A-19.1 - Act respecting land use planning and development

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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.
123.1. Despite the third and fourth paragraphs of section 123, a provision to enable the carrying out of a project relating to the following objects does not make a by-law subject to approval by way of referendum:
(1)  collective equipment within the meaning of the second 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); and
(3)  a cemetery.
Collective equipment consists of buildings and facilities that are public property intended for collective use in the health, education, culture, sports and recreation sectors.
2017, c. 13, s. 12; 2018, c. 8, s. 1.
123.1. Despite the third and fourth paragraphs of section 123, a provision to enable the carrying out of a project relating to the following objects does not make a by-law subject to approval by way of referendum:
(1)  collective equipment within the meaning of the second paragraph; and
(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).
Collective equipment consists of buildings and facilities that are public property intended for collective use in the health, education, culture, sports and recreation sectors.
2017, c. 13, s. 12.