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A-19.1 - Act respecting land use planning and development

Section 65
Disposition versions

Full text
65. Within 60 days after receiving a copy of the by-law, the Minister shall give an opinion as to the consistency of the by-law with government policy directions.
If the opinion states that the by-law is not consistent with those policy directions, it must include reasons. In that case, the Minister may, in the opinion, request that the responsible body replace the by-law; the Minister may also set a time limit for the adoption of a replacement by-law.
The Minister shall notify the opinion to the responsible body. In the case provided for in the second paragraph, the Minister shall send a copy of the opinion to every partner body.
1979, c. 51, s. 65; 1982, c. 2, s. 61; 1982, c. 63, s. 82; 1996, c. 25, s. 26; 1999, c. 40, s. 18; 2001, c. 35, s. 25; 2010, c. 10, s. 36; I.N. 2016-01-01 (NCCP).
65. Within 60 days after receiving a copy of the by-law, the Minister shall give an opinion as to the consistency of the by-law with government policy directions.
If the opinion states that the by-law is not consistent with those policy directions, it must include reasons. In that case, the Minister may, in the opinion, request that the responsible body replace the by-law; the Minister may also set a time limit for the adoption of a replacement by-law.
The Minister shall serve the opinion on the responsible body. In the case provided for in the second paragraph, the Minister shall send a copy of the opinion to every partner body.
1979, c. 51, s. 65; 1982, c. 2, s. 61; 1982, c. 63, s. 82; 1996, c. 25, s. 26; 1999, c. 40, s. 18; 2001, c. 35, s. 25; 2010, c. 10, s. 36.
65. Within 60 days after receiving a copy of the by-law, the Minister shall give his opinion on the by-law as regards the aims that the Government, its ministers or 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 development projects they intend to carry out in the territory.
An opinion stating that the by-law is not consistent with such aims and projects must include reasons. In that case, the Minister may, in the opinion, request that the regional county municipality replace the by-law; he may also fix a time limit for the adoption of a replacement by-law.
In the case of an interim control by-law concerning an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the notice shall take into account the guidelines relating to the objectives set out in subparagraph 2.1 of the first paragraph of section 5. If the by-law provides for standards aimed at reducing the inconvenience caused by odours resulting from agricultural activities, the notice shall also indicate the parameters to serve in the establishment of separation distances with a view to reducing the inconvenience.
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 whose territory is comprised in that of the regional county municipality.
1979, c. 51, s. 65; 1982, c. 2, s. 61; 1982, c. 63, s. 82; 1996, c. 25, s. 26; 1999, c. 40, s. 18; 2001, c. 35, s. 25.
65. Within 60 days after receiving a copy of the by-law, the Minister shall give his opinion on the by-law as regards the aims that the Government, its ministers or 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 development projects they intend to carry out in the territory.
An opinion stating that the by-law is not consistent with such aims and projects must include reasons. In that case, the Minister may, in the opinion, request that the regional county municipality replace the by-law; he may also fix a time limit for the adoption of a replacement 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 whose territory is comprised in that of the regional county municipality.
1979, c. 51, s. 65; 1982, c. 2, s. 61; 1982, c. 63, s. 82; 1996, c. 25, s. 26; 1999, c. 40, s. 18.
65. Within 60 days after receiving a copy of the by-law, the Minister shall give his opinion on the by-law as regards 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 development projects they intend to carry out in the territory.
An opinion stating that the by-law is not consistent with such aims and projects must include reasons. In that case, the Minister may, in the opinion, request that the regional county municipality replace the by-law; he may also fix a time limit for the adoption of a replacement 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 whose territory is comprised in that of the regional county municipality.
1979, c. 51, s. 65; 1982, c. 2, s. 61; 1982, c. 63, s. 82; 1996, c. 25, s. 26.
65. The interim control by-law may prescribe
(1)  the area to which it applies;
(2)  the maintaining of any prohibitions set forth in section 61;
(3)  the conditions on which the prohibitions referred to in paragraph 2 may be lifted with the issuance of a permit by the officer designated by the council of the regional county municipality, whether or not such conditions are provided in section 62;
(4)  special rules in the matter of zoning, subdivision or building and issuance of required permits and certificates, in which case, sections 113, 115, 116 and 118 to 122 apply, mutatismutandis;
(5)  the administrative terms and conditions governing the issuance of permits by the officer designated by the council of the regional county municipality including, as the case may be, the sending to that officer of the applications for permits made to the designated officer of the municipality in whose territory the immoveable contemplated in the application is situated.
For the purposes of the issuance of a permit or certificate contemplated in subparagraph 3 or 4 of the first paragraph, the council of the regional county municipality may designate, for the territory of a municipality, an officer of that municipality. The council of the regional county municipality must obtain the consent of the municipality to make a valid designation.
1979, c. 51, s. 65; 1982, c. 2, s. 61; 1982, c. 63, s. 82.
65. The interim control by-law prescribe
(1)  the area to which it applies;
(2)  the maintaining of any prohibitions set forth in section 61;
(3)  the conditions on which the prohibitions referred to in paragraph 2 may be lifted with the issuance of a permit by the officer designated by the council of the regional county municipality, whether or not such conditions are provided in section 62;
(4)  special rules in the matter of zoning, subdivision or building and issuance of required permits and certificates, in which case, sections 113, 115, 116 and 118 to 122 apply, mutatismutandis;
(5)  the administrative terms and conditions governing the issuance of permits by the officer designated by the council of the regional county municipality including, as the case may be, the sending to that officer of the applications for permits made to the designated officer of the municipality in whose territory the immoveable contemplated in the application is situated.
1979, c. 51, s. 65; 1982, c. 2, s. 61.
65. The interim control by-law prescribe
(1)  the area to which it applies;
(2)  the maintaining of any prohibitions set forth in section 61;
(3)  the conditions on which the prohibitions referred to in paragraph 2 may be lifted with the issuance of a permit by the secretary-treasurer, whether or not such conditions are provided in section 62;
(4)  special rules in the matter of zoning, subdivision or building;
(5)  the administrative terms and conditions governing the issuance of permits by the secretary-treasurer including, as the case may be, the sending to the secretary-treasurer of the applications for permits made to the designated officer of the municipality in whose territory the immoveable contemplated in the application is situated.
1979, c. 51, s. 65.
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