O-9 - Act respecting municipal territorial organization

Section 125.27 Disposition versions

2003-12-18

125.27. (Repealed).

2001, c. 25, s. 143; 2002, c. 37, s. 244; 2003, c. 19, s. 250; 2003, c. 14, s. 167.

2002-06-14

125.27. Every constituting order made to amalgamate the territories of all or any part of the municipalities that have received a notice under section 125.2, to amalgamate all or any part of the territories of the municipalities that have filed, pursuant to section 125.31, a joint application for amalgamation concerning one of the matters referred to in this section, or to amalgamate all or any part of the territories of the municipalities in respect of which the Commission has made a positive recommendation in relation to the amalgamation, may contain, in relation to the constitution, powers and fields of jurisdiction of the new municipality and the transition between the existing administrations and the new municipality, and in addition to the particulars required under section 108 and the conditions that may be prescribed under that section, insofar as they are not inconsistent with a rule set out in this division, any provision relating to the following matters:

(1)  the composition of the council of the new municipality;

(2)  the rules that apply to the division of the territory of the municipality into wards or to the possibility for the municipality of dividing its territory into wards, and the composition, functioning and responsibilities of a ward council;

(3)  the creation within the territory of the municipality of boroughs for municipal administration purposes;

(4)  the creation and composition of any council responsible for the administration of a borough, the determination of the number of members of the council of each borough or of a formula to establish that number, and the procedure to be used to choose the chair of a borough council;

(5)  any special application of the Act respecting elections and referendums in municipalities (chapter E-2.2) to the municipality, in particular as regards the division of its territory for election purposes, the election of the members of the council of the municipality or, as the case may be, of the borough, the determination of elector qualifications and of eligibility for office as a member of the council of the municipality or, as the case may be, as a member of a borough council, and the rules governing municipal political parties, independent candidates and the control of election expenses;

(6)  any special application of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) and the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) to the municipality, in particular as regards the remuneration of the chair and the borough councillors and the participation of the latter in the pension plan of elected municipal officers;

(7)  the composition, functioning, powers and jurisdiction of the executive committee of the municipality;

(8)  the rules that apply to the sharing of the powers and jurisdiction granted by an Act to the municipality between the council of the municipality and any borough council;

(9)  the granting of jurisdiction, in the fields determined by the order, to the municipality and the sharing of the jurisdiction, where applicable, between the council of the municipality and the borough council;

(10)  the mode of financing of a borough;

(11)  any rule relating to labour relations, in particular as regards the sharing of the powers and responsibilities in respect of officers and employees between the council of the municipality and any borough council, and any special application of sections 125.13 to 125.26 or sections 176.1 to 176.30;

(12)  any special financial or fiscal provision, in particular as regards the apportionment of the debts and surpluses of the former municipalities from which the municipality was formed, the approval of the loans of the municipality, and the limits on the tax variation in respect of a unit of assessment;

(13)  the constitution of a transition committee different from the transition committee provided for in section 125.12, its composition, functioning, powers, in particular as regards contract and material resources management, its responsibilities and mode of financing and the rules that apply to the payment of the expenses arising from the committee’s mandate; any rule that applies to the exercise of its power to borrow; the term of office of the transition committee and the power of the Minister of Municipal Affairs and Greater Montréal to extend that term for any period the Minister determines; any rule that applies to the powers of the transition committee to require any information, report or document from a municipality or a municipal or supramunicipal body affected by the amalgamation or any rule that applies to the use by the transition committee of the services of any officer or any employee of such a municipality or such a body and any rule that applies to the obligations of such a municipality or such a body and its officers and employees with respect to the transition committee ; the power of that Minister to issue any directive to the transition committee with respect to the information to be provided to the citizens of the municipalities affected by the amalgamation;

(14)  the date, which may be prior to the date of constitution of the municipality, of the first general election of the council of the municipality and the rules enabling the election to be conducted; the powers that the city council, the borough council, the mayor of the city or the executive committee of the city may exercise before the constitution of the city and the time as of which they may exercise those powers;

(15)  any rule establishing the maintenance of certain rights, in particular as regards remuneration and severance allowances within the meaning of the Act respecting the remuneration of elected municipal officers and participation in the pension plan of elected municipal officers established under the Act respecting the Pension Plan of Elected Municipal Officers, in respect of elected municipal officers whose term is shortened by the amalgamation and who do not become members of the council of the new municipality, and any rule relating to the allocation of the payment of expenses arising from the maintenance of those rights;

(16)  any rule enabling, where applicable, the municipality to succeed to the rights and obligations of a regional county municipality and enabling the officers and employees of a regional county municipality to be governed by section 122 and any rule enabling the municipality to be considered as a regional county municipality for the purposes of any Act and providing for the modifications necessary for that purpose;

(17)  any rule relating to the inclusion within the new municipality of any part of the adjacent territory of another local municipality that is not a party to the amalgamation or of any part of an adjacent unorganized territory, and any rule relating to the inclusion within a local municipality that is not a party to the amalgamation and whose territory is adjacent to the territory of the new municipality or is situated in an adjacent unorganized territory, of any adjacent part of the territory of a local municipality that is a party to the amalgamation or of any part of an unorganized territory that forms part of the territory of the new municipality;

(18)  any rule governing relations between the new municipality and any regional county municipality part of the territory of which is transferred into the territory of the new municipality, in particular as regards the apportionment of assets and liabilities, and any rule prescribing the effects of the by-laws, resolutions and other acts of the regional county municipality in respect of the territory transferred into the territory of the new municipality;

(19)  any rule specifying the effects of the amalgamation on the commitments made by a municipality that is a party to the amalgamation in respect of a municipality that is or is not a party to the amalgamation;

(20)  the obligation for any municipality, supramunicipal body or any body of the municipality or the supramunicipal body to obtain the authorization of the Minister of Municipal Affairs and Greater Montréal to alienate property the value of which exceeds the value prescribed in the order;

(21)  the power of the transition committee to enter into any agreement with a municipality to give effect to any provision made under such paragraphs 12, 16, 17 and 18.

If no agreement under subparagraph 21 of the first paragraph is entered into within the time fixed by the order, the Government may make an order to remedy such failure.

2001, c. 25, s. 143; 2002, c. 37, s. 244.

2001-06-21

125.27. Every constituting order made to amalgamate the territories of all or any part of the municipalities that have received a notice under section 125.2, to amalgamate all or any part of the territories of the municipalities that have filed, pursuant to section 125.31, a joint application for amalgamation concerning one of the matters referred to in this section, or to amalgamate all or any part of the territories of the municipalities in respect of which the Commission has made a positive recommendation in relation to the amalgamation, may contain, in relation to the constitution, powers and fields of jurisdiction of the new municipality and the transition between the existing administrations and the new municipality, and in addition to the particulars required under section 108 which are not inconsistent with a rule set out in this division, any provision relating to the following matters :

(1)  the composition of the council of the new municipality ;

(2)  the rules that apply to the division of the territory of the municipality into wards or to the possibility for the municipality of dividing its territory into wards, and the composition, functioning and responsibilities of a ward council ;

(3)  the creation within the territory of the municipality of boroughs for municipal administration purposes ;

(4)  the creation and composition of any council responsible for the administration of a borough, the determination of the number of members of the council of each borough or of a formula to establish that number, and the procedure to be used to choose the chair of a borough council ;

(5)  any special application of the Act respecting elections and referendums in municipalities (chapter E-2.2) to the municipality, in particular as regards the division of its territory for election purposes, the election of the members of the council of the municipality or, as the case may be, of the borough, the determination of elector qualifications and of eligibility for office as a member of the council of the municipality or, as the case may be, as a member of a borough council, and the rules governing municipal political parties, independent candidates and the control of election expenses ;

(6)  any special application of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) and the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) to the municipality, in particular as regards the remuneration of the chair and the borough councillors and the participation of the latter in the pension plan of elected municipal officers ;

(7)  the composition, functioning, powers and jurisdiction of the executive committee of the municipality ;

(8)  the rules that apply to the sharing of the powers and jurisdiction granted by an Act to the municipality between the council of the municipality and any borough council ;

(9)  the granting of jurisdiction, in the fields determined by the order, to the municipality and the sharing of the jurisdiction, where applicable, between the council of the municipality and the borough council ;

(10)  the mode of financing of a borough ;

(11)  any rule relating to labour relations, in particular as regards the sharing of the powers and responsibilities in respect of officers and employees between the council of the municipality and any borough council, and any special application of sections 125.13 to 125.26 or sections 176.1 to 176.30 ;

(12)  any special financial or fiscal provision, in particular as regards the apportionment of the debts and surpluses of the former municipalities from which the municipality was formed, the approval of the loans of the municipality, and the limits on the tax variation in respect of a unit of assessment ;

(13)  the constitution of a transition committee different from the transition committee provided for in section 125.12, its composition, functioning, powers, in particular as regards contract and material resources management, its responsibilities and mode of financing and the rules that apply to the payment of the expenses arising from the committee’s mandate ; any rule that applies to the exercise of its power to borrow ; the term of office of the transition committee and the power of the Minister of Municipal Affairs and Greater Montréal to extend that term for any period the Minister determines ; any rule that applies to the powers of the transition committee to require any information, report or document from a municipality or a municipal or supramunicipal body affected by the amalgamation or any rule that applies to the use by the transition committee of the services of any officer or any employee of such a municipality or such a body and any rule that applies to the obligations of such a municipality or such a body and its officers and employees with respect to the transition committee ; the power of that Minister to issue any directive to the transition committee with respect to the information to be provided to the citizens of the municipalities affected by the amalgamation ;

(14)  the date, which may be prior to the date of constitution of the municipality, of the first general election of the council of the municipality and the rules enabling the election to be conducted ; the powers that the city council, the borough council, the mayor of the city or the executive committee of the city may exercise before the constitution of the city and the time as of which they may exercise those powers ;

(15)  any rule establishing the maintenance of certain rights, in particular as regards remuneration and severance allowances within the meaning of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) and participation in the pension plan of elected municipal officers established under the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3), in respect of elected municipal officers whose term is shortened by the amalgamation and who do not become members of the council of the new municipality, and any rule relating to the allocation of the payment of expenses arising from the maintenance of those rights ;

(16)  any rule enabling, where applicable, the municipality to succeed to the rights and obligations of a regional county municipality and enabling the officers and employees of a regional county municipality to be governed by section 122 and any rule enabling the municipality to be considered as a regional county municipality for the purposes of any Act and providing for the modifications necessary for that purpose ;

(17)  any rule relating to the inclusion within the new municipality of any part of the adjacent territory of another local municipality that is not a party to the amalgamation or of any part of an adjacent unorganized territory, and any rule relating to the inclusion within a local municipality that is not a party to the amalgamation and whose territory is adjacent to the territory of the new municipality or is situated in an adjacent unorganized territory, of any adjacent part of the territory of a local municipality that is a party to the amalgamation or of any part of an unorganized territory that forms part of the territory of the new municipality ;

(18)  any rule governing relations between the new municipality and any regional county municipality part of the territory of which is transferred into the territory of the new municipality, in particular as regards the apportionment of assets and liabilities, and any rule prescribing the effects of the by-laws, resolutions and other acts of the regional county municipality in respect of the territory transferred into the territory of the new municipality ;

(19)  any rule specifying the effects of the amalgamation on the commitments made by a municipality that is a party to the amalgamation in respect of a municipality that is or is not a party to the amalgamation ;

(20)  the obligation for any municipality, supramunicipal body or any body of the municipality or the supramunicipal body to obtain the authorization of the Minister of Municipal Affairs and Greater Montréal to alienate property the value of which exceeds the value prescribed in the order ;

(21)  the power of the transition committee to enter into any agreement with a municipality to give effect to any provision made under such paragraphs 12, 16, 17 and 18.

If no agreement under subparagraph 21 of the first paragraph is entered into within the time fixed by the order, the Government may make an order to remedy such failure.

2001, c. 25, s. 143.