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

Section 79.2 Disposition versions

2001-06-21

79.2. For the purposes of sections 79.2 to 79.2.7,

“livestock facility” means a building where animals are raised or an enclosure or a part of an enclosure where animals are kept for purposes other than pasture ;

“livestock unit” means the unit of measure of the number of animals that may be found in a livestock facility during a production cycle as determined by a regulation under section 79.2.7.

For the purposes of these sections, a “breeding unit” is made up of a livestock facility or, where there is more than one facility, of all the livestock facilities in respect of which a point on the perimeter of one facility is less than 150 metres from the neighbouring livestock facility, and of storage works, if any, for the manure from the animals in the facility or facilities.

For the purposes of these sections and section 98.1, “separation distance requirement” refers to any standard serving to delimit the open space that must be left in order to reduce the inconvenience caused by odours resulting from agricultural activities, and originating from the exercise of the powers provided for in subparagraph 4 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1), or to any standard provided for in an Act or a regulation to take the place of such a standard.

1989, c. 7, s. 26; 1996, c. 26, s. 47; 2001, c. 35, s. 13.

1997-06-20

79.2. A person wishing to erect a building, other than a farm building, on a lot in an agricultural zone must comply with any distance standard imposed on neighbouring farming operations by any Act, regulation or by-law in force at the time of the erection or pursuant to a municipal odour by-law.

No building permit may be issued by a municipality to the owner of a lot who fails to comply with such distance standards unless the owner has filed, for entry in the land register at the registry office concerned, a declaration to waive, in respect of each of the neighbouring farming operations required to comply with such standards, the remedies that would have been available to him had he complied with the standards imposed.

The declaration shall have the same effect as a real servitude; notwithstanding article 1181 of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64), it is established by means of a declaration registered against the lot for which the application is made and against each lot on which the buildings or infrastructures used for the agricultural activity subject to the distance standards are situated.

1989, c. 7, s. 26; 1996, c. 26, s. 47.

1989-07-01

79.2. The Government shall appoint, for a period not exceeding five years and on the conditions it determines, a commissioner to hear complaints filed under this subdivision. The Government shall fix the salary, allowances or fees, as the case may be, of the commissioner.

1989, c. 7, s. 26.