A-19.1 - Act respecting land use planning and development

Section 264.2 Disposition versions

2002-01-01

264.2. (Repealed).

1982, c. 63, s. 106; 1983, c. 57, s. 40; 1984, c. 27, s. 31; 1984, c. 32, s. 28; 1985, c. 27, s. 9; 1987, c. 57, s. 682; 1987, c. 102, s. 36; 1990, c. 50, s. 13; 1993, c. 3, s. 91; 1995, c. 34, s. 64; 1996, c. 25, s. 83; 2000, c. 56, Sch. VI, s. 225.

1996-06-20

264.2. For the purposes of this Act, except for Chapter I of its Title II, the Communauté urbaine de Québec is considered to be a regional county municipality.

The provisions of this Act apply to the Community and to the municipalities that are members of it, subject to the third paragraph, with the following adaptations:

(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee and the committee are considered to be the secretary-treasurer and the executive committee, respectively, of the regional county municipality;

(1.1)  all the decisions of the Council of the Community, except the decision provided for in the second paragraph of section 52, shall be made in accordance with the rules provided for in sections 38.1 to 39.1 of the Act respecting the Communauté urbaine de Québec (chapter C-37.3);

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  (subparagraph repealed);

(b)  (subparagraph repealed);

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on 30 September 1985;

(3)  the 120-day period provided for in sections 56.4 and 56.14 is replaced by a six-month period;

(3.1)  the public meetings for consultation are held by the planning, traffic and transport committee established under section 69 of the Act respecting the Communauté urbaine de Québec;

(4)  (subparagraph repealed);

(5)  (subparagraph repealed);

(5.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law or resolution;

(6)  (subparagraph repealed).

For the purposes of section 252, the provisions of this Act which concern the rights and obligations of a municipality in the preparation amendment or revision of the development plan, the effect of the coming into force of the original plan, of a reviewed plan or of a by-law amending the plan and the rules relating to the conformity of a by-law or deed with the objectives of the plan, the provisions of the complementary document or the provisions of the interim control by-law or resolution of a regional county municipality are not incompatible with the provisions of the Charter of the city of Québec (1929, chapter 95). However, the council of the city of Québec is not required to adopt or amend a planning program or a by-law not provided for in the charter; if the charter provides for a by-law corresponding to a by-law which, under the provisions of this Act mentioned in this paragraph, must be adopted or amended by the council of the city of Québec, the said council shall adopt or amend such a by-law in accordance with the charter and the applicable provisions of this Act, adapted as required.

1982, c. 63, s. 106; 1983, c. 57, s. 40; 1984, c. 27, s. 31; 1984, c. 32, s. 28; 1985, c. 27, s. 9; 1987, c. 57, s. 682; 1987, c. 102, s. 36; 1990, c. 50, s. 13; 1993, c. 3, s. 91; 1995, c. 34, s. 64; 1996, c. 25, s. 83.

1995-06-22

264.2. For the purposes of this Act, except for Chapter I of its Title II, the Communauté urbaine de Québec is considered to be a regional county municipality.

The provisions of this Act apply to the Community and to the municipalities that are members of it, subject to the third paragraph, with the following adaptations:

(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee and the committee are considered to be the secretary-treasurer and the executive committee, respectively, of the regional county municipality;

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  (subparagraph repealed);

(b)  (subparagraph repealed);

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on 30 September 1985;

(3)  the 120-day period provided for in sections 56.4 and 56.14 is replaced by a six-month period;

(3.1)  the public meetings for consultation are held by the planning, traffic and transport committee established under section 69 of the Act respecting the Communauté urbaine de Québec;

(4)  (subparagraph repealed);

(5)  (subparagraph repealed);

(5.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;

(6)  (subparagraph repealed).

For the purposes of section 252, the provisions of this Act which concern the rights and obligations of a municipality in the preparation amendment or revision of the development plan, the effect of the coming into force of the original plan, of a reviewed plan or of a by-law amending the plan and the rules relating to the conformity of a by-law or deed with the objectives of the plan, the provisions of the complementary document or the provisions of the interim control by-law of a regional county municipality are not incompatible with the provisions of the Charter of the city of Québec (1929, chapter 95). However, the council of the city of Québec is not required to adopt or amend a planning program or a by-law not provided for in the charter; if the charter provides for a by-law corresponding to a by-law which, under the provisions of this Act mentioned in this paragraph, must be adopted or amended by the council of the city of Québec, the said council shall adopt or amend such a by-law in accordance with the charter and the applicable provisions of this Act, adapted as required.

1982, c. 63, s. 106; 1983, c. 57, s. 40; 1984, c. 27, s. 31; 1984, c. 32, s. 28; 1985, c. 27, s. 9; 1987, c. 57, s. 682; 1987, c. 102, s. 36; 1990, c. 50, s. 13; 1993, c. 3, s. 91; 1995, c. 34, s. 64.

1993-05-01

264.2. For the purposes of this Act, except for Chapter I of its Title II, the Communauté urbaine de Québec is considered to be a regional county municipality.

The provisions of this Act apply to the Community and to the municipalities that are members of it, subject to the third paragraph, with the following adaptations:

(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee and the committee are considered to be the secretary-treasurer and the executive committee, respectively, of the regional county municipality;

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  (subparagraph repealed);

(b)  (subparagraph repealed);

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on 30 September 1985;

(3)  the 120-day period provided for in sections 56.4 and 56.14 is replaced by a six-month period;

(3.1)  the public meetings for consultation are held by the planning and environment quality committee established under section 69 of the Act respecting the Communauté urbaine de Québec;

(4)  the opinion of the Council of the Community provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality, must be transmitted to the municipality within 60 days of receiving the by-law;

(5)  (subparagraph repealed);

(5.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;

(6)  (subparagraph repealed).

For the purposes of section 252, the provisions of this Act which concern the rights and obligations of a municipality in the preparation amendment or revision of the development plan, the effect of the coming into force of the original plan, of a reviewed plan or of a by-law amending the plan and the rules relating to the conformity of a by-law or deed with the objectives of the plan, the provisions of the complementary document or the provisions of the interim control by-law of a regional county municipality are not incompatible with the provisions of the Charter of the city of Québec (1929, chapter 95). However, the council of the city of Québec is not required to adopt or amend a planning program or a by-law not provided for in the charter; if the charter provides for a by-law corresponding to a by-law which, under the provisions of this Act mentioned in this paragraph, must be adopted or amended by the council of the city of Québec, the said council shall adopt or amend such a by-law in accordance with the charter and the applicable provisions of this Act, adapted as required.

1982, c. 63, s. 106; 1983, c. 57, s. 40; 1984, c. 27, s. 31; 1984, c. 32, s. 28; 1985, c. 27, s. 9; 1987, c. 57, s. 682; 1987, c. 102, s. 36; 1990, c. 50, s. 13; 1993, c. 3, s. 91.

1990-11-21

264.2. The Preliminary Title, Division II of Chapter I of Title I, sections 30 and 31, Divisions V to VII of Chapter I of Title I, section 102, Chapters VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Québec and to municipalities mentioned in Schedule A to the Act respecting the Communauté urbaine de Québec (chapter C-37.3), including the city of Québec as if the Community were a regional county municipality. Division III of Chapter I of Title I and sections 25 to 29 also apply to it to the sole extent that the other provisions mentioned in this paragraph refer to it.

The provisions mentioned in the first paragraph apply with the following adaptations:

(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;

(b)  the approximate layout and the types of the main thoroughfares;

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on 30 September 1985;

(3)  within six months of receiving the resolution adopting a revised development plan proposal provided for in section 55, the Minister shall give the notice contemplated in section 16 to the Council of the Community;

(3.1)  the public meetings for consultation on the revised final version of the development plan of the Community, pursuant to section 20, as well as those concerning a proposed amendment of the development plan, are held by the planning and environment quality committee established under section 69 of the Act respecting the Communauté urbaine de Québec;

(4)  the opinion of the Council of the Community provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality, must be transmitted to the municipality within sixty days of receiving the by-law;

(5)  notwithstanding section 61, the prohibition of any new land use, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality

(a)  either when the intended land use, structure, cadastral operation or parcelling out has already received before 1 October 1985, all the authorizations required by the municipality and by the Act and when the land use or the structure is begun not later than 1 April 1986 or when the cadastral operation or parcelling out is carried out within the same period,

(b)  or when the two following conditions are met:

i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the land use, structure, cadastral operation or parcelling out is intended, or the by-law ordering their installation is in force;

ii.  the landsite on which or in respect of which the land use, structure, cadastral operation or parcelling out is to be carried out is adjacent to a public street;

(5.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;

(6)  (subparagraph repealed).

Notwithstanding the first paragraph, the city of Québec is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter.

Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Québec must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.

For the purposes of the application of Chapter III of Title I, the Community is deemed to be a regional county municipality.

1982, c. 63, s. 106; 1983, c. 57, s. 40; 1984, c. 27, s. 31; 1984, c. 32, s. 28; 1985, c. 27, s. 9; 1987, c. 57, s. 682; 1987, c. 102, s. 36; 1990, c. 50, s. 13.

1988-01-01

264.2. The Preliminary Title, Division II of Chapter I of Title I, sections 30 and 31, Divisions V to VII of Chapter I of Title I, section 102, Chapters VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Québec and to municipalities mentioned in Schedule A to the Act respecting the Communauté urbaine de Québec (chapter C-37.3), including the city of Québec as if the Community were a regional county municipality. Division III of Chapter I of Title I and sections 25 to 29 also apply to it to the sole extent that the other provisions mentioned in this paragraph refer to it.

The provisions mentioned in the first paragraph apply with the following adaptations:

(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;

(b)  the approximate layout and the types of the main thoroughfares;

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on 30 September 1985;

(3)  within six months of receiving the resolution adopting a revised development plan proposal provided for in section 55, the Minister shall give the notice contemplated in section 16 to the Council of the Community;

(3.1)  the public meetings for consultation on the amended or revised final version of the development plan, pursuant to section 20, are held by the planning and environment quality committee established under section 69 of the Act respecting the Communauté urbaine de Québec;

(4)  the opinion of the Council of the Community provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality, must be transmitted to the municipality within sixty days of receiving the by-law;

(5)  notwithstanding section 61, the prohibition of any new land use, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality

(a)  either when the intended land use, structure, cadastral operation or parcelling out has already received before 1 October 1985, all the authorizations required by the municipality and by the Act and when the land use or the structure is begun not later than 1 April 1986 or when the cadastral operation or parcelling out is carried out within the same period,

(b)  or when the two following conditions are met:

i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the land use, structure, cadastral operation or parcelling out is intended, or the by-law ordering their installation is in force;

ii.  the landsite on which or in respect of which the land use, structure, cadastral operation or parcelling out is to be carried out is adjacent to a public street;

(5.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;

(6)  (subparagraph repealed).

Notwithstanding the first paragraph, the city of Québec is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter.

Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Québec must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.

For the purposes of the application of Chapter III of Title I, the Community is deemed to be a regional county municipality.

1982, c. 63, s. 106; 1983, c. 57, s. 40; 1984, c. 27, s. 31; 1984, c. 32, s. 28; 1985, c. 27, s. 9; 1987, c. 57, s. 682; 1987, c. 102, s. 36.

1985-06-20

264.2. The Preliminary Title, Division II of Chapter I of Title I, sections 30 and 31, Divisions V to VII of Chapter I of Title I, Chapters VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Québec and to municipalities mentioned in Schedule A to the Act respecting the Communauté urbaine de Québec (chapter C-37.3), including the city of Québec as if the Community were a regional county municipality. Division III of Chapter I of Title I and sections 25 to 29 also apply to it to the sole extent that the other provisions mentioned in this paragraph refer to it.

The provisions mentioned in the first paragraph apply with the following adaptations:

(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;

(b)  the approximate layout and the types of the main thoroughfares;

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on 30 September 1985;

(3)  within six months of receiving the resolution adopting a revised development plan proposal provided for in section 55, the Minister shall give the notice contemplated in section 16 to the Council of the Community;

(3.1)  the public meetings for consultation on the amended or revised final version of the development plan, pursuant to section 20, are held by the planning and environment quality committee established under section 69 of the Act respecting the Communauté urbaine de Québec;

(4)  the opinion of the Council of the Community provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality, must be transmitted to the municipality within sixty days of receiving the by-law;

(5)  notwithstanding section 61, the prohibition of any new land use, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality

(a)  either when the intended land use, structure, cadastral operation or parcelling out has already received before 1 October 1985, all the authorizations required by the municipality and by the Act and when the land use or the structure is begun not later than 1 April 1986 or when the cadastral operation or parcelling out is carried out within the same period,

(b)  or when the two following conditions are met:

i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the land use, structure, cadastral operation or parcelling out is intended, or the by-law ordering their installation is in force;

ii.  the landsite on which or in respect of which the land use, structure, cadastral operation or parcelling out is to be carried out is adjacent to a public street;

(5.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;

(6)  (subparagraph repealed).

Notwithstanding the first paragraph, the city of Québec is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.

Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Québec must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.

For the purposes of the application of Chapter III of Title I, the Community is deemed to be a regional county municipality.

1982, c. 63, s. 106; 1983, c. 57, s. 40; 1984, c. 27, s. 31; 1984, c. 32, s. 28; 1985, c. 27, s. 9.

1984-06-20

264.2. The Preliminary Title, Division II of Chapter I of Title I, sections 30 and 31, Divisions V to VII of Chapter I of Title I, Chapters VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Québec and to municipalities mentioned in Schedule A to the Act respecting the Communauté urbaine de Québec (chapter C-37.3), including the city of Québec as if the Community were a regional county municipality. Division III of Chapter I of Title I and sections 25 to 29 also apply to it to the sole extent that the other provisions mentioned in this paragraph refer to it.

The provisions mentioned in the first paragraph apply with the following adaptations:

(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;

(b)  the approximate layout and the types of the main thoroughfares;

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on (insert here the date of the day preceding the effective date of this section);

(3)  within six months of receiving the resolution adopting a revised development plan proposal provided for in section 55, the Minister shall give the notice contemplated in section 16 to the Council of the Community;

(3.1)   the public meetings for consultation on the amended or revised final version of the development plan, pursuant to section 20, are held by the planning and environment quality committee established under section 69 of the Act respecting the Communauté urbaine de Québec;

(4)  the opinion of the Council of the Community provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality, must be transmitted to the municipality within sixty days of receiving the by-law;

(5)  notwithstanding section 61, the prohibition of any new land use, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality

(a)  either when the intended land use, structure, cadastral operation or parcelling out has already received before (insert here the date of the effective date of this section), all the authorizations required by the municipality and by the Act and when the land use or the structure is begun not later than (insert here the date coming six months after the coming into force of this section) or when the cadastral operation or parcelling out is carried out within the same period,

(b)  or when the two following conditions are met:

i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the land use, structure, cadastral operation or parcelling out is intended, or the by-law ordering their installation is in force;

ii.  the landsite on which or in respect of which the land use, structure, cadastral operation or parcelling out is to be carried out is adjacent to a public street;

(5.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;

(6)  (subparagraph repealed).

Notwithstanding the first paragraph, the city of Québec is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.

Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Québec must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.

1982, c. 63, s. 106; 1983, c. 57, s. 40; 1984, c. 27, s. 31; 1984, c. 32, s. 28.

1983-12-22

264.2. The Preliminary Title, Division II of Chapter I of Title I, sections 30 and 31, Divisions V to VII of Chapter I of Title I, Chapters VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Québec and to municipalities mentioned in Schedule A to the Act respecting the Communauté urbaine de Québec (chapter C-37.3), including the city of Québec as if the Community were a regional county municipality. Division III of Chapter I of Title I and sections 25 to 29 also apply to it to the sole extent that the other provisions mentioned in this paragraph refer to it.

The provisions mentioned in the first paragraph apply with the following adaptations:

(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;

(b)  the approximate layout and the types of the main thoroughfares;

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on (insert here the date of the day preceding the effective date of this section);

(3)  within six months of receiving the resolution adopting a revised development plan proposal provided for in section 55, the Minister shall give the notice contemplated in section 16 to the Council of the Community;

(4)  the opinion of the Council of the Community provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality, must be transmitted to the municipality within sixty days of receiving the by-law;

(5)  notwithstanding section 61, the prohibition of any new land use, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality

(a)  either when the intended land use, structure, cadastral operation or parcelling out has already received before (insert here the date of the effective date of this section), all the authorizations required by the municipality and by the Act and when the land use or the structure is begun not later than (insert here the date coming six months after the coming into force of this section) or when the cadastral operation or parcelling out is carried out within the same period,

(b)  or when the two following conditions are met:

i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the land use, structure, cadastral operation or parcelling out is intended, or the by-law ordering their installation is in force;

ii.  the landsite on which or in respect of which the land use, structure, cadastral operation or parcelling out is to be carried out is adjacent to a public street;

(5.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;

(6)  Government regulations made under subparagraph 6 of the first paragraph of section 241 and the second, third and fourth paragraphs of that section do not apply to the members of the Council of the Community.

Notwithstanding the first paragraph, the city of Québec is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.

Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Québec must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.

1982, c. 63, s. 106; 1983, c. 57, s. 40.

1982-12-18

264.2. The Preliminary Title, Division II of Chapter I of Title I, sections 30 and 31, Divisions V to VII of Chapter I of Title I, Chapters VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Québec and to municipalities mentioned in Schedule A to the Act respecting the Communauté urbaine de Québec (chapter C-37.3), including the city of Québec as if the Community were a regional county municipality. Division III of Chapter I of Title I and sections 25 to 29 also apply to it to the sole extent that the other provisions mentioned in this paragraph refer to it.

The provisions mentioned in the first paragraph apply with the following adaptations:

(1)  the secretary of the Community is deemed to be the secretary-treasurer of the regional county municipality;

(2)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:

(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;

(b)  the approximate layout and the types of the main thoroughfares;

(c)  the other items provided for in section 100 of the Act respecting the Communauté urbaine de Québec as it existed on (insert here the date of the day preceding the effective date of this section);

(3)  within six months of receiving the resolution adopting a revised development plan proposal provided for in section 55, the Minister shall give the notice contemplated in section 16 to the Council of the Community;

(4)  the opinion of the Council of the Community provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality, must be transmitted to the municipality within sixty days of receiving the by-law;

(5)  notwithstanding section 61, the prohibition of any new land use, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality

(a)  either when the intended land use, structure, cadastral operation or parcelling out has already received before (insert here the date of the effective date of this section), all the authorizations required by the municipality and by the Act and when the land use or the structure is begun not later than (insert here the date coming six months after the coming into force of this section) or when the cadastral operation or parcelling out is carried out within the same period,

(b)  or when the two following conditions are met:

i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the land use, structure, cadastral operation or parcelling out is intended, or the by-law ordering their installation is in force;

ii.  the landsite on which or in respect of which the land use, structure, cadastral operation or parcelling out is to be carried out is adjacent to a public street;

(6)  Government regulations made under subparagraph 6 of the first paragraph of section 241 and the second, third and fourth paragraphs of that section do not apply to the members of the Council of the Community.

Notwithstanding the first paragraph, the city of Québec is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.

Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Québec must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.

1982, c. 63, s. 106.