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A-19.1 - Act respecting land use planning and development

Section 137.3
Disposition versions

Full text
137.3. Within 120 days after the documents described in the first paragraph of section 137.2 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the RCM plan and with the provisions of the complementary document or, if not, it shall withhold approval.
However, the council must refuse to give its opinion if the municipality has failed to make a concordance amendment to its planning program or to any of its planning by-laws, except if the proposed amendment
(1)  is a concordance amendment that is a cause of the failure referred to in this paragraph or if not making the amendment would cause such a failure; or
(2)  is necessary, in the regional county municipality’s opinion, for reasons of public safety, public health or environmental protection.
The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons and identify the provisions of the by-law that are not in conformity. The resolution by which the council refuses to give its opinion must identify the concordance amendments the municipality has failed to make.
As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality. However, where the by-law must also be approved by qualified voters and such approval has not been given when the council gives its approval, the documents which must be issued or transmitted under the first paragraph must be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in the third paragraph of section 137.2. However, no certificate of conformity may be issued in respect of a replacement by-law referred to in section 110.10.1 as long as a certificate of conformity has not been issued in respect of the by-law revising the planning program.
As soon as practicable after the adoption of the resolution by which the council of the regional county municipality withholds approval of the by-law or refuses to give its opinion, the secretary shall transmit a certified copy of the resolution to the municipality.
In the case of a replacement by-law referred to in section 110.10.1, a new by-law may be adopted within 90 days after the approval was withheld, despite the expiry of the period prescribed in that section.
1993, c. 3, s. 66; 1996, c. 25, s. 59; 1997, c. 93, s. 34; 2010, c. 10, s. 112; 2023, c. 12, s. 75.
137.3. Within 120 days after the documents described in the first paragraph of section 137.2 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the RCM plan and with the provisions of the complementary document or, if not, it shall withhold approval.
In force: 2023-12-01
However, the council must refuse to give its opinion if the municipality has failed to make a concordance amendment to its planning program or to any of its planning by-laws, except if the proposed amendment
(1)  is a concordance amendment that is a cause of the failure referred to in this paragraph or if not making the amendment would cause such a failure; or
(2)  is necessary, in the regional county municipality’s opinion, for reasons of public safety, public health or environmental protection.
The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons and identify the provisions of the by-law that are not in conformity. The resolution by which the council refuses to give its opinion must identify the concordance amendments the municipality has failed to make.
As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality. However, where the by-law must also be approved by qualified voters and such approval has not been given when the council gives its approval, the documents which must be issued or transmitted under the first paragraph must be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in the third paragraph of section 137.2. However, no certificate of conformity may be issued in respect of a replacement by-law referred to in section 110.10.1 as long as a certificate of conformity has not been issued in respect of the by-law revising the planning program.
As soon as practicable after the adoption of the resolution by which the council of the regional county municipality withholds approval of the by-law or refuses to give its opinion, the secretary shall transmit a certified copy of the resolution to the municipality.
In the case of a replacement by-law referred to in section 110.10.1, a new by-law may be adopted within 90 days after the approval was withheld, despite the expiry of the period prescribed in that section.
1993, c. 3, s. 66; 1996, c. 25, s. 59; 1997, c. 93, s. 34; 2010, c. 10, s. 112; 2023, c. 12, s. 75.
137.3. Within 120 days after the documents described in the first paragraph of section 137.2 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the plan and with the provisions of the complementary document, or, if not, it shall withhold approval thereof.
The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons and state the provisions of the by-law that are not in conformity.
As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality. However, where the by-law must also be approved by qualified voters and such approval has not been given when the council gives its approval, the documents which must be issued or transmitted under the first paragraph shall be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in the third paragraph of section 137.2. Furthermore, where, pursuant to section 110.10.1, the council of the municipality adopts on the same day the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the issue and transmission in respect of the by-law approved by the council of the regional county municipality may not be effected as long as the issue and transmisson provided for in this section or in any of sections 109.7, 109.9 and 137.5 cannot be effected in respect of any other by-law so adopted on the same day; the issue and transmission in such a case are effected on the same day in respect of all the by-laws.
As soon as practicable after the adoption of the resolution by which approval of the by-law is withheld, the secretary shall transmit a certified copy of the resolution to the municipality.
1993, c. 3, s. 66; 1996, c. 25, s. 59; 1997, c. 93, s. 34; 2010, c. 10, s. 112.
137.3. Within 120 days after the documents described in the first paragraph of section 137.2 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the plan and with the provisions of the complementary document, or, if not, it shall withhold approval thereof.
The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons and state the provisions of the by-law that are not in conformity.
As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary-treasurer shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality. However, where the by-law must also be approved by qualified voters and such approval has not been given when the council gives its approval, the documents which must be issued or transmitted under the first paragraph shall be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in the third paragraph of section 137.2. Furthermore, where, pursuant to section 110.10.1, the council of the municipality adopts on the same day the by-law revising the planning program and the by-law that replaces the zoning or subdivision by-law, the issue and transmission in respect of the by-law approved by the council of the regional county municipality may not be effected as long as the issue and transmisson provided for in this section or in any of sections 109.7, 109.9 and 137.5 cannot be effected in respect of any other by-law so adopted on the same day; the issue and transmission in such a case are effected on the same day in respect of all the by-laws.
As soon as practicable after the adoption of the resolution by which approval of the by-law is withheld, the secretary-treasurer shall transmit a certified copy of the resolution to the municipality.
1993, c. 3, s. 66; 1996, c. 25, s. 59; 1997, c. 93, s. 34.
137.3. Within 120 days after the documents described in the first paragraph of section 137.2 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the plan and with the provisions of the complementary document, or, if not, it shall withhold approval thereof.
The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons and state the provisions of the by-law that are not in conformity.
As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary-treasurer shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality. However, where the by-law must also be approved by qualified voters and such approval has not been given when the council gives its approval, the documents which must be issued or transmitted under the first paragraph shall be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in the third paragraph of section 137.2.
As soon as practicable after the adoption of the resolution by which approval of the by-law is withheld, the secretary-treasurer shall transmit a certified copy of the resolution to the municipality.
1993, c. 3, s. 66; 1996, c. 25, s. 59.
137.3. Within 120 days after the documents described in the first paragraph of section 137.2 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the plan and with the provisions of the complementary document, or, if not, it shall withhold approval thereof.
The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons and state the provisions of the by-law that are not in conformity.
As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary-treasurer shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality. However, where the by-law must also be approved by qualified voters and such approval has not been given when the council gives its approval, the documents which must be issued or transmitted under the first paragraph shall be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in section 131.1.
As soon as practicable after the adoption of the resolution by which approval of the by-law is withheld, the secretary-treasurer shall transmit a certified copy of the resolution to the municipality.
1993, c. 3, s. 66; 1996, c. 25, s. 59.
137.3. Within 120 days after the documents described in section 137.2 are transmitted, the council of the regional county municipality shall approve the by-law if it is in conformity with the objectives of the plan and with the provisions of the complementary document, or, if not, it shall withhold approval thereof.
The resolution by which the council of the regional county municipality withholds approval of the by-law must include reasons.
As soon as practicable after the adoption of the resolution by which the by-law is approved, the secretary-treasurer shall issue a certificate of conformity in respect of the by-law and transmit a certified copy of the certificate to the municipality and, for registration purposes, to the Commission. However, where the by-law must also be approved by qualified voters and such approval has not been given when the council gives its approval, the documents which must be issued or transmitted under the first paragraph shall be issued or transmitted as soon as practicable after the regional county municipality receives the notice provided for in section 131.1.
As soon as practicable after the adoption of the resolution by which approval of the by-law is withheld, the secretary-treasurer shall transmit a certified copy of the resolution to the municipality and, for registration purposes, to the Commission.
1993, c. 3, s. 66.
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