P-41.1 - Act respecting the preservation of agricultural land and agricultural activities

Section 62 Disposition versions

2021-12-09

62. The commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In addition to the considerations provided for in section 12, in rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on existing agricultural activities and their development, and on the possible agricultural use of neighbouring lots, in particular having regard to the standards aimed at reducing the inconvenience caused by odours resulting from agricultural activities, originating from the exercise of the powers provided for in subparagraph 4 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1);

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced, in particular where the application concerns a lot included in a census agglomeration or a census metropolitan area as defined by Statistics Canada or a lot situated in the territory of a community;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the territory of the local municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for the practice of agriculture in accordance with a diversity of models and of viable agricultural projects that may require varying areas of land;

(9)  the impact on the economic development of the region upon proof submitted by a municipality, community, public body or agency providing public utility services;

(10)  the socioeconomic conditions necessary for the viability of a community where justified by the low population density of the region;

(11)  if applicable, the development plan for the agricultural zone of the regional county municipality concerned.

The commission may take into consideration

(1)  a statement transmitted by a regional county municipality or a community indicating that the application is inconsistent with the objectives of the RCM land use and development plan and the provisions of the complementary document or with the metropolitan land use and development plan;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20; 1996, c. 2, s. 812; 1996, c. 26, s. 38; 1997, c. 44, s. 103; 2000, c. 56, s. 188; 2001, c. 35, s. 8; 2002, c. 68, s. 52; 2010, c. 10, s. 139; 2017, c. 13, s. 195; 2021, c. 35, s. 78.

2017-06-16

62. The commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on existing agricultural activities and their development, and on the possible agricultural use of neighbouring lots, in particular having regard to the standards aimed at reducing the inconvenience caused by odours resulting from agricultural activities, originating from the exercise of the powers provided for in subparagraph 4 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1);

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced, in particular where the application concerns a lot included in a census agglomeration or a census metropolitan area as defined by Statistics Canada or a lot situated in the territory of a community;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the territory of the local municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for farming activities;

(9)  the impact on the economic development of the region upon proof submitted by a municipality, community, public body or agency providing public utility services;

(10)  the socioeconomic conditions necessary for the viability of a community where justified by the low population density of the region;

(11)  if applicable, the development plan for the agricultural zone of the regional county municipality concerned.

The commission may take into consideration

(1)  a statement transmitted by a regional county municipality or a community indicating that the application is inconsistent with the objectives of the RCM land use and development plan and the provisions of the complementary document or with the metropolitan land use and development plan;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20; 1996, c. 2, s. 812; 1996, c. 26, s. 38; 1997, c. 44, s. 103; 2000, c. 56, s. 188; 2001, c. 35, s. 8; 2002, c. 68, s. 52; 2010, c. 10, s. 139; 2017, c. 13, s. 195.

2010-06-02

62. The commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on existing agricultural activities and their development, and on the possible agricultural use of neighbouring lots, in particular having regard to the standards aimed at reducing the inconvenience caused by odours resulting from agricultural activities, originating from the exercise of the powers provided for in subparagraph 4 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1);

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced, in particular where the application concerns a lot included in a census agglomeration or a census metropolitan area as defined by Statistics Canada or a lot situated in the territory of a community;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the territory of the local municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for farming activities;

(9)  the impact on the economic development of the region upon proof submitted by a municipality, community, public body or agency providing public utility services;

(10)  the socioeconomic conditions necessary for the viability of a community where justified by the low population density of the region.

The commission may take into consideration

(1)  a statement transmitted by a regional county municipality or a community indicating that the application is inconsistent with the objectives of the RCM land use and development plan and the provisions of the complementary document or with the metropolitan land use and development plan;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20; 1996, c. 2, s. 812; 1996, c. 26, s. 38; 1997, c. 44, s. 103; 2000, c. 56, s. 188; 2001, c. 35, s. 8; 2002, c. 68, s. 52; 2010, c. 10, s. 139.

2002-12-19

62. The commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on existing agricultural activities and their development, and on the possible agricultural use of neighbouring lots, in particular having regard to the standards aimed at reducing the inconvenience caused by odours resulting from agricultural activities, originating from the exercise of the powers provided for in subparagraph 4 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1);

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced, in particular where the application concerns a lot included in a census agglomeration or a census metropolitan area as defined by Statistics Canada or a lot situated in the territory of a community;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the territory of the local municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for farming activities;

(9)  the impact on the economic development of the region upon proof submitted by a municipality, community, public body or agency providing public utility services;

(10)  the socioeconomic conditions necessary for the viability of a community where justified by the low population density of the region.

The commission may take into consideration

(1)  a statement transmitted by a regional county municipality or a community indicating that the application is inconsistent with the objectives of the land use planning and development plan and with the provisions of the complementary document;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20; 1996, c. 2, s. 812; 1996, c. 26, s. 38; 1997, c. 44, s. 103; 2000, c. 56, s. 188; 2001, c. 35, s. 8; 2002, c. 68, s. 52.

2001-06-21

62. The commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on existing agricultural activities and their development, and on the possible agricultural use of neighbouring lots, in particular having regard to the standards aimed at reducing the inconvenience caused by odours resulting from agricultural activities, originating from the exercise of the powers provided for in subparagraph 4 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1);

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced, in particular where the application concerns a lot included in a census agglomeration or a census metropolitan area as defined by Statistics Canada or a lot situated in the territory of a community;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the territory of the local municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for farming activities;

(9)  the impact on the economic development of the region upon proof submitted by a municipality, community, public body or agency providing public utility services;

(10)  the socioeconomic conditions necessary for the viability of a community where justified by the low population density of the region.

The commission may take into consideration

(1)  a statement transmitted by a regional county municipality or a community indicating that the application is inconsistent with the objectives of the development plan and with the provisions of the complementary document;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20; 1996, c. 2, s. 812; 1996, c. 26, s. 38; 1997, c. 44, s. 103; 2000, c. 56, s. 188; 2001, c. 35, s. 8.

2000-12-20

62. The commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on existing agricultural activities and their development, and on the possible agricultural use of neighbouring lots;

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced, in particular where the application concerns a lot included in a census agglomeration or a census metropolitan area as defined by Statistics Canada or a lot situated in the territory of a community;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the territory of the local municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for farming activities;

(9)  the impact on the economic development of the region upon proof submitted by a municipality, community, public body or agency providing public utility services;

(10)  the socioeconomic conditions necessary for the viability of a community where justified by the low population density of the region.

The commission may take into consideration

(1)  a statement transmitted by a regional county municipality or a community indicating that the application is inconsistent with the objectives of the development plan and with the provisions of the complementary document;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20; 1996, c. 2, s. 812; 1996, c. 26, s. 38; 1997, c. 44, s. 103; 2000, c. 56, s. 188.

1997-06-20

62. The commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on existing agricultural activities and their development, and on the possible agricultural use of neighbouring lots;

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced, in particular where the application concerns a lot included in a census agglomeration or a census metropolitan area as defined by Statistics Canada or a lot situated in the territory of the Commission de développement de la métropole;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the territory of the local municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for farming activities;

(9)  the impact on the economic development of the region upon proof submitted by a municipality, community, public body or agency providing public utility services;

(10)  the socioeconomic conditions necessary for the viability of a community where justified by the low population density of the region.

The commission may take into consideration

(1)  a statement transmitted by a regional county municipality or a community indicating that the application is inconsistent with the objectives of the development plan and with the provisions of the complementary document or with the objectives of the land use plan of the Commission de développement de la métropole;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20; 1996, c. 2, s. 812; 1996, c. 26, s. 38; 1997, c. 44, s. 103.

1996-05-08

62. Subject to sections 69.0.7 and 69.0.8, the commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on the use and the possibilities of agricultural use of neighbouring lots;

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the territory of the local municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for farming activities;

(9)  the impact on the economic development of the region upon proof submitted by a municipality, community, public body or agency providing public utility services.

The commission may take into consideration

(1)  the socioeconomic conditions necessary for the viability of a rural community where the low density of occupancy of the territory and the isolation of the community within a region justify it;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20; 1996, c. 2, s. 812.

1989-07-01

62. Subject to sections 69.0.7 and 69.0.8, the commission may authorize, on such conditions as it may determine, the use, for purposes other than agriculture, the subdivision, the alienation, the inclusion or the exclusion of a lot or the cutting of maple trees.

In rendering a decision, giving its advice or issuing a permit on a matter referred to it, the commission shall take into consideration

(1)  the soil capability of the lot and of the neighbouring lots;

(2)  the possible uses of the lot for agricultural purposes;

(3)  the consequences of an authorization on the use and the possibilities of agricultural use of neighbouring lots;

(4)  the restrictions and effects resulting from the application of the Acts and the regulations, in particular those relating to the environment and, more particularly, with respect to livestock operations;

(5)  the availability of other sites where farming restrictions would be eliminated or reduced;

(6)  the homogeneity of the farming community and farming operations;

(7)  the impact on the preservation of water and soil resources in the municipality and in the region;

(8)  the establishment of land holdings having an area sufficient for farming activities;

(9)  the impact on the economic development of the region upon proof submitted by a regional county municipality, municipal corporation, community, public body or agency providing public utility services.

The commission may take into consideration

(1)  the socioeconomic conditions necessary for the viability of a rural community where the low density of occupancy of the territory and the isolation of the community within a region justify it;

(2)  the consequences of a refusal for the applicant.

1978, c. 10, s. 62; 1985, c. 26, s. 21; 1989, c. 7, s. 20.

1985-06-20

62. The commission may authorize, on such conditions as it may determine, the use for purposes other than agriculture, subdivision, alienation, inclusion or exclusion of a lot.

In considering the application, the commission may examine the compatibility of the application with the possibilities of agricultural use of the neighbouring lots, the availability of other sites and the consequences a refusal would have for the applicant, taking into account the criteria mentioned in section 12.

When considering the consequences of a refusal for the applicant, the commission is not required to take into account acts performed in contravention of this Act.

The commission may examine the socioeconomic conditions necessary for the viability of a rural community where that is justified by the low density of occupancy of the territory and the isolation of the region.

The commission shall also examine the consequences of an authorization with respect to the possibilities of agricultural use of the neighbouring lots; it shall take into account the restrictions and effects resulting from the application of the Acts and the regulations, particularly those relating to the environment.

1978, c. 10, s. 62; 1985, c. 26, s. 21.

1978-12-22

62. The commission may authorize, on such conditions as it may determine, the use for purposes other than agriculture, subdivision, alienation, inclusion or exclusion of a lot.

In considering the application, the commission may examine the compatibility of the application with the use of the neighbouring lots and the consequences a refusal would have for the applicant, taking into account the criteria mentioned in section 12.

1978, c. 10, s. 62.