A-19.1 - Act respecting land use planning and development

Section 112 Disposition versions

2021-11-05

112. The council of the municipality may prohibit new uses of the land, new structures, demolitions, applications for cadastral operations or the parcelling out of lots by alienation.

However, no such prohibition may apply to

(1)  new uses of the land, structures, demolitions, applications for cadastral operations or the parcelling out of lots by alienation

(a)  for agricultural purposes on land under cultivation;

(b)  for the purposes of the installation, by a municipality, of water or sewer services in an existing public street in execution of an order made under the Environment Quality Act (chapter Q‐2);

(c)  for the purposes of the installation of electricity, gas, telecommunication or cable distribution networks;

(d)  for the purposes of a forest management activity or of a wildlife management activity on lands in the domain of the State;

(2)  applications for cadastral operations required by a declaration of co‐ownership made under article 1038 of the Civil Code or by the alienation of part of a building requiring the partitioning of the land on which it is situated.

For the purposes of the first paragraph, the council may provide that new uses of the land, new structures, demolitions, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the municipality. In such a case, the council may impose prohibitions that apply to one, several or all of the classes, subclasses or parts of territory or that vary according to class, subclass or part of territory or to any combination comprised of a class or subclass and a part of territory.

As soon as practicable after the passage of the resolution by which the council makes the decision under the first paragraph or changes or repeals it, the clerk or the clerk-treasurer shall transmit a certified copy thereof to the regional county municipality and publish notice of the date of passage of the resolution in a newspaper circulated in the territory of the municipality.

1979, c. 51, s. 112; 1993, c. 3, s. 52; 1996, c. 25, s. 53; 1999, c. 40, s. 18; 2021, c. 10, s. 92; 2021, c. 31, s. 132.

2021-04-01

112. The council of the municipality may prohibit new uses of the land, new structures, demolitions, applications for cadastral operations or the parcelling out of lots by alienation.

However, no such prohibition may apply to

(1)  new uses of the land, structures, demolitions, applications for cadastral operations or the parcelling out of lots by alienation

(a)  for agricultural purposes on land under cultivation;

(b)  for the purposes of the installation, by a municipality, of water or sewer services in an existing public street in execution of an order made under the Environment Quality Act (chapter Q‐2);

(c)  for the purposes of the installation of electricity, gas, telecommunication or cable distribution networks;

(d)  for the purposes of a forest management activity or of a wildlife management activity on lands in the domain of the State;

(2)  applications for cadastral operations required by a declaration of co‐ownership made under article 1038 of the Civil Code or by the alienation of part of a building requiring the partitioning of the land on which it is situated.

For the purposes of the first paragraph, the council may provide that new uses of the land, new structures, demolitions, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the municipality. In such a case, the council may impose prohibitions that apply to one, several or all of the classes, subclasses or parts of territory or that vary according to class, subclass or part of territory or to any combination comprised of a class or subclass and a part of territory.

As soon as practicable after the passage of the resolution by which the council makes the decision under the first paragraph or changes or repeals it, the clerk or the secretary-treasurer shall transmit a certified copy thereof to the regional county municipality and publish notice of the date of passage of the resolution in a newspaper circulated in the territory of the municipality.

1979, c. 51, s. 112; 1993, c. 3, s. 52; 1996, c. 25, s. 53; 1999, c. 40, s. 18; 2021, c. 10, s. 92.

1999-10-22

112. The council of the municipality may prohibit new uses of the land, new structures, applications for cadastral operations or the parcelling out of lots by alienation.

However, no such prohibition may apply to

(1)  new uses of the land, structures, applications for cadastral operations or the parcelling out of lots by alienation

(a)  for agricultural purposes on land under cultivation;

(b)  for the purposes of the installation, by a municipality, of water or sewer services in an existing public street in execution of an order made under the Environment Quality Act (chapter Q‐2);

(c)  for the purposes of the installation of electricity, gas, telecommunication or cable distribution networks;

(d)  for the purposes of a forest management activity or of a wildlife management activity on lands in the domain of the State;

(2)  applications for cadastral operations required by a declaration of co‐ownership made under article 1038 of the Civil Code or by the alienation of part of a building requiring the partitioning of the land on which it is situated.

For the purposes of the first paragraph, the council may provide that new uses of the land, new structures, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the municipality. In such a case, the council may impose prohibitions that apply to one, several or all of the classes, subclasses or parts of territory or that vary according to class, subclass or part of territory or to any combination comprised of a class or subclass and a part of territory.

As soon as practicable after the passage of the resolution by which the council makes the decision under the first paragraph or changes or repeals it, the clerk or the secretary-treasurer shall transmit a certified copy thereof to the regional county municipality and publish notice of the date of passage of the resolution in a newspaper circulated in the territory of the municipality.

1979, c. 51, s. 112; 1993, c. 3, s. 52; 1996, c. 25, s. 53; 1999, c. 40, s. 18.

1996-06-20

112. The council of the municipality may prohibit new uses of the land, new structures, applications for cadastral operations or the parcelling out of lots by alienation.

However, no such prohibition may apply to

(1)  new uses of the land, structures, applications for cadastral operations or the parcelling out of lots by alienation

(a)  for agricultural purposes on land under cultivation;

(b)  for the purposes of the installation, by a municipality, of water or sewer services in an existing public street in execution of an order made under the Environment Quality Act (chapter Q-2);

(c)  for the purposes of the installation of electricity, gas, telecommunication or cable distribution networks;

(d)  for the purposes of a forest management activity or of a wildlife management activity on lands in the public domain;

(2)  applications for cadastral operations required by a declaration of co-ownership made under article 1038 of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64) or by the alienation of part of a building requiring the partitioning of the land on which it is situated.

For the purposes of the first paragraph, the council may provide that new uses of the land, new structures, applications for cadastral operations and the parcelling out of lots by alienation constitute classes of activities, establish subclasses or divide the territory of the municipality. In such a case, the council may impose prohibitions that apply to one, several or all of the classes, subclasses or parts of territory or that vary according to class, subclass or part of territory or to any combination comprised of a class or subclass and a part of territory.

As soon as practicable after the passage of the resolution by which the council makes the decision under the first paragraph or changes or repeals it, the clerk or the secretary-treasurer shall transmit a certified copy thereof to the regional county municipality and publish notice of the date of passage of the resolution in a newspaper circulated in the territory of the municipality.

1979, c. 51, s. 112; 1993, c. 3, s. 52; 1996, c. 25, s. 53.

1993-05-01

112. For the application of the interim control in connection with the procedure for amending the planning program of the municipality, sections 61 to 65 and 67 to 73 shall apply, with the following adaptations:

(1)  the municipality is considered to be the regional county municipality and is the only municipality referred to in sections 61 to 65;

(2)  the resolution under which the council, in accordance with the second paragraph of section 109.1, provides for the application of the interim control shall be considered to be a resolution prescribed in section 4;

(3)  the territory in which interim control applies shall be that which is mentioned in the resolution referred to in subparagraph 2 of this section, subject to any by-law adopted under section 63;

(4)  the latest of the following dates is considered to be the date of issue of the certificate of conformity referred to in sections 61 and 63:

(a)  the date of coming into force of the last concordance by-law that the council is required to adopt in accordance with section 58, 59, 59.5 or 110.4 for the purpose of taking into account, as the case may be, the amendment or revision of the development plan or the amendment of the planning program;

(b)  the date on which all by-laws of the municipality, among those referred to in section 59.1, which need not be amended by a concordance by-law for the purpose of taking into account the revision of the development plan are determined under the fourth paragraph of section 59.2 or 59.4;

(c)  the date on which all by-laws of the municipality, among those referred to in section 110.4, which need not be amended by a concordance by-law for the purpose of taking into account the amendment of the planning program, are deemed, under the first or second paragraph of section 110.9, to be in conformity with the amended planning program;

(5)  any amendment provided for in the second paragraph of section 64 comes into force according to the rules prescribed in section 137.15 or 137.16, as the case may be.

Sections 61, 62 and 73 cease to have effect, and any by-law adopted under section 63 ceases to be in force, for the application of the interim control in connection with the procedure for amending the planning program, where the resolution or the part of a resolution provided for the application of the control is repealed or struck out.

1979, c. 51, s. 112; 1993, c. 3, s. 52.

1980-04-15

112. In a municipality contemplated in section 111, from the date of the passing of the resolution provided for in the second paragraph of section 109 until the date of the coming into force of all the by-laws that the municipality must adopt under section 102, the interim control measures provided for in sections 61 to 73 apply, mutatismutandis, to the territory contemplated in the resolution, and the municipality then has the powers provided by these sections.

1979, c. 51, s. 112.