A-19.1 - Act respecting land use planning and development

Section 136.0.1 Disposition versions

2023-06-01

136.0.1. Any replacement by-law referred to in section 110.10.1 must be approved by all qualified voters in accordance, having regard to any adaptation under the second paragraph, with the Act respecting elections and referendums in municipalities (chapter E‐2.2).

The 45-day and 120-day periods provided, respectively, by sections 535 and 568 of that Act shall begin to run on the day after either the day referred to in subparagraph 1 or 2 or the later of those days, according to whether, from among the sections of this Act mentioned in those subparagraphs, only one section mentioned in only one subparagraph applies in respect of the by-law or more than one section mentioned in both subparagraphs applies thereto:

(1)  the day on which the regional county municipality approves the by-law under section 137.3 or the day the municipality receives a copy of the assessment of the Commission, provided for in section 137.5, according to which the by-law conforms to the objectives of the RCM plan and to the provisions of the complementary document;

(2)  the day on which the by-law is deemed, under section 137.13, to be in conformity with the planning program.

If the qualified voters withhold approval of a replacement by-law, a new by-law may be adopted within 90 days after the approval was withheld, despite the expiry of the period prescribed in section 110.10.1.

1997, c. 93, s. 32; 2002, c. 68, s. 52; 2010, c. 10, s. 64, s. 110; 2023, c. 12, s. 73.

2010-06-02

136.0.1. Any by-law adopted under section 134 that, pursuant to section 110.10.1, replaces the zoning or subdivision by-law must be approved by all qualified voters in accordance, having regard to any adaptation under the third paragraph, with the Act respecting elections and referendums in municipalities (chapter E‐2.2).

Where, however, to comply with the obligation under section 110.10.1 to adopt on the same day the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council is required to readopt without amendment a by-law that has received the approval of the qualified voters, the readopted by-law is deemed to have received that approval without having been subject to the process set out in the Act respecting elections and referendums in municipalities.

The 45-day and 120-day periods provided, respectively, by sections 535 and 568 of that Act shall begin to run on the day after either the day referred to in subparagraph 1 or 2 or the later of those days, according to whether, from among the sections of this Act mentioned in those subparagraphs, only one section mentioned in only one subparagraph applies in respect of the by-law or more than one section mentioned in both subparagraphs applies thereto:

(1)  the day on which the regional county municipality approves the by-law under section 137.3 or the day the municipality receives a copy of the assessment of the Commission, provided for in section 137.5, according to which the by-law conforms to the objectives of the RCM plan and to the provisions of the complementary document;

(2)  the day on which the by-law is deemed, under section 137.13, to be in conformity with the planning program.

1997, c. 93, s. 32; 2002, c. 68, s. 52; 2010, c. 10, s. 64, s. 110.

2002-12-19

136.0.1. Any by-law adopted under section 134 that, pursuant to section 110.10.1, replaces the zoning or subdivision by-law must be approved by all qualified voters in accordance, having regard to any adaptation under the third paragraph, with the Act respecting elections and referendums in municipalities (chapter E‐2.2).

Where, however, to comply with the obligation under section 110.10.1 to adopt on the same day the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council is required to readopt without amendment a by-law that has received the approval of the qualified voters, the readopted by-law is deemed to have received that approval without having been subject to the process set out in the Act respecting elections and referendums in municipalities.

The 45-day and 120-day periods provided, respectively, by sections 535 and 568 of that Act shall begin to run on the day after either the day referred to in subparagraph 1 or 2 or the later of those days, according to whether, from among the sections of this Act mentioned in those subparagraphs, only one section mentioned in only one subparagraph applies in respect of the by-law or more than one section mentioned in both subparagraphs applies thereto:

(1)  the day on which the regional county municipality approves the by-law under section 137.3 or the day the municipality receives a copy of the notice of the Commission, provided for in section 137.5, according to which the by-law conforms to the objectives of the land use planning and development plan and to the provisions of the complementary document;

(2)  the day on which the by-law is deemed, under section 137.13, to be in conformity with the planning program.

1997, c. 93, s. 32; 2002, c. 68, s. 52.

1997-12-19

136.0.1. Any by-law adopted under section 134 that, pursuant to section 110.10.1, replaces the zoning or subdivision by-law must be approved by all qualified voters in accordance, having regard to any adaptation under the third paragraph, with the Act respecting elections and referendums in municipalities (chapter E-2.2).

Where, however, to comply with the obligation under section 110.10.1 to adopt on the same day the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the council is required to readopt without amendment a by-law that has received the approval of the qualified voters, the readopted by-law is deemed to have received that approval without having been subject to the process set out in the Act respecting elections and referendums in municipalities.

The 45-day and 120-day periods provided, respectively, by sections 535 and 568 of that Act shall begin to run on the day after either the day referred to in subparagraph 1 or 2 or the later of those days, according to whether, from among the sections of this Act mentioned in those subparagraphs, only one section mentioned in only one subparagraph applies in respect of the by-law or more than one section mentioned in both subparagraphs applies thereto:

(1)  the day on which the regional county municipality approves the by-law under section 137.3 or the day the municipality receives a copy of the notice of the Commission, provided for in section 137.5, according to which the by-law conforms to the objectives of the development plan and to the provisions of the complementary document;

(2)  the day on which the by-law is deemed, under section 137.13, to be in conformity with the planning program.

1997, c. 93, s. 32.