Public participation | New alternative to referendum approval

Passage of a bill

The adoption of Bill 122 in 2017 amended the Act respecting land use planning and development (LAU) by adding Chapter II.2, “Public participation”. This amendment to the Act aims to enable an alternative to the referendum process through the adoption of a public participation policy. The aim of this policy is to enable citizens to contribute to the decision-making process with a less negative capacity for influence. The adoption of such a policy replaces the traditional referendum procedure in urban planning, and also applies to several other approval procedures.

An application framework

The Règlement sur la participation publique en matière d’aménagement et d’urbanisme is the implementing regulation for the new chapter of the LAU that was adopted in July 2018. This specifies the minimum guidelines for this approach, particularly with regard to information, consultation, active participation and feedback measures. It also specifies that a public participation policy “determines the acts subject to a public participation approach”, but must minimally include:

• adoption or revision of an urban plan;
• the adoption or revision of a specific urban planning program;
• amendments to zoning, subdivision or conditional-use bylaws, subject to referendum approval;
• authorization for a specific construction, alteration or occupancy project (PPCMOI) that deviates from a provision of the zoning by-law, subject to referendum approval.

The by-law leaves a great deal of flexibility to municipalities, with the exception of minimum measures. It is recommended, however, that more be done in order to establish a genuine participatory urban planning process that is both credible and satisfying for citizens.

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