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A-19.1 - Act respecting land use planning and development

Section 228
Disposition versions

Full text
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation that is carried out contrary to a subdivision by-law, a by-law under section 145.21 or an interim control by-law or resolution, a plan approved in accordance with section 145.19, an agreement made under section 145.21, a resolution referred to in the second paragraph of section 145.7 or 145.38 or a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV of Chapter IV of Title I of the Environment Quality Act (chapter Q‐2) may be annulled. The Attorney General or any interested person, including the municipality or the responsible body in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R‐3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T‐11).
1979, c. 51, s. 228; 1993, c. 3, s. 79; 1994, c. 32, s. 22; 1996, c. 25, s. 74; 2002, c. 37, s. 31; 2002, c. 11, s. 17; 2003, c. 19, s. 46; 2006, c. 3, s. 35; 2010, c. 10, s. 91; I.N. 2020-02-01.
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation that is carried out contrary to a subdivision by-law, a by-law under section 145.21 or an interim control by-law or resolution, a plan approved in accordance with section 145.19, an agreement made under section 145.21, a resolution referred to in the second paragraph of section 145.7 or 145.38 or a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q‐2) may be annulled. The Attorney General or any interested person, including the municipality or the responsible body in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R‐3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T‐11).
1979, c. 51, s. 228; 1993, c. 3, s. 79; 1994, c. 32, s. 22; 1996, c. 25, s. 74; 2002, c. 37, s. 31; 2002, c. 11, s. 17; 2003, c. 19, s. 46; 2006, c. 3, s. 35; 2010, c. 10, s. 91.
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation that is carried out contrary to a subdivision by-law, a by-law under section 145.21 or an interim control by-law or resolution, a plan approved in accordance with section 145.19, an agreement made under section 145.21, a resolution referred to in the second paragraph of section 145.7 or 145.38 or a land rehabilitation plan approved by the Minister of Sustainable Development, Environment and Parks under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q‐2) may be annulled. The Attorney General or any interested person, including the regional county municipality or the municipality in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R‐3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T‐11).
1979, c. 51, s. 228; 1993, c. 3, s. 79; 1994, c. 32, s. 22; 1996, c. 25, s. 74; 2002, c. 37, s. 31; 2002, c. 11, s. 17; 2003, c. 19, s. 46; 2006, c. 3, s. 35.
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation that is carried out contrary to a subdivision by-law, a by-law under section 145.21 or an interim control by-law or resolution, a plan approved in accordance with section 145.19, an agreement made under section 145.21, a resolution referred to in the second paragraph of section 145.7 or 145.38 or a land rehabilitation plan approved by the Minister of the Environment under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q‐2) may be annulled. The Attorney General or any interested person, including the regional county municipality or the municipality in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R‐3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T‐11).
1979, c. 51, s. 228; 1993, c. 3, s. 79; 1994, c. 32, s. 22; 1996, c. 25, s. 74; 2002, c. 37, s. 31; 2002, c. 11, s. 17; 2003, c. 19, s. 46.
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation which is carried out contrary to a subdivision by-law, a by-law under section 145.21 or an interim control by-law or resolution, a plan approved in accordance with section 145.19, an agreement made under section 145.21 or a land rehabilitation plan approved by the Minister of the Environment under Division IV.2.1 of Chapter I of the Environment Quality Act (chapter Q‐2) or a resolution referred to in the second paragraph of section 145.38 may be annulled. The Attorney General or any interested person, including the regional county municipality or the municipality in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R‐3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T‐11).
1979, c. 51, s. 228; 1993, c. 3, s. 79; 1994, c. 32, s. 22; 1996, c. 25, s. 74; 2002, c. 37, s. 31; 2002, c. 11, s. 17.
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation which is carried out contrary to a subdivision by-law, a by-law under section 145.21 or an interim control by-law or resolution, a plan approved in accordance with section 145.19, an agreement made under section 145.21 or a resolution referred to in the second paragraph of section 145.38 may be annulled. The Attorney General or any interested person, including the regional county municipality or the municipality in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R-3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T-11).
1979, c. 51, s. 228; 1993, c. 3, s. 79; 1994, c. 32, s. 22; 1996, c. 25, s. 74; 2002, c. 37, s. 31.
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation which is carried out contrary to a subdivision by-law, a by-law under section 145.21 or an interim control by-law or resolution, a plan approved in accordance with section 145.19 or an agreement made under section 145.21 may be annulled. The Attorney General or any interested person, including the regional county municipality or the municipality in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R-3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T-11).
1979, c. 51, s. 228; 1993, c. 3, s. 79; 1994, c. 32, s. 22; 1996, c. 25, s. 74.
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation which is carried out contrary to a subdivision by-law, a by-law under section 145.21 or an interim control by-law, a plan approved in accordance with section 145.19 or an agreement made under section 145.21 may be annulled. The Attorney General or any interested person, including the regional county municipality or the municipality in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R-3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T-11).
1979, c. 51, s. 228; 1993, c. 3, s. 79; 1994, c. 32, s. 22.
228. Any subdivision, cadastral operation or parcelling out of a lot by alienation which is carried out contrary to a subdivision or interim control by-law or a plan approved in accordance with section 145.19 may be annulled. The Attorney General or any interested person, including the regional county municipality or the municipality in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
The first paragraph does not apply to a subdivision, cadastral operation or parcelling out whose effects are confirmed by the registration of the immovables made as part of the cadastral renewal or review effected in the territory concerned by the implementation of a renewal plan prepared under Chapter II of the Act to promote the reform of the cadastre in Québec (chapter R-3.1) or a plan drawn up after 30 September 1985 under the Act respecting land titles in certain electoral districts (chapter T-11).
1979, c. 51, s. 228; 1993, c. 3, s. 79.
228. A subdivision or a cadastral operation made contrary to a subdivision by-law is liable to annulment. Any interested person, including the regional county municipality or the municipality in whose territory the lot is situated, may apply to the Superior Court for a declaration of nullity.
1979, c. 51, s. 228.
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