Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

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

Section 65
Disposition versions

Full text
65. A regional county municipality or a community wishing to apply for the exclusion of a lot from the agricultural zone, for its own purposes or for a project of which it is the promoter, must apply therefor to the commission. The regional county municipality or the community may identify more than one area for the purposes of the application for exclusion.
An application for exclusion made by an applicant other than an applicant mentioned in the first paragraph is not admissible.
The applicant must transmit a copy of the application to the local municipality concerned or, as the case may be, the local municipalities concerned. Upon receipt of the copy, the clerk or secretary-treasurer of the local municipality shall advise the commission of the date of receipt.
The local municipality may require from the applicant any information and document it considers relevant.
The local municipality shall, within 45 days of receiving the copy of the application, transmit to the commission all the information required by the commission, in particular as regards the standards intended to reduce the inconvenience caused by odours resulting from agricultural activities established pursuant to 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), and its recommendation, and transmit the assessment of an authorized officer as to whether the application is consistent with its zoning by-law and with the interim control measures, if any.
Sections 58.2 to 58.4, adapted as required, apply to a recommendation and to an application for exclusion.
1978, c. 10, s. 65; 1985, c. 26, s. 22; 1989, c. 7, s. 24; 1996, c. 2, s. 814; 1996, c. 26, s. 42; 2021, c. 35, s. 79.
65. A regional county municipality or a community wishing to apply for the exclusion of a lot from the agricultural zone, for its own purposes or for a project of which it is the promoter, must apply therefor to the local municipality in whose territory the lot is situated and forward a copy of the application to the commission. The regional county municipality or the community may identify more than one area for the purposes of the application for exclusion.
An application for exclusion made by an applicant other than an applicant mentioned in the first paragraph is not admissible.
Sections 58.1 to 58.4, adapted as required, apply to an application for exclusion.
1978, c. 10, s. 65; 1985, c. 26, s. 22; 1989, c. 7, s. 24; 1996, c. 2, s. 814; 1996, c. 26, s. 42; 2021, c. 35, s. 79.
65. A regional county municipality or a community wishing to apply for the exclusion of a lot from the agricultural zone, for its own purposes or for a project of which it is the promoter, must apply therefor to the local municipality in whose territory the lot is situated and forward a copy of the application to the commission.
A local municipality wishing to make an application under the first paragraph may do so, with the support of the regional county municipality or the community concerned, by transmitting its application directly to the commission together with the statement as to whether the application is consistent with its zoning by-law, with the interim control measures, if any, and with any other document required by the commission.
An application for exclusion made by an applicant other than an applicant mentioned in the first or second paragraph is not admissible.
Sections 58.1 to 58.4, adapted as required, apply to an application for exclusion.
1978, c. 10, s. 65; 1985, c. 26, s. 22; 1989, c. 7, s. 24; 1996, c. 2, s. 814; 1996, c. 26, s. 42.
65. Upon application of a municipality, a community or an agency providing public services, the commission may, on such conditions as it may determine, exclude from the agricultural zone an aggregate of lots or parts of lots in respect of which a municipality, a community or an agency providing public services projects to authorize a subdivision or a use for a purpose other than agriculture.
The commission shall obtain the advice of the regional county municipality or of the community where the application is not made by the latter. The regional county municipality or the community shall transmit its advice to the commission within 60 days after the application.
Section 62 applies to the application.
If the commission grants the application, it must impose the condition, where applicable, that the development plan and the municipal by-law designed to implement the decision be adopted and in force within 18 months from the date on which the decision was thus rendered, failing which the decision becomes void. In such a case, the commission shall have the exclusion order revoked in the registry office.
1978, c. 10, s. 65; 1985, c. 26, s. 22; 1989, c. 7, s. 24; 1996, c. 2, s. 814.
65. Upon application of a regional county municipality, a municipal corporation, a community or an agency providing public services, the commission may, on such conditions as it may determine, exclude from the agricultural zone an aggregate of lots or parts of lots in respect of which a municipal corporation, a community or an agency providing public services projects to authorize a subdivision or a use for a purpose other than agriculture.
The commission shall obtain the advice of the regional county municipality or of the community where the application is not made by the latter. The regional county municipality or the community shall transmit its advice to the commission within sixty days after the application.
Section 62 applies to the application.
If the commission grants the application, it must impose the condition, where applicable, that the development plan and the municipal by-law designed to implement the decision be adopted and in force within eighteen months from the date on which the decision was thus rendered, failing which the decision becomes void. In such a case, the commission shall have the exclusion order revoked in the registry office.
1978, c. 10, s. 65; 1985, c. 26, s. 22; 1989, c. 7, s. 24.
65. Upon application of a regional county municipality, a municipal corporation, a community or an agency providing public services, the commission may, on such conditions as it may determine, exclude from the agricultural zone an aggregate of lots or parts of lots in respect of which a municipal corporation, a community or an agency providing public services projects to authorize a subdivision or a use for a purpose other than agriculture.
The commission shall obtain the advice of the regional county municipality or of the community where the application is not made by the latter. The regional county municipality or the community shall transmit its advice to the commission within sixty days after the application.
In considering the application, the commission must examine the impact of the project on the economic development of the region and the availability of sites other than those concerned in the application, taking into account the criteria mentioned in section 12.
If the commission grants the application, it must impose the condition, where applicable, that the development plan and the municipal by-law designed to implement the decision be adopted and in force within eighteen months from the date on which the decision was thus rendered, failing which the decision becomes void. In such a case, the commission shall have the exclusion order revoked in the registry office.
1978, c. 10, s. 65; 1985, c. 26, s. 22.
65. Upon application of a municipal corporation, a community or an agency providing public services, the commission may, on such conditions as it may determine, exclude from the agricultural zone an aggregate of lots or parts of lots in respect of which a municipal corporation, a community or an agency providing public services projects to authorize a subdivision or a use for a purpose other than agriculture.
In considering the application, the commission must examine the impact of the project on the economic development of the region and the availibility of sites other than those concerned in the application, taking into account the criteria mentioned in section 12.
If the commission grants the application, it must impose the condition, where applicable, that the municipal by-law designed to implement the decision be adopted and in force within six months from the date on which the decision was thus rendered, failing which the decision becomes void. In such a case, the commission shall have the exclusion order revoked in the registry office.
1978, c. 10, s. 65.
© Gouvernement du Québec