40. If the council of the municipality where the territory which it is proposed to annex is located disapproves the by-law or makes no decision respecting it within thirty days after the date when the clerk or secretary-treasurer received it, the council of the municipality seeking the annexation may deem the by-law approved, as if it had been approved under section 38, if it is requested to do so within the ensuing thirty days by a petition signed by two-thirds of all the persons concerned.
For the purposes of the first paragraph, a person concerned is any person who would be a qualified voter entitled to have his name entered on the referendum list of the territory proposed for annexation if the reference date, within the meaning of the Act respecting elections and referendums in municipalities (chapter E-2.2), were the date on which the council of the municipality which includes the proposed territory disapproves the by-law or the date on which the prescribed time to disapprove it expires, as the case may be.
The council of the municipality which has deemed the by-law approved shall forthwith so notify the council of the other municipality and send a copy of the petition to it.
R. S. 1964, c. 193, s. 37; 1968, c. 55, s. 14; 1969, c. 55, s. 2; 1987, c. 57, s. 695.