A-19.1 - Act respecting land use planning and development

Section 115 Disposition versions

2023-06-01

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law includes provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses;

(1.0.1)  to identify the public or private nature of thoroughfares;

(1.1)  to establish the conditions under which a non-conforming lot which is protected by acquired rights may be enlarged or changed, such conditions varying according to the cases prescribed in the by-law;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to regulate or prohibit all or certain cadastral operations, taking into account the topography of the landsite, the proximity of wetlands or bodies of water, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of the place which may be taken into consideration for reasons of public safety or of protection of the environment;

(4.1)  to regulate or prohibit all or certain cadastral operations, taking into account the proximity of a place where the present or planned presence or carrying out, present or planned, of an immovable or activity results in land occupation being subject to major restrictions for reasons of public safety, public health or the general welfare;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning program, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to transfer, free of charge, the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(7.1)  to require, as a precondition to the approval of a plan relating to a cadastral operation, an undertaking by the owner to transfer, free of charge, a parcel of land or a servitude shown on the plan and intended to provide public access to a lake or watercourse;

(8)  (subparagraph repealed);

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immovables comprised in the plan;

(12)  to prescribe any other additional measure to govern division of the land as well as the dimensions of and development standards for public and private thoroughfares.

For the purposes of subparagraph 4 or 4.1 of the second paragraph, the subdivision by-law may, in particular, divide the territory of the municipality, establish classes of cadastral operations to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of territory, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

The council shall determine the cases, other than those referred to in the second paragraph of section 117.2, in which an undertaking to transfer a parcel of land or a servitude may be required under subparagraph 7.1 of the second paragraph, as well as the terms and conditions of such a transfer. However, the area of the land or servitude to be transferred must not exceed 10% of the area of all the parcels of land affected by a cadastral operation, taking into account, in favour of the owner, any transfer or payment required under Division II.1. Where such an operation concerns an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), only the area of the part of the site that is intended for non-agricultural purposes must be considered.

For the purposes of subparagraph 7.1 of the second paragraph,

(1)  the acquisition of a servitude by a municipality entails the right to develop the site of the servitude, in particular by the construction of infrastructures or equipment the use of which is inherent in the use or maintenance of a public water access point; and

(2)  no term may be stipulated with respect to a servitude acquired by a municipality.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2; 1993, c. 3, s. 55; 1996, c. 25, s. 55; 1998, c. 31, s. 5; 2017, c. 13, s. 7; 2017, c. 14, s. 43; 2021, c. 7, s. 10; 2023, c. 12, s. 57.

2022-03-01

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law includes provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses;

(1.0.1)  to identify the public or private nature of thoroughfares;

(1.1)  to establish the conditions under which a non-conforming lot which is protected by acquired rights may be enlarged or changed, such conditions varying according to the cases prescribed in the by-law;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to regulate or prohibit all or certain cadastral operations, taking into account the topography of the landsite, the proximity of wetlands or bodies of water, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of the place which may be taken into consideration for reasons of public safety or of protection of the environment;

(4.1)  to regulate or prohibit all or certain cadastral operations, taking into account the proximity of a place where the present or planned presence or carrying out, present or planned, of an immovable or activity results in land occupation being subject to major restrictions for reasons of public safety, public health or the general welfare;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning program, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to transfer, free of charge, the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(7.1)  to require, as a precondition to the approval of a plan relating to a cadastral operation, an undertaking by the owner to transfer, free of charge, a parcel of land shown on the plan and intended to provide public access to a lake or watercourse;

(8)  (subparagraph repealed);

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immovables comprised in the plan;

(12)  to prescribe any other additional measure to govern division of the land as well as the dimensions of and development standards for public and private thoroughfares.

For the purposes of subparagraph 4 or 4.1 of the second paragraph, the subdivision by-law may, in particular, divide the territory of the municipality, establish classes of cadastral operations to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of territory, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

The council shall determine the cases, other than those referred to in the second paragraph of section 117.2, in which an undertaking to transfer a parcel of land may be required under subparagraph 7.1 of the second paragraph, as well as the terms and conditions of such a transfer. However, the area of the land to be transferred must not exceed 10% of the area of all the parcels of land affected by a cadastral operation, taking into account, in favour of the owner, any transfer or payment required under Division II.1.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2; 1993, c. 3, s. 55; 1996, c. 25, s. 55; 1998, c. 31, s. 5; 2017, c. 13, s. 7; 2017, c. 14, s. 43; 2021, c. 7, s. 10.

2021-03-25

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law includes provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses;

(1.0.1)  to identify the public or private nature of thoroughfares;

(1.1)  to establish the conditions under which a non-conforming lot which is protected by acquired rights may be enlarged or changed, such conditions varying according to the cases prescribed in the by-law;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to regulate or prohibit all or certain cadastral operations, taking into account the topography of the landsite, the proximity of wetlands or bodies of water, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of the place which may be taken into consideration for reasons of public safety or of protection of the environment; to provide, in respect of an immovable that is described in the subdivision by-law and that is situated in a flood zone to which a prohibition or rule made under this subparagraph applies, for an exemption from the prohibition or rule for any cadastral operation specified in the by-law;

(4.1)  to regulate or prohibit all or certain cadastral operations, taking into account the proximity of a place where the present or planned presence or carrying out, present or planned, of an immovable or activity results in land occupation being subject to major restrictions for reasons of public safety, public health or the general welfare;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning program, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to transfer, free of charge, the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(7.1)  to require, as a precondition to the approval of a plan relating to a cadastral operation, an undertaking by the owner to transfer, free of charge, a parcel of land shown on the plan and intended to provide public access to a lake or watercourse;

(8)  (subparagraph repealed);

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immovables comprised in the plan;

(12)  to prescribe any other additional measure to govern division of the land as well as the dimensions of and development standards for public and private thoroughfares.

For the purposes of subparagraph 4 or 4.1 of the second paragraph, the subdivision by-law may, in particular, divide the territory of the municipality, establish classes of cadastral operations to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of territory, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

The council shall determine the cases, other than those referred to in the second paragraph of section 117.2, in which an undertaking to transfer a parcel of land may be required under subparagraph 7.1 of the second paragraph, as well as the terms and conditions of such a transfer. However, the area of the land to be transferred must not exceed 10% of the area of all the parcels of land affected by a cadastral operation, taking into account, in favour of the owner, any transfer or payment required under Division II.1.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2; 1993, c. 3, s. 55; 1996, c. 25, s. 55; 1998, c. 31, s. 5; 2017, c. 13, s. 7; 2017, c. 14, s. 43; 2021, c. 7, s. 10.

2017-06-16

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law includes provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses;

(1.0.1)  to identify the public or private nature of thoroughfares;

(1.1)  to establish the conditions under which a non-conforming lot which is protected by acquired rights may be enlarged or changed, such conditions varying according to the cases prescribed in the by-law;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to regulate or prohibit all or certain cadastral operations, taking into account the topography of the landsite, the proximity of wetlands or bodies of water, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of the place which may be taken into consideration for reasons of public safety or of protection of the environment; to provide, in respect of an immovable that is described in the subdivision by-law and that is situated in a flood zone to which a prohibition or rule made under this subparagraph applies, for an exemption from the prohibition or rule for any cadastral operation specified in the by-law;

(4.1)  to regulate or prohibit all or certain cadastral operations, taking into account the proximity of a place where the present or planned presence or carrying out, present or planned, of an immovable or activity results in land occupation being subject to major restrictions for reasons of public safety, public health or the general welfare;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning program, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey, free of charge, the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  (subparagraph repealed);

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immovables comprised in the plan;

(12)  to prescribe any other additional measure to govern division of the land as well as the dimensions of and development standards for public and private thoroughfares.

For the purposes of subparagraph 4 or 4.1 of the second paragraph, the subdivision by-law may, in particular, divide the territory of the municipality, establish classes of cadastral operations to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of territory, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2; 1993, c. 3, s. 55; 1996, c. 25, s. 55; 1998, c. 31, s. 5; 2017, c. 13, s. 7; 2017, c. 14, s. 43.

1998-06-17

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law includes provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses;

(1.0.1)  to identify the public or private nature of thoroughfares;

(1.1)  to establish the conditions under which a non-conforming lot which is protected by acquired rights may be enlarged or changed, such conditions varying according to the cases prescribed in the by-law;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to regulate or prohibit all or certain cadastral operations, taking into account the topography of the landsite, the proximity of a stream or a lake, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of the place which may be taken into consideration of reasons of public safety or of the environmental protection regarding riverbanks and lakeshores, littoral zones or floodplains; to provide, in respect of an immovable that is described in the subdivision by-law and that is situated in a flood zone to which a prohibition or rule made under this subparagraph applies, for an exemption from the prohibition or rule for any cadastral operation specified in the by-law;

(4.1)  to regulate or prohibit all or certain cadastral operations, taking into account the proximity of a place where the present or planned presence or carrying out, present or planned, of an immovable or activity results in land occupation being subject to major restrictions for reasons of public safety, public health or the general welfare;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning program, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey, free of charge, the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  (subparagraph repealed);

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immovables comprised in the plan.

For the purposes of subparagraph 4 or 4.1 of the second paragraph, the subdivision by-law may, in particular, divide the territory of the municipality, establish classes of cadastral operations to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of territory, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2; 1993, c. 3, s. 55; 1996, c. 25, s. 55; 1998, c. 31, s. 5.

1996-11-01

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law include provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses;

(1.0.1)  to identify the public or private nature of thoroughfares;

(1.1)  to establish the conditions under which a non-conforming lot which is protected by acquired rights may be enlarged or changed, such conditions varying according to the cases prescribed in the by-law;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to regulate or prohibit all or certain cadastral operations, taking into account the topography of the landsite, the proximity of a stream or a lake, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of the place which may be taken into consideration of reasons of public safety or of the environmental protection regarding riverbanks and lakeshores, littoral zones or floodplains;

(4.1)  to regulate or prohibit all or certain cadastral operations, taking into account the proximity of a place where the present or planned presence or carrying out, present or planned, of an immovable or activity results in land occupation being subject to major restrictions for reasons of public safety, public health or the general welfare;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning programme, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey, free of charge, the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  (subparagraph repealed);

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immovables comprised in the plan.

For the purposes of subparagraph 4 or 4.1 of the second paragraph, the subdivision by-law may, in particular, divide the territory of the municipality, establish classes of cadastral operations to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of territory, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2; 1993, c. 3, s. 55; 1996, c. 25, s. 55.

1993-05-01

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law include provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses and to identify the public or private nature of thoroughfares;

(1.1)  to establish the conditions under which a non-conforming lot which is protected by acquired rights may be enlarged or changed, such conditions varying according to the cases prescribed in the by-law;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to regulate or prohibit all or certain cadastral operations, taking into account the topography of the landsite, the proximity of a stream or a lake, the danger of flood, rockfall, landslide or other disaster, or any other factor specific to the nature of the place which may be taken into consideration of reasons of public safety or of the environmental protection regarding riverbanks and lakeshores, littoral zones or floodplains;

(4.1)  to regulate or prohibit all or certain cadastral operations, taking into account the proximity of a place where the present or planned presence or carrying out, present or planned, of an immovable or activity results in land occupation being subject to major restrictions for reasons of public safety, public health or the general welfare;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning programme, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey, free of charge, the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  (subparagraph repealed);

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immovables comprised in the plan.

For the purposes of subparagraph 4 or 4.1 of the second paragraph, the subdivision by-law may, in particular, divide the territory of the municipality, establish classes of cadastral operations to be prohibited or regulated and establish classes of immovables, activities or other factors which justify, depending on the subparagraph contemplated, such prohibition or regulation. The by-law may, in that case, order prohibitions and rules varying according to the parts of territory, the former classes involved, the latter classes involved or any combination of a number of such criteria of distinction. The by-law may, so as to permit the determination of the territory where a prohibition or a rule applies near a source of restrictions, measure the extent of harmful or undesirable effects caused by the source.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2; 1993, c. 3, s. 55.

1991-06-20

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law include provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses and to identify the public or private nature of thoroughfares;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to govern or prohibit, by zone, a cadastral operation, taking into account the topography of the landsite, the proximity of a stream or lake, or the danger of flood, rock fall, landslide or other disaster; any prohibition under this paragraph may be absolute or contemplate only certain classes of immoveables determined by the by-law;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning programme, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  to require, as a precondition to the approval of a plan relating to a cadastral operation, other than a cancellation, a correction or a replacement of lot numbers, which entails no increase in the number of lots, whether it provides for streets or not, that the owner convey to the municipality, for park or playground purposes, an area of land not exceeding 10 % of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or that the owner, instead of conveying such area of land, pay a sum not exceeding 10 % of the value entered on the assessment roll regarding the land comprised in the plan multiplied by the factor fixed for the roll pursuant to the Act respecting municipal taxation (chapter F-2.1), or that he make this contribution partly in land and partly in money; the proceeds of such payment must be paid into a special fund which may be used only for the purchase or development of lands for parks and playgrounds, and the lands conveyed to the municipality under this paragraph shall not be used for parks or playgrounds; the municipality may, however, dispose, in the manner provided for under the Act governing it, of lands it has acquired under this paragraph if they are no longer required for the purposes of establishing parks or playgrounds, and the proceeds therefrom must be paid into that special fund;

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immoveables comprised in the plan.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3; 1991, c. 29, s. 2.

1989-06-22

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law include provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses and to identify the public or private nature of thoroughfares;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to govern or prohibit, by zone, a cadastral operation, taking into account the topography of the landsite, the proximity of a stream or lake, or the danger of flood, rock fall, landslide or other disaster; any prohibition under this paragraph may be absolute or contemplate only certain classes of immoveables determined by the by-law;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning programme, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  to require, as a precondition to the approval of a plan relating to a cadastral operation, other than a cancellation, a correction or a replacement of lot numbers, which entails no increase in the number of lots, whether it provides for streets or not, that the owner convey to the municipality, for park or playground purposes, an area of land not exceeding 10 % of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or that the owner, instead of conveying such area of land, pay a sum not exceeding 10 % of the value entered on the assessment roll regarding the land comprised in the plan, notwithstanding the application of section 214 or 217 of the Act respecting municipal taxation (chapter F-2.1), multiplied by the factor fixed for the roll by the Minister under the said Act, or that he make this contribution partly in land and partly in money; the proceeds of such payment must be paid into a special fund which may be used only for the purchase or development of lands for parks and playgrounds, and the lands conveyed to the municipality under this paragraph shall not be used for parks or playgrounds; the municipality may, however, dispose, in the manner provided for under the Act governing it, of lands it has acquired under this paragraph if they are no longer required for the purposes of establishing parks or playgrounds, and the proceeds therefrom must be paid into that special fund;

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immoveables comprised in the plan.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3; 1989, c. 46, s. 3.

1985-01-01

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law include provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses and to identify the public or private nature of thoroughfares;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to govern or prohibit, by zone, a cadastral operation, taking into account the topography of the landsite, the proximity of a stream or lake, or the danger of flood, rock fall, landslide or other disaster; any prohibition under this paragraph may be absolute or contemplate only certain classes of immoveables determined by the by-law;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning programme, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  to require, as a precondition to the approval of a plan relating to a cadastral operation, other than a cancellation, a correction or a replacement of lot numbers, whether it provides for streets or not, that the owner convey to the municipality, for park or playground purposes, an area of land not exceeding ten per cent of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or that the owner, instead of conveying such area of land, pay a sum not exceeding ten per cent of the value entered on the assessment roll regarding the land comprised in the plan, notwithstanding the application of section 214 or 217 of the Act respecting municipal taxation (chapter F-2.1), multiplied by the factor fixed for the roll by the Minister under the said Act, or that he make this contribution partly in land and partly in money; the proceeds of such payment must be paid into a special fund which may be used only for the purchase or development of lands for parks and playgrounds, and the lands conveyed to the municipality under this paragraph shall not be used for parks or playgrounds; the municipality may, however, dispose, in the manner provided for under the Act governing it, of lands it has acquired under this paragraph if they are no longer required for the purposes of establishing parks or playgrounds, and the proceeds therefrom must be paid into that special fund;

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immoveables comprised in the plan.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21; 1984, c. 38, s. 3.

1984-06-20

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law include provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses and to identify the public or private nature of thoroughfares;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to govern or prohibit, by zone, a cadastral operation, taking into account the topography of the landsite, the proximity of a stream or lake, or the danger of flood, rock fall, landslide or other disaster; any prohibition under this paragraph may be absolute or contemplate only certain classes of immoveables determined by the by-law;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning programme, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  to require, as a precondition to the approval of a plan relating to a cadastral operation, other than a cancellation, a correction or a renumbering of lots, whether it provides for streets or not, that the owner convey to the municipality, for park or playground purposes, an area of land not exceeding ten per cent of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or that the owner, instead of conveying such area of land, pay a sum not exceeding ten per cent of the value entered on the valuation roll regarding the land comprised in the plan, notwithstanding the application of section 214 or 217 of the Act respecting municipal taxation (chapter F-2.1) multiplied by the factor established for the roll by the Minister pursuant to that Act, or that he make this contribution partly in land and partly in money; the proceeds of such payment must be paid into a special fund which may be used only for the purchase or development of lands for parks and playgrounds, and the lands conveyed to the municipality under this subparagraph shall not be used except for parks or playgrounds; the municipality may, however, dispose, for a consideration, by auction, public tenders or in any other manner approved by the Commission, of lands it has acquired under this subparagraph if they are no longer required for the purposes of establishing parks or playgrounds, and the proceeds must be paid into that special fund;

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immoveables comprised in the plan.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76; 1984, c. 27, s. 21.

1982-02-24

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law include provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses and to identify the public or private nature of thoroughfares;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to govern or prohibit, by zone, a cadastral operation, taking into account the topography of the landsite, the proximity of a stream or lake, or the danger of flood, rock fall, landslide or other disaster; any prohibition under this paragraph may be absolute or contemplate only certain classes of immoveables determined by the by-law;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning programme, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  to require, as a precondition to the approval of a plan relating to a cadastral operation, other than a cancellation, a correction or a renumbering of lots, whether it provides for streets or not, that the owner convey to the municipality, for park or playground purposes, an area of land not exceeding ten per cent of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or that the owner, instead of conveying such area of land, pay a sum not exceeding ten per cent of the value entered on the valuation roll regarding the land comprised in the plan, notwithstanding the application of section 214 or 217 of the Act respecting municipal taxation (chapter F-2.1) multiplied by the factor established for the roll by the Minister pursuant to that Act, or that he make this contribution partly in land and partly in money; the proceeds of such payment must be paid into a special fund which may be used only for the purchase or development of lands for parks and playgrounds, and the lands conveyed to the municipality under this subparagraph shall not be used except for parks or playgrounds; the municipality may, however, dispose, for a consideration, by auction, public tenders or in any other manner approved by the Commission municipale du Québec, of lands it has acquired under this subparagraph if they are no longer required for the purposes of establishing parks or playgrounds, and the proceeds must be paid into that special fund;

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immoveables comprised in the plan.

1979, c. 51, s. 115; 1979, c. 72, s. 398; 1982, c. 2, s. 76.

1979-12-21

115. The council of a municipality may adopt a subdivision by-law for its whole territory or any part thereof.

The subdivision by-law include provisions on one or more of the following objects:

(1)  to specify, for each zone provided for in the zoning by-law, the area and dimensions of lots or landsites by category of structures or uses and to identify the public or private nature of thoroughfares;

(2)  to prescribe, according to the topography of the land and its intended use the manner of laying out public or private streets and lanes, the distance to be left between them, and their width;

(3)  to prescribe the minimum area and minimum dimensions of the lots at the time of a cadastral operation, taking into account the nature of the land, the proximity of public works, or the presence or, as the case may be, the absence of septic installations, waterworks or a sanitary sewer system;

(4)  to govern or prohibit, by zone, a cadastral operation, taking into account the topography of the landsite, the proximity of a stream or lake, or the danger of flood, rock fall, landslide or other disaster; any prohibition under this paragraph may be absolute or contemplate only certain classes of immoveables determined by the by-law;

(5)  to prohibit such cadastral operations or category of cadastral operations relating to streets, lanes, walkways or public squares and their layout, as do not conform to the dimension standards provided in the subdivision by-law and the intended layout of thoroughfares provided for in the planning programme, and require the owners of private streets, lanes and walkways provided for to indicate that these are private roads in the manner stipulated by the council;

(6)  to require that the owner of any landsite previously submit to the approval of an officer designated for such purpose any plan for a cadastral operation, whether that plan provides for streets or not;

(7)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner undertake to convey the sites of the thoroughfares or a class of them shown on the plan and intended to be public;

(8)  to require, as a precondition to the approval of a plan relating to a cadastral operation, other than a cancellation or a correction, whether it provides for streets or not, that the owner convey to the municipality, for park or playground purposes, an area of land not exceeding ten per cent of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or that the owner, instead of conveying such area of land, pay a sum not exceeding ten per cent of the value entered on the assessment roll regarding the land comprised in the plan, notwithstanding the application of section 214 or 217 of the Act respecting municipal taxation (chapter F-2.1), or that he make this contribution partly in land and partly in money; the proceeds of such payment must be paid into a special fund which may be used only for the purchase or equipping of lands intended for the establishing or equipping of parks and playgrounds and the lands conveyed to the municipal corporation under this paragraph shall only be used for parks and playgrounds; the municipality may, however, dispose, for a consideration, by auction, public tenders or in any other manner approved by the Commission municipale du Québec, of lands it has acquired under this paragraph if they are no longer required for the purposes of establishing parks or playgrounds, and the proceeds must be paid into that special fund;

(9)  to require, as a precondition to the approval of a plan relating to cadastral operation, that the existing or necessary servitudes of right of way for power supply and communications transmission be indicated on a plan annexed thereto and showing the lots subject to them;

(10)  to require, as a precondition to the approval of a plan relating to a cadastral operation for its whole territory or a part thereof, the presentation of a project of parcelling out of land respecting a territory wider than the land contemplated in the plan and owned by the person applying for approval;

(11)  to require, as a precondition to the approval of a plan relating to a cadastral operation, that the owner pay the municipal taxes exigible and unpaid in respect of the immoveables comprised in the plan.

1979, c. 51, s. 115; 1979, c. 72, s. 398.