A-19.1 - Act respecting land use planning and development

Section 245 Disposition versions

2023-12-08

245. The performance of an act provided for by this Act creates no obligation for the person who performs it to indemnify, under article 952 of the Civil Code, a person whose right of ownership in an immovable is infringed because of that act, provided that it remains possible to make reasonable use of the immovable.

An immovable must be considered being susceptible of reasonable use where the infringement of the right of ownership is justified in the circumstances, which must be assessed from a proportionality perspective, taking into account, among other things, the characteristics of the immovable, the objectives set out in a metropolitan plan, RCM plan or planning program, and the public interest.

An infringement of the right of ownership is deemed to be justified for the purposes of the second paragraph where it results from an act that meets one of the following conditions:

(1)  the act is intended to protect wetlands and bodies of water;

(2)  the act is intended to protect an environment of high ecological value, other than the environments covered by subparagraph 1, provided that the act does not prevent the carrying out, in a forest area identified on the property assessment roll, of forest development activities that comply with the Sustainable Forest Development Act (chapter A-18.1); or

(3)  the act is necessary to ensure human health or safety or the safety of property.

This section is declaratory.

1979, c. 51, s. 245; 1988, c. 19, s. 228; 1993, c. 65, s. 86; 2023, c. 33, s. 6.

1993-12-17

245. (Repealed).

1979, c. 51, s. 245; 1988, c. 19, s. 228; 1993, c. 65, s. 86.

1989-01-01

245. Subject to the following paragraphs, Chapter I of Title II takes precedence over any inconsistent provision of any general law or special Act or of letters patent applicable to a municipality and to a county corporation, from the coming into force of the letters patent issued under section 166, both in respect of the regional county municipalities to which such letters patent are issued and in respect of the municipalities forming part of the territory of those regional county municipalities.

The provisions of a general law or special Act or of letters patent concerning matters in respect of which this Act makes no specific provision and which, before the coming into force of letters patent issued under section 166, applied to a city or town corporation, including the amendments and additions to the said provisions, continue to apply to the latter corporation notwithstanding section 171.

A local municipal corporation to which letters patent are granted under section 15 of the Cities and Towns Act after the coming into force of letters patent issued under section 166 is regarded, as for the provisions applicable to it, as a municipal corporation which has ceased to be a member of a county corporation to which letters patent have not been issued under section 166.

The first and second paragraphs of this section apply, mutatismutandis, to the members of the council and to the officers of a regional county municipality whose letters patent, issued under section 166, are in force.

1979, c. 51, s. 245; 1988, c. 19, s. 228.

1980-04-15

245. Subject to the following paragraphs, Chapter I of Title II takes precedence over any inconsistent provision of any general law or special act or of letters patent applicable to a municipality and to a county corporation, from the coming into force of the letters patent issued under section 166, both in respect of the regional county municipalities to which such letters patent are issued and in respect of the municipalities forming part of the territory of those regional county municipalities.

The provisions of a general law or special act or of letters patent concerning matters in respect of which this act makes no specific provision and which, before the coming into force of letters patent issued under section 166, applied to a city or town corporation, including the amendments and additions to the said provisions, continue to apply to the latter corporation notwithstanding section 171.

A local municipal corporation to which letters patent are granted under section 15 of the Cities and Towns Act after the coming into force of letters patent issued under section 166 is regarded, as for the provisions applicable to it, as a municipal corporation which has ceased to be a member of a county corporation to which letters patent have not been issued under section 166.

The first and second paragraphs of this section apply, mutatismutandis, to the members of the council and to the officers of a regional county municipality whose letters patent, issued under section 166, are in force.

This section applies, mutatismutandis, to a municipal corporation incorporated under the Act respecting municipal organization of certain territories.

1979, c. 51, s. 245.