3. The wardens of each regional county municipality respectively, alternating, shall act as chair and vice-chair of the commission for a period of two years. The order referred to in section 75.1 shall designate from among them the chair and vice-chair for the two-year period beginning on the date on which the commission is established.

2001, c. 25, s. 1.

75.4. The chair shall call and preside at sittings of the commission and ensure that they are properly conducted.

The vice-chair shall replace the chair where the chair is unable to act or where the office of chair is vacant. The vice-chair may also, at the chair’s request, preside at any sitting of the commission.

2001, c. 25, s. 1.

75.5. A commission may adopt internal management by-laws relating to its sittings and the conduct of its affairs.

2001, c. 25, s. 1.

75.6. The quorum of a commission is a majority of its members. Every member present has one vote.

Every opinion, report, recommendation or document of a commission shall be adopted by a simple majority.

2001, c. 25, s. 1; 2010, c. 10, s. 115.

75.7. The council of each regional county municipality in whose territory a commission has jurisdiction may assign to the commission any persons whose services it may require to carry out its mandate.

2001, c. 25, s. 1.

75.8. The commission must adopt, before the date fixed in the order under section 75.1, a document determining the policy orientations and main avenues of intervention to guide the regional county municipalities in whose territory the commission has jurisdiction in land use planning and development.

The chair shall transmit a copy of the document referred to in the first paragraph, as soon as possible after it is adopted, to the Minister of Municipal Affairs, Regions and Land Occupancy and to each regional county municipality in whose territory the commission has jurisdiction.

2001, c. 25, s. 1; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

75.9. The function of a commission is to examine, on its own initiative or at the request of the council of one of the regional county municipalities in whose territory the commission has jurisdiction, any matter relating to land use planning and development throughout the combined territory.

A further function of a commission is to give its opinion, having regard to the document referred to in section 75.8 if available, to the regional county municipalities and to make recommendations to ensure that their RCM plans reflect an overall vision that is shared and that is in harmony with land use planning and development in the territories in which the RCM plans apply.

2001, c. 25, s. 1; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

75.10. For the purposes of the application of the process of amendment or revision of the RCM plan to the regional county municipalities in whose territory a commission has jurisdiction, each time the Act prescribes the transmission of a copy of a document by the secretary, the secretary shall also transmit a copy of the document to the commission so that it may give its opinion, make recommendations or produce a report in respect thereof.

2001, c. 25, s. 1; 2002, c. 68, s. 52; 2010, c. 10, s. 44.

75.11. Before giving an opinion under any of sections 51, 53.7, 56.4, 56.14 and 65 to a regional county municipality in whose territory a commission has jurisdiction, the Minister shall request that the commission and the other regional county municipality in whose territory the commission has jurisdiction to give an opinion on the document submitted to the Minister.

The opinions of the commission and the other regional county municipality must be received by the Minister, respectively, within 45 or 60 days after they were requested, depending on whether the ministerial opinion is applied for under section 51, 53.7 or 65, or under section 56.4 or 56.14.

Aside from inconsistency with government policy directions referred to in the sections mentioned in the first paragraph, an objection or disapproval expressed by the Minister under any of those sections may be based on problems raised in the opinion of the commission or the other regional county municipality. For the purposes of the provisions that concern the process of amendment or revision of the RCM plan or an interim control by-law related to that process and that refer to consistency or inconsistency with government policy directions, that reference also includes the solution or lack of a solution offered to the problems raised in the opinion of the Minister based on the opinion of the commission or the other regional county municipality.

The first three paragraphs do not apply when the Minister gives an opinion

(1)  under section 53.7 in respect of a replacement by-law referred to in the second paragraph of section 53.8;

(2)  under section 53.7 if the proposed amendment to the RCM plan arises from the application of section 53.12 or 53.13;

(3)  under section 56.14 in respect of a revised replacement RCM plan adopted pursuant to a request by the Minister under the third paragraph of that section; or

(4)  under section 65 in respect of a replacement interim control by-law adopted pursuant to a request by the Minister under the second paragraph of that section.

2001, c. 25, s. 1; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 45; 2023, c. 12, s. 38.

75.12. Every commission shall, before the date fixed in the order referred to in section 75.1, report to the Government on the exercise of its jurisdiction.

The report shall be tabled in the National Assembly by the Minister within 15 days if the Assembly is sitting or, if it is not sitting, within 15 days of resumption.

2001, c. 25, s. 1.

CHAPTER II PLANNING BY-LAWS IN UNORGANIZED TERRITORIES

1988, c. 19, s. 217.

76. A regional county municipality acting as a local municipality in respect of an unorganized territory under section 8 of the Act respecting municipal territorial organization (chapter O-9) is required to maintain in force at all times a zoning by-law, a subdivision by-law and a building by-law applicable to that territory, in addition to any other by-law it is required to adopt under the complementary document to its current RCM plan.

The regional county municipality must also maintain in force, in respect of that territory, a by-law relating to the occupancy and maintenance of buildings and a by-law relating to the demolition of immovables that is in conformity with the provisions of Chapter V.0.1, with the necessary modifications.

Different by-laws may apply to different parts of the unorganized territory determined by the council of the regional county municipality.

1979, c. 51, s. 76; 1982, c. 63, s. 86; 1988, c. 19, s. 218; 1996, c. 2, s. 46; 2002, c. 68, s. 52; 2010, c. 10, s. 46; 2021, c. 10, s. 87.

77. (Repealed).

1979, c. 51, s. 77; 1982, c. 63, s. 87; 1988, c. 19, s. 219; 1993, c. 3, s. 41; 1996, c. 2, s. 47; 2002, c. 68, s. 52; 2010, c. 10, s. 47.

78. (Repealed).

1979, c. 51, s. 78; 2003, c. 19, s. 16.

79. (Repealed).

1979, c. 51, s. 79; 1987, c. 57, s. 666; 1988, c. 19, s. 220; 1996, c. 25, s. 27; 2010, c. 10, s. 47.

CHAPTER II.1 OTHER BY-LAWS OF CERTAIN REGIONAL COUNTY MUNICIPALITIES

2002, c. 68, s. 3.

DIVISION I REGIONAL BY-LAWS

2002, c. 68, s. 3; 2021, c. 7, s. 6.

§ 1 . — Regional by-laws

2021, c. 7, s. 6.

79.1. The council of a regional county municipality may adopt a by-law to implement any flood risk management plan prepared in accordance with the regulation made under paragraph 13 of section 46.0.22 of the Environment Quality Act (chapter Q-2).

2002, c. 68, s. 3; 2010, c. 10, s. 48; 2021, c. 7, s. 6.

79.2. The council of a regional county municipality may, in respect of a determined place, establish by by-law any standard intended to take into account

(1)  any factor specific to the nature of the place that makes land occupation subject to constraints related to public safety or protection of the environment; and

(2)  the actual or potential proximity of an immovable or an activity that makes land occupation subject to constraints related to public safety, public health or general well-being.

2002, c. 68, s. 3; 2021, c. 7, s. 6.

79.3. The council of a regional county municipality may establish by by-law any standard relating to the planting and felling of trees in order to ensure the protection and management of private forests.

2002, c. 68, s. 3; 2010, c. 10, s. 112; 2021, c. 7, s. 6.

79.4. For the purpose of exercising the powers provided for in this subdivision, the council of a regional county municipality has the powers provided for in sections 113, 115, 118 and 119 in matters of zoning, subdivision, building, permits and certificates, with the necessary modifications.

2002, c. 68, s. 3; 2010, c. 10, s. 112; 2021, c. 7, s. 6.

79.5. The council of a regional county municipality must designate, in every municipality in whose territory the by-laws provided for in section 79.1 or 79.2 apply, an officer to be responsible for enforcing those by-laws.

The council may, with the consent of the municipality concerned, designate such an officer to enforce a by-law provided for in section 79.3.

Section 120 applies to an officer referred to in this section, with the necessary modifications.

2002, c. 68, s. 3; 2021, c. 7, s. 6.

79.6. The council of a regional county municipality that has a land development advisory committee also has the powers provided for in section 145.42, with the necessary modifications, for the purpose of exercising the powers provided for in paragraph 1 of section 79.2.

2002, c. 68, s. 3; 2003, c. 19, s. 17; 2021, c. 7, s. 6.

§ 2 . — Draft by-law, consultation and adoption

2021, c. 7, s. 6.

79.7. The council of the regional county municipality shall adopt a draft of every by-law referred to in sections 79.1 to 79.3.

A copy shall be sent as soon as practicable to each municipality whose territory is concerned by such a draft by-law and, in the case of the draft of a by-law referred to in section 79.2 or 79.3, to every metropolitan community whose territory is concerned by that draft by-law.

A copy of every draft by-law referred to in section 79.1 or 79.2 shall also be sent to the Minister.

2002, c. 68, s. 3; 2010, c. 10, s. 112; 2021, c. 7, s. 6.

79.8. The council of the regional county municipality may request the Minister’s opinion on a draft by-law referred to in section 79.1 or 79.2.

The secretary shall notify to the Minister a certified copy of the resolution setting out the request.

2002, c. 68, s. 3; 2010, c. 10, s. 49; 2021, c. 7, s. 6.

79.9. Within 60 days after receiving the copy of the resolution, the Minister shall give an opinion as to the consistency of the draft by-law with government policy directions or as to its compliance with the criteria prescribed by a regulation made under paragraph 14 of section 46.0.22 of the Environment Quality Act (chapter Q-2), as applicable.

If the opinion of the Minister raises objections to the draft by-law, it must include reasons.

The Minister shall notify the opinion to the regional county municipality.

2002, c. 68, s. 3; 2021, c. 7, s. 6.

79.10. The council of every municipality or metropolitan community whose territory is concerned by the draft by-law may give its opinion on the draft by-law within 60 days after receiving it.

2002, c. 68, s. 3; 2021, c. 7, s. 6.

79.11. The regional county municipality shall hold at least one public meeting in the territory concerned by the draft by-law.

2002, c. 68, s. 3; 2010, c. 10, s. 112; 2021, c. 7, s. 6.

79.12. The regional county municipality shall hold its public meetings through a committee established by the council, composed of council members designated by the council and presided over by the warden or by another committee member designated by the warden.

2002, c. 68, s. 3; 2010, c. 10, s. 50, s. 113, s. 116; 2021, c. 7, s. 6.

79.13. Not later than 15 days before a public meeting is held, the secretary of the regional county municipality shall publish in a newspaper circulated in the territory of every municipality whose territory is concerned by the draft by-law a notice of the date, time and place and the purpose of the meeting the secretary shall, within the same period, have a copy of the notice posted in the office of every municipality whose territory is concerned.

A summary of the draft by-law must be included with the notice or distributed, within the time prescribed in the first paragraph, to every address in the territory concerned. In the latter case, a notice of the date, time and place and the purpose of every meeting planned shall be enclosed with the summary.

Every notice must mention that a copy of the draft by-law and the summary may be consulted at the office of the regional county municipality and at the office of every municipality whose territory is concerned.

2002, c. 68, s. 3; 2003, c. 19, s. 18; 2010, c. 10, s. 112, s. 113, s. 116; 2021, c. 7, s. 6.

79.14. At a public meeting, the committee shall explain the draft by-law.

The committee shall hear the persons and bodies wishing to be heard.

2002, c. 68, s. 3; 2010, c. 10, s. 113, s. 116; 2021, c. 7, s. 6.

79.15. After the consultation period concerning the draft by-law, the council of the regional county municipality shall adopt the by-law, with or without changes.

The consultation period ends when every required public meeting has been held and every opinion on the draft by-law has been obtained or the time for giving an opinion has expired.

2002, c. 68, s. 3; 2010, c. 10, s. 113, s. 116; 2021, c. 7, s. 6.

§ 3 . — Approval, examination of conformity and coming into force

2021, c. 7, s. 6.

A.  — Provisions applicable to flood risk management by-laws

2021, c. 7, s. 6.

79.16. As soon as practicable after the adoption of a by-law referred to in section 79.1, the secretary of the regional county municipality shall notify to the Minister a certified copy of the by-law and of the resolution adopting it, accompanied with a management plan and an expert assessment consistent with the rules prescribed by a regulation made under paragraph 13 of section 46.0.22 of the Environment Quality Act (chapter Q-2).

2002, c. 68, s. 3; 2010, c. 10, s. 112, s. 113; 2021, c. 7, s. 6.

79.17. Within 90 days after receiving the copy of the by-law and of the resolution, the Minister shall approve the by-law if of the opinion that it complies with the criteria prescribed by a regulation made under paragraph 14 of section 46.0.22 of the Environment Quality Act (chapter Q-2) and is consistent with government policy directions.

The Minister shall notify a notice to the regional county municipality of the decision. If the Minister withholds approval of the by-law, the notice must include reasons.

2002, c. 68, s. 3; 2021, c. 7, s. 6.

79.18. Before rendering a decision, the Minister shall consult the Minister of Sustainable Development, Environment and Parks, the Minister of Public Security and the national committee of flood zone management experts.

The Minister must also consult any other interested minister.

2002, c. 68, s. 3; 2021, c. 7, s. 6.

79.19. The national committee of flood zone management experts shall be established by the Minister according to the terms and conditions the Minister determines by regulation.

2002, c. 68, s. 3; 2003, c. 19, s. 19; 2021, c. 7, s. 6.

79.19.1. If the Minister withholds approval of the by-law, the council of the regional county municipality may, within 120 days after notification of the notice of the decision, replace the by-law.

Subdivision 2 does not apply to a new by-law that differs from the by-law it replaces only so as to take account of the Minister’s opinion.

2004, c. 20, s. 6; I.N. 2016-01-01 (NCCP); 2018, c. 8, s. 263; 2021, c. 7, s. 6.

79.19.2. The by-law comes into force on the day the Minister approves it or on any later date prescribed by the by-law.

As soon as practicable after the coming into force of the by-law, the secretary of the regional county municipality shall see to it that a notice of the coming into force of the by-law is posted in the office of every municipality whose territory is concerned by the by-law, and shall publish the notice in a newspaper circulated in the territory of every such municipality.

2005, c. 28, s. 2; 2021, c. 7, s. 6; 2023, c. 12, s. 39.

B.  — Provisions applicable to by-laws on the management of natural or man-made constraints

2021, c. 7, s. 6.

79.19.3. As soon as practicable after the adoption of a by-law referred to in section 79.2, the secretary of the regional county municipality shall notify to the Minister a certified copy of the by-law and of the resolution adopting it.

A certified copy must also be sent to every metropolitan community whose territory is concerned by the by-law.

2021, c. 7, s. 6.

79.19.4. Within 60 days after receiving the copies of the by-law and of the resolution, the Minister shall give an opinion as to the consistency of the by-law with government policy directions.

The Minister shall notify the opinion to the regional county municipality and, if the by-law concerns part of the territory of a metropolitan community, to the metropolitan community. If the Minister is of the opinion that the by-law is not consistent with government policy directions, the opinion must include reasons and may include the Minister’s suggestions on how to ensure such consistency.

If the Minister fails to give an opinion within the time prescribed in the first paragraph, the by-law is deemed to be consistent with government policy directions.

2021, c. 7, s. 6.

79.19.5. If the Minister is of the opinion that the by-law is not consistent with government policy directions, the council of the regional county municipality may, within 120 days after notification of the opinion, replace the by-law.

Subdivision 2 does not apply to the new by-law if it differs from the one it replaces only so as to take account of the Minister’s opinion.

2021, c. 7, s. 6.

79.19.6. If the by-law concerns part of the territory of a metropolitan community, the council of the metropolitan community must, within 60 days after the copies of the by-law and of the resolution are sent, approve the by-law if it is in conformity with the metropolitan plan or withhold approval if it is not.

A resolution by which the council of the metropolitan community withholds approval of the by-law must include reasons and specify which provisions of the by-law are not in conformity with the metropolitan plan.

As soon as practicable after the passage of the resolution approving or withholding approval of the by-law, the secretary of the metropolitan community shall, in the first case, issue a certificate of conformity in respect of the by-law and send a certified copy of the certificate to the regional county municipality or, in the second case, send the regional county municipality a certified copy of the resolution.

If the council of the metropolitan community does not resolve to approve or withhold approval of the by-law within the period prescribed in the first paragraph, the by-law is deemed to be in conformity with the metropolitan plan.

2021, c. 7, s. 6.

79.19.7. Where the metropolitan community withholds approval of the by-law, the council of the regional county municipality may apply to the Commission for an assessment of the conformity of the by-law with the metropolitan plan.

The secretary of the regional county municipality shall notify a certified copy of the resolution applying for the assessment and of the by-law concerned to the Commission and to the metropolitan community.

The copies sent to the Commission must be received within 45 days after the copy of the resolution withholding approval of the by-law is sent to the regional county municipality.

2021, c. 7, s. 6.

79.19.8. The Commission must give its assessment within 60 days after receiving the copy of the resolution and of the by-law.

If the assessment of the Commission is that the by-law is not in conformity with the metropolitan plan, the assessment may include the Commission’s suggestions on how to ensure such conformity.

The secretary of the Commission shall notify a copy of the assessment to the regional county municipality and to the metropolitan community.

If the assessment states that the by-law is in conformity with the metropolitan plan, the secretary of the metropolitan community shall, as soon as practicable after receiving the copy of the assessment, issue a certificate of conformity in respect of the by-law and send a certified copy of the certificate to the regional county municipality.

2021, c. 7, s. 6.

79.19.9. Where the assessment of the Commission is that the by-law is not in conformity with the metropolitan plan, the council of the regional county municipality may, within 120 days after notification of the assessment, replace the by-law.

Subdivision 2 does not apply to a new by-law that differs from the one it replaces only so as to ensure the conformity of the by-law with the metropolitan plan.

2021, c. 7, s. 6.

79.19.10. The by-law comes into force on the day an opinion attesting that it is consistent with government policy directions is notified to the regional county municipality by the Minister or, failing such an opinion, on the expiry of the period prescribed in section 79.19.4.

However, if the by-law concerns part of the territory of a metropolitan community, it cannot come into force before the date on which the secretary of the community issues the certificate of conformity.

A by-law may, however, provide that it comes into force on any date after the date provided for in the first or second paragraph.

As soon as practicable after the coming into force of the by-law, the secretary of the regional county municipality shall see to it that a notice of the coming into force of the by-law is posted in the office of every municipality whose territory is concerned by the by-law, and shall publish the notice in a newspaper circulated in the territory of every such municipality.

2021, c. 7, s. 6; 2023, c. 12, s. 40.

C.  — Provisions applicable to by-laws on the planting or felling of trees

2021, c. 7, s. 6.

79.19.11. As soon as practicable after the adoption of a by-law referred to in section 79.3, the secretary of the regional county municipality shall see to it that a notice of the adoption of the by-law, explaining the rules prescribed in the first paragraph of section 79.19.12 and the first paragraph of section 79.19.13, is posted in the office of every municipality whose territory is concerned by the by-law, and shall publish the notice in a newspaper circulated in the territory of every such municipality.

2021, c. 7, s. 6.

79.19.12. Any qualified voter in a municipality whose territory is concerned by the by-law may, within 30 days of publication of the notice referred to in section 79.19.11, apply, in writing, to the Commission for an assessment of the conformity of the by-law with the objectives of the RCM plan and the provisions of the complementary document.

The secretary of the Commission shall send to the regional county municipality a copy of every application sent within the period prescribed in the first paragraph.

2021, c. 7, s. 6.

79.19.13. If the Commission receives at least five applications in accordance with section 79.19.12, it shall, within 60 days after the expiry of the period prescribed in that section, give its assessment of the conformity of the by-law with the objectives of the RCM plan and the provisions of the complementary document.

If the Commission fails to receive at least five applications in accordance with section 79.19.12, the by-law is deemed to be in conformity with the objectives of the RCM plan and the provisions of the complementary document from the expiry of the period prescribed in the first paragraph of that section.

The by-law is also deemed to be in conformity with the objectives of the RCM plan and the provisions of the complementary document from the date on which the Commission gives an assessment confirming such conformity.

The secretary of the Commission shall send a copy of the assessment to the regional county municipality and to every person who made an application in accordance with section 79.19.12. If the assessment of the Commission is that the by-law is not in conformity with the objectives of the plan and the provisions of the complementary document, the assessment must include reasons and may include the Commission’s suggestions on how to ensure conformity.

The secretary of the regional county municipality shall see to it that a copy of the assessment is posted in the office of every municipality whose territory is concerned by the by-law.

2021, c. 7, s. 6.

79.19.14. Where the assessment of the Commission is that the by-law is not in conformity with the objectives of the RCM plan and the provisions of the complementary document, the council of the regional county municipality may, within 120 days after notification of the assessment, replace the by-law.

Subdivision 2 does not apply to a new by-law that differs from the one it replaces only so as to ensure such conformity.

2021, c. 7, s. 6.

79.19.15. The by-law comes into force on the date from which it is deemed to be in conformity with the objectives of the RCM plan and the provisions of the complementary document according to section 79.19.13 or on any later date prescribed by the by-law.

As soon as practicable after the coming into force of the by-law, the secretary of the regional county municipality shall see to it that a notice of the coming into force of the by-law is posted in the office of every municipality whose territory is concerned by the by-law, and shall publish the notice in a newspaper circulated in the territory of every such municipality.

2021, c. 7, s. 6; 2023, c. 12, s. 41.

§ 4 . — Effects

2021, c. 7, s. 6.

79.19.16. The provisions of a by-law referred to in section 79.1 or 79.2 take precedence over any inconsistent provision of a by-law of a municipality.

2021, c. 7, s. 6.

79.19.17. On the coming into force of a by-law referred to in section 79.3, the council of a municipality whose territory is concerned by the by-law loses the right to include in its zoning by-law provisions regarding a matter referred to in subparagraph 12.1 of the second paragraph of section 113, and any such provision already in force immediately ceases to have effect.

2021, c. 7, s. 6.

79.19.18. Only the representatives of the municipalities whose territory is concerned by a by-law referred to in section 79.3 are qualified to participate in the deliberations and vote of the council of the regional county municipality as regards the exercise of the functions arising from the by-law. Only those municipalities shall contribute to the payment of expenses resulting from such exercise.

2021, c. 7, s. 6.

79.19.19. Where a notice of motion has been given in order to adopt or amend a by-law provided for in sections 79.1 to 79.3, no permit or certificate may be granted by the regional county municipality for an intervention that will be prohibited if the by-law that is the subject of the notice of motion is adopted.

Where a copy of the notice of motion is sent to a municipality, no permit or certificate may, as of receipt of the notice, be granted by the municipality for an intervention that will be prohibited if the by-law that is the subject of the notice of motion is adopted.

The first two paragraphs cease to be applicable on the day that is two months after the filing of the notice of motion in accordance with the first paragraph or a sending under the second paragraph if the by-law has not been adopted by that date or, if the by-law has been adopted, on the day that is six months after the adoption of the by-law if it is not in force on that date.

2021, c. 7, s. 6.

§ 5 . — Ministerial requests

2023, c. 12, s. 42.

79.19.20. The Minister may request that a regional county municipality amend a by-law referred to in section 79.2 if the Minister considers it warranted

(1)  to ensure, after the adoption of new government policy directions, that the by-law is consistent with them; or

(2)  to improve public safety.

2023, c. 12, s. 42.

79.19.21. The Minister of Sustainable Development, Environment and Parks may request that a regional county municipality amend a by-law referred to in section 79.2 or 79.3 if the Minister considers that the by-law, considering the distinctive features of the locality, fails to provide adequate protection for wetlands and bodies of water.

2023, c. 12, s. 42.

79.19.22. The second, fourth, sixth and seventh paragraphs of section 53.12 apply to a request referred to in section 79.19.20 or 79.19.21, with the necessary modifications.

2023, c. 12, s. 42.

79.19.23. Subdivision 2 does not apply with respect to a by-law that makes only the amendments necessary to comply with a request referred to in paragraph 2 of section 79.19.20 or in section 79.19.21.

2023, c. 12, s. 42.

DIVISION II

Repealed, 2023, c. 12, s. 43

2002, c. 68, s. 3; 2023, c. 12, s. 43.

79.20. (Repealed).

2002, c. 68, s. 3; 2003, c. 29, s. 142; 2006, c. 8, s. 16, s. 31; 2009, c. 26, s. 109; 2010, c. 10, s. 51, s. 113; 2015, c. 8, s. 213; 2021, c. 7, s. 7; 2023, c. 12, s. 43.

79.21. (Repealed).

2010, c. 10, s. 52; 2023, c. 12, s. 43.

80. (Repealed).

1979, c. 51, s. 80; 1987, c. 57, s. 667; 1993, c. 3, s. 42.

CHAPTER II.2 PUBLIC PARTICIPATION

2017, c. 13, s. 4.

80.1. Every local municipality may adopt a public participation policy that contains measures complementary to those provided for in this Act and that promotes dissemination of information, and consultation and active participation of citizens in land use planning and development decision-making.

2017, c. 13, s. 4.

80.2. If the public participation policy of the municipality complies with the requirements of the regulation made under section 80.3, no instrument adopted by the council of the municipality under this Act is subject to approval by way of referendum.

The first paragraph does not apply to a referendum and approval process that is under way at the time of the coming into force of the policy; inversely, the repeal of the policy has no effect on such a process that is under way at the time the policy is repealed. For the purposes of this paragraph, a process is under way as of the adoption of a draft by-law under section 124.

2017, c. 13, s. 4.

80.3. The Minister shall, by regulation, set any requirement relating to public participation for the purposes of this Act and to the content of a public participation policy.

The regulation must be aimed at ensuring that

(1)  the decision-making process is transparent;

(2)  citizens are consulted before decisions are made;

(3)  the information disseminated is complete, coherent and adapted to the circumstances;

(4)  citizens are given a real opportunity to influence the process;

(5)  elected municipal officers are actively present in the consultation process;

(6)  deadlines are adapted to the circumstances and allow citizens sufficient time to assimilate the information;

(7)  procedures are put in place to allow all points of view to be expressed and foster reconciliation of the various interests;

(8)  rules are adapted according to, in particular, the purpose of the amendment, the participation of citizens or the nature of the comments made; and

(9)  a reporting mechanism is put in place at the end of the process.

In its policy, the local municipality must state whether it deems the policy to be compliant with the regulation made under this section and whether it avails itself of section 80.2.

The Minister may, in exercising that power, establish different rules on the basis of any relevant criterion or for any group of municipalities.

2017, c. 13, s. 4.

80.4. The public participation policy is adopted by by-law.

The first paragraph of section 124 and sections 125 to 127 and 134 apply, with the necessary modifications, to any by-law by which a municipality adopts, amends or repeals a public participation policy.

2017, c. 13, s. 4.

80.5. Every municipality must permanently publish its public participation policy on its website. If the municipality does not have a website, the policy must be published on the website of the regional county municipality whose territory includes that of the municipality or, if the regional county municipality does not have a website, on another website of which the municipality gives public notice of the address at least once a year.

2017, c. 13, s. 4.

CHAPTER III PLANNING PROGRAM OF A MUNICIPALITY

DIVISION I POWERS OF THE MUNICIPALITY

81. A municipality may have a planning program applicable to its whole territory.

A municipality that has a planning program in force may not repeal it.

1979, c. 51, s. 81; 1982, c. 2, s. 67; 1982, c. 63, s. 88; 1994, c. 13, s. 15; 1996, c. 25, s. 28; 2010, c. 10, s. 53.

82. (Repealed).

1979, c. 51, s. 82; 1994, c. 13, s. 15; 1996, c. 25, s. 29; 2002, c. 68, s. 52; 2010, c. 10, s. 54.

DIVISION II CONTENTS OF THE PLANNING PROGRAM

1979, c. 51, Div. II; 2023, c. 12, s. 44.

83. The planning program determines sustainable land use planning and development for the territory of the municipality in harmony with the RCM plan. It defines policy directions and contains objectives, targets and any other measure intended to ensure or facilitate its implementation.

In particular, the planning program must

(1)  describe the organization of the territory;

(2)  determine land uses and, within any urbanization perimeter, minimum land occupation densities;

(3)  plan the consolidation of any part of the territory to be consolidated on a priority basis;

(4)  plan the organization of transportation, in particular the various modes of transportation, in a manner that is integrated with land use planning in the territory;

(5)  describe anticipated needs with respect to housing, including social or affordable housing, and set out measures for meeting those needs;

(6)  plan where local services and equipment are to be located and provide measures to facilitate their accessibility;

(7)  define the infrastructure and equipment projects that are useful or necessary for pursuing the defined policy directions and objectives and for achieving the defined targets;

(8)  set out measures to ensure the protection and availability of water resources;

(9)  determine any part of the territory or any immovable that is of historical, cultural, aesthetic or ecological interest, and set out measures to ensure its protection or enhancement; and

(10)  identify any part of the municipal territory that is sparsely vegetated, very impervious or subject to the urban heat island phenomenon, and describe any measure to mitigate the harmful or undesirable effects of those characteristics.

1979, c. 51, s. 83; 1993, c. 3, s. 43; 2021, c. 7, s. 8; 2023, c. 12, s. 44; 2024, c. 2, s. 25.

84. The planning program may include a special planning program for part of the territory of the municipality. The special planning program may contain elements aimed at fostering sustainable urban planning and objectives, targets and any other measure intended to ensure or facilitate its implementation.

In particular, the special planning program must

(1)  state the objectives pursued;

(2)  plan in detail land use development in the part of the territory it concerns; and

(3)  specify the urban planning rules and criteria proposed.

1979, c. 51, s. 84; 1987, c. 53, s. 2; 1993, c. 3, s. 44; 2017, c. 13, s. 5; 2023, c. 12, s. 44.

85. A municipality may, by by-law, adopt a program to acquire immovables, by agreement or expropriation, for all or part of the territory covered by a special planning program, with a view to alienating or leasing the immovables for the purposes provided for in the special planning program.

The municipality may implement the program to acquire immovables once the planning by-laws consistent with the special planning program are in force. It may administer any immovable it holds under the program and carry out any work on it.

1979, c. 51, s. 85; 1983, c. 57, s. 34; 2005, c. 6, s. 129; 2023, c. 12, s. 44.

85.0.1. (Replaced).

2005, c. 6, s. 130; 2023, c. 12, s. 44.

85.1. (Replaced).

1983, c. 57, s. 35; 1985, c. 27, s. 3; 1996, c. 2, s. 48; 1996, c. 25, s. 30; 2002, c. 68, s. 52; 2010, c. 10, s. 110, s. 114; 2023, c. 12, s. 44.

85.2. (Replaced).

2005, c. 6, s. 131; 2023, c. 12, s. 44.

85.3. (Replaced).

2005, c. 6, s. 131; 2023, c. 12, s. 44.

85.4. (Replaced).

2005, c. 6, s. 131; 2023, c. 12, s. 44.

86. A municipality may acquire any immovable, by agreement or expropriation, even if the immovable is not covered by a program to acquire immovables, with a view to alienating it or leasing it to a person who requires it to carry out a project that is consistent with a special planning program, if the person is already the owner of land or the beneficiary of a promise of sale of land representing two-thirds of the area the person needs to carry out the project.

The municipality may administer any immovable it holds under the first paragraph and carry out any work on it.

1979, c. 51, s. 86; 1982, c. 2, s. 68; 1996, c. 25, s. 31; 2002, c. 68, s. 52; 2010, c. 10, s. 55; 2023, c. 12, s. 44.

87. (Repealed).

1979, c. 51, s. 87; 1996, c. 27, s. 108.

DIVISION III PREPARATION OF THE PLANNING PROGRAM

88. In preparing a planning program, the council of a municipality may, by resolution, adopt a preliminary proposal regarding the various components of the program.

The preliminary planning proposal shall be presented as a series of alternatives, with an indication of the estimated cost of each.

The resolution of the municipal council shall indicate the time within which the consultation is to be held and the date, time and place of the public meetings.

The consultation shall be held in accordance with the procedure prescribed in sections 89 to 93.

1979, c. 51, s. 88.

89. The preliminary proposal shall be submitted to the council of the regional county municipality for its opinion.

1979, c. 51, s. 89.

90. The municipality shall hold a public meeting concerning the preliminary proposal presided by the mayor or by another member of the council designated by the mayor.

The council shall fix the date, time and place of the meeting; it may delegate all or part of such power to the clerk or the clerk-treasurer of the municipality.

1979, c. 51, s. 90; 1996, c. 25, s. 32; 1996, c. 77, s. 1; 2021, c. 31, s. 132.

91. The preliminary proposal shall be sent to the municipalities whose territories are adjacent, together with a notice of the date, time, place and objects of the public meeting.

1979, c. 51, s. 91; 1996, c. 25, s. 33.

92. Not later than fifteen clear days before the holding of the meeting, the clerk or the clerk-treasurer of the municipality must publish a notice of the date, time, place and objects of the meeting in a newspaper circulated in the territory of the municipality. The notice must also indicate that a copy of the preliminary proposal is available for inspection at the office of the municipality.

The notice must also be posted up at the office of the municipality.

1979, c. 51, s. 92; 2021, c. 31, s. 132.

93. At the public meeting, the person presiding the meeting must explain the preliminary proposal and hear every person and body wishing to be heard.

1979, c. 51, s. 93; 1996, c. 25, s. 35.

94. The municipality, in preparing the planning program, shall take into account, as the case may be, the preliminary proposal, the opinion of the council of the regional county municipality, the results of the consultation or any other relevant factor.

1979, c. 51, s. 94.

95. Before adopting the planning program, the council of the municipality shall hold a consultation on the various components of the program and the consequences of its adoption. This consultation is required even where the preliminary proposal had been submitted to consultation.

The council of the municipality may submit the draft zoning, subdivision and building by-laws it intends to adopt or the amendments it intends to make to these by-laws, in the cases provided for in section 102, to consultation.

It may also, where applicable, submit to consultation any other draft planning by-law.

The terms and conditions provided in sections 88 to 93 apply, with the necessary adaptations, to the consultation on the planning program.

1979, c. 51, s. 95; 1987, c. 102, s. 16; 1989, c. 46, s. 2; 1994, c. 32, s. 7; 2002, c. 37, s. 17; 2021, c. 10, s. 88; 2023, c. 12, s. 45.

96. Not less than fifteen clear days before the holding of the meeting, an abstract of the planning program shall, at the option of the municipal council, be

(1)  mailed or otherwise distributed to each civic address in the territory of the municipality, or

(2)  published in a newspaper circulated in the territory of the municipality.

This abstract shall be accompanied with a notice of the date, time, place and objects of the public meeting and of the fact that a copy of the planning program is available for inspection at the office of the municipality.

1979, c. 51, s. 96.

DIVISION IV ADOPTION OF THE PLANNING PROGRAM

97. The planning program is adopted by a by-law of the municipal council requiring the affirmative vote of the majority of the members of the council.

1979, c. 51, s. 97.

98. In the case of a municipality whose territory is comprised in that of a regional county municipality that has an RCM plan in force or that has begun to prepare its first RCM plan, the planning program comes into force on the date of the issuance of the certificate of conformity.

In any other case, the planning program comes into force on the date of the publication of the by-law contemplated in section 97 in conformity with the law governing the municipality, or on the later date provided therein.

1979, c. 51, s. 98; 1982, c. 63, s. 89; 1996, c. 2, s. 49; 1996, c. 25, s. 36; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

99. A copy of the planning program, together with a notice of the date of its coming into force, shall be sent to the municipalities whose territories are adjacent and to the council of the regional county municipality.

1979, c. 51, s. 99; 2003, c. 19, s. 20.

100. Within ninety days of the coming into force of the planning program, an abstract of the program, together with a notice of its coming into force, shall, at the option of the municipal council, be

(1)  mailed or otherwise distributed to each civic address in the territory of the municipality, or

(2)  published in a newspaper circulated in the territory of the municipality.

The abstract shall be accompanied with a notice indicating that a copy of the planning program is available for inspection at the office of the municipality.

1979, c. 51, s. 100.

DIVISION V EFFECTS OF THE PLANNING PROGRAM

2010, c. 10, s. 56.

101. A planning program does not create any obligation in respect of the calendar or the terms and conditions of implementation of the public services and infrastructure provided for therein.

1979, c. 51, s. 101; 2010, c. 10, s. 57.

102. The council of a municipality shall, within 180 days following the coming into force of the planning program or the issuance of the certificate of conformity in the case contemplated in the fourth paragraph of section 44, adopt for its whole territory a zoning by-law, a subdivision by-law, a building by-law and any other by-law whose adoption is required by the complementary document and send a copy of them to the council of the regional county municipality, if applicable. The by-laws must be in conformity with the planning program and, where such is the case, with the objectives of the RCM plan and with the complementary document.

However, if a planning by-law is in force at the time of the coming into force of the planning program, the council shall, if necessary, amend the said by-law, within the same time, to bring it into conformity with the planning program and, where such is the case, with the objectives of the RCM plan and with the complementary document, and send a copy of it to the regional county municipality, if applicable, whether amended or not.

Where the council is of the opinion that a by-law referred to in the second paragraph is consistent with the planning program and, where such is the case, with the objectives of the RCM plan and with the complementary document, it shall adopt a resolution and publish a notice indicating its intention not to amend the by-law. A copy of the resolution must be sent with the copy of the by-law.

A by-law adopted in accordance with the first paragraph must, unless it has been the subject of the consultation provided for in section 95, be submitted to the consultation provided for in sections 124 to 127.

1979, c. 51, s. 102; 1982, c. 2, s. 69; 1982, c. 63, s. 90; 1987, c. 57, s. 668; 1987, c. 102, s. 17; 1993, c. 3, s. 45; 1996, c. 25, s. 37; 1996, c. 25, s. 37; 2002, c. 68, s. 52; 2010, c. 10, s. 58, s. 110, s. 114; 2023, c. 12, s. 46.

103. Five qualified voters of the territory of the municipality may apply to the Commission in writing for an assessment of conformity within 30 days

(1)  of the passing of a by-law contemplated in the first paragraph of section 102; or

(2)  (paragraph repealed);

(3)  of the publication of the notice contemplated in the third paragraph of the said section.

On receiving the application, the Commission shall send a copy of it to the municipality; the municipality may obtain free of charge from the Commission a certified copy of the program and by-law concerned.

1979, c. 51, s. 103; 1982, c. 2, s. 70; 1987, c. 57, s. 669; 1987, c. 102, s. 18; 1993, c. 3, s. 46; 1996, c. 25, s. 38; 2005, c. 28, s. 3.

104. Within forty-five days of the expiration of the time allowed in the first paragraph of section 103, the Commission shall give an assessment of the conformity of the by-law with the planning program.

The assessment given by the Commission is binding on all the interested parties. This assessment may include, as an indication, the suggestions of the Commission with regard to the manner of ensuring the required conformity.

A copy of the assessment shall be sent to every person who applied for an assessment of conformity from the Commission, and to the municipality concerned by the application.

The assessment must be posted up at the office of the municipality.

1979, c. 51, s. 104.

105. A by-law contemplated in section 102 for which a certificate of conformity has been issued under section 44, comes into force, or in the case contemplated in the third paragraph of section 102, is deemed to be consistent with the planning program

(1)  at the expiry of the period provided in section 103, where no assessment is requested from the Commission, or

(2)  from the issuance of a favourable assessment by the Commission.

However, if a certificate under section 44 is issued after the date contemplated in the first paragraph, the by-law comes into force upon such issuance.

A notice of the coming into force or, in the case contemplated in the third paragraph of section 102, of the conformity of the by-law shall be published in a newspaper circulated in the territory of the municipality and posted up at the office of the municipality. Copy of the notice is sent to the Minister of Natural Resources and Wildlife for the purposes of the cadastre.

From the date of its coming into force in conformity with this section, the by-law is deemed to be in conformity with the planning program.

1979, c. 51, s. 105; 1982, c. 2, s. 71; 1982, c. 63, s. 91; 1987, c. 102, s. 19; 1993, c. 3, s. 47; 1994, c. 13, s. 15; 1996, c. 25, s. 39; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

106. If the assessment of the Commission is that a by-law contemplated in section 102 is not consistent with the planning program, the municipality shall, within 90 days, amend it to bring it into conformity with the planning program.

None of the formalities prescribed in sections 124 to 137 applies in respect of a by-law which is adopted, for the purposes of the first paragraph, solely to ensure the conformity of a by-law referred to in section 102 with the planning program.

1979, c. 51, s. 106; 1982, c. 63, s. 92; 1987, c. 57, s. 670; 1987, c. 102, s. 20; 1993, c. 3, s. 48; 1996, c. 25, s. 40.

107. (Repealed).

1979, c. 51, s. 107; 1993, c. 3, s. 49.

108. (Repealed).

1979, c. 51, s. 108; 1987, c. 57, s. 671; 1993, c. 3, s. 49.

DIVISION VI AMENDMENT OF THE PLANNING PROGRAM

109. The council of the municipality may amend its planning program in accordance with the procedure prescribed in this division.

1979, c. 51, s. 109; 1982, c. 2, s. 72; 1993, c. 3, s. 50.

109.1. The council of the municipality shall begin the procedure for amending the planning program by the adoption of a draft by-law.

As soon as practicable after the adoption of the draft by-law amending the planning program, the clerk or the clerk-treasurer of the municipality shall transmit to every contiguous municipality and to the regional county municipality a certified copy of the draft by-law and of the resolution under which it is adopted.

1993, c. 3, s. 50; 1996, c. 25, s. 41; 2021, c. 31, s. 132.

109.2. The municipality shall hold a public meeting concerning the draft by-law presided by the mayor or by another member of the council designated by the mayor.

The council shall fix the date, time and place of the meeting; it may delegate all or part of such power to the clerk or the clerk-treasurer of the municipality.

1993, c. 3, s. 50; 1996, c. 25, s. 42; 1996, c. 77, s. 2; 2021, c. 31, s. 132.

109.3. Not later than 15 days before the day the public meeting is held, the clerk or the clerk-treasurer of the municipality shall post in the office of the municipality and publish in a newspaper circulated in its territory a notice of the date, time, place and object of the meeting.

The notice shall include a summary of the draft by-law and mention that a copy of the latter may be examined at the office of the municipality.

However, the summary may be transmitted by mail or by other means, as the council of the municipality may choose, to every address in the territory of the municipality, not later than 15 days before the day the meeting is held instead of being integrated into the notice prescribed in the first paragraph. In this case, a notice indicating the date, time, place and object of the meeting and mentioning that a copy of the draft by-law may be examined at the office of the municipality shall accompany the summary.

1993, c. 3, s. 50; 2021, c. 31, s. 132.

109.4. At the public meeting, the person presiding the meeting shall explain the draft by-law and the consequences of the adoption and the coming into force of such a by-law and hear the persons and bodies wishing to be heard.

1993, c. 3, s. 50; 1996, c. 25, s. 43.

109.5. After the public meeting, the council of the municipality shall adopt the by-law amending the planning program, with or without changes, by a majority vote of its members.

1993, c. 3, s. 50; 1996, c. 25, s. 44.

109.6. As soon as practicable after the adoption of the by-law, the clerk or the clerk-treasurer of the municipality shall transmit a certified copy of the by-law and of the resolution under which it is adopted to the regional county municipality whose territory includes that of the municipality.

The first paragraph does not apply where no RCM plan is in force in the territory of the municipality.

Where the amendment made by the by-law is an amendment made pursuant to section 34, the clerk or the clerk-treasurer shall transmit, to any contiguous municipality and to the regional county municipality, a certified copy of the planning program which is the subject of the amendment.

1993, c. 3, s. 50; 1996, c. 25, s. 45; 2002, c. 68, s. 52; 2010, c. 10, s. 110; 2021, c. 31, s. 132.

109.7. Within 120 days after the documents described in the first paragraph of section 109.6 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the RCM plan and with the provisions of the complementary document or, if not, it shall withhold approval thereof.

However, the council must refuse to give its opinion if the municipality has failed to make a concordance amendment to its planning program or to any of its planning by-laws, except if the proposed amendment

(1)  is a concordance amendment that is a cause of the failure referred to in this paragraph or if not making the amendment would cause such a failure; or

(2)  is necessary, in the regional county municipality’s opinion, for reasons of public safety, public health or environmental protection.

The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons and state the provisions of the by-law that are not in conformity. The resolution by which the council refuses to give its opinion must identify the concordance amendments the municipality has failed to make.

As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality.

As soon as practicable after the adoption of the resolution by which the council of the regional county municipality withholds approval of the by-law or refuses to give its opinion, the secretary shall transmit a certified copy of the resolution to the municipality.

1993, c. 3, s. 50; 1996, c. 25, s. 46; 2010, c. 10, s. 112, s. 113; 2023, c. 12, s. 47.

109.8. Where the council of the regional county municipality withholds approval of a by-law or fails to give its opinion within the period prescribed in section 109.7, the council of the municipality may apply to the Commission for an assessment of the conformity of the by-law with the objectives of the RCM plan and the provisions of the complementary document.

The clerk or the clerk-treasurer of the municipality shall notify to the Commission a certified copy of the resolution requesting the assessment and of the by-law concerned. The clerk shall notify a certified copy of the resolution to the regional county municipality.

The copy intended for the Commission must be received by it within 15 days after a copy of the resolution in which approval of the by-law is withheld is transmitted or, as the case may be, after the expiry of the period prescribed in section 109.7.

The first, second and third paragraphs do not apply where the municipality has failed to act under the second paragraph of section 109.7.

1993, c. 3, s. 50; 1996, c. 25, s. 47; 2010, c. 10, s. 113; I.N. 2016-01-01 (NCCP); 2021, c. 31, s. 132; 2023, c. 12, s. 48.

109.8.0.1. The council of the municipality may, by resolution, request that the clerk or clerk-treasurer send the by-law to the regional county municipality again once the municipality has remedied the failure that was the reason for a refusal to give an opinion under the second paragraph of section 109.7. Section 109.6 applies to that sending, with the necessary modifications.

2023, c. 12, s. 49.

109.8.1. If the council of the regional county municipality withholds approval of the by-law, the council of the municipality may, instead of applying for the assessment provided for in section 109.8, adopt

(1)  a single by-law containing only the elements of the by-law concerned that did not cause approval to be withheld; or

(2)  a by-law containing only the elements of the by-law concerned that did not cause approval to be withheld together with a by-law containing only the elements of the by-law concerned that caused approval to be withheld.

Sections 109.1 to 109.4 do not apply in respect of a by-law adopted under the first paragraph. Section 109.7 does not apply in respect of a by-law containing only the elements that caused approval to be withheld; the council of the municipality may, in the same resolution, apply to the Commission for an assessment under section 109.8, as if approval of the by-law had been withheld by the council of the regional county municipality; the time limit prescribed in the third paragraph of the said section shall be computed in relation to the date of adoption of the by-law.

1996, c. 25, s. 48.

109.9. The Commission shall give its assessment within 60 days of receiving a copy of the resolution requesting the assessment.

Any assessment stating that the by-law is not in conformity with the objectives of the RCM plan and the provisions of the complementary document may include the suggestions of the Commission on ways to ensure conformity.

The secretary of the Commission shall transmit a copy of the assessment to the municipality and the regional county municipality.

Where the assessment states that the by-law is in conformity with the objectives of the RCM plan and the provisions of the complementary document, the secretary of the regional county municipality, as soon as practicable after receipt of a copy of the assessment, shall issue a certificate of conformity in respect of the by-law and transmit a certified copy thereof to the municipality.

1993, c. 3, s. 50; 2010, c. 10, s. 59.

109.10. Where, under section 58 or 59, the municipality is bound to adopt a concordance by-law, if the assessment of the Commission indicates that the by-law is not in conformity with the objectives of the RCM plan and the provisions of the complementary document or if the Commission has received no application for an assessment regarding the by-law within the period prescribed in section 109.8, the council of the regional county municipality shall request that the municipality replace the by-law, within the period it prescribes, by another by-law which is in conformity with these objectives and provisions.

As soon as practicable after the adoption of the resolution by which the request for replacement is formulated, the secretary shall transmit a certified copy of the resolution to the municipality.

The period prescribed for replacement shall not expire before the end of the 45-day period following transmission of the copy pursuant to the second paragraph.

1993, c. 3, s. 50; 2010, c. 10, s. 112, s. 113.

109.11. Sections 109.1 to 109.4 do not apply in respect of a new by-law differing from the by-law it replaces, at the request of the council of the regional county municipality made under section 109.10, for the sole purpose of ensuring that it is in conformity with the objectives of the RCM plan and the provisions of the complementary document.

1993, c. 3, s. 50; 2010, c. 10, s. 113.

109.12. Where the council of the municipality fails to adopt a concordance by-law within the period prescribed in section 58 or 59 or within the period prescribed under section 109.10, as the case may be, the council of the regional county municipality may adopt it in its place.

Sections 109.1 to 109.10 do not apply in respect of the by-law adopted by the council of the regional county municipality under the first paragraph. The by-law is considered to be a by-law adopted by the council of the municipality and approved by the council of the regional county municipality. As soon as practicable after the adoption of the by-law, the secretary shall issue a certificate of conformity in respect of it.

As soon as practicable after the adoption of the by-law and the issue of the certificate, the secretary shall transmit a certified copy of the by-law, of the resolution by which it is adopted and of the certificate to the municipality. The copy of the by-law transmitted to the municipality shall stand in lieu of the original for the issue by the municipality of certified copies of the by-law.

The expenses incurred by the regional county municipality to act in the place of the municipality shall be reimbursed by the municipality.

The first four paragraphs also apply where the council of a municipality fails to adopt, within the period prescribed in section 34 or within the period prescribed pursuant to section 40, as the case may be, a by-law whose object is the amendment of the planning program or master plan of the municipality to bring it into conformity with the objectives of the RCM plan and with the provisions of the complementary document.

1993, c. 3, s. 50; 2003, c. 19, s. 21; 2010, c. 10, s. 112, s. 113.

110. Where an RCM plan is in force in the territory of the municipality, the by-law shall come into force on the date of issue of the certificate of conformity in respect thereof. The by-law is deemed to be in conformity with the objectives of the RCM plan and with the provisions of the complementary document.

As soon as practicable after the coming into force of the by-law, the clerk or the clerk-treasurer of the municipality shall publish a notice thereof in a newspaper circulated in the territory of the municipality and shall post it in the office of the municipality.

1979, c. 51, s. 110; 1982, c. 2, s. 73; 1982, c. 63, s. 93; 1993, c. 3, s. 50; 2010, c. 10, s. 113; 2021, c. 31, s. 132.

110.1. Where no RCM plan is in force in the territory of the municipality, the by-law shall come into force in accordance with the Act governing the municipality in that respect.

1993, c. 3, s. 50; 1996, c. 25, s. 49; 2010, c. 10, s. 113.

110.2. As soon as practicable after the coming into force of the by-law, the clerk or the clerk-treasurer of the municipality shall transmit a certified copy of the by-law, accompanied by a notice of the date of its coming into force, to every contiguous municipality and to the regional county municipality.

However, a by-law adopted by the regional county municipality under section 109.12 need not be transmitted to the regional county municipality.

1993, c. 3, s. 50; 1996, c. 25, s. 50; 2003, c. 19, s. 22; 2021, c. 31, s. 132.

110.3. Within 90 days after the coming into force of the by-law, the clerk or the clerk-treasurer of the municipality shall publish a summary mentioning the date of its coming into force and stating that a copy of it may be examined at the office of the municipality in a newspaper circulated in the territory of the municipality.

However, the summary may be transmitted within the same period, by mail or by other means, as the council may choose, to every address in the territory of the municipality, instead of being published in a newspaper.

1993, c. 3, s. 50; 2021, c. 31, s. 132.

DIVISION VI.0.1 REVISION OF PLANNING PROGRAM

1997, c. 93, s. 10.

110.3.1. The council of the municipality may revise the planning program according to the process set out in sections 109.1 to 109.8.0.1, 109.9 and 110 to 110.3, with the necessary modifications.

1997, c. 93, s. 10; 2023, c. 12, s. 50.

110.3.2. In cases where section 109.1 applies, the clerk or the clerk-treasurer of the municipality shall also transmit a certified copy of both the draft by-law revising the planning program and the resolution under which it is adopted to every school service centre and school board whose territory is situated in whole or in part in that of the municipality.

2003, c. 19, s. 23; 2020, c. 1, s. 311; 2021, c. 31, s. 132.

DIVISION VI.1 EFFECTS OF AMENDMENT TO OR REVISION OF THE PLANNING PROGRAM

1993, c. 3, s. 50; 1997, c. 93, s. 11.

§ 1 . — Concordance by-laws

1997, c. 93, s. 12.

110.4. Within 90 days after the coming into force of a by-law amending the planning program or within 180 days after the coming into force of a by-law revising the planning program, the council of the municipality shall adopt any concordance by-law needed to ensure conformity with the amended or revised planning program of any by-law not deemed to be in conformity pursuant to section 110.9.

For the purposes of the first paragraph, “concordance by-law” means any by-law that is needed to ensure the conformity referred to in that paragraph and by which a municipality adopts or amends any planning by-law.

Every concordance by-law must be in conformity with the amended or revised program.

The first three paragraphs do not apply where the amendment to the planning program is made by a concordance by-law adopted under section 58 for the sole purpose of taking into account an amendment to the RCM plan and where the council adopts simultaneously a by-law amending or revising the planning program and a concordance by-law it would otherwise have been required to adopt within the period prescribed in the first paragraph.

If the concordance by-law to be adopted under the first paragraph is also required under section 59.5, it shall be adopted before the expiry of the period which ends on the later of the day prescribed in the first paragraph and that prescribed in section 59.5.

1993, c. 3, s. 50; 1994, c. 32, s. 8; 1997, c. 93, s. 13; 1998, c. 31, s. 3; 2002, c. 37, s. 18; 2010, c. 10, s. 113; 2021, c. 10, s. 89; 2023, c. 12, s. 51.

110.5. Where the council of the municipality adopts, in accordance with section 59, a concordance by-law in relation to the planning program and another in relation to any of its planning by-laws, for the purpose of taking into account the revision of the plan, the latter concordance by-law must be in conformity with the planning program amended by the former by-law.

Where the council adopts simultaneously a by-law amending or revising the planning program and a concordance by-law which the council would otherwise have been required to adopt within the period prescribed in the first paragraph of section 110.4, the latter by-law must be in conformity with the planning program amended or revised by the former by-law.

1993, c. 3, s. 50; 1994, c. 32, s. 9; 1997, c. 93, s. 14; 2002, c. 37, s. 19; 2021, c. 10, s. 90; 2023, c. 12, s. 52.

110.6. After the coming into force or adoption of the by-law amending or revising the planning program, depending on whether the conformity of a by-law with the program is imposed by section 110.4 or 110.5, the council of the municipality may indicate that any of its planning by-laws need not be amended to bring it into conformity with the planning program.

As soon as practicable after the adoption of the resolution under which the council indicates that a by-law need not be amended, the clerk or the clerk-treasurer of the municipality shall, in accordance with the Act governing the municipality in that matter, give public notice of the adoption of the resolution, explaining the rules prescribed in the first two paragraphs of section 110.7 and in the first paragraph of section 110.8.

If a replacement by-law referred to in section 110.10.1 was adopted before the coming into force of the by-law revising the planning program, the council is exempted from being required to indicate that the replaced by-law need not be amended to bring it into conformity with the planning program.

1993, c. 3, s. 50; 1994, c. 32, s. 10; 1996, c. 25, s. 51; 1997, c. 93, s. 15; 2002, c. 37, s. 20; 2021, c. 10, s. 91; 2021, c. 31, s. 132; 2023, c. 12, s. 53.

110.7. Every qualified voter in the territory of the municipality may apply, in writing, to the Commission for an assessment of the conformity of the by-law which is the object of a resolution under the second paragraph of section 110.6 with the planning program.

The application must be transmitted to the Commission within 30 days after publication of the notice required by that paragraph.

The secretary of the Commission shall transmit to the municipality a copy of every application transmitted within the prescribed period.

1993, c. 3, s. 50; 1996, c. 25, s. 52; 2005, c. 28, s. 4; 2010, c. 10, s. 60.

110.8. Where the Commission receives applications from at least five qualified voters in the territory of the municipality, filed in accordance with section 110.7 in respect of the same by-law, the Commission shall, within 60 days of the expiry of the period prescribed in that section, give its assessment of the conformity of the by-law with the planning program.

Where the conformity of a by-law with the program is required under section 110.5, the program considered by the Commission is the program amended or revised by the by-law referred to in that section, even if the by-law is not in force.

Any assessment stating that the by-law is not in conformity with the planning program may include the suggestions of the Commission on ways to ensure conformity.

The secretary of the Commission shall transmit a copy of the assessment to the municipality and to every applicant.

The clerk or the clerk-treasurer of the municipality shall post in the office of the municipality a copy of the assessment it received.

1993, c. 3, s. 50; 1997, c. 93, s. 16; 2021, c. 31, s. 132.

110.9. Where the Commission does not receive applications from at least five qualified voters in the territory of the municipality, filed in accordance with section 110.7 in respect of the same by-law, the by-law is deemed to be in conformity with the planning program from the expiry of the period prescribed in that section.

A by-law is also deemed to be in conformity with the planning program from the date on which the Commission gives, in accordance with section 110.8, an assessment confirming such conformity.

1993, c. 3, s. 50.

§ 2 . —

Repealed, 2010, c. 10, s. 61.

1997, c. 93, s. 17; 2010, c. 10, s. 61.

110.10. (Repealed).

1993, c. 3, s. 50; 1997, c. 93, s. 18; 2010, c. 10, s. 61.

§ 3 . — Replacement of certain by-laws

1997, c. 93, s. 19; 2023, c. 12, s. 54.

110.10.1. To replace the zoning by-law, conditional use by-law, incentive zoning by-law or differentiated zoning by-law, the council of the municipality shall, on pain of nullity, adopt the replacement by-law not earlier than the day it adopts the by-law revising the planning program and not later than the day that is 180 days after the day of the coming into force of the revised planning program.

The replacement by-law must be in conformity with the revised planning program.

The adoption of a replacement by-law exempts the council from the obligation to adopt a concordance by-law referred to in section 110.4.

1997, c. 93, s. 19; 2023, c. 12, s. 54; 2024, c. 24, s. 2.

DIVISION VII INTERIM CONTROL

1996, c. 25, s. 53.

§ 1 . — Application

1996, c. 25, s. 53.

111. A municipality whose council has adopted a draft by-law amending or revising its planning program may, in accordance with subdivisions 2 to 4, impose interim control in relation to that process.

The same applies to a municipality whose council, by adopting a resolution for that purpose, expresses the intention to adopt in the near future a draft by-law amending or revising its planning program.

1979, c. 51, s. 111; 1982, c. 63, s. 94; 1990, c. 50, s. 7; 1993, c. 3, s. 51; 1996, c. 2, s. 50; 1996, c. 25, s. 53; 1997, c. 93, s. 20; 2023, c. 12, s. 55.

§ 2 . — Interim control resolution

1996, c. 25, s. 53.

112. The council of the municipality may prohibit new uses of the land, new structures, demolitions, 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, demolitions, 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, demolitions, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the 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 clerk or the clerk-treasurer shall transmit a certified copy thereof to the regional county municipality and publish notice of the date of passage of the resolution in a newspaper circulated in the territory of the municipality.

1979, c. 51, s. 112; 1993, c. 3, s. 52; 1996, c. 25, s. 53; 1999, c. 40, s. 18; 2021, c. 10, s. 92; 2021, c. 31, s. 132.

112.1. The council may, by the same resolution, provide that a prohibition prescribed under section 112 may be lifted on issuance of a permit, and set out the terms and conditions for the issuance thereof which may vary according to the classes, subclasses, parts of territory or combinations established under the third paragraph of the said section.

1982, c. 2, s. 74; 1993, c. 3, s. 53; 1994, c. 13, s. 15; 1996, c. 25, s. 53.

§ 3 . — Interim control by-law

1996, c. 25, s. 53.

112.2. The council may, by by-law, exercise its powers under sections 112 and 112.1.

It may also, by the same by-law, prescribe special rules in the matters of zoning, subdivision or building and of issuance of permits and certificates. For that purpose, the third paragraph of section 112 and sections 113, 115, 116 and 118 to 122, adapted as required, apply.

1996, c. 25, s. 53.

112.3. As soon as practicable after the coming into force of the by-law, the clerk or clerk-treasurer shall transmit a certified copy of the by-law, together with a notice of the date of its coming into force, to the regional county municipality and to every contiguous municipality.

1996, c. 25, s. 53; 2003, c. 19, s. 24; 2021, c. 31, s. 132.

112.4. Section 112.3 applies in respect of a by-law concerning the amendment or the repeal of an interim control by-law.

1996, c. 25, s. 53.

§ 4 . — Effects of the interim control

1996, c. 25, s. 53.

112.5. No building permit, subdivision permit, certificate of authorization or certificate of occupancy may be issued pursuant to a by-law of a municipality in respect of an activity that is prohibited or that is authorized, under any of sections 112 to 112.2, upon issuance of a permit or a certificate, unless in the latter case the activity was so authorized.

1996, c. 25, s. 53.

112.6. A resolution passed under section 112 shall cease to have effect, if not repealed previously, from

(1)  where the council adopts under section 112.2, during the period of 90 days after the passage of the resolution, a by-law connected with the same process for amending or revising the planning program, the earlier of

(a)  the date of coming into force of that by-law or of a by-law replacing it; and

(b)  the date occurring 120 days after the date of passage of the resolution;

(2)  in the opposite case, the expiry of the period of 90 days after the passage of the resolution.

Any resolution that replaces any other resolution shall cease to have effect from the same day as the resolution replaced would have ceased to have effect.

1996, c. 25, s. 53; 1997, c. 93, s. 21.

112.7. Any by-law adopted under section 112.2 shall cease to have effect, if not repealed previously, from the latest of

(1)  the date of coming into force of the last concordance by-law that the council must adopt under section 58, 59, 59.5 or 110.4 to take account of the amendment or revision of the RCM plan or of the planning program;

(2)  the date on which all of the by-laws of the municipality, from among those referred to in section 59.1, not required to be amended by a concordance by-law to take account of the revision of the plan, are determined under the fourth paragraph of section 59.2 or 59.4; and

(3)  the date on which all of the by-laws of the municipality, from among those referred to in section 110.4, not required to be amended by a concordance by-law to take account of the amendment or revision of the program, are, under the first or second paragraph of section 110.9, deemed to be in conformity with the amended or revised program.

For the purposes of subparagraph 3 of the first paragraph, no account shall be taken of a zoning or subdivision by-law which, under the third paragraph of section 110.6, has not been the subject of a resolution indicating that it need not be amended to bring it into conformity with the planning program.

1996, c. 25, s. 53; 1997, c. 93, s. 22; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

112.8. Any provision of a resolution or by-law passed or adopted under section 112 or 112.2 and prohibiting an activity in a given portion of territory shall be without effect if a resolution or a by-law passed or adopted by a responsible body under section 62 or 64 authorizes the activity, in the same portion of territory, upon issuance of a permit or a certificate.

Any provision of a resolution or by-law passed or adopted under section 112 or 112.2 and authorizing, upon issuance of a permit or a certificate, an activity in a given portion of territory shall be without effect if a resolution or a by-law passed or adopted by the a responsible body under section 62 or 64

(1)  prohibits the activity, in the same portion of territory;

(2)  authorizes the activity in the same portion of territory, upon issuance of a permit or a certificate, and the terms and conditions for the issuance thereof or the officers charged with the issuance thereof are not the same.

For the purposes of the first two paragraphs, a provision adopted under section 62 or 64 by the council of a regional county municipality that is without effect as a result of the application of section 63.1 or 71.0.5 is not taken into account.

1996, c. 25, s. 53; 2010, c. 10, s. 62.

CHAPTER IV MUNICIPAL PLANNING BY-LAWS

DIVISION I ZONING BY-LAWS

113. The council of a municipality may adopt a zoning by-law for its whole territory or any part thereof.

A zoning by-law may include provisions regarding one or more of the following objects:

(1)  for the purposes of regulation, to classify structures and uses and, in accordance with a plan forming an integral part of the by-law, to divide the territory of the municipality into zones;

(2)  to divide each zone into sectors so that each of such sectors may be a territorial unit for the purposes of the provisions of subdivisions 1 to 2.1 of Division V that relate to approval by way of referendum and so that in each of such sectors the land use standards authorized in the zone may be prescribed in a supplementary by-law of the council, provided, however, that the standards respecting the uses permitted are uniform in all the sectors of the same zone;

(3)  to specify, for each zone, the structures and uses that are authorized and those that are prohibited, including public uses and buildings;

(3.1)  for every zone in which the only partially or totally residential buildings permitted are those comprising a specific number of dwellings, hereinafter referred to as “principal” dwellings, to provide that in such a building, one additional dwelling per principal dwelling may be built to be occupied by persons belonging to a class established under this subparagraph; to provide that only such persons, their spouse and their dependants, other than the owner or occupant of the principal dwelling, may occupy the additional dwelling; to establish classes of buildings from among the buildings to which this subparagraph applies and classes of persons from among the persons who are or were related by blood or allied, including through a de facto spouse, to the owner or occupier of the principal dwelling; to provide that the right to build an additional dwelling applies to one or more classes of buildings; to prescribe the conditions to which the building or occupation of an additional dwelling are subject, which conditions may vary from one class of building to another;

(3.2)  to prescribe, for each zone, where the carrying on of an enterprise is permitted inside a residence, the maximum number of persons not resident therein who may work in the residence because of the carrying on of that enterprise;

(4)  to specify, by zones, the open space that must be left between structures and the different uses, between structures or between the different uses, whether the structures or uses are grouped together or not, and whether they are situated in the same zone or in contiguous zones, and to prescribe, where applicable, the use and development of such open space;

(4.1)  without restricting the generality of the other subparagraphs, to specify, for each zone or group of contiguous zones, the maximum number of places that may be used for identical or similar uses, including those in the same immovable, the minimum distance required between such places or the maximum floor or land area allowed for such uses; however, a rule so provided may only apply, as regards agricultural activities within the meaning of the Act respecting the preservation of agricultural land and agricultural activities (chapter P‐41.1) in an agricultural zone established under that Act, to hog farms;

(5)  to specify, for each zone or sector of a zone, the land occupation densities, the dimensions, volumes, floor areas and ground areas of structures; the total floor area of a building in relation with the total area of the lot; the length, width and area of the open space to be left between structures on the same landsite, and the use and development of such open space; the open space to be left between structures and the street and land boundaries; the distance back from the street of buildings in relation to their height;

(5.1)  to regulate, by zone or sector of a zone, the architecture, symmetry and exterior aspect of structures, the location of a group of structures on a single site and the exterior materials of structures;

(6)  to specify, for each zone, the proportion of a landsite which may be occupied by a structure or use;

(7)  in the case of a municipality whose territory is situated near the boundary line between Québec and the United States of America, to prohibit the construction of buildings within a distance of three metres from that boundary line;

(8)  to determine the level of a landsite in relation to a thoroughfare;

(9)  to determine and regulate the place where vehicles may have access to a landsite;

(10)  to prescribe, for each zone, use or combination of uses, the space which, on the lots, must be reserved and arranged for parking, loading or unloading vehicles or for parking vehicles used by handicapped persons within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1) using wheel‐chairs, and the manner of arranging such space; to establish parking restrictions inside or outside buildings;

(10.1)  to provide that the council may exempt every person who applies therefor from the obligation to provide and to maintain parking units, on the payment of a sum determined in accordance with rules of computation that may vary according to classes of units or uses, and provide that the proceeds of the payment be used only to finance capital expenditures intended to improve the supply of public parking or of active or shared transportation;

(11)  to regulate or restrict, by zone, the division or subdivision of a dwelling;

(12)  to regulate or restrict, by zone, the excavation of the ground, the removal of humus, the planting and felling of trees and all works of clearing and filling; to compel any owner to put grass, shrubs or trees on his landsite;

(12.1)  to regulate or restrict the planting or felling of trees to ensure protection of the forest cover and promote sustainable development of private forest;

(13)  to regulate or restrict, by zone, the moving, use, repair or demolition of a structure; to require, where a structure is moved, the deposit, as security, of an amount considered provisionally sufficient to ensure compensation of the damage that might be incurred by the municipality by reason of that moving;

(14)  to regulate, by zone, the construction, erection, alteration and maintenance of all bill‐boards and signs already erected or to be erected in the future;

(14.1)  to regulate or restrict by zone the installation, maintenance, number and height of telecommunications antennae and other similar devices;

(14.2)  to regulate or restrict by zone the construction, installation, alteration, upkeep and continued use of awnings;

(15)  to regulate or restrict by zone the location, layout, height and maintenance of fences, walls, hedges, shrubs and trees;

(15.1)  to require that a fence be built around a landowner’s property;

(16)  to regulate or prohibit all or certain uses, activities, structures or works, taking into account the topography of the landsite, the proximity of wetlands or bodies of water, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of a place which may be taken into consideration for reasons of public safety or of protection of the environment;

(16.1)  to regulate or prohibit all or certain uses, activities, structures or works, taking into account the proximity of a place where the present or planned presence or carrying out of an immovable or an activity results in land occupation being subject to special restrictions for reasons of public safety, public health or general welfare;

(17)  to regulate the siting and installation of mobile homes and trailers;

(18)  to regulate, by zone or for the whole territory, non‐conforming structures and uses protected by acquired rights,

(a)  by requiring that a non‐conforming use protected by acquired rights cease if such use has been abandoned, has ceased or has been interrupted for such period of time as it may define, which must be a reasonable period, taking into account the nature of the use, but must not in any case be shorter than six months;

(b)  by stipulating that a non‐conforming use or structure protected by acquired rights shall not be replaced by another non‐conforming use or structure;

(c)  by prohibiting the extension or alteration of a non‐conforming use or structure protected by acquired rights, or by establishing conditions under which a non‐conforming use or structure protected by acquired rights may be extended or altered;

(19)  to regulate, by zone, the specific conditions of siting or layout applicable to structures and uses on lots not in conformity with the subdivision by‐law which are protected by acquired rights;

(20)  to permit, by zone, groups of structures and uses of a determined classification and prescribe the specific rules applicable in such a case;

(21)  within certain zones where residential and non residential uses are permitted, to regulate, restrict or prohibit the change from a residential use to a non residential use otherwise permitted in the zone;

(22)  to determine, for each zone, the uses permitted in any part of a structure;

(23)  to prescribe any other additional measure to distribute the various uses, activities, structures and works across its territory and make them subject to standards; such a measure may not however have the effect of restricting agricultural activities within the meaning of the Act respecting the preservation of agricultural land and agricultural activities in an agricultural zone established under that Act.

A zoning by‐law may not contain a provision establishing a separation distance pursuant to subparagraph 4 of the second paragraph, where one of the structures or one of the uses to which it applies is in an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities, except for the purpose of ensuring the preservation of a water supply or reducing the inconvenience resulting from the odours caused by agricultural activities. In addition, the by-law may contain a provision establishing a separation distance applying to a structure, a use or a location in an agricultural zone, only if it specifies

(1)  the space that, for any purpose other than those mentioned above, must be left between different structures or different uses on adjacent lots in contiguous zones, and the use and layout of that space;

(2)  the space that, for any of the purposes mentioned above, must be left between areas on which manure is spread and non-agricultural structures or uses.

For the purposes of subparagraph 12.1 of the second paragraph, the zoning by-law may establish rules that vary according to the parts of the territory it determines.

No by-law concerning signs and bill-boards adopted under subparagraph 14 or under any other general law or special Act applies to prohibit or restrict the use of signs and bill-boards relating to an election or a referendum held under an Act of Québec.

For the purposes of subparagraph 16 or 16.1 of the second paragraph, a zoning by-law may, in particular, divide the territory of the municipality, establish classes of uses, activities, structures or works to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of the territory concerned, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

For the purposes of subparagraph 18 of the second paragraph, the by-law may establish classes of non-conforming structures and uses protected by acquired rights and contain rules that vary according to the classes.

1979, c. 51, s. 113; 1982, c. 2, s. 75; 1985, c. 27, s. 4; 1987, c. 53, s. 3; 1987, c. 57, s. 672; 1987, c. 102, s. 21; 1993, c. 3, s. 54; 1996, c. 25, s. 54; 1996, c. 26, s. 67; 1997, c. 93, s. 23; 1998, c. 31, s. 4; 1999, c. 90, s. 1; 2002, c. 37, s. 21; 2002, c. 6, s. 82; 2002, c. 77, s. 4; 2004, c. 20, s. 7; 2004, c. 31, s. 71; 2005, c. 6, s. 132; 2006, c. 31, s. 1; 2017, c. 13, s. 6; 2017, c. 14, s. 42; 2021, c. 7, s. 9; 2023, c. 12, s. 56.

114. When a notice of motion has been given to adopt or amend a zoning by-law, no building plan may be approved nor may any permit or certificate be granted for the carrying out of works or use of an immovable which, if the by-law that is the subject of the notice of motion is adopted, will be prohibited in the zone concerned.

The first paragraph ceases to be applicable to the works or use in question on the date occurring two months after the filing of the notice of motion if the by-law has not been adopted by that date or, if the by-law has been adopted, on the date occurring four months after the date of its adoption if the by-law is not in force on that date.

Where, however, within two months after the filing of the notice of motion, the amending by-law is the subject, under section 128, of a second draft by-law, the first paragraph ceases to be applicable to the works or use in question on the date occurring four months after the filing of the notice of motion if the by-law has not been adopted by that date or, if the by-law has been adopted, on the date occurring four months after the date of its adoption if the by-law is not in force on that date.

1979, c. 51, s. 114; 1997, c. 93, s. 24.

DIVISION II SUBDIVISION BY-LAWS

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law includes provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses;

(1.0.1)  to identify the public or private nature of thoroughfares;

(1.1)  to establish the conditions under which a non-conforming lot which is protected by acquired rights may be enlarged or changed, such conditions varying according to the cases prescribed in the by-law;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to regulate or prohibit all or certain cadastral operations, taking into account the topography of the landsite, the proximity of wetlands or bodies of water, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of the place which may be taken into consideration for reasons of public safety or of protection of the environment;

(4.1)  to regulate or prohibit all or certain cadastral operations, taking into account the proximity of a place where the present or planned presence or carrying out, present or planned, of an immovable or activity results in land occupation being subject to major restrictions for reasons of public safety, public health or the general welfare;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning program, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to transfer, free of charge, the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(7.1)  to require, as a precondition to the approval of a plan relating to a cadastral operation, an undertaking by the owner to transfer, free of charge, a parcel of land or a servitude shown on the plan and intended to provide public access to a lake or watercourse;

(8)  (subparagraph repealed);

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immovables comprised in the plan;

(12)  to prescribe any other additional measure to govern division of the land as well as the dimensions of and development standards for public and private thoroughfares.

For the purposes of subparagraph 4 or 4.1 of the second paragraph, the subdivision by-law may, in particular, divide the territory of the municipality, establish classes of cadastral operations to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of territory, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

The council shall determine the cases, other than those referred to in the second paragraph of section 117.2, in which an undertaking to transfer a parcel of land or a servitude may be required under subparagraph 7.1 of the second paragraph, as well as the terms and conditions of such a transfer. However, the area of the land or servitude to be transferred must not exceed 10% of the area of all the parcels of land affected by a cadastral operation, taking into account, in favour of the owner, any transfer or payment required under Division II.1. Where such an operation concerns an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), only the area of the part of the site that is intended for non-agricultural purposes must be considered.

For the purposes of subparagraph 7.1 of the second paragraph,

(1)  the acquisition of a servitude by a municipality entails the right to develop the site of the servitude, in particular by the construction of infrastructures or equipment the use of which is inherent in the use or maintenance of a public water access point; and

(2)  no term may be stipulated with respect to a servitude acquired by a municipality.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2; 1993, c. 3, s. 55; 1996, c. 25, s. 55; 1998, c. 31, s. 5; 2017, c. 13, s. 7; 2017, c. 14, s. 43; 2021, c. 7, s. 10; 2023, c. 12, s. 57.

116. The council of a municipality may, by by-law, prescribe that no building permit may be granted in its whole territory or any part thereof, unless one or more of the following conditions, which may differ according to various parts of the territory, are complied with:

(1)  the landsite on which each proposed structure, including its dependencies, is to be built, forms one or more separate lots on the official cadastral plans, which are in conformity with the subdivision by-law of the municipality or, if not, which are protected by acquired rights;

(2)  the waterworks and sewer services for which an authorization has been received or a permit issued under the law are installed in the street on which the structure is proposed or unless the by-law ordering their installation is in force;

(3)  in the case where the waterworks and sewer services are not installed in the street on which a structure is proposed or the by-law ordering their installation is not in force, the drinking-water supply and waste water treatment planned for the structure to be erected on the land comply with the Environment Quality Act (chapter Q-2) and the regulations thereunder or with the municipal by-laws dealing with the same object;

(4)  the land on which a structure is to be erected is adjacent to a public or a private street in conformity with the requirements of the subdivision by-law;

(5)  the land on which a structure is to be erected is adjacent to a public street.

Subparagraph 2 of the first paragraph does not apply to structures for agricultural purposes on lands under cultivation.

The by-law may also exempt structures for agricultural purposes on lands under cultivation from any of the provisions of subparagraphs 1, 3, 4 and 5 of the first paragraph. However, no residence situated on land under cultivation may be exempted from the obligation contemplated under subparagraph 3 of the first paragraph.

The by-law may prescribe that the condition set out in subparagraph 1 of the first paragraph does not apply to a proposed structure the location of which is to be identical to that of an existing structure. It may also provide for the same exemption in respect of any other proposed structure where it is proved to the officer responsible for issuing the permit that such structure will not be erected on parcels of land belonging to different owners.

An exemption granted under the fourth paragraph does not apply where the estimated cost of the cadastral operation whereby one or several separate lots may be made on the land where the structure is to be erected does not exceed 10% of the estimated cost of the structure.

1979, c. 51, s. 116; 1982, c. 63, s. 95; 1983, c. 57, s. 36; 1989, c. 46, s. 4; 1993, c. 3, s. 56.

117. When a notice of motion has been given to adopt or amend a subdivision by-law, no permit may be granted for a subdivision which, should the by-law that is the subject of the notice of motion be adopted, would be prohibited in the zone or sector concerned.

The first paragraph ceases to be applicable to the subdivision in question on the date occurring two months after the filing of the notice of motion if the by-law has not been adopted by that date or, if the by-law has been adopted, on the date occurring four months after its date of adoption if the by-law is not in force on that date.

Where, however, within two months after the filing of the notice of motion, the amending by-law is the subject, under section 128, of a second draft by-law, the first paragraph ceases to be applicable to the subdivision in question on the date occurring four months after the filing of the notice of motion if the by-law has not been adopted by that date or, if the by-law has been adopted, on the date occurring four months after its date of adoption if the by-law is not in force on that date.

1979, c. 51, s. 117; 1997, c. 93, s. 25.

DIVISION II.1 ZONING AND SUBDIVISION BY-LAWS RESPECTING PARKS, PLAYGROUNDS AND NATURAL AREAS

1993, c. 3, s. 57.

117.1. The subdivision by-law may, for the purpose of promoting the establishment, maintenance and improvement of parks and playgrounds and the preservation of natural areas, prescribe, in respect of any part of the territory of the municipality, any prerequisite condition, from among the conditions mentioned in section 117.2, for the approval of a plan relating to a cadastral operation.

The subdivision by-law may, for the same purposes, prescribe any prerequisite condition, from among the conditions mentioned in section 117.2, for the issue of a building permit in respect of an immovable, where

(1)  the immovable is the subject of a redevelopment plan, as defined by the by-law;

(2)  the building permit applied for relates to the establishment of a new principal building on an immovable in respect of which no subdivision permit has been issued under registration as a separate lot by reason of the fact that the registration resulted from cadastral renewal; or

(3)  the building permit relates to work that will make it possible to carry on new activities, as defined by the by-law, on the immovable or to intensify, within the meaning of the by-law, existing activities on the immovable.

1993, c. 3, s. 57; 2001, c. 25, s. 2; 2017, c. 13, s. 8; 2023, c. 12, s. 58.

117.2. The prerequisite condition prescribed under section 117.1 may be any of the following: the owner undertakes to transfer, free of charge, to the municipality a parcel of land or a servitude which, in the opinion of the council or executive committee, is suitable for the establishment or enlargement of a park or playground or for the preservation of a natural area, or the owner pays an amount to the municipality, or the owner makes both the undertaking and the payment. The by-law may specify in which cases each of such obligations applies, or provide that the council or the executive committee shall decide in each case which obligation is applicable.

However, none of the conditions set out in the first paragraph may be imposed in the case of

(1)  a cancellation, correction or replacement of lot numbers which does not result in an increase of the number of lots; or

(2)  a plan relating to a cadastral operation or a building permit, in an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), where such an operation is carried out or such a permit is issued solely for agricultural purposes.

The by-law may specify any other case in which none of the conditions may be imposed.

The land or servitude which the owner undertakes to transfer to the municipality must form part of the site. However, the municipality and the owner may agree that the undertaking pertains to land or a servitude which forms part of the territory of the municipality but is not included in the site.

For the purposes of this division,

(1)  the word “site” means, as the case may be, the site of the immovable referred to in the second paragraph of section 117.1 or the land included in the plan referred to in the first paragraph of that section;

(2)  the acquisition of a servitude by a municipality entails the right to develop the site of the servitude, in particular by the construction of infrastructures or equipment the use of which is inherent in the use or maintenance of a park, playground or natural area; and

(3)  no term may be stipulated with respect to a servitude acquired by a municipality.

1993, c. 3, s. 57; 2001, c. 68, s. 1; 2023, c. 12, s. 59.

117.3. A by-law which includes a provision enacted under section 117.1 must establish rules for calculating the area of the land or servitude to be transferred or the amount to be paid.

The by-law may, for that purpose, define classes of lands or servitudes according to the uses for which the sites and immovables found thereon may be intended, or according to their area, or according to both such criteria, delimit parts of the territory to which the provision applies or form combinations based on a class of lands or servitudes and part of a territory. The calculation rules established under the first paragraph may vary according to those classes, parts or combinations.

The rules shall vary according to whether the condition prescribed is an undertaking or a payment only, or both an undertaking and a payment. The rules must also take into account, in favour of the owner, any transfer or payment made previously in respect of all or part of the site, as well as any undertaking to transfer a parcel of land or a servitude made under subparagraph 7.1 of the second paragraph of section 115.

1993, c. 3, s. 57; 2017, c. 13, s. 9; 2021, c. 7, s. 11; 2023, c. 12, s. 60.

117.4. The area of the land or servitude to be transferred and the amount paid shall not exceed 10% of the area and value of the site, respectively.

However, where the owner is to make both an undertaking and a payment, the total of the value of the land or servitude to be transferred and of the amount paid shall not exceed 10% of the value of the site.

Despite the first and second paragraphs, the municipality may require the transfer of land or a servitude whose area is greater than 10% of the area of the site if the land in respect of which the subdivision or building permit is applied for is situated within a central sector of the municipality and if all or part of the immovable is green space.

If the municipality requires both the transfer of land or a servitude and the payment of a sum, the amount paid must not exceed 10% of the value of the site.

The council shall, by by-law, determine the boundaries of the central sectors of the municipality and define what constitutes green space for the purposes of the third paragraph.

For the purposes of the first paragraph, in the case of a plan relating to a cadastral operation in an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), only the area and the value of the part of the site that is intended for non-agricultural purposes must be considered.

1993, c. 3, s. 57; 2017, c. 13, s. 10; 2023, c. 12, s. 61.

117.5. Any agreement on the undertaking to transfer a parcel of land or a servitude not included in the site entered into under the fourth paragraph of section 117.2 shall prevail over any calculation rule established under section 117.3 and over any maximum amount fixed under section 117.4.

1993, c. 3, s. 57; 2023, c. 12, s. 62.

117.6. For the purposes of section 117.4, the value of the land or servitude to be transferred or of the site is considered on the date of receipt by the municipality of the application for a building permit or of the plan relating to the cadastral operation, as the case may be, and is established according to the principles applicable to expropriation.

The value is established, at the owner’s expense, by a chartered appraiser commissioned by the municipality.

The first two paragraphs apply for the purposes of the establishment of the value of any land or servitude other than those referred to in the first paragraph if the value must be established for the purposes of the calculation rules provided for in section 117.3.

Notwithstanding the first three paragraphs, the by-law may permit the use of the property assessment roll of the municipality for the purpose of establishing the value of land. In such a case, if on the date referred to in the first paragraph the land, including the site, for which a value is to be established constitutes a unit of assessment entered on the roll or a part of such a unit of assessment whose value is entered on the roll separately, its value for the purposes of this division is the product of the value entered on the roll for the unit or part thereof corresponding to the land whose value must be established, as the case may be, multiplied by the factor of the roll established in accordance with section 264 of the Act respecting municipal taxation (chapter F‐2.1). If the land is not a unit of assessment or part of a unit of assessment, the first three paragraphs apply.

1993, c. 3, s. 57; 1999, c. 40, s. 18; 2023, c. 12, s. 63.

117.7. The municipality or the owner may contest, before the Administrative Tribunal of Québec, the value established by the appraiser in accordance with the first three paragraphs of section 117.6.

The contestation does not exempt the owner from paying the amount and, as the case may be, transferring the area of the land or of the servitude required by the municipality on the basis of the value established by the appraiser.

1993, c. 3, s. 57; 1997, c. 43, s. 33; 2023, c. 12, s. 64.

117.8. To submit the matter to the Administrative Tribunal, the municipality or the owner must cause a notice of contestation to be served on the other and file it with the Administrative Tribunal, together with proof of service. The notice shall be filed accompanied with the building or subdivision permit, as the case may be, and with a plan and a description, signed by a land surveyor, of the land, servitude or site whose value is contested; a certified copy of such a document may be filed in place of the original.

The notice of contestation shall mention the value established by the appraiser, refer to the plan and description, summarily set out the grounds for contestation, specify the date of receipt by the municipality of the application for a building permit or of the plan relating to the cadastral operation authorized by the subdivision permit, as the case may be, and request that the Administrative Tribunal establish the value of the land, servitude or site concerned.

The documents mentioned in the first paragraph must, on pain of dismissal of the contestation, be filed within 30 days of the issue of the building or subdivision permit, as the case may be.

1993, c. 3, s. 57; 1997, c. 43, s. 34; 2023, c. 12, s. 65.

117.9. Upon the filing of the documents mentioned in the first paragraph of section 117.8, the owner and the municipality become parties to the contestation.

Within 60 days after service of the notice of contestation, each party shall submit a statement containing its estimate of the value of the land, servitude or site concerned and setting out the reasons which justify such estimate.

If a party fails to submit a statement, the other party may proceed by default.

1993, c. 3, s. 57; 2023, c. 12, s. 66.

117.10. The burden of proof lies with the party contesting the value established by the appraiser.

1993, c. 3, s. 57.

117.11. The Administrative Tribunal may, in a decision giving reasons, either confirm or set aside the value established by the appraiser and establish the value of the land, servitude or site concerned on the date of receipt by the municipality of the application for a building permit or of the plan relating to the cadastral operation authorized by the subdivision permit, as the case may be; it is not bound to establish a value between those submitted by the parties. It shall also rule on the legal costs.

It shall, as soon as practicable, send a copy of its decision to the prothonotary.

1993, c. 3, s. 57; 1997, c. 43, s. 34; I.N. 2016-01-01 (NCCP); 2023, c. 12, s. 67.

117.12. (Repealed).

1993, c. 3, s. 57; 2023, c. 27, s. 182.

117.13. Where, following the decision of the Administrative Tribunal, it appears that the amount paid to the municipality by the owner is too high, the municipality shall refund the excess amount to the owner.

Where, following the Tribunal’s decision, it appears that the total of the value of the land or servitude transferred or to be transferred and the amount paid is more than it should have been, the municipality shall refund the excess amount to the owner.

In addition to the capital of the amount to be refunded, the municipality shall also pay to the owner the interest which would have accrued on such capital, at the rate applicable to arrears on taxes in the municipality, from the date of payment to the date of the refund.

1993, c. 3, s. 57; 1997, c. 43, s. 34; 2023, c. 12, s. 68.

117.14. Where, following the Tribunal’s decision, it appears that the amount paid to the municipality by the owner is insufficient, the owner shall pay the difference to the municipality.

Where, following the Tribunal’s decision, it appears that the total of the value of the land or servitude transferred or to be transferred and the amount paid is less than it should have been, the owner shall pay to the municipality an additional amount equal to the difference between such totals.

In addition to the capital of the amount to be paid, the owner shall also pay to the municipality the interest which would have accrued on such capital, at the rate applicable to arrears on taxes in the municipality, from the date of payment prior to the Tribunal’s decision to the date of the payment made pursuant to this section.

The amount to be paid is secured by a legal hypothec on the unit of assessment that includes the site.

1993, c. 3, s. 57; 1994, c. 30, s. 85; 1997, c. 43, s. 34; 2023, c. 12, s. 68.

117.14.1. The provisions of the Act respecting expropriation (chapter E-25) that are not inconsistent with sections 117.8 to 117.14 apply, with the necessary modifications, to the contestation of the value established by the appraiser.

2023, c. 27, s. 183.

117.15. Land or a servitude transferred pursuant to a provision enacted under section 117.1 may be used only for the establishment or enlargement of a park or playground or for the preservation of a natural area for as long as it belongs to the municipality.

Every amount paid pursuant to such a provision and every amount received by the municipality in return for a transfer of land or a servitude under the first paragraph shall form part of a special fund.

The fund may be used only to acquire or develop land or servitudes to be used for parks, playgrounds or public water access points, to acquire land or servitudes to be used for natural areas, or to acquire plants and plant them on the immovables the municipality owns or on the site of a servitude it holds. It may also be used for the payment of the expenditures of a regional county municipality that are related to a regional park. For the purposes of this paragraph, the development of land or of the site of a servitude includes the construction on it of a building or of another infrastructure or other equipment the use of which is inherent in the use or maintenance of a park, playground, public water access point or natural area.

Despite the first and third paragraphs, a municipality may, to comply with its obligations under sections 272.10 and 272.12 of the Education Act (chapter I-13.3),

(1)  transfer any land referred to in the first paragraph to a school service centre; and

(2)  use the amounts paid into the special fund provided for in the second paragraph to acquire an immovable with a view to transferring it to a school service centre or to pay the amount owing to the school service centre that has acquired an immovable in its place.

1993, c. 3, s. 57; 2000, c. 56, s. 98; 2020, c. 1, s. 166; 2021, c. 7, s. 12; 2023, c. 12, s. 69.

117.16. Amounts paid pursuant to a provision enacted under section 117.1 do not constitute a tax, a compensation or a mode of tariffing.

1993, c. 3, s. 57.

117.16.1. A municipality may use the regulatory powers provided for in this division to obtain land or amounts to enable it to comply with its obligations under sections 272.10 and 272.12 of the Education Act (chapter I-13.3). When a municipality uses those powers for such a purpose, sections 117.1 to 117.16 apply, with the necessary modifications and subject to the following:

(1)  despite section 117.4, the municipality may in all cases require the transfer of land whose area exceeds 10% of the area of the site, but must then pay the owner an amount equivalent to the value of the portion of land that exceeds that percentage, calculated in accordance with section 117.6;

(2)  except in the case provided for in subparagraph 1, if, with respect to the same site, the municipality requires the transfer of land or the payment of an amount under this section and section 117.1, the total contribution required from the owner may not exceed the limits provided for in section 117.4; and

(3)  transferred land and amounts paid into the special fund referred to in the second paragraph of section 117.15 must be used only for the purposes set out in the fourth paragraph of that section.

If it appears that land or amounts cannot be used for the purposes set out in the first paragraph, the municipality may use them in accordance with the first and third paragraphs of section 117.15.

2020, c. 1, s. 167.

DIVISION III BUILDING BY-LAWS

118. The council of a municipality may adopt a building by-law for its whole territory or any part thereof.

The building by-law may include provisions on one or more of the following objects:

(1)  to regulate the materials to be used in building and the manner of assembling them;

(2)  to establish standards of strength, salubrity and safety or insulation for any structure;

(2.1)  regulate fortification or protective elements of a structure according to the authorized use thereof, prohibit such fortification or protective elements where their utilization is not justified in view of the said use and, in the latter case, order the reconstruction or repair of any structure existing on the date of coming into force of the by-law within the time prescribed therein which cannot be less than 6 months, so that it may be brought into conformity with such by-law;

(3)  to order the reconstruction or repair of any building destroyed or become dangerous, or diminished in its value by at least one-half, as the result of fire or any other cause, in accordance with the by-laws in force at the time of such reconstruction or repair.

The council may order in the building by-law that all or part of an existing code of building standards constitutes all or part of the by-law. It may also prescribe that amendments to that code or a relevant part of it made after the coming into force of the by-law is also part of it without having to pass a by-law to prescribe the applicability of every amendment made. Such an amendment comes into force in the territory of the municipality on the date fixed by a resolution of the council; the clerk-treasurer of the municipality shall give public notice of the passing of such a resolution in conformity with the law governing the municipality. The code or the applicable part of it is attached to the by-law and is part of it.

1979, c. 51, s. 118; 1982, c. 63, s. 96; 1993, c. 3, s. 58; 1996, c. 2, s. 51; 1997, c. 51, s. 1; 2021, c. 31, s. 132.

118.1. The building by-law may, as regards a private seniors’ residence, prescribe special building standards and special rules applicable to the layout of the building and the elements and accessories that must be integrated therein to ensure the residents have the services appropriate to their needs.

For the purposes of the first paragraph, “private seniors’ residence” has the meaning assigned to it by the second paragraph of section 346.0.1 of the Act respecting health services and social services (chapter S-4.2).

2002, c. 37, s. 22; 2011, c. 27, s. 31.

DIVISION IV PERMITS AND CERTIFICATES

119. The council of a municipality may, by by-law,

(1)  prohibit any project for the construction, alteration, enlargement or extension of a building except with a building permit;

(2)  prohibit any project to change the use or destination of an immovable and any operation contemplated in subparagraphs 12, 12.1, 13, 14, 15, 16 and 16.1 of the second paragraph of section 113, except with a certificate of authorization;

(3)  prohibit the occupancy of an immovable recently erected or altered or the destination or use of which has been changed, except with a certificate of occupancy;

(4)  prohibit any application for a cadastral operation except with a subdivision permit;

(5)  prescribe the plans and documents that must be submitted by an applicant in support of his application for a permit or certificate;

(6)  establish a tariff of fees for the issue of permits and certificates or any class of them established in accordance with the type of structure or use intended;

(7)  designate a municipal officer responsible for the issuance of permits and certificates.

1979, c. 51, s. 119; 1993, c. 3, s. 59; 1996, c. 25, s. 56; 1997, c. 93, s. 26; 2005, c. 6, s. 133.

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116, 145.21 or 145.35.5;

(1.1)  the applicant has provided the information required by the officer to complete the form referred to in section 120.1;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

In addition, where the land in respect of which the building permit application is made is entered on the list of contaminated lands drawn up by the municipality pursuant to section 31.68 of the Environment Quality Act (chapter Q-2) and is the subject of a rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of that Act or a declaration of compliance under section 2.4 of the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37), the permit shall be issued only if the application is accompanied with a report signed by a professional within the meaning of section 31.42 of that Act establishing that the project for which the permit application is made is consistent with the provisions of the rehabilitation plan or the declaration of compliance.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11; 1995, c. 8, s. 51; 1997, c. 93, s. 27; 2002, c. 11, s. 13; 2006, c. 3, s. 35; I.N. 2020-02-01; 2022, c. 8, s. 2; 2024, c. 24, s. 3.

120.0.1. In addition to the conditions provided for in section 120, the officer designated under paragraph 7 of section 119 must also, prior to the issuance of a building permit, receive from the applicant a written statement establishing whether or not the permit applied for concerns an immovable to be used as a private seniors’ residence as defined in the second paragraph of section 118.1.

On 1 April each year, the officer shall transmit to the public health department whose territory includes that of the municipality the statements received in the preceding 12 months according to which the permit applied for concerns an immovable to be used as a private seniors’ residence.

2002, c. 37, s. 23; 2005, c. 32, s. 308; 2011, c. 27, s. 38; 2021, c. 7, s. 13.

120.1. In the case of work for which a building permit is required pursuant to paragraph 1 of section 119, the officer designated under paragraph 7 of that section shall, in accordance with the regulation under section 120.2, transmit to the recipient the form containing the information, prescribed by the regulation, that relates to the carrying out of the work.

1997, c. 93, s. 28.

120.2. The Government may, by regulation,

(1)  prescribe the form and content of the form referred to in section 120.1;

(2)  prescribe the computer-drawn equivalent of such a form;

(3)  designate the recipient of the form;

(4)  prescribe the period within which the form, or its computer-drawn equivalent, must be transmitted to the recipient;

(5)  prescribe the cases in which the form need not be filled out and transmitted.

1997, c. 93, s. 28.

120.3. Paragraph 1.1 of section 120 and sections 120.1 and 120.2, adapted as required, apply notwithstanding any inconsistent provision of any charter or special Act applicable to a municipality.

1997, c. 93, s. 28.

121. The officer designated under paragraph 7 of section 119 shall issue a subdivision permit, where

(1)  the application is in conformity with the subdivision by-law and, where applicable, with the by-law adopted under section 145.21;

(1.1)  the application is accompanied by the plan referred to in section 33.1 of the Environment Quality Act (chapter Q‑2) in the cases requiring it, and by the approval of the plan by the Minister of Sustainable Development, Environment and Parks;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit has been paid.

In addition, where the land in respect of which the subdivision permit application is made is entered on the list of contaminated lands drawn up by the municipality pursuant to section 31.68 of the Environment Quality Act and is the subject of a rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of that Act or a declaration of compliance under section 2.4 of the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37), the permit shall be issued only if the application is accompanied with a report signed by a professional within the meaning of section 31.42 of that Act establishing that the proposed operation for which the permit application is made is consistent with the provisions of the rehabilitation plan or the declaration of compliance.

1979, c. 51, s. 121; 1989, c. 46, s. 6; 1994, c. 32, s. 12; 2002, c. 11, s. 14; 2006, c. 3, s. 35; 2017, c. 4, s. 238; I.N. 2020-02-01; 2022, c. 8, s. 3.

122. The officer designated under paragraph 7 of section 119 shall issue a certificate of occupancy, where

(1)  the immovable recently erected or altered or the destination or use of which has been changed is in conformity with the requirements of the zoning and building by-laws and, where applicable, with the by-law adopted under section 145.21 or with the plans and documents duly approved; and

(2)  the fee for obtaining the certificate has been paid.

Any holder of a building permit may, on proof that the location of the foundations of the immovable being built is in conformity with the requirements of the zoning and building by-laws or with the duly approved plans and documents, and for payment of the prescribed fees, obtain from the office a partial certificate of occupancy establishing the conformity and the location of the foundations.

1979, c. 51, s. 122; 1982, c. 63, s. 97; 1994, c. 32, s. 13.

DIVISION V ADOPTION AND COMING INTO FORCE OF BY-LAWS

1993, c. 3, s. 60.

§ 1 . — Public consultation on draft by-laws

1993, c. 3, s. 61; 1996, c. 25, s. 57.

123. Sections 124 to 127 apply with respect to planning by-laws, except a by-law referred to in Division IV, and by-laws amending or replacing such by-laws.

However,

(1)  sections 124 to 127 do not apply with respect to by-laws that are applicable to unorganized territories and that are not subject to approval by way of referendum; and

(2)  sections 125 to 127 do not apply with respect to by-laws whose sole purpose is to enable the carrying out of a project that relates to housing intended for persons requiring protection.

For the purposes of this division, a by-law that is subject to approval by way of referendum is a by-law that

(1)  is designed to amend the zoning by-law by adding, amending, replacing or striking out a provision that concerns a matter referred to in any of subparagraphs 1 to 5, 6 and 17 to 23 of the second paragraph of section 113 or in the third paragraph of that section; and

(2)  is not a concordance by-law making an amendment referred to in subparagraph 1, under section 58, 59, 59.5, 102 or 110.4, for the sole purpose of taking into account an amendment to or the revision of the RCM plan or the coming into force of the original planning program or of the amendment to or revision of the planning program.

For the purposes of this division, the following are also subject to approval by way of referendum:

(1)  the conditional use by-law and any by-law that amends it; and

(2)  the incentive zoning by-law or the differentiated zoning by-law, if it provides a replacement standard that concerns a matter referred to in any of the provisions mentioned in subparagraph 1 of the third paragraph, and any by-law adding, amending, replacing or striking out such a standard.

1979, c. 51, s. 123; 1982, c. 2, s. 77; 1985, c. 27, s. 5; 1987, c. 57, s. 673; 1989, c. 46, s. 7; 1993, c. 3, s. 62; 1994, c. 32, s. 14; 1996, c. 25, s. 57; 1997, c. 93, s. 29; 2002, c. 37, s. 24; 2002, c. 68, s. 52; 2010, c. 10, s. 63; 2017, c. 13, s. 11; 2021, c. 10, s. 93; 2023, c. 12, s. 70; 2024, c. 24, s. 4.

123.1. Despite the third and fourth paragraphs of section 123, a provision whose purpose is to enable the carrying out of a project relating to any of the following objects does not make a by-law subject to approval by way of referendum:

(1)  collective equipment within the meaning of the fourth paragraph;

(2)  housing intended for persons in need of help, protection, care or shelter, in particular under a social housing program implemented under the Act respecting the Société d’habitation du Québec (chapter S-8); or

(3)  a cemetery.

In addition, a provision does not make a by-law subject to approval by way of referendum if, in a zone where residential use is permitted,

(1)  it enables the building or occupation of accessory dwellings; or

(2)  it amends, in order to increase land occupation density, a standard referred to in subparagraph 5 or 6 of the second paragraph of section 113 or a standard relating to the number of dwellings that may be built in a building, provided any of the following conditions is met:

(a)  the variation does not exceed one-third of the standard’s initial value;

(b)  the variation does not exceed half of the standard’s initial value, where the standard applies only to

i.  a zone in which there is a point of access for shared transportation that is operated on rails or on another thoroughfare that is intended exclusively for shared transportation; or

ii.  a zone contiguous to the zone referred to in subparagraph i; or

(c)  in the case of a standard relating to the height of buildings or to the number of dwellings that may be built in a building, the variation does not exceed whatever is necessary to allow a building to have an additional storey or to include an additional dwelling, as the case may be, if meeting a condition set out in subparagraph a or b does not make it possible to achieve that end.

Subparagraph 2 of the second paragraph does not apply to a provision amending a standard that was amended under that subparagraph in the four preceding years.

For the purposes of the first paragraph, “collective equipment” means

(1)  any equipment that belongs to a municipality or a responsible body; and

(2)  equipment that belongs to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and that is related to the health, education, culture or sports and recreation sectors.

2017, c. 13, s. 12; 2018, c. 8, s. 1; 2023, c. 12, s. 71.

124. Every by-law to which this section applies shall be adopted in draft form by the council of the municipality.

As soon as practicable after the adoption of the draft by-law, the clerk or clerk-treasurer of the municipality shall transmit a certified copy of the draft by-law and of the resolution by which it was adopted to the regional county municipality.

1979, c. 51, s. 124; 1996, c. 25, s. 57; 2021, c. 31, s. 132.

125. The municipality shall hold a public meeting in connection with the draft by-law, presided by the mayor or by a member of the council designated by the mayor.

The date, time and place of the meeting shall be fixed by the council, which may delegate all or part of this power to the clerk or clerk-treasurer of the municipality.

1979, c. 51, s. 125; 1996, c. 25, s. 57; 1996, c. 77, s. 3; 2021, c. 31, s. 132.

126. At least seven days before the public meeting is held, the clerk or clerk-treasurer of the municipality shall post, in the office of the municipality, a notice setting out the date, time, place and object of the meeting, and publish it in a newspaper circulated in its territory.

The notice must state that a copy of the draft by-law is available for consultation at the office of the municipality. It must also state whether or not the draft by-law contains a provision making it a by-law subject to approval by way of referendum.

Except in the case of a draft concordance by-law to be adopted under section 58 or 59,

(1)  where the draft by-law concerns a zone, a sector of a zone or a part of the territory determined under the sixth paragraph of section 113 or the third paragraph of section 115, the notice must, using street names whenever possible, describe the perimeter of the zone, sector or part, illustrate it by means of a sketch, or state the approximate location of the zone, sector or part and the fact that a description or illustration is available for consultation at the office of the municipality;

(2)  where the draft by-law concerns the whole territory of the municipality, the notice must state, where applicable, that the draft by-law contains provisions applying specifically to a zone, a sector of a zone or a part of the territory determined under the sixth paragraph of section 113 or the third paragraph of section 115 and mention the fact that a description or illustration of the zone, sector or part is available for consultation at the office of the municipality.

In the case of contiguous zones or sectors of zones, the description or illustration of their perimeter or approximate location may be that of their combined areas.

1979, c. 51, s. 126; 1984, c. 10, s. 14; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1994, c. 32, s. 15; 1996, c. 25, s. 57; 1997, c. 93, s. 30; 2021, c. 31, s. 132.

127. During the public meeting, the person presiding must explain the draft by-law and hear every person or body wishing to express an opinion.

Where the draft by-law contains a provision making it a by-law subject to approval by way of referendum, the person responsible for explaining the draft by-law shall identify that provision and explain the nature of and means of exercising the right of certain persons to make an application, pursuant to the provisions of subdivision 2, for any by-law containing that provision to be submitted for the approval of certain qualified voters.

1979, c. 51, s. 127; 1996, c. 2, s. 52; 1996, c. 25, s. 57.

§ 2 . — Applications to take part in a referendum following a second draft by-law

1996, c. 25, s. 57.

128. Once the public meeting on a draft by-law containing a provision making it a by-law subject to approval by way of referendum has been held, the council of the municipality shall adopt, with or without change, a second draft by-law. No such provision may be included in the second draft by-law unless it relates to a matter in respect of which such a provision was included in the first draft by-law.

However, the council is not bound to adopt a second draft by-law if the by-law it adopts under section 134 no longer contains any provision making it a by-law subject to approval by way of referendum.

As soon as practicable after the adoption of the second draft by-law, the clerk or clerk-treasurer of the municipality shall transmit a certified copy of the draft by-law and of the resolution by which it was adopted to the regional county municipality or, if the second draft by-law is identical to the first, a notice to that effect.

1979, c. 51, s. 128; 1996, c. 25, s. 57; 2021, c. 31, s. 132.

129. A summary of the second draft by-law may be produced under the responsibility of the municipality.

Notwithstanding the second paragraph of section 11 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a copy of the summary may be obtained from the municipality, free of charge, by any person who so requests.

1979, c. 51, s. 129; 1996, c. 25, s. 57.

130. If the second draft by-law contains a provision making the by-law a by-law subject to approval by way of referendum, an application may be made under this section and under sections 131 and 133 to require that any by-law containing the provision that is adopted under section 136 be submitted for the approval of certain qualified voters.

An application relating to a provision adopted under subparagraph 17 of the second paragraph of section 113 may originate from any zone within the territory of the municipality, and shall require that the by-law be submitted for the approval of all the qualified voters. The same applies in respect of a provision adopted under subparagraph 18 of the second paragraph of section 113 where it applies to the whole territory of the municipality.

An application relating to a provision that applies to a group of contiguous zones referred to in subparagraph 4.1 of the second paragraph of section 113 may originate from any zone comprised within the group, and shall require that the by-law be submitted for the approval of the qualified voters in any zone comprised within the group. An application relating to a provision that applies to part of the territory, as determined under the sixth paragraph of section 113, may originate from any zone wholly or partially comprised within the part concerned, and shall require that the by-law be submitted for the approval of the qualified voters in any zone wholly or partially comprised within the part concerned.

An application relating to a provision that amends the classification of structures or uses in such a way that the authorized structures and uses in a zone are changed may originate from that zone and from any zone contiguous to it, and shall require that the by-law be submitted for the approval of the qualified voters in the zone in which the authorized structures or uses are changed and from which the application originates, and of the qualified voters in any contiguous zone from which an application originates, provided that an application originates from the zone to which it is contiguous.

An application relating to a provision adopted pursuant to a power that permits of zone-by-zone regulation, where it applies to a zone that is not divided into sectors if the power also permits of sector-by-sector regulation, may originate from a zone to which it applies and from any zone contiguous to that zone, and shall require that the by-law be submitted for the approval of the qualified voters in the zone to which the by-law applies, and of the qualified voters in any contiguous zone from which an application originates. That rule applies in respect of a provision adopted under subparagraph 18 of the second paragraph of section 113 only where the provision does not apply to the whole territory of the municipality.

An application relating to a provision adopted pursuant to a power that permits of sector-by-sector regulation may originate from a sector to which it applies, a sector of the same zone that is contiguous to a sector to which it applies, and any zone contiguous to a sector to which it applies, and shall require that the by-law be submitted for the approval of the qualified voters in the sector to which the by-law applies and of the qualified voters in any contiguous sector or zone from which an application originates.

For the purposes of the fifth and sixth paragraphs and of sections 133 to 137, a provision that applies to more than one zone or more than one sector of a zone, as the case may be, is deemed to constitute a separate provision applying separately to each zone or sector.

For the purposes of the first seven paragraphs and of sections 133 to 137, a provision that changes the limits of a zone or a sector of a zone so as to amend the rules adopted pursuant to a power referred to in the fifth or sixth paragraph that are applicable to that zone or sector is considered to be a provision referred to in the fifth or sixth paragraph, as the case may be.

1979, c. 51, s. 130; 1996, c. 25, s. 57; 1996, c. 77, s. 4; 1997, c. 93, s. 31; 1999, c. 90, s. 2; 2006, c. 31, s. 2; 2023, c. 12, s. 72.

130.1. (Replaced).

1993, c. 3, s. 64; 1994, c. 32, s. 16; 1996, c. 25, s. 57.

130.2. (Replaced).

1993, c. 3, s. 64; 1996, c. 25, s. 57.

130.3. (Replaced).

1993, c. 3, s. 64; 1996, c. 25, s. 57.

130.4. (Replaced).

1993, c. 3, s. 64; 1996, c. 25, s. 57.

130.5. (Repealed).

1993, c. 3, s. 64; 1994, c. 16, s. 51; 1994, c. 32, s. 17.

130.6. (Replaced).

1993, c. 3, s. 64; 1996, c. 25, s. 57.

130.7. (Replaced).

1993, c. 3, s. 64; 1996, c. 25, s. 57.

130.8. (Replaced).

1993, c. 3, s. 65; 1996, c. 25, s. 57.

131. Every interested person in a zone or a sector of a zone may sign an application originating from that zone or sector.

For the purposes of this subdivision, an interested person in a given zone or sector of a zone is a person who would be a qualified voter and whose name would be entered on the referendum list of the zone or sector if the reference date, within the meaning of the Act respecting elections and referendums in municipalities (chapter E-2.2), was the date of adoption of the second draft by-law and if the sector concerned, within the meaning of that Act, was that zone or sector.

1979, c. 51, s. 131; 1987, c. 57, s. 674; 1993, c. 3, s. 65; 1996, c. 25, s. 57.

131.1. (Replaced).

1993, c. 3, s. 65; 1996, c. 25, s. 57.

132. Following the adoption of the second draft by-law, the clerk or clerk-treasurer shall, in accordance with the Act governing the municipality for such purposes, issue a public notice

(1)  setting out the number, title and date of adoption of the second draft by-law;

(2)  giving a brief description of the object of the provisions in respect of which an application may be made, or mentioning the fact that a copy of the summary of the second draft by-law may be obtained, free of charge, by any person who so requests;

(3)  (a)  stating which interested persons are entitled to sign an application in respect of each provision and the tenor of an application or, if the object of the provisions is not stated in the notice, explaining, in a general manner, entitlement to sign an application and the tenor of an application and stating how information may be obtained to determine which interested persons are entitled to sign an application in respect of each provision and the tenor of an application;

(b)  setting out the conditions of validity of an application;

(4)  determining the interested persons in a zone and the manner in which a legal person may exercise the right to sign an application, or stating how such information may be obtained;

(5)  describing, using street names whenever possible, the perimeter of each zone from which an application may originate, otherwise than by reason of the fact that it is contiguous to another zone, illustrating it by means of a sketch, or indicating the approximate location of the zone and stating the fact that a description or illustration is available for consultation at the office of the municipality;

(6)  mentioning the fact that the provisions in respect of which no valid application is received may be included in a by-law that is not required to be submitted for the approval of the qualified voters;

(7)  stating the place, dates and times at which the second draft by-law is available for consultation.

If the notice contains a description of the object of a provision other than those referred to in the second and third paragraphs of section 130, the indication of the interested persons entitled to sign an application in respect of that provision, prescribed in subparagraph a of subparagraph 3 of the first paragraph of this section, shall name every zone to which the provision applies, contain a general statement concerning any zone contiguous to the zone so named and, in the case of a provision referred to in the seventh paragraph of section 130, state that the provision is deemed to constitute a separate provision applying separately to each zone named. For the purposes of this paragraph, a zone in which the authorized structures or uses would no longer be the same because of the amended classification under the provision is deemed to be a zone to which the provision applies.

If, under subparagraph 5 of the first paragraph, the perimeter or approximate location of all the zones in the territory of the municipality are to be illustrated or described, the notice need contain no description, illustration or indication, except if it contains the description of the object of the provisions in respect of which an application may be made.

In the case of contiguous zones, the description or illustration of their perimeter or indication of their approximate location may be that of their combined areas.

For the purposes of the first four paragraphs, a sector of a zone is considered to be a zone if, pursuant to the sixth paragraph of section 130, an application may originate from a sector of a zone.

1979, c. 51, s. 132; 1987, c. 57, s. 674; 1996, c. 25, s. 57; 1996, c. 77, s. 5; 2021, c. 31, s. 132.

133. An application, in order to be valid, must

(1)  state clearly the provision to which it refers and the zone or sector of a zone from which it originates;

(2)  be signed by at least 12 interested persons in a zone or sector in which there are more than 21 interested persons, or, in other cases, by a majority of the interested persons;

(3)  be received by the municipality not later than the eighth day following the day on which the notice provided for in section 132 is published.

The provisions of the Act respecting elections and referendums in municipalities (chapter E-2.2) dealing with the manner in which a legal person may exercise its rights, the manner in which qualified voters entitled to have their names entered on the referendum list are to be counted, and applications for the holding of a referendum poll apply, adapted as required, to the signing of an application.

1979, c. 51, s. 133; 1980, c. 16, s. 88; 1987, c. 57, s. 674; 1989, c. 46, s. 8; 1996, c. 25, s. 57.

§ 2.1 . — Adoption and approval of certain by-laws

1996, c. 25, s. 57.

134. Once the public hearing provided for in section 125 has been held, the council of the municipality shall adopt, with or without change, the by-law adopted in draft form under section 124.

The by-law may not contain any provision making it a by-law subject to approval by way of referendum.

The first two paragraphs do not apply if the council has been required to adopt a second draft by-law under section 128. However, even if the council adopts a second draft by-law containing provisions making it a by-law subject to approval by way of referendum that relate to matters in respect of which such provisions were included in the draft by-law provided for in section 124, the council may adopt a by-law containing only provisions not making the by-law a by-law subject to approval by way of referendum that relate to matters in respect of which provisions were included in the latter draft by-law.

1979, c. 51, s. 134; 1987, c. 57, s. 674; 1996, c. 25, s. 57.

135. Where no valid application has been received in respect of a second draft by-law, the council of the municipality shall adopt that draft by-law without change.

In all other cases, the council shall adopt, besides a separate by-law under section 136, if any, a by-law containing the provisions of the second draft by-law in respect of which no valid application has been received. The council may only make changes required by reason of the withdrawal, from the by-law, of the provisions in respect of which valid applications have been received.

1979, c. 51, s. 135; 1987, c. 57, s. 674; 1996, c. 25, s. 57.

136. In cases where a valid application has been received in respect of a provision of the second draft by-law, that provision may only be contained in a by-law that is separate from that referred to in the second paragraph of section 135 and, subject to section 137, separate from any other by-law containing another provision in respect of which a valid application has been made.

The council of the municipality shall adopt such separate by-laws without any change, as compared to the equivalent part of the second draft by-law, other than a change required by reason of the withdrawal, from the by-law, of the provisions contained in the by-law provided for in the second paragraph of section 135 and of any other provisions in respect of which a valid application has been made.

1979, c. 51, s. 136; 1987, c. 57, s. 674; 1996, c. 25, s. 57; 1996, c. 77, s. 6.

136.0.1. Any replacement by-law referred to in section 110.10.1 must be approved by all qualified voters in accordance, having regard to any adaptation under the second paragraph, with the Act respecting elections and referendums in municipalities (chapter E‐2.2).

The 45-day and 120-day periods provided, respectively, by sections 535 and 568 of that Act shall begin to run on the day after either the day referred to in subparagraph 1 or 2 or the later of those days, according to whether, from among the sections of this Act mentioned in those subparagraphs, only one section mentioned in only one subparagraph applies in respect of the by-law or more than one section mentioned in both subparagraphs applies thereto:

(1)  the day on which the regional county municipality approves the by-law under section 137.3 or the day the municipality receives a copy of the assessment of the Commission, provided for in section 137.5, according to which the by-law conforms to the objectives of the RCM plan and to the provisions of the complementary document;

(2)  the day on which the by-law is deemed, under section 137.13, to be in conformity with the planning program.

If the qualified voters withhold approval of a replacement by-law, a new by-law may be adopted within 90 days after the approval was withheld, despite the expiry of the period prescribed in section 110.10.1.

1997, c. 93, s. 32; 2002, c. 68, s. 52; 2010, c. 10, s. 64, s. 110; 2023, c. 12, s. 73.

136.1. Every by-law adopted under section 136 must be approved by the qualified voters, in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2), as provided for in the following paragraphs.

A by-law adopted following an application referred to in the second paragraph of section 130 shall be submitted for the approval of all the qualified voters.

Depending on the case, a by-law adopted following an application referred to in the third paragraph of section 130 shall be submitted for the approval of the qualified voters in any zone comprised within the group referred to in that paragraph or in any zone wholly or partially comprised within the part of the territory referred to in that paragraph.

A by-law adopted following an application referred to in the fourth paragraph of section 130 shall be submitted for the approval of the qualified voters in the zone in which the authorized structures or uses are changed and from which a valid application in respect of the provision referred to in that paragraph originated, and of the qualified voters in any contiguous zone from which an application originates, provided that such an application originates from the zone to which it is contiguous.

A by-law adopted following an application referred to in the fifth paragraph of section 130 shall be submitted for the approval of the qualified voters in the zone in which the by-law applies, and of the qualified voters in any contiguous zone from which a valid application originates in respect of the provision referred to in that paragraph.

A by-law adopted following an application referred to in the sixth paragraph of section 130 shall be submitted for the approval of the qualified voters in the sector in which it applies, and of the qualified voters in any contiguous sector or zone from which a valid application originates in respect of the provision referred to in that paragraph.

Where approval is to be sought under the third, fourth, fifth or sixth paragraph, if the applicable paragraph applies to several zones, the sector concerned, within the meaning of the Act respecting elections and referendums in municipalities, is the aggregate of those zones. For the purposes of this paragraph, a sector of a zone is considered to be a zone in the case of approval sought under the sixth paragraph.

1996, c. 25, s. 57; 1996, c. 77, s. 7; 2006, c. 31, s. 3.

137. A by-law may contain more than one provision in respect of which a valid application has been made to the extent that, were each such provision to be contained in a separate by-law, all the by-laws containing one such provision would have to be approved by the same group of qualified voters.

1979, c. 51, s. 137; 1987, c. 57, s. 674; 1996, c. 25, s. 57.

§ 3 . — Examination of conformity of certain by-laws with the objectives of the RCM plan and with the provisions of the complementary document

1993, c. 3, s. 66; 2002, c. 68, s. 52; 2010, c. 10, s. 65.

137.1. Sections 137.2 to 137.8 apply where an RCM plan is in force in the territory of the municipality.

1993, c. 3, s. 66; 2002, c. 68, s. 52; 2010, c. 10, s. 110.

137.2. As soon as practicable after the adoption of a planning by-law or of a by-law that amends or replaces such a by-law, the clerk or the clerk-treasurer shall transmit a certified copy of the by-law and of the resolution adopting it to the regional county municipality whose territory includes that of the municipality.

However, if the by-law requires the approval of the qualified voters, the documents mentioned in the first paragraph shall be transmitted, as soon as practicable, either after the approval or, at the option of the council, after the adoption of the by-law; the second case applies mandatorily where, under the second paragraph of section 136.0.1, the beginning of the periods provided for in sections 535 and 568 of the Act respecting elections and referendums in municipalities (chapter E-2.2) is delayed. In the latter case, the clerk or the clerk-treasurer shall, when transmitting the documents, notify the regional county municipality that the by-law requires the approval of the qualified voters.

The clerk or clerk-treasurer shall also, as soon as practicable after the date on which the by-law is deemed to have been so approved, transmit a notice specifying that date to the regional county municipality.

1993, c. 3, s. 66; 1994, c. 32, s. 18; 1996, c. 25, s. 58; 1997, c. 93, s. 33; 2002, c. 37, s. 25; 2009, c. 26, s. 2; 2021, c. 10, s. 94; 2021, c. 31, s. 132; 2023, c. 12, s. 74.

137.3. Within 120 days after the documents described in the first paragraph of section 137.2 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the RCM plan and with the provisions of the complementary document or, if not, it shall withhold approval.

However, the council must refuse to give its opinion if the municipality has failed to make a concordance amendment to its planning program or to any of its planning by-laws, except if the proposed amendment

(1)  is a concordance amendment that is a cause of the failure referred to in this paragraph or if not making the amendment would cause such a failure; or

(2)  is necessary, in the regional county municipality’s opinion, for reasons of public safety, public health or environmental protection.

The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons and identify the provisions of the by-law that are not in conformity. The resolution by which the council refuses to give its opinion must identify the concordance amendments the municipality has failed to make.

As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality. However, where the by-law must also be approved by qualified voters and such approval has not been given when the council gives its approval, the documents which must be issued or transmitted under the first paragraph must be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in the third paragraph of section 137.2. However, no certificate of conformity may be issued in respect of a replacement by-law referred to in section 110.10.1 as long as a certificate of conformity has not been issued in respect of the by-law revising the planning program.

As soon as practicable after the adoption of the resolution by which the council of the regional county municipality withholds approval of the by-law or refuses to give its opinion, the secretary shall transmit a certified copy of the resolution to the municipality.

In the case of a replacement by-law referred to in section 110.10.1, a new by-law may be adopted within 90 days after the approval was withheld, despite the expiry of the period prescribed in that section.

1993, c. 3, s. 66; 1996, c. 25, s. 59; 1997, c. 93, s. 34; 2010, c. 10, s. 112; 2023, c. 12, s. 75.

137.4. Where the council of the regional county municipality withholds approval of the by-law or fails to give its opinion within the time prescribed in section 137.3, the council of the municipality may apply to the Commission for an assessment of the conformity of the by-law with the objectives of the RCM plan and the provisions of the complementary document.

The clerk or the clerk-treasurer of the municipality shall notify to the Commission a certified copy of the resolution requesting the assessment and of the by-law concerned. He shall notify a certified copy of the resolution to the regional county municipality.

The copy notified to the Commission must be received by the Commission within 15 days after a copy of the resolution in which approval of the by-law is withheld is transmitted or, as the case may be, the expiry of the period prescribed in section 137.3.

The first, second and third paragraphs do not apply where the municipality has failed to act under the second paragraph of section 137.3.

1993, c. 3, s. 66; 1996, c. 25, s. 60; 2010, c. 10, s. 113; I.N. 2016-01-01 (NCCP); 2021, c. 31, s. 132; 2023, c. 12, s. 76.

137.4.0.1. The council of the municipality may, by resolution, request that the clerk or clerk-treasurer send the by-law to the regional county municipality again once the municipality has remedied the failure that was the reason for a refusal to give an opinion under the second paragraph of section 137.3. The first paragraph of section 137.2 applies to that sending, with the necessary modifications.

2023, c. 12, s. 77.

137.4.1. If the council of the regional county municipality withholds approval of the by-law, the council of the municipality may, instead of applying for the assessment provided for in section 137.4, adopt

(1)  a single by-law containing only the elements of the by-law concerned that did not cause approval to be withheld; or

(2)  a by-law containing only the elements of the by-law concerned that did not cause approval to be withheld together with a by-law containing only the elements of the by-law concerned that caused approval to be withheld.

Sections 124 to 133 do not apply in respect of a by-law adopted under the first paragraph. Section 137.3 does not apply in respect of a by-law containing only the elements that caused approval to be withheld; the council of the municipality may, in the same resolution, apply to the Commission for an assessment under section 137.4, as if approval for such by-law had been withheld by the council of the regional county municipality; the time limit prescribed in the third paragraph of the said section shall be computed in relation to the date of adoption of the by-law.

Any by-law adopted under the first paragraph that contains a provision having resulted in, in respect of the by-law for which approval was withheld by the council of the regional county municipality, the utilization of the process of approval by way of referendum must be approved by the same qualified voters, regardless of any change in the date of reference within the meaning of the Act respecting elections and referendums in municipalities (chapter E-2.2). However, the by-law is deemed to have been so approved on the date of its adoption if, on such date, the by-law for which approval was withheld by the council of the regional county municipality is deemed, under the said Act, to have been approved by the qualified voters.

The first three paragraphs do not apply in respect of a by-law that replaces a by-law in force.

1996, c. 25, s. 61; 1997, c. 93, s. 35.

137.5. The Commission shall give its assessment within 60 days of receiving a copy of the resolution requesting the assessment.

Any assessment stating that the by-law is not in conformity with the objectives of the RCM plan and the provisions of the complementary document may include the suggestions of the Commission on ways to ensure conformity.

The secretary of the Commission shall transmit a copy of the assessment to the municipality and the regional county municipality.

If the assessment indicates that the by-law is in conformity with the objectives of the RCM plan and the provisions of the complementary document, the secretary of the regional county municipality shall, as soon as practicable after receipt of the copy of the assessment, issue a certificate of conformity in respect of the by-law and transmit a certified copy thereof to the municipality. However, where the by-law must also be approved by qualified voters and such approval has not been given when the secretary receives a copy of the assessment of the Commission, the documents which must be issued or transmitted under this paragraph shall be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in the third paragraph of section 137.2. However, no certificate of conformity may be issued in respect of a replacement by-law referred to in section 110.10.1 as long as a certificate of conformity has not been issued in respect of the by-law revising the planning program.

In the case of a replacement by-law referred to in section 110.10.1, a new by-law may be adopted within 90 days after receipt of the assessment stating that the by-law is not in conformity with the objectives of the RCM plan and the provisions of the complementary document, despite the expiry of the period prescribed in that section.

1993, c. 3, s. 66; 1996, c. 25, s. 62; 1997, c. 93, s. 36; 2010, c. 10, s. 66, s. 113; 2023, c. 12, s. 78.

137.6. Where, under section 58 or 59, the municipality is bound to adopt a concordance by-law to take into account the amendment or revision of the RCM plan, if the assessment of the Commission indicates that the by-law is not in conformity with the objectives of the RCM plan and the provisions of the complementary document or if the Commission has received no application for assessment regarding the by-law within the time prescribed in section 137.4, the council of the regional county municipality shall request that the municipality replace the by-law, within the period it prescribes, by another by-law which is in conformity with these objectives and provisions.

As soon as practicable after the adoption of the resolution requesting that the by-law be replaced, the secretary shall transmit a certified copy of the resolution to the municipality.

The period prescribed for replacement shall not expire before the end of the 45-day period following transmission pursuant to the second paragraph.

1993, c. 3, s. 66; 2010, c. 10, s. 112, s. 113.

137.7. Sections 124 to 133 do not apply in respect of a new by-law differing from the by-law it replaces, at the request of the council of the regional county municipality made under section 137.6, for the sole purpose of ensuring that it is in conformity with the objectives of the RCM plan and the provisions of the complementary document.

1993, c. 3, s. 66; 1996, c. 25, s. 63; 2010, c. 10, s. 113.

137.8. Where the council of the municipality fails to adopt, within the time prescribed in section 58 or 59 or under section 137.6, as the case may be, a concordance by-law to take into account the amendment or revision of the plan, the council of the regional county municipality may adopt it in its place.

Sections 124 to 137.6 do not apply in respect of the by-law adopted by the council of the regional county municipality under the first paragraph. The by-law is considered to be a by-law adopted by the council of the municipality and approved by the council of the regional county municipality. As soon as practicable after the adoption of the by-law, the secretary shall issue a certificate of conformity in respect of it.

As soon as practicable after the adoption of the by-law and the issue of the certificate, the secretary shall transmit a certified copy of the by-law, of the resolution by which it is adopted and of the certificate to the municipality. The copy of the by-law transmitted to the municipality shall stand in lieu of the original for the issue by the municipality of certified copies of the by-law.

The expenses incurred by the regional county municipality to act in the place of the municipality shall be reimbursed to it by the municipality.

The first four paragraphs also apply where the council of a municipality fails to adopt, within the period prescribed in section 102 or within the period prescribed pursuant to section 40, as the case may be, a by-law whose object is the amendment of a by-law referred to in the second paragraph of section 102 to bring the latter into conformity with the objectives of the RCM plan and with the provisions of the complementary document.

1993, c. 3, s. 66; 1996, c. 25, s. 64; 2003, c. 19, s. 25; 2010, c. 10, s. 112, s. 113.

§ 4 . — Examination of conformity of certain by-laws with the planning program

1993, c. 3, s. 66.

137.9. Sections 137.10 to 137.14 apply in respect of any by-law which must be in conformity with the planning program under section 59.5, 110.4, 110.5 or 110.10.1. They also apply in respect of any by-law adopted in accordance with the second paragraph of section 102 or with the first paragraph of section 106.

However, those sections do not apply in respect of a by-law adopted by the council of the regional county municipality in accordance with section 137.8. Such a by-law is deemed to be in conformity with the program from the time of its adoption.

1993, c. 3, s. 66; 1997, c. 93, s. 37; 2023, c. 12, s. 79.

137.10. As soon as practicable after the adoption of a by-law to which this section applies, the clerk or the clerk-treasurer of the municipality shall, in accordance with the Act governing the municipality in that respect, give public notice of the adoption of the by-law, explaining the rules prescribed in the first two paragraphs of section 137.11 and in the first paragraph of section 137.12.

1993, c. 3, s. 66; 2021, c. 31, s. 132.

137.11. Any qualified voter of the territory of the municipality may apply, in writing, to the Commission for an assessment of the conformity of the by-law with the planning program.

The application must be transmitted to the Commission within 30 days after publication of the notice provided for in section 137.10.

The secretary of the Commission shall transmit to the municipality a copy of every application transmitted within the prescribed period.

1993, c. 3, s. 66; 1996, c. 25, s. 65; 2005, c. 28, s. 5; 2010, c. 10, s. 67.

137.12. Where the Commission receives applications from at least five qualified voters in the territory of the municipality, filed in accordance with section 137.11 in respect of the by-law, the Commission shall, within 60 days after the expiry of the period prescribed in that section, give its assessment of the conformity of such a by-law with the planning program.

Where the conformity of the by-law with the program is required by section 110.5 or 110.10.1, the program taken into consideration by the Commission is the program amended or revised by the by-law referred to in the said section, even if the by-law is not in force.

Any assessment stating that the by-law is not in conformity with the planning program may include the suggestions of the Commission on ways to ensure conformity.

The secretary of the Commission shall transmit a copy of the assessment to the municipality and to every applicant.

The clerk or the clerk-treasurer of the municipality shall post in the office of the municipality the copy of the assessment received.

1993, c. 3, s. 66; 1997, c. 93, s. 38; 2021, c. 31, s. 132.

137.13. Where the Commission does not receive applications from at least five qualified voters in the territory of the municipality, filed in accordance with section 137.11 in respect of the by-law, the by-law is deemed to be in conformity with the planning program from the expiry of the period prescribed in that section.

The by-law is also deemed to be in conformity with the planning program from the date on which the Commission gives, in accordance with section 137.12, an assessment confirming such conformity.

1993, c. 3, s. 66.

137.14. The council of the municipality must adopt a new by-law to replace a by-law which is not deemed under section 137.13 to be in conformity with the program, so as to ensure such conformity.

Sections 124 to 133 do not apply in respect of a new by-law differing from the by-law it replaces for the sole purpose of ensuring that it is in conformity with the program.

The new by-law must be adopted before the expiry of the period which ends on the later of the date of expiry of the period prescribed for the adoption of the by-law it replaces and a period of 90 days after the day on which the Commission gives its assessment of whether or not the by-law is in conformity with the program. In the case of a replacement by-law referred to in section 110.10.1, the new by-law may be adopted despite the expiry of the period prescribed in that section.

1993, c. 3, s. 66; 1996, c. 25, s. 66; 2010, c. 10, s. 68; 2023, c. 12, s. 80.

§ 5 . — Coming into force of certain by-laws

1993, c. 3, s. 66.

137.15. Every by-law to which sections 137.2 to 137.7 apply or which is adopted by the council of the regional county municipality in accordance with section 137.8 comes into force on the date on which the certificate of conformity is issued. It is deemed to be in conformity with the objectives of the RCM plan and with the provisions of the complementary document.

However, where sections 137.10 to 137.14 apply also to the by-law, the by-law comes into force on the later of the date on which the certificate of conformity is issued and the date from which, according to section 137.13, it is deemed to be in conformity with the planning program.

A by-law may, however, provide that it comes into force on any date after the date determined in accordance with the first or second paragraph.

As soon as practicable after the coming into force of the by-law, the clerk or the clerk-treasurer of the municipality shall publish a notice thereof in a newspaper circulated in the territory of the municipality and post it in the office of the municipality.

1993, c. 3, s. 66; 2010, c. 10, s. 113; 2021, c. 31, s. 132; 2023, c. 12, s. 81.

137.16. Every by-law referred to in section 123 of a municipality in whose territory no metropolitan plan or RCM plan is in force shall come into force, subject to section 105, in accordance with the Act governing the municipality in that respect.

No by-law to which sections 137.10 to 137.14 apply may come into force earlier than the date from which, according to section 137.13, it is deemed to be in conformity with the planning program.

A replacement by-law referred to in section 110.10.1 must not come into force before the by-law revising the planning program.

1993, c. 3, s. 66; 1996, c. 25, s. 67; 1997, c. 93, s. 39; 2002, c. 68, s. 52; 2010, c. 10, s. 69; 2023, c. 12, s. 82.

137.17. As soon as practicable after the coming into force of the by-law, the clerk or the clerk-treasurer of the municipality shall transmit a certified copy thereof with a notice of the date on which it comes into force to the regional county municipality.

The first paragraph does not apply in respect of a by-law adopted by the council of the regional county municipality under section 137.8.

1993, c. 3, s. 66; 1996, c. 25, s. 68; 2003, c. 19, s. 26; 2021, c. 31, s. 132.

138. (Replaced).

1979, c. 51, s. 138; 1987, c. 57, s. 674.

139. (Replaced).

1979, c. 51, s. 139; 1980, c. 16, s. 89; 1987, c. 57, s. 674.

140. (Replaced).

1979, c. 51, s. 140; 1980, c. 16, s. 90; 1987, c. 57, s. 674.

141. (Replaced).

1979, c. 51, s. 141; 1987, c. 57, s. 674.

142. (Replaced).

1979, c. 51, s. 142; 1987, c. 57, s. 674.

143. (Replaced).

1979, c. 51, s. 143; 1987, c. 57, s. 674.

144. (Replaced).

1979, c. 51, s. 144; 1987, c. 57, s. 674.

145. (Replaced).

1979, c. 51, s. 145; 1987, c. 57, s. 674.

DIVISION VI MINOR EXEMPTIONS FROM PLANNING BY-LAWS

1985, c. 27, s. 6.