A-19.1 - Act respecting land use planning and development

Section 123 Disposition versions

2023-09-01

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, 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.

2023-06-01

123. Sections 124 to 127 apply with respect to

(1)  zoning, subdivision and building by-laws;

(2)  by-laws adopted under section 116;

(3)  by-laws under any of the provisions of Divisions VI to XII or Chapter V.0.1;

(4)  by-laws to amend or replace a by-law mentioned in subparagraphs 1 to 3.

However, sections 124 to 127 do not apply to by-laws applicable to unorganized territories that are not subject to approval by way of referendum. Moreover, if, in order to fulfil the obligation under section 110.10.1 to adopt, on the same day, the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council must readopt the replacement by-law without amendment, sections 124 to 127 do not apply in respect of the readopted by-law. For the purposes of section 134, that by-law is deemed to have been the subject of a draft by-law as provided in section 124.

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 a zoning or subdivision by-law by adding, amending, replacing or striking out a provision bearing on a matter mentioned in any of subparagraphs 1 to 5, 6, 10, 11 and 16.1 to 23 of the second paragraph of section 113 or in the third paragraph of the said section, or a matter mentioned in any of subparagraphs 1, 3 and 4.1 of the second paragraph of section 115; and

(2)  is not a concordance by-law enacting, pursuant to section 58, 59, 59.5, 102 or 110.4, an amendment referred to in subparagraph 1 for the sole purpose of taking into account an amendment to or 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, 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.

2021-04-01

123. Sections 124 to 127 apply with respect to

(1)  zoning, subdivision and building by-laws;

(2)  by-laws adopted under section 116;

(3)  by-laws under any of the provisions of Divisions VI to XII or Chapter V.0.1;

(4)  by-laws to amend or replace a by-law mentioned in subparagraphs 1 to 3.

However, sections 124 to 127 do not apply to by-laws applicable to unorganized territories that are not subject to approval by way of referendum. Moreover, if, in order to fulfil the obligation under section 110.10.1 to adopt, on the same day, the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council must readopt the replacement by-law without amendment, sections 124 to 127 do not apply in respect of the readopted by-law. For the purposes of section 134, that by-law is deemed to have been the subject of a draft by-law as provided in section 124.

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 a zoning or subdivision by-law by adding, amending, replacing or striking out a provision bearing on a matter mentioned in any of subparagraphs 1 to 5, 6, 10, 11 and 16.1 to 23 of the second paragraph of section 113 or in the third paragraph of the said section, or a matter mentioned in any of subparagraphs 1, 3 and 4.1 of the second paragraph of section 115; and

(2)  is not a concordance by-law enacting, pursuant to section 58, 59, 59.5, 102 or 110.4, an amendment referred to in subparagraph 1 for the sole purpose of taking into account an amendment to or 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 conditional use by-law provided for in section 145.31 or any by-law that amends or replaces the conditional use by-law is also subject to approval by way of referendum.

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.

2017-06-16

123. Sections 124 to 127 apply with respect to

(1)  zoning, subdivision and building by-laws;

(2)  by-laws adopted under section 116;

(3)  by-laws under any of the provisions of Divisions VI to XI;

(4)  by-laws to amend or replace a by-law mentioned in subparagraphs 1 to 3.

However, sections 124 to 127 do not apply to by-laws applicable to unorganized territories that are not subject to approval by way of referendum. Moreover, if, in order to fulfil the obligation under section 110.10.1 to adopt, on the same day, the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council must readopt the replacement by-law without amendment, sections 124 to 127 do not apply in respect of the readopted by-law. For the purposes of section 134, that by-law is deemed to have been the subject of a draft by-law as provided in section 124.

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 a zoning or subdivision by-law by adding, amending, replacing or striking out a provision bearing on a matter mentioned in any of subparagraphs 1 to 5, 6, 10, 11 and 16.1 to 23 of the second paragraph of section 113 or in the third paragraph of the said section, or a matter mentioned in any of subparagraphs 1, 3 and 4.1 of the second paragraph of section 115; and

(2)  is not a concordance by-law enacting, pursuant to section 58, 59, 59.5, 102 or 110.4, an amendment referred to in subparagraph 1 for the sole purpose of taking into account an amendment to or 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 conditional use by-law provided for in section 145.31 or any by-law that amends or replaces the conditional use by-law is also subject to approval by way of referendum.

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.

2010-06-02

123. Sections 124 to 127 apply with respect to

(1)  zoning, subdivision and building by-laws;

(2)  by-laws adopted under section 116;

(3)  by-laws under any of the provisions of Divisions VI to XI;

(4)  by-laws to amend or replace a by-law mentioned in subparagraphs 1 to 3.

However, sections 124 to 127 do not apply to by-laws applicable to unorganized territories that are not subject to approval by way of referendum. Moreover, if, in order to fulfil the obligation under section 110.10.1 to adopt, on the same day, the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council must readopt the replacement by-law without amendment, sections 124 to 127 do not apply in respect of the readopted by-law. For the purposes of section 134, that by-law is deemed to have been the subject of a draft by-law as provided in section 124.

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 a zoning or subdivision by-law by adding, amending, replacing or striking out a provision bearing on a matter mentioned in any of subparagraphs 1 to 5, 6, 10, 11 and 16.1 to 22 of the second paragraph of section 113 or in the third paragraph of the said section, or a matter mentioned in any of subparagraphs 1, 3 and 4.1 of the second paragraph of section 115; and

(2)  is not a concordance by-law enacting, pursuant to section 58, 59, 59.5, 102 or 110.4, an amendment referred to in subparagraph 1 for the sole purpose of taking into account an amendment to or 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 conditional use by-law provided for in section 145.31 or any by-law that amends or replaces the conditional use by-law is also subject to approval by way of referendum.

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.

2002-12-19

123. Sections 124 to 127 apply with respect to

(1)  zoning, subdivision and building by-laws;

(2)  by-laws adopted under section 116;

(3)  by-laws under any of the provisions of Divisions VI to XI;

(4)  by-laws to amend or replace a by-law mentioned in subparagraphs 1 to 3.

However, sections 124 to 127 do not apply to by-laws applicable to unorganized territories that are not subject to approval by way of referendum. Moreover, if, in order to fulfil the obligation under section 110.10.1 to adopt, on the same day, the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council must readopt the replacement by-law without amendment, sections 123 to 127 do not apply in respect of the readopted by-law. For the purposes of section 134, that by-law is deemed to have been the subject of a draft by-law as provided in section 124.

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 a zoning or subdivision by-law by adding, amending, replacing or striking out a provision bearing on a matter mentioned in any of subparagraphs 1 to 5, 6, 10, 11 and 16.1 to 22 of the second paragraph of section 113 or in the third paragraph of the said section, or a matter mentioned in any of subparagraphs 1, 3 and 4.1 of the second paragraph of section 115; and

(2)  is not a concordance by-law enacting, pursuant to section 58, 59, 102 or 110.4, an amendment referred to in subparagraph 1 for the sole purpose of taking into account an amendment to or revision of the land use planning and development 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 conditional use by-law provided for in section 145.31 or any by-law that amends or replaces the conditional use by-law is also subject to approval by way of referendum.

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.

2002-06-14

123. Sections 124 to 127 apply with respect to

(1)  zoning, subdivision and building by-laws;

(2)  by-laws adopted under section 116;

(3)  by-laws under any of the provisions of Divisions VI to XI;

(4)  by-laws to amend or replace a by-law mentioned in subparagraphs 1 to 3.

However, sections 124 to 127 do not apply to by-laws applicable to unorganized territories that are not subject to approval by way of referendum. Moreover, if, in order to fulfil the obligation under section 110.10.1 to adopt, on the same day, the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council must readopt the replacement by-law without amendment, sections 123 to 127 do not apply in respect of the readopted by-law. For the purposes of section 134, that by-law is deemed to have been the subject of a draft by-law as provided in section 124.

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 a zoning or subdivision by-law by adding, amending, replacing or striking out a provision bearing on a matter mentioned in any of subparagraphs 1 to 5, 6, 10, 11 and 16.1 to 22 of the second paragraph of section 113 or in the third paragraph of the said section, or a matter mentioned in any of subparagraphs 1, 3 and 4.1 of the second paragraph of section 115; and

(2)  is not a concordance by-law enacting, pursuant to section 58, 59, 102 or 110.4, an amendment referred to in subparagraph 1 for the sole purpose of taking into account an amendment to or revision of the development 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 conditional use by-law provided for in section 145.31 or any by-law that amends or replaces the conditional use by-law is also subject to approval by way of referendum.

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.

1997-12-19

123. Sections 124 to 127 apply with respect to

(1)  zoning, subdivision and building by-laws;

(2)  by-laws adopted under section 116;

(3)  by-laws concerning minor exemptions from a planning by-law, comprehensive development plans, site planning and architectural integration programs, and municipal works agreements;

(4)  by-laws to amend or replace a by-law mentioned in subparagraphs 1 to 3.

However, sections 124 to 127 do not apply to by-laws applicable to unorganized territories that are not subject to approval by way of referendum. Moreover, if, in order to fulfil the obligation under section 110.10.1 to adopt, on the same day, the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council must readopt the replacement by-law without amendment, sections 123 to 127 do not apply in respect of the readopted by-law. For the purposes of section 134, that by-law is deemed to have been the subject of a draft by-law as provided in section 124.

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 a zoning or subdivision by-law by adding, amending, replacing or striking out a provision bearing on a matter mentioned in any of subparagraphs 1 to 5, 6, 10, 11 and 16.1 to 22 of the second paragraph of section 113 or in the third paragraph of the said section, or a matter mentioned in any of subparagraphs 1, 3 and 4.1 of the second paragraph of section 115; and

(2)  is not a concordance by-law enacting, pursuant to section 58, 59, 102 or 110.4, an amendment referred to in subparagraph 1 for the sole purpose of taking into account an amendment to or revision of the development plan or the coming into force of the original planning program or of the amendment to or revision of the planning program.

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.

1996-11-01

123. Sections 124 to 127 apply with respect to

(1)  zoning, subdivision and building by-laws;

(2)  by-laws adopted under section 116;

(3)  by-laws concerning minor exemptions from a planning by-law, comprehensive development plans, site planning and architectural integration programs, and municipal works agreements;

(4)  by-laws to amend a by-law mentioned in subparagraphs 1 to 3.

However, sections 124 to 127 do not apply to by-laws applicable to unorganized territories that are not subject to approval by way of referendum.

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 a zoning or subdivision by-law by adding, amending, replacing or striking out a provision bearing on a matter mentioned in any of subparagraphs 1 to 5, 6, 10, 11 and 16.1 to 22 of the second paragraph of section 113 or in the third paragraph of the said section, or a matter mentioned in any of subparagraphs 1, 3 and 4.1 of the second paragraph of section 115; and

(2)  is not a concordance by-law enacting, pursuant to section 58, 59, 102 or 110.4, an amendment referred to in subparagraph 1 for the sole purpose of taking into account an amendment to or revision of the development plan or the coming into force or amendment of the planning program.

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.

1994-06-17

123. A by-law the object of which is the adoption of a zoning, subdivision or building by-law or a by-law concerning minor exemptions from a planning by-law, comprehensive development programs, site planning and architectural integration programs or municipal works agreements, if it has not been submitted to the consultation provided for in section 95 at the same time as the planning program, must be submitted to consultation in accordance with sections 124 to 130.

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.

1993-05-01

123. A by-law the object of which is the adoption of a zoning, subdivision or building by-law or a by-law concerning minor exemptions from a planning by-law, comprehensive development programmes or site planning and architectural integration programmes, if it has not been submitted to the consultation provided for in section 95 at the same time as the planning programme, must be submitted to consultation in accordance with sections 124 to 130.

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.

1989-06-22

123. A by-law the object of which is the adoption, amendment or repeal of a zoning, subdivision or building by-law or a by-law concerning minor exemptions from a planning by-law, comprehensive development programmes or site planning and architectural integration programmes, if it has not been submitted to the consultation provided for in section 95 at the same time as the planning programme, must be submitted to consultation in accordance with sections 124 to 130.

A by-law the object of which is to repeal or amend a provision dealing with any matter contemplated in subparagraphs 1 to 6 and 10 to 22 of the second paragraph of section 113 comes into force only after it has been approved in accordance with sections 131 to 137.

A by-law the object of which is to repeal or amend a provision dealing with any matter contemplated in subparagraphs 1, 3 and 4 of the second paragraph of section 115 comes into force only after it has been approved in accordance with sections 131 to 137.

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.

1988-01-01

123. A by-law the object of which is the adoption, amendment or repeal of a zoning, subdivision or building by-law or a by-law having as its object to allow the council to grant minor exemptions, if it has not been submitted to the consultation provided for in section 95 at the same time as the planning programme, must be submitted to consultation in accordance with sections 124 to 130.

A by-law the object of which is to repeal or amend a provision dealing with any matter contemplated in subparagraphs 1 to 6 and 10 to 22 of the second paragraph of section 113 comes into force only after it has been approved in accordance with sections 131 to 137.

A by-law the object of which is to repeal or amend a provision dealing with any matter contemplated in subparagraphs 1, 3 and 4 of the second paragraph of section 115 comes into force only after it has been approved in accordance with sections 131 to 137.

1979, c. 51, s. 123; 1982, c. 2, s. 77; 1985, c. 27, s. 5; 1987, c. 57, s. 673.

1985-06-20

123. A by-law the object of which is the adoption, amendment or repeal of a zoning, subdivision or building by-law or a by-law having as its object to allow the council to grant minor exemptions, if it has not been submitted to the consultation provided for in section 95 at the same time as the planning programme, must be submitted to consultation in accordance with sections 124 to 130.

A by-law the object of which is to repeal or amend a provision dealing with any matter contemplated in subparagraphs 1 to 6 and 10 to 22 of the second paragraph of section 113 comes into force only after it has been approved in accordance with sections 131 to 145.

A by-law the object of which is to repeal or amend a provision dealing with any matter contemplated in subparagraphs 1, 3 and 4 of the second paragraph of section 115 comes into force only after it has been approved in accordance with sections 131 to 145.

1979, c. 51, s. 123; 1982, c. 2, s. 77; 1985, c. 27, s. 5.

1982-02-24

123. A by-law the object of which is the adoption, amendment or repeal of a zoning, subdivision or building by-law, if it has not been submitted to the consultation provided for in section 95 at the same time as the planning programme, must be submitted to consultation in accordance with sections 124 to 130.

A by-law the object of which is to repeal or amend a provision dealing with any matter contemplated in subparagraphs 1 to 6 and 10 to 22 of the second paragraph of section 113 comes into force only after it has been approved in accordance with sections 131 to 145.

A by-law the object of which is to repeal or amend a provision dealing with any matter contemplated in subparagraphs 1, 3 and 4 of the second paragraph of section 115 comes into force only after it has been approved in accordance with sections 131 to 145.

1979, c. 51, s. 123; 1982, c. 2, s. 77.

1980-04-15

123. A by-law the object of which is the adoption, amendment or repeal of a zoning, subdivision or building by-law, if it has not been submitted to the consultation provided for in section 95 at the same time as the planning programme, must be submitted to consultation in accordance with sections 124 to 130.

A by-law the object of which is to repeal or amend a by-law dealing with any of subparagraphs 1 to 6 and 10 to 22 of the second paragraph of section 113 comes into force only after it has been approved in accordance with sections 131 to 145.

A by-law the object of which is to repeal or amend a by-law dealing with any of subparagraphs 1, 3 and 4 of the second paragraph of section 115 comes into force only after it has been approved in accordance with sections 131 to 145.

1979, c. 51, s. 123.