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A-19.1 - Act respecting land use planning and development

Section 150
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150. The Government or a minister of the Government or a mandatary of the State may make an intervention to which this section applies, in a territory where a metropolitan plan, an RCM plan or an interim control by-law adopted by the council of a responsible body is in force, only if the intervention is deemed, under section 157, to be in conformity with the metropolitan plan, the RCM plan or the by-law. For the purposes of this chapter, conformity with the RCM plan is established in light of the objectives of the RCM plan, and conformity with the by-law is established in light of the provisions of the by-law.
If in the territory concerned, two or more documents referred to in the first paragraph are in force simultaneously and the intervention is in conformity with one of them but not with all of them, the document considered for the purposes of the first paragraph shall be the one containing the provisions applicable to the territory concerned that were brought into force most recently. However, if none of the provisions of the by-law applies to the planned intervention in the territory concerned, the by-law shall not be considered for the purposes of the first paragraph. Nor shall a provision of the by-law that is without effect due to the application of section 71.0.5 be considered.
1979, c. 51, s. 150; 1993, c. 3, s. 70; 1996, c. 25, s. 70; 1999, c. 40, s. 18; 2002, c. 68, s. 52; 2010, c. 10, s. 76; 2010, c. 3, s. 257.
150. The Government or a minister of the Government or a mandatary of the State may make an intervention to which this section applies, in a territory where a metropolitan plan, an RCM plan or an interim control by-law adopted by the council of a responsible body is in force, only if the intervention is deemed, under section 157, to be in conformity with the metropolitan plan, the RCM plan or the by-law. For the purposes of this chapter, conformity with the RCM plan is established in light of the objectives of the RCM plan, and conformity with the by-law is established in light of the provisions of the by-law.
If in the territory concerned, two or more documents referred to in the first paragraph are in force simultaneously and the intervention is in conformity with one of them but not with all of them, the document considered for the purposes of the first paragraph shall be the one containing the provisions applicable to the territory concerned that were brought into force most recently. However, if none of the provisions of the by-law applies to the planned intervention in the territory concerned, the by-law shall not be considered for the purposes of the first paragraph. Nor shall a provision of the by-law that is without effect due to the application of section 71.0.5 be considered.
In the case of an intervention mentioned in subparagraph 7 of the first paragraph of section 149, only the elements of the permit referred to in that subparagraph which concern the construction of a main forest road shall be taken into consideration for the purposes of assessing the conformity of the intervention.
1979, c. 51, s. 150; 1993, c. 3, s. 70; 1996, c. 25, s. 70; 1999, c. 40, s. 18; 2002, c. 68, s. 52; 2010, c. 10, s. 76.
150. The Government or any of its ministers or mandataries of the State may make an intervention to which this section applies, in a territory where a land use planning and development plan or an interim control by-law adopted by the council of a regional county municipality is in force, only if the intervention is deemed, under section 157, to be in conformity with the objectives of the land use planning and development plan or the provisions of the by-law.
If in the territory concerned, a land use planning and development plan and an interim control by-law are in force simultaneously and if the intervention is in conformity with the objectives of the plan but not with the provisions of the by-law, or vice versa, the document considered for the purposes of the first paragraph shall be the one containing the provisions applicable to the territory concerned that were brought into force more recently. However, where none of the provisions of the by-law applies to the planned intervention in the territory concerned, the plan shall be the document considered for the purposes of the first paragraph.
In the case of an intervention mentioned in subparagraph 7 of the first paragraph of section 149, only the elements of the permit referred to in that subparagraph which concern the construction of a main forest road shall be taken into consideration for the purposes of assessing the conformity of the intervention.
1979, c. 51, s. 150; 1993, c. 3, s. 70; 1996, c. 25, s. 70; 1999, c. 40, s. 18; 2002, c. 68, s. 52.
150. The Government or any of its ministers or mandataries of the State may make an intervention to which this section applies, in a territory where a development plan or an interim control by-law adopted by the council of a regional county municipality is in force, only if the intervention is deemed, under section 157, to be in conformity with the objectives of the development plan or the provisions of the by-law.
If in the territory concerned, a development plan and an interim control by-law are in force simultaneously and if the intervention is in conformity with the objectives of the plan but not with the provisions of the by-law, or vice versa, the document considered for the purposes of the first paragraph shall be the one containing the provisions applicable to the territory concerned that were brought into force more recently. However, where none of the provisions of the by-law applies to the planned intervention in the territory concerned, the plan shall be the document considered for the purposes of the first paragraph.
In the case of an intervention mentioned in subparagraph 7 of the first paragraph of section 149, only the elements of the permit referred to in that subparagraph which concern the construction of a main forest road shall be taken into consideration for the purposes of assessing the conformity of the intervention.
1979, c. 51, s. 150; 1993, c. 3, s. 70; 1996, c. 25, s. 70; 1999, c. 40, s. 18.
150. The Government or any of its ministers or mandataries may make an intervention to which this section applies, in a territory where a development plan or an interim control by-law adopted by the council of a regional county municipality is in force, only if the intervention is deemed, under section 157, to be in conformity with the objectives of the development plan or the provisions of the by-law.
If in the territory concerned, a development plan and an interim control by-law are in force simultaneously and if the intervention is in conformity with the objectives of the plan but not with the provisions of the by-law, or vice versa, the document considered for the purposes of the first paragraph shall be the one containing the provisions applicable to the territory concerned that were brought into force more recently. However, where none of the provisions of the by-law applies to the planned intervention in the territory concerned, the plan shall be the document considered for the purposes of the first paragraph.
In the case of an intervention mentioned in subparagraph 7 of the first paragraph of section 149, only the elements of the permit referred to in that subparagraph which concern the construction of a main forest road shall be taken into consideration for the purposes of assessing the conformity of the intervention.
1979, c. 51, s. 150; 1993, c. 3, s. 70; 1996, c. 25, s. 70.
150. The Government or any of its ministers or mandataries may make an intervention to which this section applies, in a territory where a development plan or an interim control by-law adopted by the council of a regional county municipality is in force, only if the intervention is deemed, under section 157, to be in conformity with the objectives of the development plan or the provisions of the by-law.
If in the territory concerned, a development plan and an interim control by-law are in force simultaneously and if the intervention is in conformity with the objectives of the plan but not with the provisions of the by-law, or vice versa, the document considered for the purposes of the first paragraph shall be the one containing the provisions applicable to the territory concerned that were brought into force more recently.
In the case of an intervention mentioned in subparagraph 7 of the first paragraph of section 149, only the elements of the permit referred to in that subparagraph which concern the construction of a main forest road shall be taken into consideration for the purposes of assessing the conformity of the intervention.
1979, c. 51, s. 150; 1993, c. 3, s. 70.
150. Within ninety days of the date of receipt of the notice from the Minister, the council of the regional county municipality shall send to the Minister a written opinion on the conformity of the intended intervention with the objectives of the development plan or with the interim control by-law.
A copy of the opinion shall be registered with the Commission.
1979, c. 51, s. 150.
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