A-19.1 - Act respecting land use planning and development

Section 75.11 Disposition versions

2023-06-01

75.11. Before giving an opinion under any of sections 51, 53.7, 56.4, 56.14 and 65 to a regional county municipality in whose territory a commission has jurisdiction, the Minister shall request that the commission and the other regional county municipality in whose territory the commission has jurisdiction to give an opinion on the document submitted to the Minister.

The opinions of the commission and the other regional county municipality must be received by the Minister, respectively, within 45 or 60 days after they were requested, depending on whether the ministerial opinion is applied for under section 51, 53.7 or 65, or under section 56.4 or 56.14.

Aside from inconsistency with government policy directions referred to in the sections mentioned in the first paragraph, an objection or disapproval expressed by the Minister under any of those sections may be based on problems raised in the opinion of the commission or the other regional county municipality. For the purposes of the provisions that concern the process of amendment or revision of the RCM plan or an interim control by-law related to that process and that refer to consistency or inconsistency with government policy directions, that reference also includes the solution or lack of a solution offered to the problems raised in the opinion of the Minister based on the opinion of the commission or the other regional county municipality.

The first three paragraphs do not apply when the Minister gives an opinion

(1)  under section 53.7 in respect of a replacement by-law referred to in the second paragraph of section 53.8;

(2)  under section 53.7 if the proposed amendment to the RCM plan arises from the application of section 53.12 or 53.13;

(3)  under section 56.14 in respect of a revised replacement RCM plan adopted pursuant to a request by the Minister under the third paragraph of that section; or

(4)  under section 65 in respect of a replacement interim control by-law adopted pursuant to a request by the Minister under the second paragraph of that section.

2001, c. 25, s. 1; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 45; 2023, c. 12, s. 38.

2010-06-02

75.11. Before giving an opinion under any of sections 51, 53.7, 56.4, 56.14 and 65 to a regional county municipality in whose territory a commission has jurisdiction, the Minister shall request that the commission and the other regional county municipality in whose territory the commission has jurisdiction to give an opinion on the document submitted to the Minister.

The opinions of the commission and the other regional county municipality must be received by the Minister, respectively, within 45 or 60 days after they were requested, depending on whether the ministerial opinion is applied for under section 51, 53.7 or 65, or under section 56.4 or 56.14.

Aside from inconsistency with government policy directions referred to in the sections mentioned in the first paragraph, an objection or disapproval expressed by the Minister under any of those sections may be based on problems raised in the opinion of the commission or the other regional county municipality. For the purposes of the provisions that concern the process of amendment or revision of the RCM plan or an interim control by-law related to that process and that refer to consistency or inconsistency with government policy directions, that reference also includes the solution or lack of a solution offered to the problems raised in the opinion of the Minister based on the opinion of the commission or the other regional county municipality.

The first three paragraphs do not apply when the Minister gives an opinion

(1)  under section 53.7 in respect of a replacement by-law referred to in the second paragraph of section 53.8;

(2)  under section 53.7 if the proposed amendment to the RCM plan arises from the application of any of sections 53.12 to 53.14;

(3)  under section 56.14 in respect of a revised replacement RCM plan adopted pursuant to a request by the Minister under the third paragraph of that section; or

(4)  under section 65 in respect of a replacement interim control by-law adopted pursuant to a request by the Minister under the second paragraph of that section.

2001, c. 25, s. 1; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 10, s. 45.

2009-06-17

75.11. The Minister of Municipal Affairs, Regions and Land Occupancy shall, before giving an opinion pursuant to any of sections 51, 53, 53.7, 56.4, 56.14 and 65 to a regional county municipality in whose territory a commission has jurisdiction, consult with the other regional county municipality in whose territory the commission also has jurisdiction.

The Minister shall also, before giving such an opinion, consult the commission.

In addition to reasons relating to the government aims or guidelines referred to in those sections, an objection or disapproval expressed by the Minister under any of those sections may be based on the opinion of the regional county municipality or on the opinion of the commission.

2001, c. 25, s. 1; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

2005-06-17

75.11. The Minister of Municipal Affairs and Regions shall, before giving an opinion pursuant to any of sections 51, 53, 53.7, 56.4, 56.14 and 65 to a regional county municipality in whose territory a commission has jurisdiction, consult with the other regional county municipality in whose territory the commission also has jurisdiction.

The Minister shall also, before giving such an opinion, consult the commission.

In addition to reasons relating to the government aims or guidelines referred to in those sections, an objection or disapproval expressed by the Minister under any of those sections may be based on the opinion of the regional county municipality or on the opinion of the commission.

2001, c. 25, s. 1; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

2003-12-18

75.11. The Minister of Municipal Affairs, Sports and Recreation shall, before giving an opinion pursuant to any of sections 51, 53, 53.7, 56.4, 56.14 and 65 to a regional county municipality in whose territory a commission has jurisdiction, consult with the other regional county municipality in whose territory the commission also has jurisdiction.

The Minister shall also, before giving such an opinion, consult the commission.

In addition to reasons relating to the government aims or guidelines referred to in those sections, an objection or disapproval expressed by the Minister under any of those sections may be based on the opinion of the regional county municipality or on the opinion of the commission.

2001, c. 25, s. 1; 2003, c. 19, s. 250.

2001-06-21

75.11. The Minister of Municipal Affairs and Greater Montréal shall, before giving an opinion pursuant to any of sections 51, 53, 53.7, 56.4, 56.14 and 65 to a regional county municipality in whose territory a commission has jurisdiction, consult with the other regional county municipality in whose territory the commission also has jurisdiction.

The Minister shall also, before giving such an opinion, consult the commission.

In addition to reasons relating to the government aims or guidelines referred to in those sections, an objection or disapproval expressed by the Minister under any of those sections may be based on the opinion of the regional county municipality or on the opinion of the commission.

2001, c. 25, s. 1.