61. When it is established, after inquiry, that there is an obvious advantage in it, the Minister may, failing agreement among the municipalities concerned, order that a residual materials elimination facility be operated jointly by two or more municipalities, or that a municipality provide in the whole or part of the territory of another municipality, all or part of the services necessary for the elimination of residual materials, or order any other measure he deems appropriate.
On the Minister’s own initiative or at the request of a municipality concerned, the Minister may, after consultation with the parties, appoint an arbitrator to apportion the costs or set the compensation payable for the services provided. Notice of the appointment is given to each of the municipalities concerned.
The arbitrator’s decision must be made based, in particular, on the criteria mentioned in section 64.8.
Articles 944 to 944.10, 945.1 to 945.8 and 946 to 946.6 of the Code of Civil Procedure (chapter C‐25) apply, with the necessary modifications, to the arbitration provided for in the second paragraph.
The remuneration of the arbitrator shall be determined by the Minister. The arbitration and homologation costs shall be paid in equal shares by the municipalities concerned unless the arbitrator or the court decides otherwise by a decision giving reasons.
1972, c. 49, s. 61; 1978, c. 64, s. 23; 1979, c. 49, s. 33; 1988, c. 49, s. 38; 1996, c. 2, s. 833; 1999, c. 75, s. 16; 2005, c. 33, s. 3.