The deadlines for building permits and other certificates regarding urban planning continue to run

On April 22nd, 2020, the state of health emergency in Quebec was renewed a fifth time until April 29th, 2020, under Decree 478-2020. As a reminder, since March 15th, 2020, the state of health emergency has the effect of interrupting all periods of civil procedure and prescription in accordance with Order No. 2020-4251 of the Chief Justice of Quebec and of the Minister of Justice.

However, these measures have no impact on deadlines applicable for applications for building permits, certificates of occupancy or any other authorization required under applicable municipal regulations, as well as for building permits, certificates occupancy, or other authorizations already issued and currently in force. Thus, the periods for these applications and authorizations’ validity continue to run. Certain deadlines could also apply to requests and authorizations for specific projects for the construction, modification or occupancy of a building (PPCMOI), site planning and architectural integration programs (PIIA), development programs, or even minor exemptions.

For example, the regulations of the Ville-Marie borough (CA-24-224) provide that a demolition authorization certificate is expired “if the work it authorizes is not started before expiry of the deadline fixed by the committee or the council or, failing such a deadline, within 6 months of the issue of the certificate of authorization for demolition[1]. In the event that the planned demolition work has not started on time due to the exceptional circumstances caused by the pandemic, the permit holder should in particular check with the competent authority for the validity of his certificate during this period to avoid having to file a new application for a certificate of authorization and pay the fees.

The same applies to the deadlines for completing applications for building permits, certificates of occupancy or other authorizations for which the required information and documents have not been provided. An additional period of 60 days is often granted to the applicant by the competent authority.

Consequently, for any applicant or holder of a building permit, certificate of occupancy or other authorizations required under the planning regulations, it is important to remain vigilant with regard to the deadlines which continue to run and to ensure that these do not become obsolete, lapsed or null by the simple passage of time.

For any questions in municipal law and urban planning regulations, do not hesitate to contact Beauregard Avocats’s team.

 

 

[1] Section 6, Règlement sur les certificats d’autorisation et d’occupation de l’arrondissement de Ville-Marie (CA-24-224).