C-27.1 - Municipal Code of Québec

Section 1019 Disposition versions

2021-11-05

2016-01-01

1996-05-08

1991-04-01

1989-12-20

1988-08-31

0001-01-01

1019. The payment of municipal taxes, whatever be the amount, may also be recovered in the name of the corporation by an action instituted exclusively in the Provincial Court.

The clerk of the Provincial Court has the same power as the prothonotary of the Superior Court under article 194 of the Code of Civil Procedure (chapter C-25), upon the accomplishing of the same formalities, to render judgment against the defendant who fails to appear or to plead, provided that a detailed statement of the municipal taxes by filed. In either case, the declaration, under oath or affidavit, establishing that the amount is due to the knowledge of the deponent, is given and subscribed to by the secretary-treasurer, who takes the oath before the mayor of the municipal corporation which is the plaintiff, or before a justice of the peace, a commissioner of the Superior Court or a notary.

The defendant may obtain a stay of such action if the rolls, by-laws, procès-verbaux or other municipal acts upon which it is based are sought to be quashed or annulled. This stay is ordered by the court before whom the proceedings to quash or annul are pending, at its discretion.

M.C. 1916, a. 724; 1922 (2nd sess.), c. 84, s. 6; 1925, c. 89, s. 1; 1926, c. 38, s. 2; 1949, c. 59, s. 70; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1979, c. 72, s. 298.