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Q-2 - Environment Quality Act
Section 118.3.3
Disposition versions
118.3.3. A regulation made under this Act prevails over any municipal by-law relating to the same object, unless the by-law has been approved by the Minister, in which case it prevails to the extent determined by the Minister. Notice of such approval must be published without delay in the Gazette officielle du Québec. This paragraph applies despite section 3 of the Municipal Powers Act (chapter C-47.1).
The Minister may amend or revoke any approval granted under the first paragraph if the Government adopts a new regulation relating to a matter covered in a previously approved municipal by-law.
Notice of the Minister’s decision must be published without delay in the Gazette officielle du Québec.
The first paragraph does not apply to the provisions of a regulation made under this Act that prescribes that such a regulation or certain of its sections are to be applied by all municipalities, by a certain category of municipalities or by one or more municipalities if the municipal by-law concerns the implementation of the provisions of a regulation made under this Act.
For the purposes of the first paragraph, the approval of the Minister of Municipal Affairs, Regions and Land Occupancy referred to in section 79.17 of the Act respecting land use planning and development (chapter A-19.1) is equivalent to the approval of the Minister. In such a case, publication in the Gazette officielle du Québec under the first paragraph is not required
118.3.3. A regulation made under this Act prevails over any municipal by-law relating to the same object, unless the by-law has been approved by the Minister, in which case it prevails to the extent determined by the Minister. Notice of such approval must be published without delay in the Gazette officielle du Québec. This paragraph applies despite section 3 of the Municipal Powers Act (chapter C-47.1).
The Minister may amend or revoke any approval granted under the first paragraph if the Government adopts a new regulation relating to a matter covered in a previously approved municipal by-law.
Notice of the Minister’s decision must be published without delay in the Gazette officielle du Québec.
