C-11.4 - Charter of Ville de Montréal, metropolis of Québec

Section 131 Disposition versions

2024-06-06

131. The borough council shall exercise the jurisdiction of the city as regards zoning and subdivision provided for in the Act respecting land use planning and development (chapter A-19.1), except the jurisdiction referred to in sections 117.1 to 117.16 of that Act, and the city’s jurisdiction as regards matters referred to in Divisions VI, VII, VIII, X, X.1, X.2 and XI of Chapter IV of Title I of that Act.

The following modifications to the Act respecting land use planning and development are among those applicable for the purposes of the first paragraph:

(1)  a replacement by-law referred to in section 110.10.1 of that Act shall not be adopted later than the day that is two years after the day of the coming into force of the revised planning program;

(2)  the notice required under section 126 of that Act must state that a copy of the draft by-law may be consulted at the borough office;

(3)  the summary provided for in section 129 of that Act may be obtained at the borough office;

(4)  when, under the second paragraph of section 130 of that Act, an application relating to a provision contained in a second draft by-law making it subject to approval by way of referendum may originate from any zone within the territory of the municipality and requires that the draft by-law be submitted for approval to all the qualified voters, the territory is replaced by the territory formed by the borough concerned and any borough contiguous to it, and the qualified voters are the qualified voters of those boroughs;

(5)  for the purposes of the approval of a resolution or a by-law by the qualified voters, a contiguous zone referred to in a provision of that Act may be included in another borough; and

(6)  if a notice provided for in Chapter IV of Title I of the Act respecting land use planning and development that must be published in relation to a matter under the jurisdiction of a borough council concerns a resolution or a by-law that must have effect in a zone contiguous to another borough, the notice must also be posted in the office of, and published in a newspaper in, that borough.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by‐law adopted under the Charter of the city of Montréal (1959-1960, chapter 102) and repealed by section 200, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. I, s. 131; 2001, c. 25, s. 275; 2002, c. 37, s. 45; 2008, c. 18, s. 8; 2010, c. 18, s. 6; 2023, c. 12, s. 106; 2024, c. 24, s. 17.

2023-06-01

131. The borough council shall exercise the jurisdiction of the city as regards zoning and subdivision provided for in the Act respecting land use planning and development (chapter A-19.1), except the jurisdiction referred to in sections 117.1 to 117.16 of that Act, and the city’s jurisdiction as regards matters referred to in Divisions VI, VII, VIII, X, X.1 and XI of Chapter IV of Title I of that Act.

The following modifications to the Act respecting land use planning and development are among those applicable for the purposes of the first paragraph:

(1)  a replacement by-law referred to in section 110.10.1 of that Act shall not be adopted later than the day that is two years after the day of the coming into force of the revised planning program;

(2)  the notice required under section 126 of that Act must state that a copy of the draft by-law may be consulted at the borough office;

(3)  the summary provided for in section 129 of that Act may be obtained at the borough office;

(4)  when, under the second paragraph of section 130 of that Act, an application relating to a provision contained in a second draft by-law making it subject to approval by way of referendum may originate from any zone within the territory of the municipality and requires that the draft by-law be submitted for approval to all the qualified voters, the territory is replaced by the territory formed by the borough concerned and any borough contiguous to it, and the qualified voters are the qualified voters of those boroughs;

(5)  for the purposes of the approval of a resolution or a by-law by the qualified voters, a contiguous zone referred to in a provision of that Act may be included in another borough; and

(6)  if a notice provided for in Chapter IV of Title I of the Act respecting land use planning and development that must be published in relation to a matter under the jurisdiction of a borough council concerns a resolution or a by-law that must have effect in a zone contiguous to another borough, the notice must also be posted in the office of, and published in a newspaper in, that borough.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by‐law adopted under the Charter of the city of Montréal (1959-1960, chapter 102) and repealed by section 200, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. I, s. 131; 2001, c. 25, s. 275; 2002, c. 37, s. 45; 2008, c. 18, s. 8; 2010, c. 18, s. 6; 2023, c. 12, s. 106.

2010-06-11

131. The borough council shall exercise the jurisdiction of the city as regards zoning and subdivision provided for in the Act respecting land use planning and development (chapter A-19.1), except the jurisdiction referred to in sections 117.1 to 117.16 of that Act, and the city’s jurisdiction as regards matters referred to in Divisions VI, VII, VIII, X and XI of Chapter IV of Title I of that Act.

The following modifications to the Act respecting land use planning and development are among those applicable for the purposes of the first paragraph:

(1)  section 110.10.1 of that Act does not apply;

(2)  the notice required under section 126 of that Act must state that a copy of the draft by-law may be consulted at the borough office;

(3)  the summary provided for in section 129 of that Act may be obtained at the borough office;

(4)  when, under the second paragraph of section 130 of that Act, an application relating to a provision contained in a second draft by-law making it subject to approval by way of referendum may originate from any zone within the territory of the municipality and requires that the draft by-law be submitted for approval to all the qualified voters, the territory is replaced by the territory formed by the borough concerned and any borough contiguous to it, and the qualified voters are the qualified voters of those boroughs;

(5)  for the purposes of the approval of a resolution or a by-law by the qualified voters, a contiguous zone referred to in a provision of that Act may be included in another borough; and

(6)  if a notice provided for in Chapter IV of Title I of the Act respecting land use planning and development that must be published in relation to a matter under the jurisdiction of a borough council concerns a resolution or a by-law that must have effect in a zone contiguous to another borough, the notice must also be posted in the office of, and published in a newspaper in, that borough.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by‐law adopted under the Charter of the city of Montréal (1959-1960, chapter 102) and repealed by section 200, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. I, s. 131; 2001, c. 25, s. 275; 2002, c. 37, s. 45; 2008, c. 18, s. 8; 2010, c. 18, s. 6.

2008-06-12

131. The borough council shall exercise the jurisdiction of the city as regards zoning and subdivision provided for in the Act respecting land use planning and development (chapter A-19.1), except the jurisdiction referred to in sections 117.1 to 117.16 of that Act, and the city’s jurisdiction as regards matters referred to in Divisions VI, VII, VIII, X and XI of Chapter IV of Title I of that Act.

Among the modifications to the Act respecting land use planning and development required by the application of the first paragraph, the following are applicable: section 110.10.1 of that Act does not apply, the notice required by section 126 of that Act must state that a copy of the draft by-law may be consulted at the borough office and the summary provided for in section 129 of that Act may be obtained at that office.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by‐law adopted under the Charter of the city of Montréal (1959‐1960, chapter 102) and repealed by section 200, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. I, s. 131; 2001, c. 25, s. 275; 2002, c. 37, s. 45; 2008, c. 18, s. 8.

2002-06-14

131. The borough council shall exercise the jurisdiction of the city as regards zoning and subdivision provided for in the Act respecting land use planning and development (chapter A-19.1), except the jurisdiction referred to in sections 117.1 to 117.16 of that Act, and the city’s jurisdiction as regards matters referred to in Divisions VI, VII, VIII, X and XI of Chapter IV of Title I of that Act.

Among the modifications required for the purposes of the Act respecting land use planning and development in applying the first paragraph, the following modifications are particularly applicable: section 110.10.1 of that Act does not apply; the notice required under section 126 of that Act shall be posted at the borough office and must mention that a copy of the draft by-law is available for consultation at the borough office; the summary referred to in section 129 of that Act may be obtained at the borough office; and the notice referred to in section 145.6, published in accordance with the Cities and Towns Act (chapter C-19), shall be posted at the borough office.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by‐law adopted under the Charter of the city of Montréal (1959‐1960, chapter 102) and repealed by section 200, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. I, s. 131; 2001, c. 25, s. 275; 2002, c. 37, s. 45.

2002-01-01

131. The borough council shall exercise the jurisdiction of the city as regards zoning and subdivision provided for in the Act respecting land use planning and development (chapter A-19.1), except the jurisdiction referred to in sections 117.1 to 117.16 of that Act, and the city’s jurisdiction as regards minor exemptions from planning by-laws, comprehensive development programs and site planning and architectural integration programs.

Among the modifications required for the purposes of the Act respecting land use planning and development in applying the first paragraph, the following modifications are particularly applicable: section 110.10.1 of that Act does not apply; the notice required under section 126 of that Act shall be posted at the borough office and must mention that a copy of the draft by-law is available for consultation at the borough office; the summary referred to in section 129 of that Act may be obtained at the borough office; and the notice referred to in section 145.6, published in accordance with the Cities and Towns Act (chapter C-19), shall be posted at the borough office.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by‐law adopted under the Charter of the city of Montréal (1959‐1960, chapter 102) and repealed by section 200, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. I, s. 131; 2001, c. 25, s. 275.