A-19.1 - Act respecting land use planning and development

Section 1.1 Disposition versions

1999-04-01

1.1. In this Act, the word “municipality”, except where it appears as part of the expression “regional county municipality”, means a local municipality.

A regional county municipality whose territory comprises an unorganized territory is a local municipality in respect of that territory, in accordance with section 8 of the Act respecting municipal territorial organization (chapter O-9). However, the provisions of this Act, other than those that refer specifically to an unorganized territory, apply to such a local municipality, with the following modifications:

(1)  the regional county municipality does not have the power or the obligation to adopt a planning program in respect of that territory;

(2)  any document that must be sent by a third person to the municipality and to the regional county municipality may be sent validly once, within the time and according to the procedure that are more demanding in respect of the third person if the prescribed time and procedure for the transmission of documents to the municipality and to the regional county municipality differ;

(3)  any provision requiring that the by-law of a municipality be approved or certified true by the regional county municipality does not apply; in such a case, the by-law is deemed approved and certified true on being passed;

(4)  (subparagraph repealed).

1982, c. 63, s. 69; 1988, c. 19, s. 216; 1993, c. 3, s. 2; 1996, c. 2, s. 30.

1993-05-01

1.1. The provisions of this Act, adapted as required, other than those which are specifically applicable to an unorganized territory, apply to such a territory in accordance with the Act respecting municipal territorial organization (chapter O-9);

The adaptations provided for in the first paragraph include, in particular,

(1)  the county corporation or the regional county municipality does not have the power or the obligation to adopt a planning program in respect of that territory;

(2)  where the regional county municipality has jurisdiction in that territory, any document that must be sent by a third person to the municipality and to the regional county municipality may be sent validly once, within the time and according to the procedure that are more demanding in respect of the third person if the prescribed time and procedure for the transmission of documents to the municipality and to the regional county municipality differ;

(3)  where the regional county municipality has jurisdiction in the territory, any provision requiring that the by-law of a municipality be approved or certified true by the regional county municipality does not apply; in such a case, the by-law is deemed approved and certified true on being passed;

(4)  (subparagraph repealed).

Where the council of the regional county municipality exercises the powers mentioned in any provision of this Act which is specifically applicable to an unorganized territory, all the members of the council are qualified to take part in the deliberations and to vote.

The ratepayers of the territory are alone required to contribute to the financing of the expenditures of the county corporation or regional county municipality incurred for the exercise of the functions contemplated in the third paragraph, in accordance with the Municipal Code of Québec (chapter C-27.1).

1982, c. 63, s. 69; 1988, c. 19, s. 216; 1993, c. 3, s. 2.

1989-01-01

1.1. The provisions of this Act, adapted as required, other than those which are specifically applicable to an unorganized territory, apply to such a territory in accordance with the Act respecting municipal territorial organization (chapter O-9);

The adaptations provided for in the first paragraph include, in particular,

(1)  the county corporation or the regional county municipality does not have the power or the obligation to adopt a planning program in respect of that territory;

(2)  where the regional county municipality has jurisdiction in that territory, any document that must be sent by a third person to the municipality and to the regional county municipality may be sent validly once, within the time and according to the procedure that are more demanding in respect of the third person if the prescribed time and procedure for the transmission of documents to the municipality and to the regional county municipality differ;

(3)  where the regional county municipality has jurisdiction in the territory, any provision requiring that the by-law of a municipality be approved or certified true by the regional county municipality does not apply; in such a case, the by-law is deemed approved and certified true on being passed;

(4)  the first paragraph of section 123 does not apply to a by-law passed in respect of the territory if the by-law is a by-law in respect of which the application of the said paragraph is excluded by section 80.

Where the council of the regional county municipality exercises the powers mentioned in any provision of this Act which is specifically applicable to an unorganized territory, all the members of the council are qualified to take part in the deliberations and to vote.

The ratepayers of the territory are alone required to contribute to the financing of the expenditures of the county corporation or regional county municipality incurred for the exercise of the functions contemplated in the third paragraph, in accordance with the Municipal Code of Québec (chapter C-27.1).

1982, c. 63, s. 69; 1988, c. 19, s. 216.