A-19.1 - Act respecting land use planning and development

Section 145.22 Disposition versions

2023-12-08

145.22. A by-law under section 145.21 must indicate

(1)  the zones in respect of which it applies:

(2)  the classes of structure, land or work in respect of which the issue of a building or subdivision permit or a certificate of authorization or occupancy is subordinated to an agreement or to the payment of a contribution;

(3)  the classes of infrastructure or equipment to which the agreement applies and specify, where applicable, that the agreement may pertain to infrastructures and equipment destined, regardless of location, to serve not only immovables to which the permit or certificate applies but also other immovables in the territory of the municipality;

(4)  where applicable, the terms and conditions governing the establishment of the share of the costs related to the work to be borne by the holder of the permit or certificate, according to the classes of structure, land, work, infrastructure or equipment specified in the by-law;

(5)  where applicable, the terms and conditions governing the establishment of the share of the costs related to the work to be borne by any person benefitted by the work, other than the holder of the permit or certificate, according to the classes of structure, land, work, infrastructure or equipment specified in the by-law, prescribe the terms and conditions of payment and collection of aliquot shares, and fix the rate of interest payable on any unpaid amount;

(6)  where applicable, any infrastructure or equipment for which an addition, enlargement or alteration is planned, or any class of such infrastructure or equipment or, as the case may be, the shared transportation service, that may be financed in whole or in part by the payment of a contribution, and specify, where applicable, that the contribution may be used to finance infrastructures or equipment, regardless of location, if they are required for serving not only immovables to which the permit or certificate applies, including their occupants and users, but also other immovables in the territory of the municipality or outside the territory, including their occupants and users;

(7)  the amount of the contribution or the rules for setting it, including, if applicable, any criterion according to which the amount may vary;

The by-law may also subordinate the issue of a building or subdivision permit or a certificate of authorization or occupancy applied for by a person benefitted by the work, within the meaning of subparagraph 5 of the first paragraph, to prior payment, by the latter, of any part of his aliquot share or to the deposit of any guarantee determined by the by-law.

If the payment of a contribution is required under subparagraph 2 or 3 of the first paragraph of section 145.21, the by-law must provide for the establishment of a fund exclusively intended to receive the contribution and to be used for the purposes for which the contribution is required, or for the reimbursement of an amount derived from another fund that was paid to finance the same infrastructure or equipment to which the contribution applies. The by-law may also provide that if there is a surplus, that surplus may be used for the repair or improvement of the infrastructure or equipment. If the municipality has a surplus that cannot be used for such purposes, the residual balance of the fund must be apportioned by the municipality among the owners of the immovables for which the issue of the permit or certificate was subordinated to the payment of the contribution, in proportion to the amounts paid for each immovable. That apportionment must be completed not later than 31 December of the fiscal year following that in which the surplus is recorded.

For the purposes of subparagraphs 6 and 7 of the first paragraph, the municipality must establish an estimate of the cost of any addition, enlargement or alteration to be financed in whole or in part by means of a contribution, which estimate may pertain to a class of infrastructure or equipment. The amount of the contribution, set in accordance with the rules referred to in subparagraph 7 of the first paragraph, must take account of that estimate, which must be published at the same time as the notice described in section 126. This paragraph also applies, with the necessary modifications, to the estimate of the expenses related to a shared transportation service.

1994, c. 32, s. 19; 2016, c. 17, s. 3; 2023, c. 33, s. 2.

2016-06-10

145.22. A by-law under section 145.21 must indicate

(1)  the zones in respect of which it applies:

(2)  the classes of structure, land or work in respect of which the issue of a building or subdivision permit or a certificate of authorization or occupancy is subordinated to an agreement or to the payment of a contribution;

(3)  the classes of infrastructure or equipment to which the agreement applies and specify, where applicable, that the agreement may pertain to infrastructures and equipment destined, regardless of location, to serve not only immovables to which the permit or certificate applies but also other immovables in the territory of the municipality;

(4)  where applicable, the terms and conditions governing the establishment of the share of the costs related to the work to be borne by the holder of the permit or certificate, according to the classes of structure, land, work, infrastructure or equipment specified in the by-law;

(5)  where applicable, the terms and conditions governing the establishment of the share of the costs related to the work to be borne by any person benefitted by the work, other than the holder of the permit or certificate, according to the classes of structure, land, work, infrastructure or equipment specified in the by-law, prescribe the terms and conditions of payment and collection of aliquot shares, and fix the rate of interest payable on any unpaid amount;

(6)  where applicable, any infrastructure or equipment for which an addition, enlargement or alteration is planned or any class of such infrastructure or equipment that may be financed in whole or in part by the payment of a contribution, and specify, where applicable, that the contribution may be used to finance infrastructures or equipment, regardless of location, if they are required for serving not only immovables to which the permit or certificate applies, including their occupants and users, but also other immovables in the territory of the municipality, including their occupants and users;

(7)  the rules, where applicable, for setting the amount of the contribution that the applicant must pay according to the classes of structure, land, work, infrastructure or equipment specified in the by-law.

The by-law may also subordinate the issue of a building or subdivision permit or a certificate of authorization or occupancy applied for by a person benefitted by the work, within the meaning of subparagraph 5 of the first paragraph, to prior payment, by the latter, of any part of his aliquot share or to the deposit of any guarantee determined by the by-law.

If the payment of a contribution is required under subparagraph 2 of the first paragraph of section 145.21, the by-law must provide for the creation of a fund intended exclusively to receive the contribution and to be used for the purposes for which the contribution is required. If the municipality has a surplus that cannot be used for such purposes, the residual balance of the fund must be apportioned by the municipality among the owners of the immovables for which the issue of the permit or certificate was subordinated to the payment of the contribution, in proportion to the amounts paid for each immovable. That apportionment must be completed not later than 31 December of the fiscal year following that in which the surplus is recorded.

For the purposes of subparagraphs 6 and 7 of the first paragraph, the municipality must establish an estimate of the cost of any addition, enlargement or alteration to be financed in whole or in part by means of a contribution, which estimate may pertain to a class of infrastructure or equipment. The amount of the contribution, set in accordance with the rules referred to in subparagraph 7 of the first paragraph, must be based on that estimate, which must be published at the same time as the notice described in section 126.

1994, c. 32, s. 19; 2016, c. 17, s. 3.

1994-06-17

145.22. A by-law under section 145.21 must indicate

(1)  the zones in respect of which it applies:

(2)  the classes of structure, land or work in respect of which the issue of a building or subdivision permit or a certificate of authorization or occupancy is subordinated to an agreement;

(3)  the classes of infrastructure or equipment to which the agreement applies and specify, where applicable, that the agreement may pertain to infrastructures and equipment destined, regardless of location, to serve not only immovables to which the permit or certificate applies but also other immovables in the territory of the municipality;

(4)  where applicable, the terms and conditions governing the establishment of the share of the expenditures incurred in respect of the work which is to be borne by the holder of the permit or certificate, according to the classes of structure, land, work, infrastructure or equipment specified in the by-law;

(5)  where applicable, the terms and conditions governing the establishment of the share of the expenditures incurred in respect of the work to be borne by any person benefitted by the work, other than the holder of the permit or certificate, according to the classes of structure, land, work, infrastructure or equipment specified in the by-law, prescribe the terms and conditions of payment and collection of aliquot shares, and fix the rate of interest payable on any unpaid amount.

The by-law may also subordinate the issue of a building or subdivision permit or a certificate of authorization or occupancy applied for by a person benefitted by the work, within the meaning of subparagraph 5 of the first paragraph, to prior payment, by the latter, of any part of his aliquot share or to the deposit of any guarantee determined by the by-law.

1994, c. 32, s. 19.