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C-27.1 - Municipal Code of Québec

Section 493
Disposition versions

Full text
493. (Repealed).
1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259; 1992, c. 65, s. 43; 1994, c. 14, s. 34; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.
493. Any local municipality may make, amend or repeal by-laws to prohibit, for a period not exceeding 12 months, the demolition of any immovable appropriate to constitute cultural property within the meaning of the Cultural Property Act (chapter B-4) or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.
Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition.
However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.
Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.
If, at the expiry of the time of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.
The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000.
1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259; 1992, c. 65, s. 43; 1994, c. 14, s. 34; 1996, c. 2, s. 455; 1999, c. 40, s. 60.
493. Any local municipality may make, amend or repeal by-laws to prohibit, for a period not exceeding 12 months, the demolition of any immovable appropriate to constitute cultural property within the meaning of the Cultural Property Act (chapter B-4) or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.
Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition.
However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.
Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.
If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.
The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000.
1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259; 1992, c. 65, s. 43; 1994, c. 14, s. 34; 1996, c. 2, s. 455.
493. Any local corporation may make, amend or repeal by-laws to prohibit, for a period not exceeding 12 months, the demolition of any immovable appropriate to constitute cultural property within the meaning of the Cultural Property Act (chapter B-4) or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.
Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition.
However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.
Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.
If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.
The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000.
1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259; 1992, c. 65, s. 43; 1994, c. 14, s. 34.
493. Any local corporation may make, amend or repeal by-laws to prohibit, for a period not exceeding 12 months, the demolition of any immovable appropriate to constitute cultural property within the meaning of the Cultural Property Act (chapter B-4) or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.
Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition.
However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.
Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.
If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.
The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000.
1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259; 1992, c. 65, s. 43.
493. Any local corporation may make, amend or repeal by-laws to prohibit, for a period not exceeding 12 months, the demolition of any immovable appropriate to constitute cultural property within the meaning of the Cultural Property Act (chapter B-4) or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.
Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition.
However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.
Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.
If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.
The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000.
1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259.
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