A-19.1 - Act respecting land use planning and development

Section 145.7 Disposition versions

2021-03-25

145.7. The council shall render its decision after having received the advice of the advisory planning committee.

The resolution under which the council renders its decision may set conditions within the jurisdiction of the municipality, to reduce the impact of the exemption. The resolution may provide for any condition among those set out in section 165.4.13 when the exemption granted concerns non-compliance, during the construction or expansion of a livestock facility or building not referred to in the second paragraph of section 165.4.2, with separation distances provided for in a regulatory provision adopted under subparagraph 4 of the second paragraph of section 113 or, if there is no such provision, under the Guidelines respecting odours caused by manure from agricultural activities (chapter P-41.1, r. 5) applicable in such a case under section 38 or 39 of the Act to amend the Act respecting the preservation of agricultural land and agricultural activities and other legislative provisions (2001, chapter 35).

A copy of the resolution under which the council renders its decision shall be transmitted to the person who applied for the exemption.

However, when the resolution grants a minor exemption in a place referred to in the second paragraph of section 145.2, the municipality must send a copy of the resolution to the regional county municipality whose territory includes that of the municipality. The council of the regional county municipality may, within 90 days after receiving the copy of the resolution, if it considers that the decision authorizing the exemption increases the risks in matters of public safety or public health or adversely affects the quality of the environment or general well-being,

(1)  impose any condition referred to in the second paragraph to reduce the risk or potential harm or modify, for those purposes, any condition prescribed by the council of the municipality; or

(2)  disallow the decision authorizing the exemption where it is impossible to reduce the risk or potential harm.

A copy of every resolution passed by the regional county municipality under the fourth paragraph shall be sent to the municipality without delay.

A minor exemption in a place referred to in the second paragraph of section 145.2 takes effect

(1)  on the date on which the regional county municipality notifies the municipality that it does not intend to avail itself of the powers provided for in the fourth paragraph;

(2)  on the date of coming into force of the resolution of the regional county municipality that imposes or modifies conditions applicable to the exemption; or

(3)  on the expiry of the time prescribed in the fourth paragraph, if the regional county municipality has not availed itself, within that time, of the powers provided for in that paragraph.

The municipality must send the resolution of the regional county municipality to the person who applied for the exemption or, in the absence of such a resolution, inform the person of the taking of effect of its decision granting the exemption.

The fourth, fifth, sixth and seventh paragraphs do not apply to Ville de Gatineau, Ville de Laval, Ville de Lévis, Ville de Mirabel, Ville de Rouyn-Noranda, Ville de Saguenay, Ville de Shawinigan, Ville de Sherbrooke or Ville de Trois-Rivières.

1985, c. 27, s. 6; 2003, c. 19, s. 27; 2004, c. 20, s. 8; 2021, c. 7, s. 16.

2010-02-01

145.7. The council shall render its decision after having received the advice of the advisory planning committee.

The resolution under which the council renders its decision may set conditions within the jurisdiction of the municipality, to reduce the impact of the exemption. The resolution may provide for any condition among those set out in section 165.4.13 when the exemption granted concerns non-compliance, during the construction or expansion of a livestock facility or building not referred to in the second paragraph of section 165.4.2, with separation distances provided for in a regulatory provision adopted under subparagraph 4 of the second paragraph of section 113 or, if there is no such provision, under the Guidelines respecting odours caused by manure from agricultural activities (chapter P-41.1, r. 5) applicable in such a case under section 38 or 39 of the Act to amend the Act respecting the preservation of agricultural land and agricultural activities and other legislative provisions (2001, chapter 35).

A copy of the resolution under which the council renders its decision shall be transmitted to the person who applied for the exemption.

1985, c. 27, s. 6; 2003, c. 19, s. 27; 2004, c. 20, s. 8.

2004-11-01

145.7. The council shall render its decision after having received the advice of the advisory planning committee.

The resolution under which the council renders its decision may set conditions within the jurisdiction of the municipality, to reduce the impact of the exemption. The resolution may provide for any condition among those set out in section 165.4.13 when the exemption granted concerns non-compliance, during the construction or expansion of a livestock facility or building not referred to in the second paragraph of section 165.4.2, with separation distances provided for in a regulatory provision adopted under subparagraph 4 of the second paragraph of section 113 or, if there is no such provision, under the Guidelines respecting odours caused by manure from agricultural activities (2003, G.O. 2, No. 25A, p. 1919A) applicable in such a case under section 38 or 39 of the Act to amend the Act respecting the preservation of agricultural land and agricultural activities and other legislative provisions (2001, chapter 35).

A copy of the resolution under which the council renders its decision shall be transmitted to the person who applied for the exemption.

1985, c. 27, s. 6; 2003, c. 19, s. 27; 2004, c. 20, s. 8.

2003-12-18

145.7. The council shall render its decision after having received the advice of the advisory planning committee.

The resolution under which the council renders its decision may set conditions within the jurisdiction of the municipality, to reduce the impact of the exemption.

A copy of the resolution under which the council renders its decision shall be transmitted to the person who applied for the exemption.

1985, c. 27, s. 6; 2003, c. 19, s. 27.

1985-06-20

145.7. The council shall render its decision after having received the advice of the advisory planning committee.

A copy of the resolution under which the council renders its decision shall be transmitted to the person who applied for the exemption.

1985, c. 27, s. 6.