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A-19.1 - Act respecting land use planning and development

Section 53.7
Disposition versions

Full text
53.7. Within 60 days after receiving the copy of the by-law amending the metropolitan plan or the RCM plan, the Minister shall give an opinion as to the consistency of the amendment with government policy directions. If, under the fifth paragraph of section 5, the amending by-law delimits a mining incompatible territory within the meaning of section 304.1.1 of the Mining Act (chapter M-13.1) or modifies the boundaries of such a territory, the Minister’s opinion must state that the proposed amendment is inconsistent with government policy directions if the Minister has received from the Minister of Natural Resources and Wildlife an opinion, with reasons, stating that the proposed amendment is inconsistent with a government policy direction drawn up for the purpose of establishing such a territory. The opinion of the Minister of Natural Resources and Wildlife must be received by the Minister not later than the 30th day after the day the latter requested the former’s opinion in accordance with section 267.
If the opinion states that the proposed amendment is not consistent with government policy directions, it must include reasons. In that case, the Minister may, in the opinion, require the responsible body to replace the by-law.
The Minister shall notify the opinion to the responsible body. If the opinion states that the proposed amendment is not consistent with government policy directions, the Minister shall send a copy to every partner body.
The Minister must refuse to give an opinion where a responsible body has failed to amend or revise its metropolitan plan or RCM plan to comply with a ministerial request under this chapter, except if the proposed amendment
(1)  has the effect of remedying any of the causes of the failure referred to in this paragraph or if not making the amendment would cause such a failure;
(2)  is necessary, in the Minister’s opinion, for a government intervention to be made or a priority project to be carried out or for reasons of public safety, public health or environmental protection; or
(3)  is a concordance amendment to the metropolitan plan, in the case of an RCM plan that concerns part of the territory of a metropolitan community.
The fourth paragraph applies to a regional county municipality that has failed to amend a by-law referred to in section 79.2 to comply with a ministerial request under subdivision 5 of Division I of Chapter II.1.
If the Minister refuses to give an opinion under the fourth or fifth paragraph, the Minister shall notify a notice to the responsible body that identifies the cause of the failure.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3; 2010, c. 10, s. 14; 2013, c. 32, s. 117; I.N. 2016-01-01 (NCCP); 2016, c. 35, s. 23; 2022, c. 10, s. 4; 2023, c. 12, s. 14.
53.7. Within 60 days after receiving the copy of the by-law amending the metropolitan plan or the RCM plan, the Minister shall give an opinion as to the consistency of the amendment with government policy directions. If, under the fifth paragraph of section 5, the amending by-law delimits a mining incompatible territory within the meaning of section 304.1.1 of the Mining Act (chapter M-13.1) or modifies the boundaries of such a territory, the Minister’s opinion must state that the proposed amendment is inconsistent with government policy directions if the Minister has received from the Minister of Natural Resources and Wildlife an opinion, with reasons, stating that the proposed amendment is inconsistent with a government policy direction drawn up for the purpose of establishing such a territory. The opinion of the Minister of Natural Resources and Wildlife must be received by the Minister not later than the 30th day after the day the latter requested the former’s opinion in accordance with section 267.
If the opinion states that the proposed amendment is not consistent with government policy directions, it must include reasons. In that case, the Minister may, in the opinion, require the responsible body to replace the by-law.
The Minister shall notify the opinion to the responsible body. If the opinion states that the proposed amendment is not consistent with government policy directions, the Minister shall send a copy to every partner body.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3; 2010, c. 10, s. 14; 2013, c. 32, s. 117; I.N. 2016-01-01 (NCCP); 2016, c. 35, s. 23; 2022, c. 10, s. 4; 2023, c. 12, s. 14.
53.7. Within 60 days after receiving the copy of the by-law amending the metropolitan plan or the RCM plan, the Minister shall give an opinion as to the consistency of the amendment with government policy directions. If, under subparagraph 7 of the first paragraph of section 6, the amending by-law delimits a mining incompatible territory within the meaning of section 304.1.1 of the Mining Act (chapter M-13.1) or modifies the boundaries of such a territory, the Minister’s opinion must state that the proposed amendment is inconsistent with government policy directions if the Minister has received from the Minister of Natural Resources and Wildlife an opinion, with reasons, stating that the proposed amendment is inconsistent with a government policy direction drawn up for the purpose of establishing such a territory. The opinion of the Minister of Natural Resources and Wildlife must be received by the Minister not later than the 30th day after the day the latter requested the former’s opinion in accordance with section 267.
If the opinion states that the proposed amendment is not consistent with government policy directions, it must include reasons. In that case, the Minister may, in the opinion, require the responsible body to replace the by-law.
The Minister shall notify the opinion to the responsible body. If the opinion states that the proposed amendment is not consistent with government policy directions, the Minister shall send a copy to every partner body.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3; 2010, c. 10, s. 14; 2013, c. 32, s. 117; I.N. 2016-01-01 (NCCP); 2016, c. 35, s. 23; 2022, c. 10, s. 4.
53.7. Within 60 days after receiving the copy of the by-law amending the metropolitan plan or the RCM plan, the Minister shall give an opinion as to the consistency of the amendment with government policy directions. If, under subparagraph 7 of the first paragraph of section 6, the amending by-law delimits a mining incompatible territory within the meaning of section 304.1.1 of the Mining Act (chapter M-13.1) or a territory incompatible with petroleum exploration, production and storage within the meaning of section 141 of the Petroleum Resources Act (chapter H-4.2), or modifies the boundaries of such a territory, the Minister’s opinion must state that the proposed amendment is inconsistent with government policy directions if the Minister has received from the Minister of Natural Resources and Wildlife an opinion, with reasons, stating that the proposed amendment is inconsistent with a government policy direction drawn up for the purpose of establishing such a territory. The opinion of the Minister of Natural Resources and Wildlife must be received by the Minister not later than the 30th day after the day the latter requested the former’s opinion in accordance with section 267.
If the opinion states that the proposed amendment is not consistent with government policy directions, it must include reasons. In that case, the Minister may, in the opinion, require the responsible body to replace the by-law.
The Minister shall notify the opinion to the responsible body. If the opinion states that the proposed amendment is not consistent with government policy directions, the Minister shall send a copy to every partner body.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3; 2010, c. 10, s. 14; 2013, c. 32, s. 117; I.N. 2016-01-01 (NCCP); 2016, c. 35, s. 23.
53.7. Within 60 days after receiving the copy of the by-law amending the metropolitan plan or the RCM plan, the Minister shall give an opinion as to the consistency of the amendment with government policy directions. If, under subparagraph 7 of the first paragraph of section 6, the amending by-law delimits a mining incompatible territory within the meaning of section 304.1.1 of the Mining Act (chapter M-13.1), or modifies the boundaries of such a territory, the Minister’s opinion must state that the proposed amendment is inconsistent with government policy directions if the Minister has received from the Minister of Natural Resources and Wildlife an opinion, with reasons, stating that the proposed amendment is inconsistent with a government policy direction drawn up for the purpose of establishing such a territory. The opinion of the Minister of Natural Resources and Wildlife must be received by the Minister not later than the 30th day after the day the latter requested the former’s opinion in accordance with section 267.
If the opinion states that the proposed amendment is not consistent with government policy directions, it must include reasons. In that case, the Minister may, in the opinion, require the responsible body to replace the by-law.
The Minister shall notify the opinion to the responsible body. If the opinion states that the proposed amendment is not consistent with government policy directions, the Minister shall send a copy to every partner body.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3; 2010, c. 10, s. 14; 2013, c. 32, s. 117; I.N. 2016-01-01 (NCCP).
53.7. Within 60 days after receiving the copy of the by-law amending the metropolitan plan or the RCM plan, the Minister shall give an opinion as to the consistency of the amendment with government policy directions. If, under subparagraph 7 of the first paragraph of section 6, the amending by-law delimits a mining incompatible territory within the meaning of section 304.1.1 of the Mining Act (chapter M-13.1), or modifies the boundaries of such a territory, the Minister’s opinion must state that the proposed amendment is inconsistent with government policy directions if the Minister has received from the Minister of Natural Resources and Wildlife an opinion, with reasons, stating that the proposed amendment is inconsistent with a government policy direction drawn up for the purpose of establishing such a territory. The opinion of the Minister of Natural Resources and Wildlife must be received by the Minister not later than the 30th day after the day the latter requested the former’s opinion in accordance with section 267.
If the opinion states that the proposed amendment is not consistent with government policy directions, it must include reasons. In that case, the Minister may, in the opinion, require the responsible body to replace the by-law.
The Minister shall serve the opinion on the responsible body. If the opinion states that the proposed amendment is not consistent with government policy directions, the Minister shall send a copy to every partner body.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3; 2010, c. 10, s. 14; 2013, c. 32, s. 117.
53.7. Within 60 days after receiving the copy of the by-law amending the metropolitan plan or the RCM plan, the Minister shall give an opinion as to the consistency of the amendment with government policy directions.
If the opinion states that the proposed amendment is not consistent with government policy directions, it must include reasons. In that case, the Minister may, in the opinion, require the responsible body to replace the by-law.
The Minister shall serve the opinion on the responsible body. If the opinion states that the proposed amendment is not consistent with government policy directions, the Minister shall send a copy to every partner body.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3; 2010, c. 10, s. 14.
53.7. Within 60 days of receiving the copy of the by-law amending the development plan, the Minister shall give his opinion on the amendment, taking into account the aims that the Government, its ministers, mandataries of the State and public bodies are pursuing or intend to pursue in respect of land use development in the territory of the regional county municipality, including the land use plan provided for in section 21 of the Act respecting the lands in the domain of the State (chapter T‐8.1), as well as the equipment, infrastructure and land use development projects which they intend to carry out in the territory.
Where the territory of the regional county municipality includes an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the notice shall include the guidelines relating to the objectives mentioned in subparagraph 2.1 of the first paragraph of section 5. It shall also indicate the parameters to serve in the establishment of separation distances with a view to reducing the inconvenience caused by odours resulting from certain agricultural activities.
If the opinion of the Minister states that the proposed amendment is not consistent with such aims and projects, it must include reasons. In that case, the Minister may, in his opinion, require the regional county municipality to replace the by-law.
The Minister shall serve the opinion on the regional county municipality. In the case provided for in the third paragraph, he shall transmit a copy of the opinion to every municipality in the territory of the regional county municipality.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22; 2002, c. 37, s. 3.
53.7. Within 60 days of receiving the copy of the by-law amending the development plan, the Minister shall give his opinion on the amendment, taking into account the aims that the Government, its ministers, mandataries of the State and public bodies are pursuing or intend to pursue in respect of land use development in the territory of the regional county municipality, including the land use plan provided for in section 21 of the Act respecting the lands in the domain of the State (chapter T‐8.1), as well as the equipment, infrastructure and land use development projects which they intend to carry out in the territory.
Where the territory of the regional county municipality includes an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the notice shall include the guidelines relating to the objectives mentioned in subparagraph 2.1 of the first paragraph of section 5. It shall also indicate the parameters to serve in the establishment of separation distances with a view to reducing the inconvenience caused by odours resulting from certain agricultural activities.
If the opinion of the Minister states that the proposed amendment is not consistent with the such aims and projects, it must include reasons. In that case, the Minister may, in his opinion, require the regional county municipality to replace the by-law.
The Minister shall serve the opinion on the regional county municipality. In the case provided for in the second paragraph, he shall transmit a copy of the opinion to every municipality in the territory of the regional county municipality.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18; 2001, c. 35, s. 22.
53.7. Within 60 days of receiving the copy of the by-law amending the development plan, the Minister shall give his opinion on the amendment, taking into account the aims that the Government, its ministers, mandataries of the State and public bodies are pursuing or intend to pursue in respect of land use development in the territory of the regional county municipality, including the land use plan provided for in section 21 of the Act respecting the lands in the domain of the State (chapter T‐8.1), as well as the equipment, infrastructure and land use development projects which they intend to carry out in the territory.
If the opinion of the Minister states that the proposed amendment is not consistent with the such aims and projects, it must include reasons. In that case, the Minister may, in his opinion, require the regional county municipality to replace the by-law.
The Minister shall serve the opinion on the regional county municipality. In the case provided for in the second paragraph, he shall transmit a copy of the opinion to every municipality in the territory of the regional county municipality.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58; 1999, c. 40, s. 18.
53.7. Within 60 days of receiving the copy of the by-law amending the development plan, the Minister shall give his opinion on the amendment, taking into account the aims that the Government, its ministers or mandataries and public bodies are pursuing or intend to pursue in respect of land use development in the territory of the regional county municipality, including the land use plan provided for in section 21 of the Act respecting the lands in the public domain (chapter T-8.1), as well as the equipment, infrastructure and land use development projects which they intend to carry out in the territory.
If the opinion of the Minister states that the proposed amendment is not consistent with the such aims and projects, it must include reasons. In that case, the Minister may, in his opinion, require the regional county municipality to replace the by-law.
The Minister shall serve the opinion on the regional county municipality. In the case provided for in the second paragraph, he shall transmit a copy of the opinion to every municipality in the territory of the regional county municipality.
1990, c. 50, s. 2; 1993, c. 3, s. 27; 1995, c. 34, s. 58.
53.7. Within 60 days of receiving the copy of the by-law amending the development plan, the Minister shall give his opinion on the amendment, taking into account the aims that the Government, its ministers or mandataries and public bodies are pursuing or intend to pursue in respect of land use development in the territory of the regional county municipality, including the land use plan provided for in section 21 of the Act respecting the lands in the public domain (chapter T-8.1), as well as the equipment, infrastructure and land use development projects which they intend to carry out in the territory.
If the opinion of the Minister states that the proposed amendment is not consistent with the such aims and projects, it must include reasons. In that case, the Minister may, in his opinion, require the regional county municipality to replace the by-law.
The Minister shall serve the opinion on the regional county municipality. In the case provided for in the second paragraph, he shall transmit a copy of the opinion to every municipality in the territory of the regional county municipality, and to the Commission for registration.
1990, c. 50, s. 2; 1993, c. 3, s. 27.
53.7. Within 60 days after service of the copy of the by-law amending the development plan, the Minister shall give his opinion on the amendment, taking into account the aims and projects referred to in section 51.
If the opinion of the Minister states that the proposed amendment is not consistent with the said aims and projects, it must include reasons. In that case, the Minister may, in his opinion, require the regional county municipality to replace the by-law.
The Minister shall serve the opinion on the regional county municipality. In the case provided for in the second paragraph, he shall transmit a copy of the opinion to every municipality in the territory of the regional county municipality, and to the Commission for registration.
1990, c. 50, s. 2.
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