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A-19.1 - Act respecting land use planning and development

Section 153
Disposition versions

Full text
153. If the opinion indicates that the planned intervention is not in conformity with the metropolitan plan, the RCM plan or the interim control by-law, the Minister may, within 120 days after receipt of the copy of the resolution stating the council’s opinion, request an assessment of conformity from the Commission or require that the council of the responsible body amend the metropolitan plan, the RCM plan or the by-law to ensure such conformity.
If the Minister elects to request an assessment from the Commission, he shall notify his requests to the Commission within the period prescribed in the first paragraph and transmit a copy thereof to the responsible body.
If the Minister elects to request an amendment to the metropolitan plan, the RCM plan or the by-law, the Minister shall notify to the responsible body, within the period prescribed in the first paragraph, a request with reasons, indicating the amendments that must be made to ensure conformity of the planned intervention with the metropolitan plan, the RCM plan or the by-law. The Minister must also examine the consistency of each of the amendments with government policy directions and, where applicable, justify any amendment the Minister considers is not consistent. The Minister shall send a copy of the request to every municipality whose territory is situated within the territory of the responsible body.
1979, c. 51, s. 153; 1993, c. 3, s. 70; 2002, c. 68, s. 52; 2003, c. 19, s. 31; 2010, c. 10, s. 79; I.N. 2016-01-01 (NCCP); 2023, c. 12, s. 90.
153. If the opinion indicates that the planned intervention is not in conformity with the metropolitan plan, the RCM plan or the interim control by-law, the Minister may, within 120 days after receipt of the copy of the resolution stating the council’s opinion, request an assessment of conformity from the Commission or require that the council of the responsible body amend the metropolitan plan, the RCM plan or the by-law to ensure such conformity.
If the Minister elects to request an assessment from the Commission, he shall notify his requests to the Commission within the period prescribed in the first paragraph and transmit a copy thereof to the responsible body.
If the Minister elects to request an amendment to the metropolitan plan, the RCM plan or the by-law, the Minister shall notify to the responsible body, within the period prescribed in the first paragraph, a request with reasons, indicating the amendments that must be made to ensure conformity of the planned intervention with the metropolitan plan, the RCM plan or the by-law. The Minister shall send a copy of the request to every municipality whose territory is situated within the territory of the responsible body.
1979, c. 51, s. 153; 1993, c. 3, s. 70; 2002, c. 68, s. 52; 2003, c. 19, s. 31; 2010, c. 10, s. 79; I.N. 2016-01-01 (NCCP).
153. If the opinion indicates that the planned intervention is not in conformity with the metropolitan plan, the RCM plan or the interim control by-law, the Minister may, within 120 days after receipt of the copy of the resolution stating the council’s opinion, request an assessment of conformity from the Commission or require that the council of the responsible body amend the metropolitan plan, the RCM plan or the by-law to ensure such conformity.
If the Minister elects to request an assessment from the Commission, he shall serve his requests on the Commission within the period prescribed in the first paragraph and transmit a copy thereof to the responsible body.
If the Minister elects to request an amendment to the metropolitan plan, the RCM plan or the by-law, the Minister shall serve on the responsible body, within the period prescribed in the first paragraph, a request with reasons, indicating the amendments that must be made to ensure conformity of the planned intervention with the metropolitan plan, the RCM plan or the by-law. The Minister shall send a copy of the request to every municipality whose territory is situated within the territory of the responsible body.
1979, c. 51, s. 153; 1993, c. 3, s. 70; 2002, c. 68, s. 52; 2003, c. 19, s. 31; 2010, c. 10, s. 79.
153. If the opinion indicates that the planned intervention is not in conformity with the objectives of the land use planning and development plan or the provisions of the interim control by-law, the Minister may, within 120 days after receipt of the copy of the resolution stating the council’s opinion, request an assessment of the conformity from the Commission or require that the council of the regional county municipality amend the plan or by-law to ensure its conformity.
If the Minister elects to request an assessment from the Commission, he shall serve his requests on the Commission within the period prescribed in the first paragraph and transmit a copy thereof to the regional county municipality.
If the Minister elects to request an amendment to the plan or by-law, he shall serve on the regional county municipality, within the period prescribed in the first paragraph, a request with reasons, indicating the amendments that must be made to ensure conformity of the planned intervention with the objectives of the plan or the provisions of the by-law. He shall transmit a copy of the request to every municipality whose territory is comprised in the territory of the regional county municipality.
1979, c. 51, s. 153; 1993, c. 3, s. 70; 2002, c. 68, s. 52; 2003, c. 19, s. 31.
153. If the opinion indicates that the planned intervention is not in conformity with the objectives of the land use planning and development plan or the provisions of the interim control by-law, the Minister may, within 120 days after receipt of the copy of the resolution stating the council’s opinion, request an assessment of the conformity from the Commission or require that the council of the regional county municipality amend the plan or by-law to ensure its conformity.
If the Minister elects to request an assessment from the Commission, he shall serve his requests on the Commission within the period prescribed in the first paragraph and transmit a copy thereof to the regional county municipality.
If the Minister elects to request an amendment to the plan or by-law, he shall serve on the regional county municipality, within the period prescribed in the first paragraph, a request with reasons, indicating the amendments that must be made to ensure conformity of the planned intervention with the objectives of the plan or the provisions of the by-law. He shall transmit a copy of the request to every municipality whose territory is comprised in the territory of the regional county municipality and, for registration purposes, to the Commission.
1979, c. 51, s. 153; 1993, c. 3, s. 70; 2002, c. 68, s. 52.
153. If the opinion indicates that the planned intervention is not in conformity with the objectives of the development plan or the provisions of the interim control by-law, the Minister may, within 120 days after receipt of the copy of the resolution stating the council’s opinion, request an assessment of the conformity from the Commission or require that the council of the regional county municipality amend the plan or by-law to ensure its conformity.
If the Minister elects to request an assessment from the Commission, he shall serve his requests on the Commission within the period prescribed in the first paragraph and transmit a copy thereof to the regional county municipality.
If the Minister elects to request an amendment to the plan or by-law, he shall serve on the regional county municipality, within the period prescribed in the first paragraph, a request with reasons, indicating the amendments that must be made to ensure conformity of the planned intervention with the objectives of the plan or the provisions of the by-law. He shall transmit a copy of the request to every municipality whose territory is comprised in the territory of the regional county municipality and, for registration purposes, to the Commission.
1979, c. 51, s. 153; 1993, c. 3, s. 70.
153. If the council of the regional county municipality fails to amend the development plan or the interim control by-law to bring the intended intervention into conformity with the objectives of the plan or with the by-law, the Minister may demand that the council of the regional county municipality amend the plan or by-law.
The demand is made by a substantiated notice served on the council of the regional county municipality, a copy of which shall be sent to every municipality in the territory of the regional county municipality and, for registration, to the Commission.
1979, c. 51, s. 153.
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