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C-27.1 - Municipal Code of Québec
Section 724
Disposition versions
724. (Repealed).
724. No action in damages may be taken against a municipality, without 15 days’ written notice of such action being given to the secretary-treasurer of the municipality, nor unless it be instituted within six months from the date at which the cause of action arose. Such notice may be given by registered or certified letter, and must give the name and residence of the claimant, as well as the nature of the damage for which damages are claimed, and must be given within 60 days of the date at which the cause of action arose.
724. Every municipality is bound to have the roads, bridges, watercourses and sidewalks under its control maintained in the condition required by law, by the procès-verbaux, by the by-laws and by the deeds of agreement which govern them, under penalty of a fine of not more than $20 for each infraction thereof.
It is further responsible for any damage resulting from the non-execution of such procès-verbaux, by-laws, deeds of agreement or provisions of law, saving its recourse against the ratepayers or officers in default, as the case may be.
It is not responsible for damage suffered by any person motoring on an earth road or a road maintained during winter to permit free passage of motor vehicles and other vehicles.
If the watercourse is under the control of several regional county municipalities, such municipalities are solidarily liable for the maintenance of such watercourse in the required condition, under the same penalties and responsibilities.
No action in damages may be taken against any such municipality, without 15 days’ written notice of such action being given to the secretary-treasurer of the municipality, nor unless it be instituted within six months from the date at which the cause of action arose. Such notice may be given by registered or certified letter, and must give the name and residence of the claimant, as well as the nature of the damage for which damages are claimed, and must be given within 60 days of the date at which the cause of action arose.
Nevertheless, if the municipality repairs such road, bridge, watercourse or sidewalk before the expiration of the time mentioned in the notice, it cannot be prosecuted for the offence, but it is responsible for the costs of the notice.
If all the municipal roads, bridges, watercourses or sidewalks, or a portion thereof, at the charge and expense of the ratepayers and situated in the territory of a local municipality, are put at the charge and expense of the municipality under this Code or otherwise, all the obligations imposed upon the ratepayers in respect to such roads, bridges, watercourses or sidewalks, or any part thereof, even before such change, are assumed by the municipality.
724. Every municipality is bound to have the roads, bridges, watercourses and sidewalks under its control maintained in the condition required by law, by the procès-verbaux, by the by-laws and by the deeds of agreement which govern them, under penalty of a fine of not more than $20 for each infraction thereof.
It is further responsible for all damages resulting from the non-execution of such procès-verbaux, by-laws, deeds of agreement or provisions of law, saving its recourse against the ratepayers or officers in default, as the case may be.
It is not responsible for damages suffered by any person motoring on an earth road or a road maintained during winter to permit free passage of motor vehicles and other vehicles.
If the watercourse is under the control of several regional county municipalities, such municipalities are solidarily liable for the maintenance of such watercourse in the required condition, under the same penalties and responsibilities.
No action in damages may be taken against any such municipality, without 15 days’ written notice of such action being given to the secretary-treasurer of the municipality, nor unless it be instituted within a delay of six months from the date at which the cause of action arose. Such notice may be given by registered or certified letter, and must give the name and residence of the claimant, as well as the nature of the damages claimed, and must be given within 60 days of the date at which the cause of action arose.
Nevertheless, if the municipality repairs such road, bridge, watercourse or sidewalk before the expiration of the delay mentioned in the notice, it cannot be prosecuted for the offence, but it is responsible for the costs of the notice.
If all the municipal roads, bridges, watercourses or sidewalks, or a portion thereof, at the charge and expense of the ratepayers and situated in the territory of a local municipality, are put at the charge and expense of the municipality under this Code or otherwise, all the obligations imposed upon the ratepayers in respect to such roads, bridges, watercourses or sidewalks, or any part thereof, even before such change, are assumed by the municipality.
724. Every corporation is bound to have the roads, bridges, watercourses and sidewalks under its control maintained in the condition required by law, by the procès-verbaux, by the by-laws and by the deeds of agreement which govern them, under penalty of a fine of not more than $20 for each infraction thereof.
It is further responsible for all damages resulting from the non-execution of such procès-verbaux, by-laws, deeds of agreement or provisions of law, saving its recourse against the ratepayers or officers in default, as the case may be.
It is not responsible for damages suffered by any person motoring on an earth road or a road maintained during winter to permit free passage of motor vehicles and other vehicles.
If the road, bridge or watercourse is under the control of several county corporations, such corporations are jointly and severally bound to have such road, bridge or water-course maintained in the required condition, under the same penalties and responsibilities.
No action in damages may be taken against any such corporation, without 15 days’ written notice of such action being given to the secretary-treasurer of the corporation, nor unless it be instituted within a delay of six months from the date at which the cause of action arose. Such notice may be given by registered or certified letter, and must give the name and residence of the claimant, as well as the nature of the damages claimed, and must be given within 60 days of the date at which the cause of action arose.
Nevertheless, if the corporation repairs such road, bridge, watercourse or sidewalk before the expiration of the delay mentioned in the notice, it cannot be prosecuted for the offence, but it is responsible for the costs of the notice.
If all the municipal roads, bridges, watercourses or sidewalks, or a portion thereof, at the charge and expense of the ratepayers and situated in a local municipality, are put at the charge and expense of the corporation under this Code or otherwise, all the obligations imposed upon the ratepayers in respect to such roads, bridges, watercourses or sidewalks, or any part thereof, even before such change, are assumed by the corporation.
724. Every corporation is bound to have the roads, bridges, watercourses and sidewalks under its control maintained in the condition required by law, by the procès-verbaux, by the by-laws and by the deeds of agreement which govern them, under penalty of a fine of not more than $20 for each infraction thereof.
It is further responsible for all damages resulting from the non-execution of such procès-verbaux, by-laws, deeds of agreement or provisions of law, saving its recourse against the ratepayers or officers in default, as the case may be.
It is not responsible for damages suffered by any person motoring on an earth road or a road maintained during winter to permit free passage of motor vehicles and other vehicles.
If the road, bridge or watercourse is under the control of several county corporations, such corporations are jointly and severally bound to have such road, bridge or water-course maintained in the required condition, under the same penalties and responsibilities.
No action in damages nor penal action may be taken against any such corporation, without 15 days’ written notice of such action being given to the secretary-treasurer of the corporation, nor unless it be instituted within a delay of six months from the date at which the cause of action arose. Such notice may be given by registered or certified letter, and must give the name and residence of the claimant, as well as the nature of the damages claimed, and must be given within 60 days of the date at which the cause of action arose.
Nevertheless, if the corporation repairs such road, bridge, watercourse or sidewalk before the expiration of the delay mentioned in the notice, it cannot be prosecuted for the penalty, but it is responsible for the costs of the notice.
If all the municipal roads, bridges, watercourses or sidewalks, or a portion thereof, at the charge and expense of the ratepayers and situated in a local municipality, are put at the charge and expense of the corporation under this Code or otherwise, all the obligations imposed upon the ratepayers in respect to such roads, bridges, watercourses or sidewalks, or any part thereof, even before such change, are assumed by the corporation.
