C-19 - Cities and Towns Act

Section 417 Disposition versions

1996-05-08

417. (Repealed).

1977, c. 52, s. 14; 1979, c. 36, s. 81; 1996, c. 2, s. 156.

1979-06-22

417. (1)  The council may, by by-law:

(a)  prescribe the minimum area and the minimum dimensions of lots where lots are divided or subdivided, taking into account the nature of the soil, the proximity of public works, or the presence, or as the case may be, the absence of septic installations or of water and sanitary sewer services;

(b)  define and delimit zones and for each zone regulate or prohibit division, subdivision, construction or certain works, taking into account the location of the landsite, the proximity of a watercourse or a lake, the danger of flood, rock-fall, landslide or other disasters; any prohibition made under this paragraph may be total or contemplate certain classes only of immoveables determined by the by-law;

(c)  regulate the location and installation of mobile homes and trailers;

(d)  determine the land uses and the operations that are regulated under this section and for which a permit is required and fix the duties exigible by the municipality for the issue of such a permit.

(2)  The Minister of Municipal Affairs may order a municipality to adopt a by-law regulating one or another of the objects contemplated in subsection 1. Such order become effective from the date of its publication in the Gazette officielle du Québec.

The by-law adopted pursuant to the order provided for in this subsection comes into force only after its approval, with or without amendment, by the Minister of Municipal Affairs and subject to the other provisions of the act.

If the municipality fails to adopt the prescribed by-law or to transmit it to the Minister of Municipal Affairs within twelve months of his ordering it, he himself may prescribe the provisions necessary for the carrying out of such order. The Minister shall cause his decision to be published in accordance with section 362, mutatismutandis, and, in that case, such decision shall have the same effect, in every respect, as if it had been rendered by the council of the municipality under a by-law requiring and having received the approval of the Minister of Municipal Affairs.

(3)  The Minister of Municipal Affairs may exercise the powers conferred on him by subsection 2 even in respect of a municipality in the territory of which a by-law has been adopted or promulgated under this section.

1977, c. 52, s. 14; 1979, c. 36, s. 81.

1977-12-31

417. (1)  The council may, by by-law:

(a)  prescribe the minimum area and the minimum dimensions of lots where lots are divided or subdivided, taking into account the nature of the soil, the proximity of public works, or the presence, or as the case may be, the absence of septic installations or of water and sanitary sewer services;

(b)  regulate or prohibit division, subdivision, construction or certain works, taking into account the location of the landsite, the proximity of a watercourse or a lake, the danger of flood, rock-fall, landslide or other disasters; any prohibition made under this paragraph may be total or contemplate certain classes only of immoveables determined by the by-law;

(c)  regulate the location and installation of mobile homes and trailers;

(d)  determine the land uses and the operations that are regulated under this section and for which a permit is required and fix the duties exigible by the municipality for the issue of such a permit.

(2)  The Minister of Municipal Affairs may order a municipality to adopt a by-law regulating one or another of the objects contemplated in subsection 1. Such order become effective from the date of its publication in the Gazette officielle du Québec.

The by-law adopted pursuant to the order provided for in this subsection comes into force only after its approval, with or without amendment, by the Minister of Municipal Affairs and subject to the other provisions of the act.

If the municipality fails to adopt the prescribed by-law or to transmit it to the Minister of Municipal Affairs within twelve months of his ordering it, he himself may prescribe the provisions necessary for the carrying out of such order. The Minister shall cause his decision to be published in accordance with section 362, mutatismutandis, and, in that case, such decision shall have the same effect, in every respect, as if it had been rendered by the council of the municipality under a by-law requiring and having received the approval of the Minister of Municipal Affairs.

(3)  The Minister of Municipal Affairs may exercise the powers conferred on him by subsection 2 even in respect of a municipality in the territory of which a by-law has been adopted or promulgated under this section.

1977, c. 52, s. 14.