No obligation of local compliance to the urban plan when a municipality occasionnally modifies its urban planning by-laws
- Posted by Me Camille Ingarao
In Merulla v. Ville de Pointe-Claire, 2023 QCCA 954, concerning the validity of the City of Pointe-Claire’s zoning by-law, the Quebec Court of Appeal confirmed last month that a municipality’s zoning by-law does not have to comply with its urban plan when the amendment is initiated by the municipality (par. 39 and 40).
The cases in which there is an obligation of local compliance (i.e., with the urban plan) are specified in sections 59.5, 102, 110.4, 110.5 and 110.10.1 of the Act respecting land use planning and development (RLRQ c. A-19.1). In such cases, a municipality’s qualified voters may ask the Commission municipale du Québec (CMQ) to rule on the by-law’s compliance with the urban plan (section 137.11 of the Act respecting land use planning and development), which may delay the by-law adoption procedure.
On the other hand, in order for an urban planning by-law to come into force, regional compliance with the Schéma (and, by extension, compliance with government orientations incorporated into the Schéma) must be respected (sections 137.1 to 137.8 of the Act respecting land use planning and development). In addition, by-laws subject to referendum approval, such as by-laws modifying uses, must be approved by those eligible to vote, a procedure that may lead to a referendum vote (sections 123 and 130 of the Act respecting land use planning and development).
If you have any questions about urban planning and land development, do not hesitate to contact Beauregard avocats.