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P-41.1 - Act respecting the preservation of agricultural land and agricultural activities
FrançaisArticle 59
Versions de la disposition
59. A regional county municipality or a community may apply to the commission to determine in which cases and under which conditions new uses of land for residential purposes may be introduced in an agricultural zone.
In addition to the regional county municipality or the community, the local municipality concerned and the certified association are interested persons in relation to the application. A copy of the application must be sent to them by the regional county municipality or the community making the application.
The application must concern
1° a destructured tract of land in the agricultural zone ; or
2° lots having an area sufficient to avoid destructuring the agricultural zone, situated in sectors identified in the RCM land use and development plan, in the metropolitan land use and development plan or in a draft amendment or revision of such a plan.
In the territory of a municipality included in any of the groups identified in the decree made under section 58.7, the application must also concern:
1° lots presenting significant constraints for the practice of agricultural activities situated outside a dynamic agricultural land use sector identified in the RCM land use and development plan, in the metropolitan land use and development plan or in a draft amendment or revision of such a plan; or
2° lots adjacent to a public road and served by public water and sanitary sewer services.
The application must contain the information required by the commission, including the information required for the purposes of section 62. If this is not a first application, the application must be submitted together with a report on the building permits issued under any previous decision of collective scope.
An application of collective scope is admissible if the commission has received a statement indicating that the application is consistent with the RCM land use and development plan, the metropolitan land use and development plan and, if applicable, with the interim control measures in force in the territory of the regional county municipality or the community.
The application is also admissible upon receipt of a statement from the Minister of Municipal Affairs, Regions and Land Occupancy indicating that the application is consistent with the government policy directions relating to a draft amendment to the RCM land use and development plan or to the metropolitan land use and development plan.
The commission shall enter every admissible application in the general register and inform the interested persons.
For the purposes of this section, Municipalité de Baie-James is deemed to be a regional county municipality.
59. A regional county municipality or a community may apply to the commission to determine in which cases and under which conditions new uses of land for residential purposes may be introduced in an agricultural zone.
In addition to the regional county municipality or the community, the local municipality concerned and the certified association are interested persons in relation to the application. A copy of the application must be sent to them by the regional county municipality or the community making the application.
The application must concern
1° a destructured tract of land in the agricultural zone ; or
2° lots having an area sufficient to avoid destructuring the agricultural zone, situated in sectors identified in the RCM land use and development plan, in the metropolitan land use and development plan or in a draft amendment or revision of such a plan.
The application must contain the information required by the commission, including the information required for the purposes of sections 61.1 and 62.
However, an application that relates to a proposed amendment or revision of the RCM land use and development plan or the metropolitan land use and development plan may only be made from the day the draft amendment or draft revised plan may be adopted under, as the case may be, the second paragraph of section 53.5 or the second paragraph of section 56.6 of the Act respecting land use planning and development (chapter A-19.1).
The commission shall enter every admissible application in the general register and inform the interested persons.
For the purposes of this section, Municipalité de Baie-James is deemed to be a regional county municipality.
59. A regional county municipality or a community may apply to the commission to determine in which cases and under which conditions new uses of land for residential purposes may be introduced in an agricultural zone.
In addition to the regional county municipality or the community, the local municipality concerned and the certified association are interested persons in relation to the application. A copy of the application must be sent to them by the regional county municipality or the community making the application.
The application must concern
1° a destructured tract of land in the agricultural zone ; or
2° lots having an area sufficient to avoid destructuring the agricultural zone, situated in sectors identified in the land use planning and development plan or in a draft amendment or revision of such a plan.
The application must contain the information required by the commission, including the information required for the purposes of sections 61.1 and 62.
However, an application that relates to a draft amendment or revision of the land use planning and development plan may be made only after the consultation period provided for in the second paragraph of section 53.5 or, where applicable, the second paragraph of section 56.6 of the Act respecting land use planning and development (chapter A-19.1).
The commission shall enter every admissible application in the general register and inform the interested persons.
For the purposes of this section, Municipalité de Baie-James is deemed to be a regional county municipality.
59. A regional county municipality or a community may apply to the commission to determine in which cases and under which conditions new uses of land for residential purposes may be introduced in an agricultural zone.
In addition to the regional county municipality or the community, the local municipality concerned and the certified association are interested persons in relation to the application. A copy of the application must be sent to them by the regional county municipality or the community making the application.
The application must concern
1° a destructured tract of land in the agricultural zone ; or
2° lots having an area sufficient to avoid destructuring the agricultural zone, situated in sectors identified in the development plan or in a draft amendment or revision of such a plan.
The application must contain the information required by the commission, including the information required for the purposes of sections 61.1 and 62.
However, an application that relates to a draft amendment or revision of the development plan may be made only after the consultation period provided for in the second paragraph of section 53.5 or, where applicable, the second paragraph of section 56.6 of the Act respecting land use planning and development (chapter A-19.1).
The commission shall enter every admissible application in the general register and inform the interested persons.
For the purposes of this section, Municipalité de Baie-James is deemed to be a regional county municipality.
59. A local municipality may apply to the commission to determine the cases and circumstances in which its zoning by-law would allow the introduction of new uses of land for residential purposes in an agricultural zone, at the places it indicates.
The application must be submitted with favourable assessments from the regional county municipality or community and the certified association, and any document required by the commission.
59. The local municipality shall consider the application and it may, for that purpose, hear the applicant and any interested person and require such information and documents as it considers relevant.
The local municipality must transmit the application, make a recommendation to the commission and notify the applicant thereof before the expiry of 30 days from receipt of the application. The local municipality shall indicate whether the application is consistent with its by-laws. Failing that, the applicant may apply to the commission.
Where the application deals with the inclusion or exclusion of a lot, the commission shall obtain the advice of the regional county municipality or of the community, which shall transmit its advice to the commission within 60 days after the application. The regional county municipality or the community shall indicate whether the application is consistent with the interim control by-law, the development plan or the complementary document in force. Failing that, the applicant may apply to the commission.
The recommendation provided for in the second paragraph or the advice provided for in the third paragraph shall be substantiated, taking into account the criteria described in section 62.
59. The municipal corporation shall consider the application and it may, for that purpose, hear the applicant and any interested person and require such information and documents as it considers relevant.
The municipal corporation must transmit the application, make a recommendation to the commission and notify the applicant thereof before the expiry of thirty days from receipt of the application. The municipal corporation shall indicate whether the application is consistent with its by-laws. Failing that, the applicant may apply to the commission.
Where the application deals with the inclusion or exclusion of a lot, the commission shall obtain the advice of the regional county municipality or of the community, which shall transmit its advice to the commission within sixty days after the application. The regional county municipality or the community shall indicate whether the application is consistent with the interim control by-law, the development plan or the complementary document in force. Failing that, the applicant may apply to the commission.
The recommendation provided for in the second paragraph or the advice provided for in the third paragraph shall be substantiated, taking into account the criteria described in section 62.
59. The municipal corporation shall consider the application and it may, for that purpose, hear the applicant and any interested person and require such information and documents as it considers relevant.
The municipal corporation must transmit the application, make a recommendation to the commission and notify the applicant thereof before the expiry of thirty days from receipt of the application, failing which, the applicant may apply to the commission.
Where the application deals with the inclusion or exclusion of a lot, the commission shall obtain the advice of the regional county municipality or of the community, which shall transmit its advice to the commission within sixty days after the application. Failing that, the applicant may apply to the commission.
The recommendation provided for in the second paragraph or the advice provided for in the third paragraph shall be substantiated, taking into account the criteria described in sections 12 and 62.
59. The municipal corporation shall consider the application and it may, for that purpose, hear the applicant and any interested person and require such information and documents as it considers relevant.
The municipal corporation must transmit the application, make a recommendation to the commission and notify the applicant thereof before the expiry of thirty days from receipt of the application, failing which, the applicant may apply to the commission.
