O-9 - Act respecting municipal territorial organization

Full text
108. The order constituting the local municipality resulting from the amalgamation must contain
(1)  the name of the municipality;
(2)  the description of the territory of the municipality prepared by the Minister of Natural Resources and Wildlife;
(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C‐27.1) or by the Cities and Towns Act (chapter C‐19);
(4)  any special legislative provisions applicable to either municipality before the amalgamation which apply to the municipality resulting from the amalgamation, where that is the case;
(5)  the composition of the provisional council which is empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;
(5.1)  the place of the first sitting of the provisional council;
(5.2)  the name of the person who is the first clerk or secretary-treasurer of the municipality;
(6)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;
(7)  the date of the first general election and the calendar year in which the second general election will be held;
(8)  the name of the regional county municipality in which the municipality resulting from the amalgamation is situated.
The appointment made under subparagraph 5.2 of the first paragraph has the same effect as an appointment by the council of the municipality.
The order may, in addition to the conditions stated in section 86.1, set out any condition applicable to the amalgamation pertaining in particular to
(1)  the creation, for municipal administration purposes, of one or more boroughs, the creation and composition of the council responsible for the administration of a borough, the determination of the number of members on the council of each borough or of a formula to establish that number, which may be different in each borough, the procedure to be used to designate the chair of a borough council, the remuneration of the chair and other council members, the participation of the latter in the pension plan of elected municipal officers and the mode of financing of the council;
(2)  the division of the territory of the municipality into electoral districts for the purposes of all general elections subsequent to the first, the election of the council of the municipality and, if applicable, of a borough;
(3)  the division of the territory into wards or the possibility for the municipality of dividing its territory into wards and, if applicable, the composition, functioning and powers of a ward council;
(4)  the creation, composition, functioning and powers of an executive committee;
(5)  the sharing of the powers granted by an Act to the municipality between the council of the municipality and any borough council;
(6)  rules relating to labour relations, in particular as regards the sharing of powers and responsibilities in respect of officers and employees between the council of the municipality and any borough council; and
(7)  in the case of a municipality resulting from the amalgamation of all the municipal territories in the territory of a given regional county municipality, rules enabling the municipality to succeed to the rights and obligations of the regional county municipality, the officers and employees of the regional county municipality to be governed by section 122 and the municipality to be considered as a regional county municipality for the purposes of certain legislative provisions.
1988, c. 19, s. 108; 1993, c. 65, s. 30; 1994, c. 13, s. 15; 1997, c. 93, s. 133; 2000, c. 56, s. 171; 2003, c. 8, s. 6; 2003, c. 14, s. 164; 2006, c. 3, s. 35.
108. The order constituting the local municipality resulting from the amalgamation must contain
(1)  the name of the municipality;
(2)  the description of the territory of the municipality prepared by the Minister of Natural Resources, Wildlife and Parks;
(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C‐27.1) or by the Cities and Towns Act (chapter C‐19);
(4)  any special legislative provisions applicable to either municipality before the amalgamation which apply to the municipality resulting from the amalgamation, where that is the case;
(5)  the composition of the provisional council which is empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;
(5.1)  the place of the first sitting of the provisional council;
(5.2)  the name of the person who is the first clerk or secretary-treasurer of the municipality;
(6)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;
(7)  the date of the first general election and the calendar year in which the second general election will be held;
(8)  the name of the regional county municipality in which the municipality resulting from the amalgamation is situated.
The appointment made under subparagraph 5.2 of the first paragraph has the same effect as an appointment by the council of the municipality.
The order may, in addition to the conditions stated in section 86.1, set out any condition applicable to the amalgamation pertaining in particular to
(1)  the creation, for municipal administration purposes, of one or more boroughs, the creation and composition of the council responsible for the administration of a borough, the determination of the number of members on the council of each borough or of a formula to establish that number, which may be different in each borough, the procedure to be used to designate the chair of a borough council, the remuneration of the chair and other council members, the participation of the latter in the pension plan of elected municipal officers and the mode of financing of the council;
(2)  the division of the territory of the municipality into electoral districts for the purposes of all general elections subsequent to the first, the election of the council of the municipality and, if applicable, of a borough;
(3)  the division of the territory into wards or the possibility for the municipality of dividing its territory into wards and, if applicable, the composition, functioning and powers of a ward council;
(4)  the creation, composition, functioning and powers of an executive committee;
(5)  the sharing of the powers granted by an Act to the municipality between the council of the municipality and any borough council;
(6)  rules relating to labour relations, in particular as regards the sharing of powers and responsibilities in respect of officers and employees between the council of the municipality and any borough council; and
(7)  in the case of a municipality resulting from the amalgamation of all the municipal territories in the territory of a given regional county municipality, rules enabling the municipality to succeed to the rights and obligations of the regional county municipality, the officers and employees of the regional county municipality to be governed by section 122 and the municipality to be considered as a regional county municipality for the purposes of certain legislative provisions.
1988, c. 19, s. 108; 1993, c. 65, s. 30; 1994, c. 13, s. 15; 1997, c. 93, s. 133; 2000, c. 56, s. 171; 2003, c. 8, s. 6; 2003, c. 14, s. 164.
108. The order constituting the local municipality resulting from the amalgamation must contain
(1)  the name of the municipality;
(2)  the description of the territory of the municipality prepared by the Minister of Natural Resources, Wildlife and Parks;
(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C‐27.1) or by the Cities and Towns Act (chapter C‐19);
(4)  any special legislative provisions applicable to either municipality before the amalgamation which apply to the municipality resulting from the amalgamation, where that is the case;
(5)  the composition of the provisional council which is empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;
(5.1)  the place of the first sitting of the provisional council;
(5.2)  the name of the person who is the first clerk or secretary-treasurer of the municipality;
(6)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;
(7)  the date of the first general election and the calendar year in which the second general election will be held;
(8)  the name of the regional county municipality in which the municipality resulting from the amalgamation is situated.
The appointment made under subparagraph 5.2 of the first paragraph has the same effect as an appointment by the council of the municipality.
The order may set out any condition applicable to the amalgamation.
1988, c. 19, s. 108; 1993, c. 65, s. 30; 1994, c. 13, s. 15; 1997, c. 93, s. 133; 2000, c. 56, s. 171; 2003, c. 8, s. 6.
108. The order constituting the local municipality resulting from the amalgamation must contain
(1)  the name of the municipality;
(2)  the description of the territory of the municipality prepared by the Minister of Natural Resources;
(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C-27.1) or by the Cities and Towns Act (chapter C-19);
(4)  any special legislative provisions applicable to either municipality before the amalgamation which apply to the municipality resulting from the amalgamation, where that is the case;
(5)  the composition of the provisional council which is empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;
(5.1)  the place of the first sitting of the provisional council;
(5.2)  the name of the person who is the first clerk or secretary-treasurer of the municipality;
(6)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;
(7)  the date of the first general election and the calendar year in which the second general election will be held;
(8)  the name of the regional county municipality in which the municipality resulting from the amalgamation is situated.
The appointment made under subparagraph 5.2 of the first paragraph has the same effect as an appointment by the council of the municipality.
The order may set out any condition applicable to the amalgamation.
1988, c. 19, s. 108; 1993, c. 65, s. 30; 1994, c. 13, s. 15; 1997, c. 93, s. 133; 2000, c. 56, s. 171.
108. The order constituting the local municipality resulting from the amalgamation must contain
(1)  the name of the municipality;
(2)  the description of the territory of the municipality prepared by the Minister of Natural Resources;
(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C-27.1), by the Cities and Towns Act (chapter C-19), by the Charter of the city of Montréal (1959-60), chapter 102) or by the Charter of the city of Québec (1929, chapter 95);
(4)  any special legislative provisions applicable to either municipality before the amalgamation which apply to the municipality resulting from the amalgamation, where that is the case;
(5)  the composition of the provisional council which is empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;
(5.1)  the place of the first sitting of the provisional council;
(5.2)  the name of the person who is the first clerk or secretary-treasurer of the municipality;
(6)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;
(7)  the date of the first general election and the calendar year in which the second general election will be held;
(8)  the name of the regional county municipality in which the municipality resulting from the amalgamation is situated.
The appointment made under subparagraph 5.2 of the first paragraph has the same effect as an appointment by the council of the municipality.
The order may set out any condition applicable to the amalgamation.
1988, c. 19, s. 108; 1993, c. 65, s. 30; 1994, c. 13, s. 15; 1997, c. 93, s. 133.
108. The order constituting the local municipality resulting from the amalgamation must contain
(1)  the name of the municipality;
(2)  the description of the territory of the municipality prepared by the Minister of Natural Resources;
(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C-27.1), by the Cities and Towns Act (chapter C-19), by the Charter of the city of Montréal (1959-60), chapter 102) or by the Charter of the city of Québec (1929, chapter 95);
(4)  any special legislative provisions applicable to either municipality before the amalgamation which apply to the municipality resulting from the amalgamation, where that is the case;
(5)  the composition of the provisional council which is empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;
(6)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;
(7)  the date of the first general election and the calendar year in which the second general election will be held;
(8)  the name of the regional county municipality in which the municipality resulting from the amalgamation is situated.
The order may set out any condition applicable to the amalgamation.
1988, c. 19, s. 108; 1993, c. 65, s. 30; 1994, c. 13, s. 15.
108. The order constituting the local municipality resulting from the amalgamation must contain
(1)  the name of the municipality;
(2)  the description of the territory of the municipality prepared by the Minister of Energy and Resources;
(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C-27.1), by the Cities and Towns Act (chapter C-19), by the Charter of the city of Montréal (1959-60), chapter 102) or by the Charter of the city of Québec (1929, chapter 95);
(4)  any special legislative provisions applicable to either municipality before the amalgamation which apply to the municipality resulting from the amalgamation, where that is the case;
(5)  the composition of the provisional council which is empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;
(6)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;
(7)  the date of the first general election and the calendar year in which the second general election will be held;
(8)  the name of the regional county municipality in which the municipality resulting from the amalgamation is situated.
The order may set out any condition applicable to the amalgamation.
1988, c. 19, s. 108; 1993, c. 65, s. 30.
108. The Government may, by an order reproducing the text of the application, with or without amendments, constitute the municipality resulting from the amalgamation into a local municipality.
Where the territories of the applicant municipalities are situated within that of more than one regional county municipality, the order shall specify the name of the regional county municipality in which the territory of the municipality is situated.
1988, c. 19, s. 108.