P-41.1 - Act respecting the preservation of agricultural land and agricultural activities

Full text
65. A regional county municipality or a community wishing to apply for the exclusion of a lot from the agricultural zone, for its own purposes or for a project of which it is the promoter, must apply therefor to the local municipality in whose territory the lot is situated and forward a copy of the application to the commission.
A local municipality wishing to make an application under the first paragraph may do so, with the support of the regional county municipality or the community concerned, by transmitting its application directly to the commission together with the statement as to whether the application is consistent with its zoning by-law, with the interim control measures, if any, and with any other document required by the commission.
An application for exclusion made by an applicant other than an applicant mentioned in the first or second paragraph is not admissible.
Sections 58.1 to 58.4, adapted as required, apply to an application for exclusion.
1978, c. 10, s. 65; 1985, c. 26, s. 22; 1989, c. 7, s. 24; 1996, c. 2, s. 814; 1996, c. 26, s. 42.
65. Upon application of a municipality, a community or an agency providing public services, the commission may, on such conditions as it may determine, exclude from the agricultural zone an aggregate of lots or parts of lots in respect of which a municipality, a community or an agency providing public services projects to authorize a subdivision or a use for a purpose other than agriculture.
The commission shall obtain the advice of the regional county municipality or of the community where the application is not made by the latter. The regional county municipality or the community shall transmit its advice to the commission within 60 days after the application.
Section 62 applies to the application.
If the commission grants the application, it must impose the condition, where applicable, that the development plan and the municipal by-law designed to implement the decision be adopted and in force within 18 months from the date on which the decision was thus rendered, failing which the decision becomes void. In such a case, the commission shall have the exclusion order revoked in the registry office.
1978, c. 10, s. 65; 1985, c. 26, s. 22; 1989, c. 7, s. 24; 1996, c. 2, s. 814.
65. Upon application of a regional county municipality, a municipal corporation, a community or an agency providing public services, the commission may, on such conditions as it may determine, exclude from the agricultural zone an aggregate of lots or parts of lots in respect of which a municipal corporation, a community or an agency providing public services projects to authorize a subdivision or a use for a purpose other than agriculture.
The commission shall obtain the advice of the regional county municipality or of the community where the application is not made by the latter. The regional county municipality or the community shall transmit its advice to the commission within sixty days after the application.
Section 62 applies to the application.
If the commission grants the application, it must impose the condition, where applicable, that the development plan and the municipal by-law designed to implement the decision be adopted and in force within eighteen months from the date on which the decision was thus rendered, failing which the decision becomes void. In such a case, the commission shall have the exclusion order revoked in the registry office.
1978, c. 10, s. 65; 1985, c. 26, s. 22; 1989, c. 7, s. 24.
65. Upon application of a regional county municipality, a municipal corporation, a community or an agency providing public services, the commission may, on such conditions as it may determine, exclude from the agricultural zone an aggregate of lots or parts of lots in respect of which a municipal corporation, a community or an agency providing public services projects to authorize a subdivision or a use for a purpose other than agriculture.
The commission shall obtain the advice of the regional county municipality or of the community where the application is not made by the latter. The regional county municipality or the community shall transmit its advice to the commission within sixty days after the application.
In considering the application, the commission must examine the impact of the project on the economic development of the region and the availability of sites other than those concerned in the application, taking into account the criteria mentioned in section 12.
If the commission grants the application, it must impose the condition, where applicable, that the development plan and the municipal by-law designed to implement the decision be adopted and in force within eighteen months from the date on which the decision was thus rendered, failing which the decision becomes void. In such a case, the commission shall have the exclusion order revoked in the registry office.
1978, c. 10, s. 65; 1985, c. 26, s. 22.
65. Upon application of a municipal corporation, a community or an agency providing public services, the commission may, on such conditions as it may determine, exclude from the agricultural zone an aggregate of lots or parts of lots in respect of which a municipal corporation, a community or an agency providing public services projects to authorize a subdivision or a use for a purpose other than agriculture.
In considering the application, the commission must examine the impact of the project on the economic development of the region and the availibility of sites other than those concerned in the application, taking into account the criteria mentioned in section 12.
If the commission grants the application, it must impose the condition, where applicable, that the municipal by-law designed to implement the decision be adopted and in force within six months from the date on which the decision was thus rendered, failing which the decision becomes void. In such a case, the commission shall have the exclusion order revoked in the registry office.
1978, c. 10, s. 65.