I-13.3, r. 2.02 - Regulation respecting the other conditions and procedures applicable to the scheme for the transfer of an immovable by a local municipality to a school service centre under section 272.2 of the Education Act

Section 1 Disposition versions

2021-08-25

1. Land acquired by a school service centre under the scheme provided for by sections 272.2 to 272.13 of the Education Act (chapter I-13.3) must have the following characteristics:

(1)  be situated inside an urbanization perimeter entered on the land use and development plan applicable to the territory of the municipality in which the land is situated and, subject to the fourth paragraph of section 272.12, in a zone usable for its intended purpose;

(2)  not be situated inside a zone specified in a land use or development plan or in an interim control by-law where land occupation is subject to special restrictions for reasons of public safety such as flood zones, erosion zones or landslide zones;

(3)  be served, or be served in a timely fashion, by a public road and by municipal waterworks and sewer systems of sufficient capacity to meet the needs of the school or centre whose construction or enlargement is proposed;

(4)  have a sufficient area and a configuration allowing for the construction of the proposed school or centre, including the development of its outdoor facilities;

(5)  have stable soil allowing for an immovable to be built in normal conditions, in particular by being free of physical characteristics that would require the implementation of exceptional measures to perform the work;

(6)  be free of wetland or a body of water within the meaning of the Environment Quality Act (chapter Q-2), unless the wetland or body of water is not included in the area calculation and does not alter the configuration requirements provided for in paragraph 3, does not hinder the construction or enlargement of the proposed school or centre or the development of its outdoor facilities, and does not make those activities subject to obtaining an authorization under subparagraph 4 of the first paragraph of section 22 of that Act or make them eligible for a declaration of compliance under section 31.0.6 of that Act;

(7)  not constitute, in whole or in part, the habitat of a wildlife species referred to in the Regulation respecting threatened or vulnerable wildlife species and their habitats (chapter E-12.01, r. 2) as demarcated on a chart provided for in section 11 of the Act respecting threatened or vulnerable species (chapter E-12.01) or the habitat of a plant species referred to in the Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3);

(8)  not be a territory appearing in a register provided for in sections 5, 6.1 and 24.1 of the Natural Heritage Conservation Act (chapter C-61.01);

(9)  not have been the subject of a notice of contamination in the land register, unless a notice of decontamination attesting that the quantity or concentration of contaminants does not exceed the limit values prescribed by Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) has been registered in the land register;

(10)  not have been used in whole or in part as a residual materials elimination site, unless a residual materials removal notice has been registered in the land register under section 65.4 of the Environment Quality Act;

(11)  not be a site where an industrial or commercial activity identified in Schedule III to the Land Protection and Rehabilitation Regulation has been carried on, unless a characterization study establishes that the quantity or concentration of contaminants found there does not exceed the limit values in Schedule I to the Regulation.

O.C. 1093-2021, s. 1.

Not in force

In force: 2021-08-25

1. Land acquired by a school service centre under the scheme provided for by sections 272.2 to 272.13 of the Education Act (chapter I-13.3) must have the following characteristics:

(1)  be situated inside an urbanization perimeter entered on the land use and development plan applicable to the territory of the municipality in which the land is situated and, subject to the fourth paragraph of section 272.12, in a zone usable for its intended purpose;

(2)  not be situated inside a zone specified in a land use or development plan or in an interim control by-law where land occupation is subject to special restrictions for reasons of public safety such as flood zones, erosion zones or landslide zones;

(3)  be served, or be served in a timely fashion, by a public road and by municipal waterworks and sewer systems of sufficient capacity to meet the needs of the school or centre whose construction or enlargement is proposed;

(4)  have a sufficient area and a configuration allowing for the construction of the proposed school or centre, including the development of its outdoor facilities;

(5)  have stable soil allowing for an immovable to be built in normal conditions, in particular by being free of physical characteristics that would require the implementation of exceptional measures to perform the work;

(6)  be free of wetland or a body of water within the meaning of the Environment Quality Act (chapter Q-2), unless the wetland or body of water is not included in the area calculation and does not alter the configuration requirements provided for in paragraph 3, does not hinder the construction or enlargement of the proposed school or centre or the development of its outdoor facilities, and does not make those activities subject to obtaining an authorization under subparagraph 4 of the first paragraph of section 22 of that Act or make them eligible for a declaration of compliance under section 31.0.6 of that Act;

(7)  not constitute, in whole or in part, the habitat of a wildlife species referred to in the Regulation respecting threatened or vulnerable wildlife species and their habitats (chapter E-12.01, r. 2) as demarcated on a chart provided for in section 11 of the Act respecting threatened or vulnerable species (chapter E-12.01) or the habitat of a plant species referred to in the Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3);

(8)  not be a territory appearing in a register provided for in sections 5, 6.1 and 24.1 of the Natural Heritage Conservation Act (chapter C-61.01);

(9)  not have been the subject of a notice of contamination in the land register, unless a notice of decontamination attesting that the quantity or concentration of contaminants does not exceed the limit values prescribed by Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) has been registered in the land register;

(10)  not have been used in whole or in part as a residual materials elimination site, unless a residual materials removal notice has been registered in the land register under section 65.4 of the Environment Quality Act;

(11)  not be a site where an industrial or commercial activity identified in Schedule III to the Land Protection and Rehabilitation Regulation has been carried on, unless a characterization study establishes that the quantity or concentration of contaminants found there does not exceed the limit values in Schedule I to the Regulation.

O.C. 1093-2021, s. 1.