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A-19.1 - Act respecting land use planning and development

Section 68
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68. No building permit, subdivision permit, certificate of authorization or certificate of occupancy may be issued pursuant to a by-law of a municipality in respect of an activity that is prohibited or that is authorized, under any of sections 62 to 64, upon issuance of a permit or a certificate, unless in the latter case the activity was so authorized.
The provisions of an interim control by-law, adopted under the third paragraph of section 64, render inoperative any inconsistent provision of a by-law of a municipality adopted under any of subparagraphs 3, 4 and 5 of the second paragraph of section 113.
In addition, where a notice of motion has been given in relation to an interim control by-law referred to in the second paragraph, no construction plan may be approved and no permit or certificate may be issued or granted for the carrying out of work or the use of an immovable which, if the by-law that is the subject of the notice of motion comes into force, will be prohibited in the agricultural zone concerned.
The third paragraph ceases to apply at the expiry of the period that begins on the day of the filing of the notice of motion and that ends four months later. The third paragraph ceases, however, to apply before the expiry of that period on the day on which a notice of motion relating to a replacement by-law is filed or, failing that, on the day on which the time limit fixed by the Minister pursuant to the second paragraph of section 65 expires.
1979, c. 51, s. 68; 1982, c. 2, s. 63; 1993, c. 3, s. 35; 1996, c. 25, s. 26; 2001, c. 35, s. 26; 2002, c. 37, s. 16; 2002, c. 77, s. 3; 2004, c. 20, s. 5.
68. No building permit, subdivision permit, certificate of authorization or certificate of occupancy may be issued pursuant to a by-law of a municipality in respect of an activity that is prohibited or that is authorized, under any of sections 62 to 64, upon issuance of a permit or a certificate, unless in the latter case the activity was so authorized.
The provisions of an interim control by-law, adopted under the third paragraph of section 64, render inoperative any inconsistent provision of a by-law of a municipality adopted under any of subparagraphs 3, 4 and 5 of the second paragraph of section 113.
In addition, where a notice of motion has been given in relation to an interim control by-law referred to in the second paragraph, no construction plan may be approved and no permit or certificate may be issued or granted for the carrying out of work or the use of an immovable which, if the by-law that is the subject of the notice of motion comes into force, will be prohibited in the agricultural zone concerned.
The third paragraph ceases to apply at the expiry of the period that begins on the day of the filing of the notice of motion and that ends six months later in the case of a regional county municipality all or part of whose territory is comprised in or is contiguous to that of a metropolitan community, or four months later in the case of any other regional county municipality. The third paragraph ceases, however, to apply before the expiry of that period on the day on which a notice of motion relating to a replacement by-law is filed or, failing that, on the day on which the time limit fixed by the Minister pursuant to the second paragraph of section 65 expires.
1979, c. 51, s. 68; 1982, c. 2, s. 63; 1993, c. 3, s. 35; 1996, c. 25, s. 26; 2001, c. 35, s. 26; 2002, c. 37, s. 16; 2002, c. 77, s. 3.
68. No building permit, subdivision permit, certificate of authorization or certificate of occupancy may be issued pursuant to a by-law of a municipality in respect of an activity that is prohibited or that is authorized, under any of sections 62 to 64, upon issuance of a permit or a certificate, unless in the latter case the activity was so authorized.
The provisions of an interim control by-law, adopted under the third paragraph of section 64, render inoperative any inconsistent provision of a by-law of a municipality adopted under any of subparagraphs 3, 4 and 5 of the second paragraph of section 113.
In addition, where a notice of motion has been given in relation to an interim control by-law referred to in the second paragraph, no construction plan may be approved and no permit or certificate may be issued or granted for the carrying out of work or the use of an immovable which, if the by-law that is the subject of the notice of motion comes into force, will be prohibited in the agricultural zone concerned.
The third paragraph ceases to apply on the date occurring four months after the filing of the notice of motion or according to the time indicated, where applicable, by the Minister in a notice issued in accordance with section 65.
1979, c. 51, s. 68; 1982, c. 2, s. 63; 1993, c. 3, s. 35; 1996, c. 25, s. 26; 2001, c. 35, s. 26; 2002, c. 37, s. 16.
68. No building permit, subdivision permit, certificate of authorization or certificate of occupancy may be issued pursuant to a by-law of a municipality in respect of an activity that is prohibited or that is authorized, under any of sections 62 to 64, upon issuance of a permit or a certificate, unless in the latter case the activity was so authorized.
The provisions of an interim control by-law, adopted under the third paragraph of section 64, render inoperative any inconsistent provision of a by-law of a municipality adopted under subparagraphs 3, 4 and 5 of the second paragraph of section 113.
In addition, where a notice of motion has been given in relation to an interim control by-law referred to in the second paragraph, no construction plan may be approved and no permit or certificate may be issued or granted for the carrying out of work or the use of an immovable which, if the by-law that is the subject of the notice of motion comes into force, will be prohibited in the agricultural zone concerned.
The third paragraph ceases to apply on the date occurring four months after the filing of the notice of motion or according to the time indicated, where applicable, by the Minister in a notice issued in accordance with section 65.
1979, c. 51, s. 68; 1982, c. 2, s. 63; 1993, c. 3, s. 35; 1996, c. 25, s. 26; 2001, c. 35, s. 26.
68. No building permit, subdivision permit, certificate of authorization or certificate of occupancy may be issued pursuant to a by-law of a municipality in respect of an activity that is prohibited or that is authorized, under any of sections 62 to 64, upon issuance of a permit or a certificate, unless in the latter case the activity was so authorized.
1979, c. 51, s. 68; 1982, c. 2, s. 63; 1993, c. 3, s. 35; 1996, c. 25, s. 26.
68. Subject to sections 69 to 71.2, an interim control by-law comes into force 90 days after being received by the Minister. However, if the Minister has indicated in writing that he does not intend to disallow the by-law, it comes into force on the date when the Minister transmits the writing to the regional county municipality or on the later date indicated by him in the writing. One or the other date must be later than 45 days after receipt of the by-law by the Minister and earlier than 90 days following that receipt.
Notice of the coming into force of the by-law shall be published by the regional county municipality in a newspaper circulated in its territory.
1979, c. 51, s. 68; 1982, c. 2, s. 63; 1993, c. 3, s. 35.
68. Subject to sections 69 to 71.2, an interim control by-law comes into force ninety days after being received by the Minister. However, if the Minister has indicated in writing that he does not intend to disallow the by-law, it comes into force on the date when the Minister transmits the writing to the regional county municipality or on the later date indicated by him in the writing. One or the other date must be later than forty-five days after receipt of the by-law by the Minister and earlier than ninety days following that receipt.
Notice of the coming into force of the by-law shall be published by the regional county municipality in a newspaper circulated in its territory.
A copy of the by-law, together with a notice of its coming into force, shall also be sent by the regional county municipality to the Minister of Energy and Resources for the purposes of the cadastre.
1979, c. 51, s. 68; 1982, c. 2, s. 63.
68. Subject to sections 69 to 71, an interim control by-law comes into force ninety days after its adoption, or on an earlier date which must not be earlier than forty-five days after the adoption of the by-law if the Minister has indicated in writing that he does not intend to disallow the by-law.
Notice of the coming into force of the by-law shall be published in a newspaper circulated in the territory of the regional county municipality, and in the Gazette officielle du Québec.
A copy of the by-law, together with a notice of its coming into force, shall also be sent to the Minister of Energy and Resources for the purposes of the cadastre.
1979, c. 51, s. 68.
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