P-9.002 - Cultural Heritage Act

Section 165 Disposition versions

2021-04-01

165. If a local municipality submits by by-law an application to that effect, the Minister may declare all or part of section 49 or sections 64 to 67 inapplicable to all or part of a protection area or a site classified as or declared a heritage site forming part of its territory, and declare sections 138 to 140, subparagraph 2 of the first paragraph, the third, fourth, fifth, sixth and seventh paragraphs of section 141 and section 142 applicable to that area or site to the extent the Minister determines.

The Minister may also adjust the applicability or inapplicability of all or part of the sections mentioned in the first paragraph according to the categories of acts or work described in those sections, and determine which provisions of Division II of this chapter apply.

Before reaching a decision on an application, the Minister must take into account the consistency of the municipality’s by-laws with the objectives of this Act as well as the content of any regulation made by the Government under section 80.1 for the declared heritage site concerned, sections 53.5 and 67.2 and any directive established by the Minister under section 61 for that site. The Minister must also obtain the opinion of the Conseil du patrimoine culturel du Québec.

2011, c. 21, s. 165; 2021, c. 10, s. 62.

2012-10-19

165. If a local municipality submits by by-law an application to that effect, the Minister may declare all or part of section 49 or sections 64 to 67 inapplicable to all or part of a protection area or a site classified as or declared a heritage site forming part of its territory, and declare sections 138 to 140, subparagraph 2 of the first paragraph, the second, third, fourth and fifth paragraphs of section 141 and section 142 applicable to that area or site to the extent the Minister determines.

The Minister may also adjust the applicability or inapplicability of all or part of the sections mentioned in the first paragraph according to the categories of acts or work described in those sections, and determine which provisions of Division II of this chapter apply.

Before reaching a decision on an application, the Minister must take into account the by-laws of the municipality with respect to the objectives of this Act and obtain the opinion of the Conseil du patrimoine culturel du Québec.

2011, c. 21, s. 165.