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A-19.1 - Act respecting land use planning and development

Section 109.12
Disposition versions

Full text
109.12. Where the council of the municipality fails to adopt a concordance by-law within the period prescribed in section 58 or 59 or within the period prescribed under section 109.10, as the case may be, the council of the regional county municipality may adopt it in its place.
Sections 109.1 to 109.10 do not apply in respect of the by-law adopted by the council of the regional county municipality under the first paragraph. The by-law is considered to be a by-law adopted by the council of the municipality and approved by the council of the regional county municipality. As soon as practicable after the adoption of the by-law, the secretary shall issue a certificate of conformity in respect of it.
As soon as practicable after the adoption of the by-law and the issue of the certificate, the secretary shall transmit a certified copy of the by-law, of the resolution by which it is adopted and of the certificate to the municipality. The copy of the by-law transmitted to the municipality shall stand in lieu of the original for the issue by the municipality of certified copies of the by-law.
The expenses incurred by the regional county municipality to act in the place of the municipality shall be reimbursed by the municipality.
The first four paragraphs also apply where the council of a municipality fails to adopt, within the period prescribed in section 34 or within the period prescribed pursuant to section 40, as the case may be, a by-law whose object is the amendment of the planning program or master plan of the municipality to bring it into conformity with the objectives of the RCM plan and with the provisions of the complementary document.
1993, c. 3, s. 50; 2003, c. 19, s. 21; 2010, c. 10, s. 112, s. 113.
109.12. Where the council of the municipality fails to adopt a concordance by-law within the period prescribed in section 58 or 59 or within the period prescribed under section 109.10, as the case may be, the council of the regional county municipality may adopt it in its place.
Sections 109.1 to 109.10 do not apply in respect of the by-law adopted by the council of the regional county municipality under the first paragraph. The by-law is considered to be a by-law adopted by the council of the municipality and approved by the council of the regional county municipality. As soon as practicable after the adoption of the by-law, the secretary-treasurer shall issue a certificate of conformity in respect of it.
As soon as practicable after the adoption of the by-law and the issue of the certificate, the secretary-treasurer shall transmit a certified copy of the by-law, of the resolution by which it is adopted and of the certificate to the municipality. The copy of the by-law transmitted to the municipality shall stand in lieu of the original for the issue by the municipality of certified copies of the by-law.
The expenses incurred by the regional county municipality to act in the place of the municipality shall be reimbursed by the municipality.
The first four paragraphs also apply where the council of a municipality fails to adopt, within the period prescribed in section 34 or within the period prescribed pursuant to section 40, as the case may be, a by-law whose object is the amendment of the planning program or master plan of the municipality to bring it into conformity with the objectives of the development plan and with the provisions of the complementary document.
1993, c. 3, s. 50; 2003, c. 19, s. 21.
109.12. Where the council of the municipality fails to adopt a concordance by-law within the period prescribed in section 58 or 59 or within the period prescribed under section 109.10, as the case may be, the council of the regional county municipality may adopt it in its place.
Sections 109.1 to 109.10 do not apply in respect of the by-law adopted by the council of the regional county municipality under the first paragraph. The by-law is considered to be a by-law adopted by the council of the municipality and approved by the council of the regional county municipality. As soon as practicable after the adoption of the by-law, the secretary-treasurer shall issue a certificate of conformity in respect of it.
As soon as practicable after the adoption of the by-law and the issue of the certificate, the secretary-treasurer shall transmit a certified copy of the by-law, of the resolution by which it is adopted and of the certificate to the municipality and, for registration purposes, to the Commission. The copy of the by-law transmitted to the municipality shall stand in lieu of the original for the issue by the municipality of certified copies of the by-law.
The expenses incurred by the regional county municipality to act in the place of the municipality shall be reimbursed by the municipality.
The first four paragraphs also apply where the council of a municipality fails to adopt, within the period prescribed in section 34 or within the period prescribed pursuant to section 40, as the case may be, a by-law whose object is the amendment of the planning program or master plan of the municipality to bring it into conformity with the objectives of the development plan and with the provisions of the complementary document.
1993, c. 3, s. 50.
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