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E-2.1 - Act respecting elections in certain municipalities

Section 13
Disposition versions

Full text
13. Should the municipality fail to pass the by-law referred to in section 3 within the prescribed time or to amend it within the time fixed by the Commission under section 8, the Commission shall divide the municipality into electoral districts.
Should the municipality, having passed such a by-law, fail to put it into force within the prescribed time, the Commission shall divide the municipality into electoral districts or put the by-law passed by the municipality into force.
The Commission shall transmit to the municipality a certified true copy of the decision dividing it into electoral districts or put into force the by-law of the municipality, as the case may be.
The Commission shall publish in a newspaper circulated in the municipality a notice stating the object of the decision dividing the municipality into electoral districts, or of the by-law of the municipality, as the case may be; the notice must indicate the date on which the decision was rendered or the by-law was passed, and where it may be examined.
The division into electoral districts made by the Commission or the by-law of the municipality comes into force on the day of the publication referred to in the fourth paragraph, notwithstanding section 4. That publication is in lieu of the approval provided for under section 11. The division into electoral districts made by the Commission or the by-law put into force by it has the same effect as a by-law passed and put into force.
The council of the municipality may pass the by-law, or amend it to take account of the recommendations referred to in section 8, even after the time prescribed to do so has expired, as long as a division into electoral districts made by the Commission has not come into force. It may put the by-law it has passed into force, even after the time prescribed to do so has expired, as long as the Commission has not acted in its place and stead or as long as a division into electoral districts made by the Commission has not come into force.
Where the division of a municipality into electoral districts is made by the Commission, the costs related to the division are at the charge of the municipality.
1978, c. 63, s. 13; 1979, c. 39, s. 7; 1980, c. 16, s. 12; 1982, c. 54, s. 40; 1983, c. 57, s. 108.
13. Should the municipality fail to pass the by-law referred to in section 3 within the prescribed time or to amend it within the time fixed by the Commission under section 8, the Commission shall divide the municipality into electoral districts.
Should the municipality, having passed such a by-law, fail to put it into force within the prescribed time, the Commission shall divide the municipality into electoral districts or put the by-law passed by the municipality into force.
The Commission shall transmit to the municipality a certified true copy of the decision dividing it into electoral districts or put into force the by-law of the municipality, as the case may be.
The Commission shall publish in a newspaper circulated in the municipality a notice stating the object of the decision dividing the municipality into electoral districts, or of the by-law of the municipality, as the case may be; the notice must indicate the date on which the decision was rendered or the by-law was passed, and where it may be examined.
The division into electoral districts made by the Commission or the by-law of the municipality comes into force on the day of the publication referred to in the fourth paragraph, notwithstanding section 4. That publication is in lieu of the approval provided for under section 11. The division into electoral districts made by the Commission or the by-law put into force by it has the same effect as a by-law passed and put into force.
The council of the municipality may pass the by-law, or amend it to take account of the recommendations referred to in section 8, even after the time prescribed to do so has expired, as long as a division into electoral districts made by the Commission has not come into force. It may put the by-law it has passed into force, even after the time prescribed to do so has expired, as long as the Commission has not acted in its place and stead or as long as a division into electoral districts made by the Commission has not come into force.
1978, c. 63, s. 13; 1979, c. 39, s. 7; 1980, c. 16, s. 12; 1982, c. 54, s. 40.
13. Should the municipality fail to pass the by-law referred to in section 3 within the prescribed time or to amend it within the time fixed by the director general for representation under section 8, the director shall divide the municipality into electoral districts.
Should the municipality, having passed such a by-law, fail to put it into force within the prescribed time, the director shall divide the municipality into electoral districts or put the by-law passed by the municipality into force.
The director shall transmit to the municipality a certified true copy of the decision dividing it into electoral districts or put into force the by-law of the municipality, as the case may be.
The director shall publish in a newspaper circulated in the municipality a notice stating the object of the decision dividing the municipality into electoral districts, or of the by-law of the municipality, as the case may be; the notice must indicate the date on which the decision was rendered or the by-law was passed, and where it may be examined.
The division into electoral districts made by the director or the by-law of the municipality comes into force on the day of the publication referred to in the fourth paragraph, notwithstanding section 4. That publication is in lieu of the approval provided for under section 11. The division into electoral districts made by the director or the by-law put into force by him has the same effect as a by-law passed and put into force
The council of the municipality may pass the by-law, or amend it to take account of the recommendations referred to in section 8, even after the time prescribed to do so has expired, as long as a division into electoral districts made by the director has not come into force. It may put the by-law it has passed into force, even after the time prescribed to do so has expired, as long as the director has not acted in its place and stead or as long as a division into electoral districts made by the director has not come into force.
1978, c. 63, s. 13; 1979, c. 39, s. 7; 1980, c. 16, s. 12.
13. (1)  Should the municipality fail to pass, before the intended date, a by-law in accordance with section 3 and the recommendations contemplated in section 8, the Commission must divide the municipality into electoral districts and transmit a copy of its decision to the municipality. Futhermore, should the municipality, having passed such a by-law, fail to put it into force before the intended date, the Commission must either
(a)  divide the municipality into electoral districts and transmit a copy of its decision to the municipality, or
(b)  put the by-law passed by the municipality into force.
In such cases, sections 4 to 8 do not apply and, where required, the approval provided for in the third paragraph of section 11 is deemed to have been received.
The Commission shall cause to be published, in a newspaper circulated in the municipality, a notice mentioning the object of the decision or of the by-law, the date of its passing and the place where it may be examined. Such decision or by-law comes into force on the date of such publication.
The decision of the Commission has the same effect as if it had been adopted by the council of the municipality.
(2)  However, the council of the municipality may pass the by-law, put it into force and transmit it to the Commission, even after the date fixed by section 3, as long as the decision of the Commission or the by-law of the municipality has not come into force under this section.
1978, c. 63, s. 13; 1979, c. 39, s. 7.
13. (1)  Should the municipality fail to pass or to put into force the by-law contemplated in section 3 before the prescribed date, the Commission must, as the case may be, divide the municipality into electoral districts and transmit a copy of its decision to the municipality, or put into force the by-law of the municipality in conformity with this section. In such a case, sections 4 to 8 do not apply and, as the case may be, the approval provided for by the third paragraph of section 11 is deemed to have been given.
The Commission shall cause to be published, in a newspaper circulated in the municipality, a notice mentioning the object of the decision or of the by-law, the date of its passing and the place where it may be examined. Such decision or by-law comes into force on the date of such publication.
The decision of the Commission has the same effect as if it had been adopted by the council of the municipality.
(2)  However, the council of the municipality may pass the by-law, put it into force and transmit it to the Commission, even after the date fixed by section 3, as long as the decision of the Commission or the by-law of the municipality has not come into force under this section.
1978, c. 63, s. 13.
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