A-19.1 - Act respecting land use planning and development

Section 53.11.7 Disposition versions

2023-12-01

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.

2010-06-02

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.

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.

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. 16.