A-19.1 - Act respecting land use planning and development

Section 256.5 Disposition versions

2023-12-29

256.5. The council of a municipality may adopt a by-law to authorize, despite any planning by-law and on the conditions it determines, the implementation of all or part of a structure, work or use that was on a part of an immovable that was acquired for public service purposes by a person who has powers of expropriation. Such implementation may be carried out on the remainder of the immovable or, if necessary, on an adjacent immovable.

Such authorization may not be granted if

(1)  the structure, work or use was not, immediately before the acquisition, in conformity with the applicable by-laws or protected by acquired rights;

(2)  the implementation hinders the owners of the neighbouring immovables in the enjoyment of their right of ownership; or

(3)  the implementation increases the risks with regard to public safety or public health or adversely affects the quality of the environment or general well-being.

The council must, at the request of a person who has expropriation powers, adopt a by-law referred to in the first paragraph in order to allow the reinstatement, to the extent possible, of any structure, work or use that was on the acquired part of the immovable. However, the council may refuse to do so if of the opinion that the application of the criteria set out in the second paragraph would prevent any authorization, in which case it must send the person a notice stating the grounds for its refusal.

2023, c. 27, s. 185.