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R-13 - Watercourses Act

Section 8
Disposition versions

Full text
8. In no case may a local municipality issue a permit to build in a floodplain recognized by government regulation until a by-law prohibiting or governing construction in that floodplain, passed by the municipality under paragraph 16 of the second paragraph of section 113 and section 118 of the Act respecting land use planning and development (chapter A‐19.1), is in force.
Where no land use planning and development plan adopted under the Act respecting land use planning and development is in force in the territory of the municipality, the by-law referred to in the first paragraph that is passed by the municipality shall be approved by the Minister of Sustainable Development, Environment and Parks.
R. S. 1964, c. 84, s. 8; 1979, c. 49, s. 37; 1982, c. 25, s. 24; 1994, c. 17, s. 63; 1996, c. 2, s. 861; 1999, c. 36, s. 158; 2002, c. 68, s. 52; 2006, c. 3, s. 35.
8. In no case may a local municipality issue a permit to build in a floodplain recognized by government regulation until a by-law prohibiting or governing construction in that floodplain, passed by the municipality under paragraph 16 of the second paragraph of section 113 and section 118 of the Act respecting land use planning and development (chapter A-19.1), is in force.
Where no land use planning and development plan adopted under the Act respecting land use planning and development is in force in the territory of the municipality, the by-law referred to in the first paragraph that is passed by the municipality shall be approved by the Minister of the Environment.
R. S. 1964, c. 84, s. 8; 1979, c. 49, s. 37; 1982, c. 25, s. 24; 1994, c. 17, s. 63; 1996, c. 2, s. 861; 1999, c. 36, s. 158; 2002, c. 68, s. 52.
8. In no case may a local municipality issue a permit to build in a floodplain recognized by government regulation until a by-law prohibiting or governing construction in that floodplain, passed by the municipality under paragraph 16 of the second paragraph of section 113 and section 118 of the Act respecting land use planning and development (chapter A-19.1), is in force.
Where no development plan adopted under the Act respecting land use planning and development is in force in the territory of the municipality, the by-law referred to in the first paragraph that is passed by the municipality shall be approved by the Minister of the Environment.
R. S. 1964, c. 84, s. 8; 1979, c. 49, s. 37; 1982, c. 25, s. 24; 1994, c. 17, s. 63; 1996, c. 2, s. 861; 1999, c. 36, s. 158.
8. In no case may a local municipality issue a permit to build in a floodplain recognized by government regulation until a by-law prohibiting or governing construction in that floodplain, passed by the municipality under paragraph 16 of the second paragraph of section 113 and section 118 of the Act respecting land use planning and development (chapter A-19.1), is in force.
Where no development plan adopted under the Act respecting land use planning and development is in force in the territory of the municipality, the by-law referred to in the first paragraph that is passed by the municipality shall be approved by the Minister of the Environment and Wildlife.
R. S. 1964, c. 84, s. 8; 1979, c. 49, s. 37; 1982, c. 25, s. 24; 1994, c. 17, s. 63; 1996, c. 2, s. 861.
8. In no case may a municipality issue a permit to build in a floodplain recognized by government regulation until the municipality has passed a by-law prohibiting or governing construction in that floodplain under paragraph 16 of the second paragraph of section 113 and section 118 of the Act respecting land use planning and development (chapter A-19.1).
The municipal by-law passed under this section comes into force if it complies with the development plan of the regional county municipality of which the municipality forms part or, if no development plan is in force, on the approval of the Minister of the Environment and Wildlife. Conformity of the municipal by-law to the development plan is determined according to sections 36 to 45 of the Act respecting land use planning and development.
R. S. 1964, c. 84, s. 8; 1979, c. 49, s. 37; 1982, c. 25, s. 24; 1994, c. 17, s. 63.
8. In no case may a municipality issue a permit to build in a floodplain recognized by government regulation until the municipality has passed a by-law prohibiting or governing construction in that floodplain under paragraph 16 of the second paragraph of section 113 and section 118 of the Act respecting land use planning and development (chapter A-19.1).
The municipal by-law passed under this section comes into force if it complies with the development plan of the regional county municipality of which the municipality forms part or, if no development plan is in force, on the approval of the Minister of the Environment. Conformity of the municipal by-law to the development plan is determined according to sections 36 to 45 of the Act respecting land use planning and development.
R. S. 1964, c. 84, s. 8; 1979, c. 49, s. 37; 1982, c. 25, s. 24.
8. (1)  Any corporation, partnership or person intending to establish, in any water referred to in section 5, any of the works mentioned in that section, must make application by petition to the Government, and forward such petition to the Minister of Environment, with a plan, specifications and a memorandum showing the site chosen, the nature of the construction and the land or lands and the rights which will be prejudicially affected,—and such plan and specifications must likewise be deposited at the registry office of the registration division where it is intended to carry on the work, where they may be examined by any person during office hours.
(2)  Moreover, notice, in accordance with form 1, must be given during four consecutive weeks, of the application and of the deposit of such plan and specifications, by advertisement published in the Gazette officielle du Québec, and also in the locality where it is proposed to carry on the work, in the manner in which municipal public notices are there published; however, when the work has to be carried on in territory not yet organized, the notice in the Gazette officielle du Québec shall suffice.
R. S. 1964, c. 84, s. 8; 1979, c. 49, s. 37.
8. (1)  Any corporation, partnership or person intending to establish, in any water referred to in section 5, any of the works mentioned in that section, must make application by petition to the Gouvernement, and forward such petition to the Minister of Natural Resources, with a plan, specifications and a memorandum showing the site chosen, the nature of the construction and the land or lands and the rights which will be prejudicially affected,—and such plan and specifications must likewise be deposited at the registry office of the registration division where it is intended to carry on the work, where they may be examined by any person during office hours.
(2)  Moreover, notice, in accordance with form 1, must be given during four consecutive weeks, of the application and of the deposit of such plan and specifications, by advertisement published in the Gazette officielle du Québec, and also in the locality where it is proposed to carry on the work, in the manner in which municipal public notices are there published; however, when the work has to be carried on in territory not yet organized, the notice in the Gazette officielle du Québec shall suffice.
R. S. 1964, c. 84, s. 8.
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