R-8 - Act respecting the Régie des services publics

Section 45 Disposition versions

1977-12-31

45. The Board or any interested party may cause an ordinance of the Board to become executory, in accordance with the rules of the Code of Civil Procedure, by having the same homologated by the Superior Court of the district in which such ordinance was made or of the district in which the public service of the owner concerned is situated.

The Superior Court homologates the ordinance of the Board upon summary petition, notice whereof must have been given in accordance with the Board’s rules of practice and upon the filing of a duly certified copy of the ordinance in the office of the court.

No contestation may be had on such petition for homologation.

After such homologation, the ordinance becomes executory as any other judgment of such court.

During the court vacations or out of term, a judge of the Superior Court shall have the same jurisdiction as the court for the purposes of this section.

The decision of the Board shall become executory fifteen days after the date of its homologation.

No appeal shall lie from the judgment pronouncing such homologation, but the ordinance so homologated shall be subject to appeal in such manner and in such cases as provided in sections 46 and 47.

R. S. 1964, c. 229, s. 43.