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A-19.1 - Act respecting land use planning and development

Section 264.1
Disposition versions

Full text
264.1. (Repealed).
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30; 1985, c. 27, s. 8; 1985, c. 31, s. 27; 1987, c. 57, s. 681; 1987, c. 102, s. 35; 1990, c. 50, s. 12; 1993, c. 3, s. 90; 1995, c. 34, s. 63; 1996, c. 25, s. 82; 1997, c. 44, s. 96; 2000, c. 34, s. 238.
264.1. For the purposes of this Act, except for Chapter I of its Title II, the Communauté urbaine de Montréal is considered to be a regional county municipality.
The provisions of this Act apply to the Community and to the municipalities that are members of it, subject to the third paragraph, with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee and the committee are considered to be the secretary-treasurer and the executive committee, respectively, of the regional county municipality;
(2)  all the decisions of the Council of the Community, except the decision provided for in the second paragraph of section 52, shall be made in accordance with the rules provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  (subparagraph repealed);
(4)  (subparagraph repealed);
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum rules that must be taken into account by the traffic by-laws of the municipalities;
(6)  (subparagraph repealed);
(7)  the 120-day period provided for in sections 56.4 and 56.14 is replaced by a six-month period;
(8)  the public meetings for consultation shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  (subparagraph repealed);
(10)  subject to section 237.2, a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 59 to 59.4, 137.2 to 137.8, 221 to 226 and 240 apply, with the necessary adaptations, in respect of such a by-law;
(11)  (subparagraph repealed);
(12)  (subparagraph repealed);
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law or resolution;
(13)  (subparagraph repealed).
For the purposes of section 252, the provisions of this Act which concern the rights and obligations of a municipality in the preparation, amendment or revision of the development plan, including provisions concerning the interim control pertaining to this process, are not incompatible with the provisions of the Charter of the city of Montréal (1959-60, chapter 102). Similarly, the provisions of this Act concerning the effects of the coming into force of a revised development plan or a by-law amending a revised development plan, and the rules relating to the conformity of a planning program or of an instrument with the objectives of a revised development plan and the provisions of a complementary document pertaining to a revised development plan, are not incompatible with the said Charter. However, the council of Ville de Montréal is not required to adopt or amend a by-law that is not provided for in its Charter; if the Charter provides for a by-law that corresponds to a by-law that the provisions of this Act mentioned in this paragraph require the council to adopt or amend, the council shall adopt or amend it, and shall amend the planning program provided for in its Charter in accordance with the Charter and with the applicable provisions of this Act, adapted as required. Furthermore, the council is not required to meet the obligations concerning the conformity of certain by-laws with the planning program that constitute one of the effects of the coming into force of a revised development plan.
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30; 1985, c. 27, s. 8; 1985, c. 31, s. 27; 1987, c. 57, s. 681; 1987, c. 102, s. 35; 1990, c. 50, s. 12; 1993, c. 3, s. 90; 1995, c. 34, s. 63; 1996, c. 25, s. 82; 1997, c. 44, s. 96.
264.1. For the purposes of this Act, except for Chapter I of its Title II, the Communauté urbaine de Montréal is considered to be a regional county municipality.
The provisions of this Act apply to the Community and to the municipalities that are members of it, subject to the third paragraph, with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee and the committee are considered to be the secretary-treasurer and the executive committee, respectively, of the regional county municipality;
(2)  all the decisions of the Council of the Community, except the decision provided for in the second paragraph of section 52, shall be made in accordance with the rules provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  (subparagraph repealed);
(4)  (subparagraph repealed);
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum rules that must be taken into account by the traffic by-laws of the municipalities;
(6)  (subparagraph repealed);
(7)  the 120-day period provided for in sections 56.4 and 56.14 is replaced by a six-month period;
(8)  the public meetings for consultation shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  (subparagraph repealed);
(10)  subject to section 237.2, a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 59 to 59.4, 137.2 to 137.8, 221 to 226 and 240 apply, mutatis mutandis, in respect of such a by-law;
(11)  (subparagraph repealed);
(12)  (subparagraph repealed);
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law or resolution;
(13)  (subparagraph repealed).
For the purposes of section 252, the provisions of this Act which concern the rights and obligations of a municipality in the preparation, amendment or revision of the development plan, including provisions concerning the interim control pertaining to this process, are not incompatible with the provisions of the Charter of the city of Montréal (1959-60, chapter 102).
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30; 1985, c. 27, s. 8; 1985, c. 31, s. 27; 1987, c. 57, s. 681; 1987, c. 102, s. 35; 1990, c. 50, s. 12; 1993, c. 3, s. 90; 1995, c. 34, s. 63; 1996, c. 25, s. 82.
264.1. For the purposes of this Act, except for Chapter I of its Title II, the Communauté urbaine de Montréal is considered to be a regional county municipality.
The provisions of this Act apply to the Community and to the municipalities that are members of it, subject to the third paragraph, with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee and the committee are considered to be the secretary-treasurer and the executive committee, respectively, of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  (subparagraph repealed);
(4)  (subparagraph repealed);
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum rules that must be taken into account by the traffic by-laws of the municipalities;
(6)  (subparagraph repealed);
(7)  the 120-day period provided for in sections 56.4 and 56.14 is replaced by a six-month period;
(8)  the public meetings for consultation shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  (subparagraph repealed);
(10)  subject to section 237.2, a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 59 to 59.4, 137.2 to 137.8, 221 to 226 and 240 apply, mutatis mutandis, in respect of such a by-law;
(11)  (subparagraph repealed);
(12)  (subparagraph repealed);
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;
(13)  (subparagraph repealed).
For the purposes of section 252, the provisions of this Act which concern the rights and obligations of a municipality in the preparation, amendment or revision of the development plan, including provisions concerning the interim control pertaining to this process, are not incompatible with the provisions of the Charter of the city of Montréal (1959-60, chapter 102).
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30; 1985, c. 27, s. 8; 1985, c. 31, s. 27; 1987, c. 57, s. 681; 1987, c. 102, s. 35; 1990, c. 50, s. 12; 1993, c. 3, s. 90; 1995, c. 34, s. 63.
264.1. For the purposes of this Act, except for Chapter I of its Title II, the Communauté urbaine de Montréal is considered to be a regional county municipality.
The provisions of this Act apply to the Community and to the municipalities that are members of it, subject to the third paragraph, with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee and the committee are considered to be the secretary-treasurer and the executive committee, respectively, of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  (subparagraph repealed);
(4)  (subparagraph repealed);
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum rules that must be taken into account by the traffic by-laws of the municipalities;
(6)  (subparagraph repealed);
(7)  the 120-day period provided for in sections 56.4 and 56.14 is replaced by a six-month period;
(8)  the public meetings for consultation shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  (subparagraph repealed);
(10)  subject to section 237.2, a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 59 to 59.4, 137.2 to 137.8, 221 to 226 and 240 apply, mutatis mutandis, in respect of such a by-law;
(11)  the opinion provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality is given by the executive committee of the Community and must be transmitted to the municipality within 60 days from reception of the by-law by the Community;
(12)  (subparagraph repealed);
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;
(13)  (subparagraph repealed).
For the purposes of section 252, the provisions of this Act which concern the rights and obligations of a municipality in the preparation, amendment or revision of the development plan, including provisions concerning the interim control pertaining to this process, are not incompatible with the provisions of the Charter of the city of Montréal (1959-60, chapter 102).
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30; 1985, c. 27, s. 8; 1985, c. 31, s. 27; 1987, c. 57, s. 681; 1987, c. 102, s. 35; 1990, c. 50, s. 12; 1993, c. 3, s. 90.
264.1. The Preliminary Title, Chapter I of Title I, section 102, Chapters VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Montréal and to municipalities that are part of it, including the city of Montréal, as if the Community were a regional county municipality.
The provisions mentioned in the first paragraph apply with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  the Community shall adopt the resolution provided for in section 4 not later than 11 July 1985 and its development plan not later than 17 September 1986;
(4)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:
(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;
(b)  the approximate layout and the type of the main thoroughfares;
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum standards that must be taken into account by the traffic by-laws of the municipalities;
(6)  instead of mailing or otherwise distributing an abstract of the preliminary development proposal to every address, the Community may have it published in a newspaper circulated in its territory; in such a case, the opinion of a municipality on that proposal must be sent to the Council of the Community within sixty days from such publication;
(7)  within six months of receiving the resolution adopting the development proposal, the Minister shall give the notice contemplated in section 16 to the Council of the Community;
(8)  the public meetings for consultation on the final version of the development plan of the Community, pursuant to section 20, as well as those concerning a proposed amendment of the development plan, shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  the development plan of the Community comes into force six months after its adoption by the Council, subject to sections 27 to 29; the application for amendment of the plan provided for in section 27 may be made within six months from its adoption;
(10)  a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 36 to 45, 57, 59, 60, 102, 221 to 226 and 240 apply, mutatismutandis, in respect of such a by-law;
(11)  the opinion provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality is given by the executive committee of the Community and must be transmitted to the municipality within sixty days from reception of the by-law by the Community;
(12)  notwithstanding section 61, the prohibition of any new use of the land, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality
(a)  either when the use of the land, the structure, the cadastral operation or the planned parcelling out has already received, before the coming into force of the resolution contemplated in section 4, all the authorizations required by the municipality and when the use of the land or the structure begins within six months of the coming into force of the said resolution or when the cadastral operation or parcelling out is carried out within the same period,
(b)  or when the two following conditions are met:
i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the use of the land, the structure, the cadastral operation or the parcelling out is intended, or the by-law ordering their installation is in force;
ii.  the landsite on which or in respect of which the use of the land, the structure, the cadastral operation or the parcelling out is to be carried out is adjacent to a public street;
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;
(13)  (subparagraph repealed).
Notwithstanding the first paragraph, the city of Montréal is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter.
Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Montréal must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.
For the purposes of Chapter III of Title I, the Community is deemed to be a regional county municipality.
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30; 1985, c. 27, s. 8; 1985, c. 31, s. 27; 1987, c. 57, s. 681; 1987, c. 102, s. 35; 1990, c. 50, s. 12.
264.1. The Preliminary Title, Chapter I of Title I, section 102, Chapters VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Montréal and to municipalities that are part of it, including the city of Montréal, as if the Community were a regional county municipality.
The provisions mentioned in the first paragraph apply with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  the Community shall adopt the resolution provided for in section 4 not later than 11 July 1985 and its development plan not later than 17 September 1986;
(4)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:
(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;
(b)  the approximate layout and the type of the main thoroughfares;
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum standards that must be taken into account by the traffic by-laws of the municipalities;
(6)  instead of mailing or otherwise distributing an abstract of the preliminary development proposal to every address, the Community may have it published in a newspaper circulated in its territory; in such a case, the opinion of a municipality on that proposal must be sent to the Council of the Community within sixty days from such publication;
(7)  within six months of receiving the resolution adopting the development proposal, the Minister shall give the notice contemplated in section 16 to the Council of the Community;
(8)  the public meetings for consultation on the final version of the development plan of the Community, pursuant to section 20, shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  the development plan of the Community comes into force six months after its adoption by the Council, subject to sections 27 to 29; the application for amendment of the plan provided for in section 27 may be made within six months from its adoption;
(10)  a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 36 to 45, 57, 59, 60, 102, 221 to 226 and 240 apply, mutatismutandis, in respect of such a by-law;
(11)  the opinion provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality is given by the executive committee of the Community and must be transmitted to the municipality within sixty days from reception of the by-law by the Community;
(12)  notwithstanding section 61, the prohibition of any new use of the land, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality
(a)  either when the use of the land, the structure, the cadastral operation or the planned parcelling out has already received, before the coming into force of the resolution contemplated in section 4, all the authorizations required by the municipality and when the use of the land or the structure begins within six months of the coming into force of the said resolution or when the cadastral operation or parcelling out is carried out within the same period,
(b)  or when the two following conditions are met:
i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the use of the land, the structure, the cadastral operation or the parcelling out is intended, or the by-law ordering their installation is in force;
ii.  the landsite on which or in respect of which the use of the land, the structure, the cadastral operation or the parcelling out is to be carried out is adjacent to a public street;
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;
(13)  (subparagraph repealed).
Notwithstanding the first paragraph, the city of Montréal is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter.
Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Montréal must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.
For the purposes of Chapter III of Title I, the Community is deemed to be a regional county municipality.
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30; 1985, c. 27, s. 8; 1985, c. 31, s. 27; 1987, c. 57, s. 681; 1987, c. 102, s. 35.
264.1. The Preliminary Title, Chapters I, VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Montréal and to municipalities that are part of it, including the city of Montréal, as if the Community were a regional county municipality.
The provisions mentioned in the first paragraph apply with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  the Community shall adopt the resolution provided for in section 4 not later than 11 July 1985 and its development plan not later than 17 September 1986;
(4)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:
(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;
(b)  the approximate layout and the type of the main thoroughfares;
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum standards that must be taken into account by the traffic by-laws of the municipalities;
(6)  instead of mailing or otherwise distributing an abstract of the preliminary development proposal to every address, the Community may have it published in a newspaper circulated in its territory; in such a case, the opinion of a municipality on that proposal must be sent to the Council of the Community within sixty days from such publication;
(7)  within six months of receiving the resolution adopting the development proposal, the Minister shall give the notice contemplated in section 16 to the Council of the Community;
(8)  the public meetings for consultation on the final version of the development plan of the Community, pursuant to section 20, shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  the development plan of the Community comes into force six months after its adoption by the Council, subject to sections 27 to 29; the application for amendment of the plan provided for in section 27 may be made within six months from its adoption;
(10)  a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 34, 36 to 45, 57, 59, 60, 221 to 226 and 240 apply, mutatismutandis, in respect of such a by-law;
(11)  the opinion provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality is given by the executive committee of the Community and must be transmitted to the municipality within sixty days from reception of the by-law by the Community;
(12)  notwithstanding section 61, the prohibition of any new use of the land, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality
(a)  either when the use of the land, the structure, the cadastral operation or the planned parcelling out has already received, before the coming into force of the resolution contemplated in section 4, all the authorizations required by the municipality and when the use of the land or the structure begins within six months of the coming into force of the said resolution or when the cadastral operation or parcelling out is carried out within the same period,
(b)  or when the two following conditions are met:
i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the use of the land, the structure, the cadastral operation or the parcelling out is intended, or the by-law ordering their installation is in force;
ii.  the landsite on which or in respect of which the use of the land, the structure, the cadastral operation or the parcelling out is to be carried out is adjacent to a public street;
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;
(13)  (subparagraph repealed).
Notwithstanding the first paragraph, the city of Montréal is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.
Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Montréal must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.
For the purposes of Chapter III of Title I, the Community is deemed to be a regional county municipality.
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30; 1985, c. 27, s. 8; 1985, c. 31, s. 27.
264.1. The Preliminary Title, Chapters I, VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Montréal and to municipalities that are part of it, including the city of Montréal, as if the Community were a regional county municipality.
The provisions mentioned in the first paragraph apply with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  the Community must adopt its development plan not later than 11 July 1985;
(4)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:
(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;
(b)  the approximate layout and the type of the main thoroughfares;
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum standards that must be taken into account by the traffic by-laws of the municipalities;
(6)  instead of mailing or otherwise distributing an abstract of the preliminary development proposal to every address, the Community may have it published in a newspaper circulated in its territory; in such a case, the opinion of a municipality on that proposal must be sent to the Council of the Community within sixty days from such publication;
(7)  within six months of receiving the resolution adopting the development proposal, the Minister shall give the notice contemplated in section 16 to the Council of the Community;
(8)  the public meetings for consultation on the final version of the development plan of the Community, pursuant to section 20, shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  the development plan of the Community comes into force six months after its adoption by the Council, subject to sections 27 to 29; the application for amendment of the plan provided for in section 27 may be made within six months from its adoption;
(10)  a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 34, 36 to 45, 57, 59, 60, 221 to 226 and 240 apply, mutatismutandis, in respect of such a by-law;
(11)  the opinion provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality is given by the executive committee of the Community and must be transmitted to the municipality within sixty days from reception of the by-law by the Community;
(12)  notwithstanding section 61, the prohibition of any new use of the land, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality
(a)  either when the use of the land, the structure, the cadastral operation or the planned parcelling out has already received, before the coming into force of the resolution contemplated in section 4, all the authorizations required by the municipality and when the use of the land or the structure begins within six months of the coming into force of the said resolution or when the cadastral operation or parcelling out is carried out within the same period,
(b)  or when the two following conditions are met:
i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the use of the land, the structure, the cadastral operation or the parcelling out is intended, or the by-law ordering their installation is in force;
ii.  the landsite on which or in respect of which the use of the land, the structure, the cadastral operation or the parcelling out is to be carried out is adjacent to a public street;
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;
(13)  (subparagraph repealed).
Notwithstanding the first paragraph, the city of Montréal is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.
Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Montréal must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39; 1984, c. 27, s. 30.
264.1. The Preliminary Title, Chapters I, VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Montréal and to municipalities that are part of it, including the city of Montréal, as if the Community were a regional county municipality.
The provisions mentioned in the first paragraph apply with the following adaptations:
(1)  the secretary of the Community or any officer or employee of the Community designated for that purpose by the executive committee is deemed to be the secretary-treasurer of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  the Community must adopt its development plan not later than 11 July 1985;
(4)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:
(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;
(b)  the approximate layout and the type of the main thoroughfares;
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum standards that must be taken into account by the traffic by-laws of the municipalities;
(6)  instead of mailing or otherwise distributing an abstract of the preliminary development proposal to every address, the Community may have it published in a newspaper circulated in its territory; in such a case, the opinion of a municipality on that proposal must be sent to the Council of the Community within sixty days from such publication;
(7)  within six months of receiving the resolution adopting the development proposal, the Minister shall give the notice contemplated in section 16 to the Council of the Community;
(8)  the public meetings for consultation on the final version of the development plan of the Community, pursuant to section 20, shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  the development plan of the Community comes into force six months after its adoption by the Council, subject to sections 27 to 29; the application for amendment of the plan provided for in section 27 may be made within six months from its adoption;
(10)  a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 34, 36 to 45, 57, 59, 60, 221 to 226 and 240 apply, mutatismutandis, in respect of such a by-law;
(11)  the opinion provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality is given by the executive committee of the Community and must be transmitted to the municipality within sixty days from reception of the by-law by the Community;
(12)  notwithstanding section 61, the prohibition of any new use of the land, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality
(a)  either when the use of the land, the structure, the cadastral operation or the planned parcelling out has already received, before the coming into force of the resolution contemplated in section 4, all the authorizations required by the municipality and when the use of the land or the structure begins within six months of the coming into force of the said resolution or when the cadastral operation or parcelling out is carried out within the same period,
(b)  or when the two following conditions are met:
i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the use of the land, the structure, the cadastral operation or the parcelling out is intended, or the by-law ordering their installation is in force;
ii.  the landsite on which or in respect of which the use of the land, the structure, the cadastral operation or the parcelling out is to be carried out is adjacent to a public street;
(12.1)  the executive committee of the Community shall designate every officer responsible for issuing the permits and certificates required under its interim control by-law;
(13)  Government regulations made under subparagraph 6 of the first paragraph of section 241 and the second, third and fourth paragraphs of that section do not apply to the members of the Council of the Community.
Notwithstanding the first paragraph, the city of Montréal is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.
Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Montréal must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.
1982, c. 18, s. 146; 1982, c. 63, s. 105; 1983, c. 57, s. 39.
264.1. The Preliminary Title, Chapters I, VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Montréal and to municipalities that are part of it, including the city of Montréal, as if the Community were a regional county municipality.
The provisions mentioned in the first paragraph apply with the following adaptations:
(1)  the secretary of the Community is deemed to be the secretary-treasurer of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  the Community must adopt its development plan not later than 11 July 1985;
(4)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:
(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;
(b)  the approximate layout and the type of the main thoroughfares;
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum standards that must be taken into account by the traffic by-laws of the municipalities;
(6)  instead of mailing or otherwise distributing an abstract of the preliminary development proposal to every address, the Community may have it published in a newspaper circulated in its territory; in such a case, the opinion of a municipality on that proposal must be sent to the Council of the Community within sixty days from such publication;
(7)  within six months of receiving the resolution adopting the development proposal, the Minister shall give the notice contemplated in section 16 to the Council of the Community;
(8)  the public meetings for consultation on the final version of the development plan of the Community, pursuant to section 20, shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  the development plan of the Community comes into force six months after its adoption by the Council, subject to sections 27 to 29; the application for amendment of the plan provided for in section 27 may be made within six months from its adoption;
(10)  a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 34, 36 to 45, 57, 59, 60, 221 to 226 and 240 apply, mutatismutandis, in respect of such a by-law;
(11)  the opinion provided for in section 46 or 74, respecting the advisability of a loan by-law of a municipality is given by the executive committee of the Community and must be transmitted to the municipality within sixty days from reception of the by-law by the Community;
(12)  notwithstanding section 61, the prohibition of any new use of the land, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality
(a)  either when the use of the land, the structure, the cadastral operation or the planned parcelling out has already received, before the coming into force of the resolution contemplated in section 4, all the authorizations required by the municipality and when the use of the land or the structure begins within six months of the coming into force of the said resolution or when the cadastral operation or parcelling out is carried out within the same period,
(b)  or when the two following conditions are met:
i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the use of the land, the structure, the cadastral operation or the parcelling out is intended, or the by-law ordering their installation is in force;
ii.  the landsite on which or in respect of which the use of the land, the structure, the cadastral operation or the parcelling out is to be carried out is adjacent to a public street;
(13)  Government regulations made under subparagraph 6 of the first paragraph of section 241 and the second, third and fourth paragraphs of that section do not apply to the members of the Council of the Community.
Notwithstanding the first paragraph, the city of Montréal is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.
Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Montréal must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.
1982, c. 18, s. 146; 1982, c. 63, s. 105.
264.1. The Preliminary Title, Chapters I, VI and VII of Title I, Division II of Chapter II of Title II, Title III and Chapter I of Title IV apply to the Communauté urbaine de Montréal and to municipalities that are part of it, including the city of Montréal, as if the Community were a regional county municipality.
The provisions mentioned in the first paragraph apply with the following adaptations:
(1)  the secretary of the Community is deemed to be the secretary-treasurer of the regional county municipality;
(2)  the by-law by which the Council of the Community adopts, amends or revises its development plan and the by-law or the resolution by which it adopts or amends its interim control by-law, must be adopted by the majority provided for in sections 52 and 53 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2);
(3)  the Community must adopt its development plan not later than 11 July 1985;
(4)  in addition to the items mentioned in section 5, the development plan of the Community must also include the following:
(a)  the approximate density of occupation permissible in the various parts of its territory, including those parts within the urbanization perimeters;
(b)  the approximate layout and the type of the main thoroughfares;
(5)  in addition to the items mentioned in section 6, the complementary document to the development plan of the Community may include the minimum standards that must be taken into account by the traffic by-laws of the municipalities;
(6)  instead of mailing or otherwise distributing an abstract of the preliminary development proposal to every address, the Community may have it published in a newspaper circulated in its territory; in such a case, the opinion of a municipality on that proposal must be sent to the Council of the Community within sixty days from such publication;
(7)  within six months of receiving the resolution adopting the development proposal, the Minister shall give the notice contemplated in section 16 to the Council of the Community;
(8)  the public meetings for consultation on the final version of the development plan of the Community, pursuant to section 20, shall be held by the development committee formed by section 82 of the Act respecting the Communauté urbaine de Montréal;
(9)  the development plan of the Community comes into force six months after its adoption by the Council, subject to sections 27 to 29; the application for amendment of the plan provided for in section 27 may be made within six months from its adoption;
(10)  a traffic by-law of a municipality whose territory is included in that of the Community must be in conformity with the objectives of the development plan of the Community and with the provisions of the complementary document to the plan; sections 34, 36 to 45, 57, 59, 60, 221 to 226 and 240 apply, mutatismutandis, in respect of such a by-law;
(11)  the opinion of the Council of the Community provided for by section 46 or 74, respecting the advisability of a loan by-law of a municipality, must be transmitted to the municipality within sixty days from the adoption of the by-law;
(12)  notwithstanding section 61, the prohibition of any new use of the land, structure or cadastral operation or any parcelling out of a lot by alienation in the territory of a municipality included in that of the Community is lifted with the issuance of a permit by an officer designated by the municipality
(a)  either when the use of the land, the structure, the cadastral operation or the planned parcelling out has already received, before the coming into force of the resolution contemplated in section 4, all the authorizations required by the municipality and when the use of the land or the structure begins within six months of the coming into force of the said resolution or when the cadastral operation or parcelling out is carried out within the same period,
(b)  or when the two following conditions are met:
i.  the waterworks and sewer services for which an authorization was received or a permit issued under the Act are already installed along the street where the use of the land, the structure, the cadastral operation or the parcelling out is intended, or the by-law ordering their installation is in force;
ii.  the landsite on which or in respect of which the use of the land, the structure, the cadastral operation or the parcelling out is to be carried out is adjacent to a public street;
(13)  government regulations made under subparagraph 6 of the first paragraph of section 241 and the second paragraph of that section, do not apply to the members of the Council of the Community.
Notwithstanding the first paragraph, the city of Montréal is not bound to adopt a planning program or any by-law that its charter does not give it the power to adopt. If by the application of a provision mentioned in the first paragraph, the said city must adopt or amend a by-law that its charter gives it the power to adopt or amend, such adoption or amendment shall be made in accordance with the said charter and in accordance with the provisions mentioned in the first paragraph. In those provisions, any reference to another provision of this Act is deemed to be, for the said city, a reference to the corresponding provision of its charter. For the purposes of section 51, in the case of the said city, an owner is a person entered as such on its real estate assessment roll on the day of the adoption of the resolution mentioned in that section, and a lessee is a person entered, on the same date, as a lessee on the electoral list; in the case of a natural person, he must be of full age and a Canadian citizen.
Only to the extent necessary for the application of the provisions mentioned in the first paragraph, and not in view of the procedure for consultation or approval provided for by Chapter IV of Title I, the city of Montréal must send copies of its resolutions and by-laws and send and publish notices respecting them in accordance with this Act.
1982, c. 18, s. 146.
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