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A-19.1 - Act respecting land use planning and development

Section 132
Disposition versions

Full text
132. Following the adoption of the second draft by-law, the clerk or clerk-treasurer shall, in accordance with the Act governing the municipality for such purposes, issue a public notice
(1)  setting out the number, title and date of adoption of the second draft by-law;
(2)  giving a brief description of the object of the provisions in respect of which an application may be made, or mentioning the fact that a copy of the summary of the second draft by-law may be obtained, free of charge, by any person who so requests;
(3)  (a)  stating which interested persons are entitled to sign an application in respect of each provision and the tenor of an application or, if the object of the provisions is not stated in the notice, explaining, in a general manner, entitlement to sign an application and the tenor of an application and stating how information may be obtained to determine which interested persons are entitled to sign an application in respect of each provision and the tenor of an application;
(b)  setting out the conditions of validity of an application;
(4)  determining the interested persons in a zone and the manner in which a legal person may exercise the right to sign an application, or stating how such information may be obtained;
(5)  describing, using street names whenever possible, the perimeter of each zone from which an application may originate, otherwise than by reason of the fact that it is contiguous to another zone, illustrating it by means of a sketch, or indicating the approximate location of the zone and stating the fact that a description or illustration is available for consultation at the office of the municipality;
(6)  mentioning the fact that the provisions in respect of which no valid application is received may be included in a by-law that is not required to be submitted for the approval of the qualified voters;
(7)  stating the place, dates and times at which the second draft by-law is available for consultation.
If the notice contains a description of the object of a provision other than those referred to in the second and third paragraphs of section 130, the indication of the interested persons entitled to sign an application in respect of that provision, prescribed in subparagraph a of subparagraph 3 of the first paragraph of this section, shall name every zone to which the provision applies, contain a general statement concerning any zone contiguous to the zone so named and, in the case of a provision referred to in the seventh paragraph of section 130, state that the provision is deemed to constitute a separate provision applying separately to each zone named. For the purposes of this paragraph, a zone in which the authorized structures or uses would no longer be the same because of the amended classification under the provision is deemed to be a zone to which the provision applies.
If, under subparagraph 5 of the first paragraph, the perimeter or approximate location of all the zones in the territory of the municipality are to be illustrated or described, the notice need contain no description, illustration or indication, except if it contains the description of the object of the provisions in respect of which an application may be made.
In the case of contiguous zones, the description or illustration of their perimeter or indication of their approximate location may be that of their combined areas.
For the purposes of the first four paragraphs, a sector of a zone is considered to be a zone if, pursuant to the sixth paragraph of section 130, an application may originate from a sector of a zone.
1979, c. 51, s. 132; 1987, c. 57, s. 674; 1996, c. 25, s. 57; 1996, c. 77, s. 5; 2021, c. 31, s. 132.
132. Following the adoption of the second draft by-law, the clerk or secretary-treasurer shall, in accordance with the Act governing the municipality for such purposes, issue a public notice
(1)  setting out the number, title and date of adoption of the second draft by-law;
(2)  giving a brief description of the object of the provisions in respect of which an application may be made, or mentioning the fact that a copy of the summary of the second draft by-law may be obtained, free of charge, by any person who so requests;
(3)  (a)  stating which interested persons are entitled to sign an application in respect of each provision and the tenor of an application or, if the object of the provisions is not stated in the notice, explaining, in a general manner, entitlement to sign an application and the tenor of an application and stating how information may be obtained to determine which interested persons are entitled to sign an application in respect of each provision and the tenor of an application;
(b)  setting out the conditions of validity of an application;
(4)  determining the interested persons in a zone and the manner in which a legal person may exercise the right to sign an application, or stating how such information may be obtained;
(5)  describing, using street names whenever possible, the perimeter of each zone from which an application may originate, otherwise than by reason of the fact that it is contiguous to another zone, illustrating it by means of a sketch, or indicating the approximate location of the zone and stating the fact that a description or illustration is available for consultation at the office of the municipality;
(6)  mentioning the fact that the provisions in respect of which no valid application is received may be included in a by-law that is not required to be submitted for the approval of the qualified voters;
(7)  stating the place, dates and times at which the second draft by-law is available for consultation.
If the notice contains a description of the object of a provision other than those referred to in the second and third paragraphs of section 130, the indication of the interested persons entitled to sign an application in respect of that provision, prescribed in subparagraph a of subparagraph 3 of the first paragraph of this section, shall name every zone to which the provision applies, contain a general statement concerning any zone contiguous to the zone so named and, in the case of a provision referred to in the seventh paragraph of section 130, state that the provision is deemed to constitute a separate provision applying separately to each zone named. For the purposes of this paragraph, a zone in which the authorized structures or uses would no longer be the same because of the amended classification under the provision is deemed to be a zone to which the provision applies.
If, under subparagraph 5 of the first paragraph, the perimeter or approximate location of all the zones in the territory of the municipality are to be illustrated or described, the notice need contain no description, illustration or indication, except if it contains the description of the object of the provisions in respect of which an application may be made.
In the case of contiguous zones, the description or illustration of their perimeter or indication of their approximate location may be that of their combined areas.
For the purposes of the first four paragraphs, a sector of a zone is considered to be a zone if, pursuant to the sixth paragraph of section 130, an application may originate from a sector of a zone.
1979, c. 51, s. 132; 1987, c. 57, s. 674; 1996, c. 25, s. 57; 1996, c. 77, s. 5.
132. Following the adoption of the second draft by-law, the clerk or secretary-treasurer shall, in accordance with the Act governing the municipality for such purposes, issue a public notice
(1)  setting out the number, title and date of adoption of the second draft by-law;
(2)  giving a brief description of the object of the provisions in respect of which an application may be made, or mentioning the fact that a copy of the summary of the second draft by-law may be obtained, free of charge, by any person who so requests;
(3)  (a)  stating which interested persons are entitled to sign an application in respect of each provision and the tenor of an application or, if the object of the provisions is not stated in the notice, explaining, in a general manner, entitlement to sign an application and the tenor of an application and stating how information may be obtained to determine which interested persons are entitled to sign an application in respect of each provision and the tenor of an application;
(b)  setting out the conditions of validity of an application;
(4)  determining the interested persons in a zone and the manner in which a legal person may exercise the right to sign an application, or stating how such information may be obtained;
(5)  describing, using street names whenever possible, the perimeter of each zone from which an application may originate, otherwise than by reason of the fact that it is contiguous to another zone, illustrating it by means of a sketch, or indicating the approximate location of the zone and stating the fact that a description or illustration is available for consultation at the office of the municipality;
(6)  mentioning the fact that the provisions in respect of which no valid application is received may be included in a by-law that is not required to be submitted for the approval of the qualified voters;
(7)  stating the place, dates and times at which the second draft by-law is available for consultation.
If, under subparagraph 5 of the first paragraph, the perimeter or approximate location of all the zones in the territory of the municipality are to be illustrated or described, the notice need contain no description, illustration or indication, except if it contains the description of the object of the provisions in respect of which an application may be made.
In the case of contiguous zones, the description or illustration of their perimeter or indication of their approximate location may be that of their combined areas.
For the purposes of the first three paragraphs, a sector of a zone is considered to be a zone if, pursuant to the sixth paragraph of section 130, an application may originate from a sector of a zone.
1979, c. 51, s. 132; 1987, c. 57, s. 674; 1996, c. 25, s. 57.
132. Every by-law concerning a zone or sector must be approved by the qualified voters of the zone or sector and, as the case may be, of any contiguous zone or sector included in the territory of the municipality in which a sufficient number of qualified voters have signified their intention to take part in the referendum in accordance with sections 134 and 135.
In other cases, the by-law must be approved by the qualified voters of the whole territory of the municipality.
1979, c. 51, s. 132; 1987, c. 57, s. 674.
132. The by-law must be submitted to the registration procedure provided in sections 370 to 384 of the Cities and Towns Act.
1979, c. 51, s. 132.
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