A-19.1 - Act respecting land use planning and development

Section 120 Disposition versions

2024-06-06

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116, 145.21 or 145.35.5;

(1.1)  the applicant has provided the information required by the officer to complete the form referred to in section 120.1;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

In addition, where the land in respect of which the building permit application is made is entered on the list of contaminated lands drawn up by the municipality pursuant to section 31.68 of the Environment Quality Act (chapter Q-2) and is the subject of a rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of that Act or a declaration of compliance under section 2.4 of the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37), the permit shall be issued only if the application is accompanied with a report signed by a professional within the meaning of section 31.42 of that Act establishing that the project for which the permit application is made is consistent with the provisions of the rehabilitation plan or the declaration of compliance.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11; 1995, c. 8, s. 51; 1997, c. 93, s. 27; 2002, c. 11, s. 13; 2006, c. 3, s. 35; I.N. 2020-02-01; 2022, c. 8, s. 2; 2024, c. 24, s. 3.

2022-05-12

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116 and with the by-law adopted under section 145.21;

(1.1)  the applicant has provided the information required by the officer to complete the form referred to in section 120.1;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

In addition, where the land in respect of which the building permit application is made is entered on the list of contaminated lands drawn up by the municipality pursuant to section 31.68 of the Environment Quality Act (chapter Q‐2) and is the subject of a rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of that Act or a declaration of compliance under section 2.4 of the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37), the permit shall be issued only if the application is accompanied with a report signed by a professional within the meaning of section 31.42 of that Act establishing that the project for which the permit application is made is consistent with the provisions of the rehabilitation plan or the declaration of compliance.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11; 1995, c. 8, s. 51; 1997, c. 93, s. 27; 2002, c. 11, s. 13; 2006, c. 3, s. 35; I.N. 2020-02-01; 2022, c. 8, s. 2.

2020-02-01

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116 and with the by-law adopted under section 145.21;

(1.1)  the applicant has provided the information required by the officer to complete the form referred to in section 120.1;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

In addition, where the land in respect of which the building permit application is made is entered on the list of contaminated lands drawn up by the municipality pursuant to section 31.68 of the Environment Quality Act (chapter Q‐2) and is the subject of a rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of that Act, the permit shall be issued only if the application is accompanied with the attestation of an expert referred to in section 31.65 of that Act establishing that the project for which the permit application is made is consistent with the provisions of the rehabilitation plan.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11; 1995, c. 8, s. 51; 1997, c. 93, s. 27; 2002, c. 11, s. 13; 2006, c. 3, s. 35; I.N. 2020-02-01.

2006-04-19

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116 and with the by-law adopted under section 145.21;

(1.1)  the applicant has provided the information required by the officer to complete the form referred to in section 120.1;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

In addition, where the land in respect of which the building permit application is made is entered on the list of contaminated lands drawn up by the municipality pursuant to section 31.68 of the Environment Quality Act (chapter Q‐2) and is the subject of a rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV.2.1 of Chapter I of that Act, the permit shall be issued only if the application is accompanied with the attestation of an expert referred to in section 31.65 of that Act establishing that the project for which the permit application is made is consistent with the provisions of the rehabilitation plan.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11; 1995, c. 8, s. 51; 1997, c. 93, s. 27; 2002, c. 11, s. 13; 2006, c. 3, s. 35.

2003-03-01

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116 and with the by-law adopted under section 145.21;

(1.1)  the applicant has provided the information required by the officer to complete the form referred to in section 120.1;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

In addition, where the land in respect of which the building permit application is made is entered on the list of contaminated lands drawn up by the municipality pursuant to section 31.68 of the Environment Quality Act (chapter Q‐2) and is the subject of a rehabilitation plan approved by the Minister of the Environment under Division IV.2.1 of Chapter I of that Act, the permit shall be issued only if the application is accompanied with the attestation of an expert referred to in section 31.65 of that Act establishing that the project for which the permit application is made is consistent with the provisions of the rehabilitation plan.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11; 1995, c. 8, s. 51; 1997, c. 93, s. 27; 2002, c. 11, s. 13.

1999-04-01

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116 and with the by-law adopted under section 145.21;

(1.1)  the applicant has provided the information required by the officer to complete the form referred to in section 120.1;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11; 1995, c. 8, s. 51; 1997, c. 93, s. 27.

1995-06-28

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116 and with the by-law adopted under section 145.21;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

An application relating to the construction of a new single-family dwelling must also indicate whether the dwelling is intented for the personal use of the applicant or the use of his family and be accompanied with a declaration attesting

(1)  that the construction work is to be carried out by a contractor holding the appropriate licence issued under the Building Act (chapter B-1.1) and specifying the number and expiry date of the licence; or

(2)  that the applicant is an owner-builder and stating on what grounds he is not required to hold a licence under the Building Act.

The Government may, by regulation, determine what information and documents must be required to support a declaration under the second paragraph and determine to which departments and other bodies the information determined by the Government must be transmitted.

The second and third paragraphs apply notwithstanding any inconsistent provision of a charter or special Act applicable to a municipality.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11; 1995, c. 8, s. 51.

1994-06-17

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116 and with the by-law adopted under section 145.21;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

1979, c. 51, s. 120; 1989, c. 46, s. 5; 1994, c. 32, s. 11.

1989-06-22

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116;

(2)  the application is accompanied with all the plans and documents required by by-law and, where such is the case, the plans have been approved in accordance with section 145.19; and

(3)  the fee for obtaining the permit or the certificate has been paid.

1979, c. 51, s. 120; 1989, c. 46, s. 5.

1980-04-15

120. The officer designated under paragraph 7 of section 119 shall issue a building permit or a certificate of authorization, where

(1)  the application is in conformity with the zoning and building by-laws and, where such is the case, with the by-law adopted under section 116;

(2)  the application is accompanied with all the plans and documents required by by-law; and

(3)  the fee for obtaining the permit or the certificate has been paid.

1979, c. 51, s. 120.