A-19.1 - Act respecting land use planning and development

Section 53.12 Disposition versions

2023-06-01

53.12. The Minister may request that a responsible body amend a metropolitan plan or an RCM plan if the Minister considers it warranted

(1)  to ensure, after the adoption of new government policy directions, that the plan is consistent with them;

(2)  to follow up on a regional or metropolitan report indicating that a target has not been achieved; or

(3)  to improve public safety.

The Minister shall notify an opinion to the responsible body specifying the amendments that must be made to the metropolitan plan or the RCM plan.

The opinion must also indicate any interim control measure the body must take and the time limit for adopting it, unless the Minister considers such a requirement is not necessary. An interim control by-law referred to in this paragraph may be repealed only with the Minister’s approval.

The council of the responsible body must, within six months after notification of the Minister’s opinion, adopt a by-law amending its metropolitan plan or RCM plan to comply with the opinion. If the Minister requests that both a metropolitan plan and an RCM plan applicable to part of the territory of the metropolitan community concerned be amended, with respect to the same object, the time limit applicable with respect to the by-law amending the RCM plan begins to run on the day of coming into force of the by-law amending the metropolitan plan.

Sections 48 to 53.4 do not apply with respect to a by-law that makes only the amendments necessary to comply with a request referred to in subparagraph 1 of the first paragraph that relates to a land use plan for the lands in the domain of the State or in subparagraph 3 of that paragraph.

For the purposes of sections 53.7 to 53.9, the Minister’s opinion is also based on the by-law’s consistency with the request made by the Minister.

If the council of the responsible body fails to adopt, within the prescribed time, a by-law requested by the Minister, including as regards interim control, the Minister may make it. Such a by-law is deemed to have been adopted by the council. The Minister shall, as soon as practicable after making the by-law, send a copy of it to the responsible body. The by-law comes into force on the date determined by the Minister.

The council of a responsible body that is of the opinion that its metropolitan plan or RCM plan already complies with the request and has notified a resolution to that effect to the Minister has not failed to adopt a by-law requested by the Minister in accordance with subparagraph 1 of the first paragraph.

If the Minister disagrees with the opinion given in the resolution sent to the Minister, the Minister may make a new amendment request to the responsible body specifying the amendments that must be made to the metropolitan plan or the RCM plan. The eighth paragraph does not apply to such a request.

1990, c. 50, s. 2; 1993, c. 3, s. 31; 1996, c. 25, s. 12; 1999, c. 40, s. 18; 2002, c. 37, s. 5; 2010, c. 10, s. 16; I.N. 2016-01-01 (NCCP); 2023, c. 12, s. 21.

2016-01-01

53.12. If the Government has approved an amendment to the land use plan for the lands in the domain of the State situated in the territory of a responsible body in accordance with section 25 of the Act respecting the lands in the domain of the State (chapter T-8.1), the Minister, if of the opinion that the metropolitan plan or the RCM plan is not consistent with the amended land use plan, may request that the metropolitan plan or the RCM plan be amended.

The Minister shall in that case notify an opinion to the responsible body, giving reasons and stating what amendments must be made to the metropolitan plan or the RCM plan to bring it into conformity with the land use plan.

Within 90 days after notification of the Minister’s opinion, the council of the responsible body shall adopt a by-law amending the metropolitan plan or the RCM plan so as to take account of the Minister’s opinion. Sections 48 to 53.4 do not apply to the by-law if it amends the metropolitan plan and the RCM plan only to the extent necessary to take account of the Minister’s opinion. For the purposes of sections 53.7 to 53.9, the Minister shall give an opinion as to the conformity of the proposed amendment with the land use plan. If the Minister requests the amendment of both a metropolitan plan and an RCM plan applicable to part of the territory of the metropolitan community concerned, sections 53.11.7 to 53.11.14 do not apply to the by-law amending the RCM plan that the council of the regional county municipality adopts to comply with the request.

If the council fails to adopt a by-law for the purpose of bringing the metropolitan plan or the RCM plan into conformity with the land use plan, the Government may, by order, adopt such a by-law. The by-law is deemed to be a by-law adopted by the council. As soon as practicable after the adoption of the order, the Minister shall send a copy of the order and of the by-law to the responsible body. The by-law comes into force on the date mentioned in the order.

1990, c. 50, s. 2; 1993, c. 3, s. 31; 1996, c. 25, s. 12; 1999, c. 40, s. 18; 2002, c. 37, s. 5; 2010, c. 10, s. 16; I.N. 2016-01-01 (NCCP).

2010-06-02

53.12. If the Government has approved an amendment to the land use plan for the lands in the domain of the State situated in the territory of a responsible body in accordance with section 25 of the Act respecting the lands in the domain of the State (chapter T-8.1), the Minister, if of the opinion that the metropolitan plan or the RCM plan is not consistent with the amended land use plan, may request that the metropolitan plan or the RCM plan be amended.

The Minister shall in that case serve an opinion on the responsible body, giving reasons and stating what amendments must be made to the metropolitan plan or the RCM plan to bring it into conformity with the land use plan.

Within 90 days after service of the Minister’s opinion, the council of the responsible body shall adopt a by-law amending the metropolitan plan or the RCM plan so as to take account of the Minister’s opinion. Sections 48 to 53.4 do not apply to the by-law if it amends the metropolitan plan and the RCM plan only to the extent necessary to take account of the Minister’s opinion. For the purposes of sections 53.7 to 53.9, the Minister shall give an opinion as to the conformity of the proposed amendment with the land use plan. If the Minister requests the amendment of both a metropolitan plan and an RCM plan applicable to part of the territory of the metropolitan community concerned, sections 53.11.7 to 53.11.14 do not apply to the by-law amending the RCM plan that the council of the regional county municipality adopts to comply with the request.

If the council fails to adopt a by-law for the purpose of bringing the metropolitan plan or the RCM plan into conformity with the land use plan, the Government may, by order, adopt such a by-law. The by-law is deemed to be a by-law adopted by the council. As soon as practicable after the adoption of the order, the Minister shall send a copy of the order and of the by-law to the responsible body. The by-law comes into force on the date mentioned in the order.

1990, c. 50, s. 2; 1993, c. 3, s. 31; 1996, c. 25, s. 12; 1999, c. 40, s. 18; 2002, c. 37, s. 5; 2010, c. 10, s. 16.

2002-06-14

53.12. Where the Government has approved an amendment to the land use plan for the lands in the domain of the State situated in the territory of a regional county municipality pursuant to section 25 of the Act respecting the lands in the domain of the State (chapter T‐8.1), the Minister may, if he is of the opinion that the development plan in force is not consistent with the amended land use plan, request that the development plan be amended.

The Minister shall in that case serve a notice on the regional county municipality, stating what amendments must be made to the development plan to make it consistent with the land use plan, as well as the reasons therefor.

Within 90 days after service of the Minister’s notice, the council of the regional county municipality shall adopt a by‐law amending the development plan so as to abide by the notice. Sections 48 to 53.4 do not apply in respect of the by‐law if it amends the plan only to the extent necessary to take account of the notice. For the purposes of sections 53.7 to 53.9, the Minister shall give his opinion as to whether the proposed amendment is consistent with the land use plan.

If the council fails to adopt a by‐law for the purpose of making the development plan consistent with the land use plan, the Government, by order, may adopt such a by‐law. The by‐law is deemed to have been adopted by the regional county municipality. As soon as practicable after the adoption of the order, the Minister shall transmit a copy of the order and of the by‐law to the regional county municipality. The by‐law comes into force on the date fixed in the order.

1990, c. 50, s. 2; 1993, c. 3, s. 31; 1996, c. 25, s. 12; 1999, c. 40, s. 18; 2002, c. 37, s. 5.

1999-10-22

53.12. Where the Government has approved an amendment to the land use plan for the lands in the domain of the State situated in the territory of a regional county municipality pursuant to section 25 of the Act respecting the lands in the domain of the State (chapter T‐8.1), the Minister may, if he is of the opinion that the development plan in force is not consistent with the amended land use plan, request that the development plan be amended.

The Minister shall in that case serve a notice on the regional county municipality, stating what amendments must be made to the development plan to make it consistent with the land use plan, as well as the reasons therefor.

Within 90 days after service of the Minister’s notice, the council of the regional county municipality shall adopt a by‐law amending the development plan so as to abide by the notice. Sections 48 to 53.4 do not apply in respect of the by‐law if it amends the plan only to the extent necessary to take account of the notice. For the purposes of sections 53.7 to 53.9, the Minister shall give his opinion as to whether the proposed amendment is consistent with the land use plan.

If the council fails to adopt a by‐law for the purpose of making the development plan consistent with the land use plan, the Government, by order, may adopt such a by‐law. The by‐law is deemed to have been adopted by the regional county municipality. As soon as practicable after the adoption of the order, the Minister shall transmit a copy of the order and of the by‐law to the regional county municipality. The by‐law comes into force on the date fixed in the order.

The first four paragraphs, adapted as required, apply where the limits of floodplains situated within the territory of a regional county municipality and subject to the protection policy for lakeshores, riverbanks, littoral zones and floodplains adopted by the Government pursuant to section 2.1 of the Environment Quality Act (chapter Q‐2) have been set or changed.

1990, c. 50, s. 2; 1993, c. 3, s. 31; 1996, c. 25, s. 12; 1999, c. 40, s. 18.

1997-04-16

53.12. Where the Government has approved an amendment to the land use plan for the lands in the public domain situated in the territory of a regional county municipality pursuant to section 25 of the Act respecting the lands in the public domain (chapter T-8.1), the Minister may, if he is of the opinion that the development plan in force is not consistent with the amended land use plan, request that the development plan be amended.

The Minister shall in that case serve a notice on the regional county municipality, stating what amendments must be made to the development plan to make it consistent with the land use plan, as well as the reasons therefor.

Within 90 days after service of the Minister’s notice, the council of the regional county municipality shall adopt a by-law amending the development plan so as to abide by the notice. Sections 48 to 53.4 do not apply in respect of the by-law if it amends the plan only to the extent necessary to take account of the notice. For the purposes of sections 53.7 to 53.9, the Minister shall give his opinion as to whether the proposed amendment is consistent with the land use plan.

If the council fails to adopt a by-law for the purpose of making the development plan consistent with the land use plan, the Government, by order, may adopt such a by-law. The by-law is deemed to have been adopted by the regional county municipality. As soon as practicable after the adoption of the order, the Minister shall transmit a copy of the order and of the by-law to the regional county municipality. The by-law comes into force on the date fixed in the order.

The first four paragraphs, adapted as required, apply where the limits of floodplains situated within the territory of a regional county municipality and subject to the protection policy for lakeshores, riverbanks, littoral zones and floodplains adopted by the Government pursuant to section 2.1 of the Environment Quality Act (chapter Q-2) have been set or changed.

1990, c. 50, s. 2; 1993, c. 3, s. 31; 1996, c. 25, s. 12.

1996-06-20

53.12. Where the Government has approved an amendment to the land use plan for the lands in the public domain situated in the territory of a regional county municipality pursuant to section 25 of the Act respecting the lands in the public domain (chapter T-8.1), the Minister may, if he is of the opinion that the development plan in force is not consistent with the amended land use plan, request that the development plan be amended.

The Minister shall in that case serve a notice on the regional county municipality, stating what amendments must be made to the development plan to make it consistent with the land use plan, as well as the reasons therefor.

Within 90 days after service of the Minister’s notice, the council of the regional county municipality shall adopt a by-law amending the development plan so as to abide by the notice. Sections 48 to 53.4 do not apply in respect of the by-law if it amends the plan only to the extent necessary to take account of the notice. For the purposes of sections 53.7 to 53.9, the Minister shall give his opinion as to whether the proposed amendment is consistent with the land use plan.

If the council fails to adopt a by-law for the purpose of making the development plan consistent with the land use plan, the Government, by order, may adopt such a by-law. The by-law is deemed to have been adopted by the regional county municipality. As soon as practicable after the adoption of the order, the Minister shall transmit a copy of the order and of the by-law to the regional county municipality. The by-law comes into force on the date fixed in the order.

In force: 1997-04-16

The first four paragraphs, adapted as required, apply where the limits of floodplains situated within the territory of a regional county municipality and subject to the protection policy for lakeshores, riverbanks, littoral zones and floodplains adopted by the Government pursuant to section 2.1 of the Environment Quality Act (chapter Q-2) have been set or changed.

1990, c. 50, s. 2; 1993, c. 3, s. 31; 1996, c. 25, s. 12.

1993-05-01

53.12. Where the Government has approved an amendment to the land use plan for the lands in the public domain situated in the territory of a regional county municipality pursuant to section 25 of the Act respecting the lands in the public domain (chapter T-8.1), the Minister may, if he is of the opinion that the development plan in force is not consistent with the amended land use plan, request that the development plan be amended.

The Minister shall in that case serve a notice on the regional county municipality, stating what amendments must be made to the development plan to make it consistent with the land use plan, as well as the reasons therefor. He shall also transmit a copy to the Commission for registration.

Within 90 days after service of the Minister’s notice, the council of the regional county municipality shall adopt a by-law amending the development plan so as to abide by the notice. Sections 48 to 53.4 do not apply in respect of the by-law if it amends the plan only to the extent necessary to take account of the notice. For the purposes of sections 53.7 to 53.9, the Minister shall give his opinion as to whether the proposed amendment is consistent with the land use plan.

If the council fails to adopt a by-law for the purpose of making the development plan consistent with the land use plan, the Government, by order, may adopt such a by-law. The by-law is deemed to have been adopted by the regional county municipality. As soon as practicable after the adoption of the order, the Minister shall transmit a copy of the order and of the by-law to the regional county municipality. The by-law comes into force on the date fixed in the order.

In force: 1997-04-16

The first four paragraphs, adapted as required, apply where the limits of floodplains situated within the territory of a regional county municipality and subject to the protection policy for lakeshores, riverbanks, littoral zones and floodplains adopted by the Government pursuant to section 2.1 of the Environment Quality Act (chapter Q-2) have been set or changed.

1990, c. 50, s. 2; 1993, c. 3, s. 31.

1990-11-21

53.12. Where the Government has approved an amendment to the land use plan for the lands in the public domain situated in the territory of a regional county municipality pursuant to section 25 of the Act respecting the lands in the public domain (chapter T-8.1), the Minister may, if he is of the opinion that the development plan in force is not consistent with the amended land use plan, request that the development plan be amended.

The Minister shall in that case serve a notice on the regional county municipality, stating what amendments must be made to the development plan to make it consistent with the land use plan, as well as the reasons therefor. He shall also transmit a copy to the Commission for registration.

Within 90 days after service of the Minister’s notice, the council of the regional county municipality shall adopt a by-law amending the development plan so as to abide by the notice. Sections 48 to 53.4 do not apply in respect of the by-law. For the purposes of sections 53.7 to 53.9, the Minister shall give his opinion as to whether the proposed amendment is consistent with the land use plan.

If the council fails to adopt a by-law for the purpose of making the development plan consistent with the land use plan, the Government, by order, may adopt such a by-law. The by-law is deemed to have been adopted by the regional county municipality. As soon as practicable after the adoption of the order, the Minister shall transmit a copy of the order and of the by-law to the regional county municipality. The by-law comes into force on the date fixed in the order.

1990, c. 50, s. 2.