c-35 - Act respecting the Commission municipale

Updated to 1 April 2020

This document has official status.

chapter C-35

Act respecting the Commission municipale

DIVISION I INTERPRETATION

1. In this Act, unless the context otherwise requires:

(1)  the word “Commission” designates the Commission municipale du Québec established under this Act;

(2)  the word “Minister” designates the Minister of Municipal Affairs, Regions and Land Occupancy;

(3)  (paragraph repealed);

(4)  the word “fabrique” designates a legal person constituted under the Act respecting fabriques (chapter F-1);

(5)  the word “council” includes the executive committee or the administrative committee of a municipality;

(6)  the expression “secretary-treasurer” includes, when the case requires it, the clerk or the treasurer;

(7)  the words “municipality in default” designate a municipality which is declared to be in default under the provisions of Division VI;

(8)  the words “fabrique in default” designate a fabrique which is declared to be in default under the provisions of Division VI.

R. S. 1964, c. 170, s. 1; 1965 (1st sess.), c. 55, s. 1; 1970, c. 45, s. 1; 1972, c. 60, s. 33; 1977, c. 5, s. 14; 1981, c. 27, s. 19; 1996, c. 2, s. 462; 1999, c. 40, s. 65; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

2. In every Act, proclamation, order in council, order, instrument or document whatsoever, wherever the words “Commission municipale du Québec” or the word “Commission”, referring to the Commission municipale du Québec, occur, such word or words, as the case may be, shall mean the Commission municipale du Québec.

R. S. 1964, c. 170, s. 2; 1977, c. 5, s. 14.

DIVISION II ORGANIZATION OF THE COMMISSION

3. The Commission shall consist of not more than 16 members, including a president and not more than three vice-presidents, appointed by the Government.

One of the members designated by the Government shall exercise the powers of the president in his absence.

One of the vice-presidents designated by the Government shall be assigned to the matters pertaining to the exercise of any jurisdiction conferred on the Commission by a provision of Division IV.1 or of the Act respecting municipal territorial organization (chapter O‐9).

One of the vice-presidents designated by the Government shall be assigned to matters relating to municipal ethics and good conduct.

One of the vice-presidents designated by the Government shall be assigned to matters relating to audits of municipalities and municipal bodies. In addition, despite section 8 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), that vice-president shall, with regard to matters relating to audits of municipalities and municipal bodies, perform the duties conferred by that Act on the person in charge of access to documents or protection of personal information. Persons who are, or were in the past four years, council members or employees of a local municipality having less than 100,000 inhabitants, a regional county municipality or a metropolitan community are disqualified from performing those duties.

R. S. 1964, c. 170, s. 3; 1965 (1st sess.), c. 55, s. 2; 1970, c. 45, s. 3; 1972, c. 49, s. 132; 2000, c. 54, s. 13; 2005, c. 50, s. 33; 2010, c. 27, s. 37; 2018, c. 8, s. 107.

4. The remuneration of the members of such commission shall be that determined by the Government.

R. S. 1964, c. 170, s. 4.

5. Every member of the Commission appointed under section 3 shall hold office during the period fixed by the Government which may in no case exceed five years from the date of his appointment. He may be removed at any time for cause by the Government.

Notwithstanding the expiration of his term, every member remains in office until he is reappointed, provisionally or permanently, or until he is replaced.

Despite the first sentence of the first paragraph, the vice-president assigned to matters relating to audits of municipalities and municipal bodies is appointed for a period of seven years. A person may not be so appointed more than once. At the end of the seven-year period, such a vice-president remains in office and continues the assignment until he is reappointed as a member of the Commission or replaced.

If the vice-president assigned to matters relating to audits is absent or unable to act, the Government shall designate a member of the Commission to act in that capacity on an interim basis.

R. S. 1964, c. 170, s. 5; 1968, c. 49, s. 2; 1977, c. 50, s. 1; 1983, c. 24, s. 82; 1983, c. 57, s. 62; 2018, c. 8, s. 108.

5.1. Notwithstanding section 3, the Government, after consultation with the Commission, where he deems that the dispatching of its business so requires, may appoint any additional member for the period he determines; he then fixes his salary and, as the case may be, his additional salary, fees or allowances.

1979, c. 30, s. 1.

6. The Commission may hold several sittings simultaneously.

The president shall designate each member for each sitting and may change such designation at any time.

If one or more members to whom a matter has been referred become unable to act, declare themselves recused or cease to be members of the Commission, the remaining member or, as the case may be, all of the remaining members shall settle the matter.

R. S. 1964, c. 170, s. 6; 1965 (1st sess.), c. 55, s. 3; 1970, c. 45, s. 5; 1975, c. 65, s. 1; 1999, c. 40, s. 65; 2000, c. 27, s. 5; 2001, c. 25, s. 73.

7. Two members shall constitute a quorum of the Commission where a matter has been referred to two or more members.

R. S. 1964, c. 170, s. 7; 1965 (1st sess.), c. 55, s. 3; 1985, c. 27, s. 70; 1989, c. 39, s. 1; 2000, c. 27, s. 6; 2001, c. 25, s. 74.

8. In exercising the powers conferred upon it, the Commission may, itself or by any person appointed by the president investigate any matter within its competence and, for such purpose, shall have access to the books and documents of a municipality.

The first paragraph does not apply when the Commission exercises, under Division X, its audit functions with regard to municipalities and municipal bodies.

R. S. 1964, c. 170, s. 8; 1965 (1st sess.), c. 55, s. 3; 1970, c. 45, s. 6; 2018, c. 8, s. 109.

9. The Commission shall not be dissolved by the death or resignation of any of its members.

R. S. 1964, c. 170, s. 9.

10. Neither the members nor the secretary of the Commission shall hold any office in a municipality or fabrique governed by this Act nor act in any capacity whatsoever for any such municipality or fabrique, during their term of office.

R. S. 1964, c. 170, s. 10; 1996, c. 2, s. 463.

11. (Repealed).

R. S. 1964, c. 170, s. 11; 1986, c. 95, s. 96.

12. The Government shall fix the place where the Commission shall sit and shall have its office, and shall also provide it with suitable quarters for the holding of its sittings and the transaction of its business generally.

R. S. 1964, c. 170, s. 12.

13. Whenever necessary, the Commission may sit in any part of Québec.

Whenever, under this section, the Commission sits at the chief place of any judicial district, the clerk of the Superior Court is bound to place at its disposal suitable quarters for the holding of its sittings.

In every other place, it may have free use of the room in which a municipality or fabrique governed by this Act usually holds its sittings.

R. S. 1964, c. 170, s. 13; 1996, c. 2, s. 464; I.N. 2016-01-01 (NCCP).

14. Whenever it deems it necessary, the Commission may retain the services of experts or technicians, to assist it in an advisory capacity, whether or not such persons are governed by the Public Service Act (chapter F-3.1.1).

R. S. 1964, c. 170, s. 14; 1975, c. 65, s. 2; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2018, c. 8, s. 110.

15. There shall be a secretary of the Commission who shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

R. S. 1964, c. 170, s. 15; 1983, c. 57, s. 63; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

16. (1)  It shall be the duty of the secretary,—

(a)  to attend all sittings of the Commission, unless excused by the Commission or the President;

(b)  to keep a record of all proceedings conducted before the Commission;

(c)  to have the custody and care of all records and documents of the Commission;

(d)  to obey all rules of direction which may be made or given by the Commission touching his duties or office;

(e)  to have every order and rule of the Commission drawn up pursuant to the directions of the Commission, signed by the president and filed in the office of the secretary;

(f)  to discharge all other duties prescribed by the Government.

(2)  The secretary shall have power to administer the oath at any investigation or with respect to any matter examined by the Commission.

(3)  The secretary shall keep suitable books of record, in which he shall enter a true copy of every order and rule, and of every other document which the Commission shall order to be entered therein; and such entry shall constitute and be the original of any such order or rule after it has been signed by the president and the secretary.

(4)  (Subsection repealed).

(5)  In the event of the secretary of the Commission being absent or unable to act, any member of the Commission may act in his stead or the Commission may replace him temporarily by appointing another person to such office.

R. S. 1964, c. 170, s. 16; 1987, c. 68, s. 49; 1997, c. 43, s. 186; 1999, c. 40, s. 65.

16.1. The person in charge of access to documents of the Commission shall furnish a certified copy of any order, rule or other document contemplated in subsection 3 of section 16 to any person who applies therefor.

1987, c. 68, s. 50; 1997, c. 43, s. 187.

17. Neither the Commission, nor any member thereof, nor the secretary of the Commission, nor any of its officers or employees, nor any experts or technicians referred to in section 14, shall be personally liable for anything done or omitted by it or by him in the exercise of its or his functions.

R. S. 1964, c. 170, s. 17; 2018, c. 8, s. 111.

18. The employees necessary for the proper performance of the duties of the Commission shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

R. S. 1964, c. 170, s. 18; 1983, c. 57, s. 64; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

19. (Repealed).

R. S. 1964, c. 170, s. 19; 1989, c. 39, s. 2.

20. The above remuneration, and all the expenses incurred by the Commission in the performance of its duties and attributions, including all reasonable travelling expenses actually incurred by the members of the Commission, secretary, officers and employees of the Commission, and by such members of the staff of the Commission as may be required by the Commission, shall be paid out of the moneys voted annually for that purpose by Parliament and out of those received by the Commission in accordance with the second paragraph.

However, the Commission may

(1)  order that the expenses, except those relating to the salaries of its commissioners and regular employees, that it incurs in the exercise of its functions other than its audit functions with regard to municipalities and municipal bodies, be paid in whole or in part by the municipality it designates; and

(2)  order that the expenses it incurs in the exercise of its audit functions with regard to the accounts and affairs of a chief auditor of a municipality having 100,000 inhabitants or more be paid by that municipality.

The amount of the expenses referred to in the second paragraph shall then be established by a certificate signed by a member of the Commission or by its secretary; the certificate is final and may not be contested.

R. S. 1964, c. 170, s. 20; 2018, c. 8, s. 112.

21. The Commission shall be an organization of the State.

Any recourse against the Commission can only be exercised in conformity with articles 76 and following of the Code of Civil Procedure (chapter C-25.01), except that service shall be made at the office of the Commission and the recourses shall be taken against the Commission municipale du Québec.

R. S. 1964, c. 170, s. 21; 1970, c. 45, s. 7; 1977, c. 5, s. 14; 1999, c. 40, s. 65; I.N. 2016-01-01 (NCCP).

DIVISION III CERTAIN INVESTIGATIONS BY THE COMMISSION

22. (1)  Except when exercising its audit functions with regard to municipalities and municipal bodies under Division X, the Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.

It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.

The Commission may make recommendations in the report of its investigation.

It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.

In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. The Commission is not bound by this requirement if a person invited in writing to present or to otherwise transmit observations within a reasonable time has refused or neglected to do so.

A request by the Minister or the Government under the first or second paragraph may also concern a legal person referred to in section 107.7 of the Cities and Towns Act (chapter C-19) or a municipal body within the meaning of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.

Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the qualified voters.

The Commission may, however, order the carrying out of the works and authorize the loan without such approval.

If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.

An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same time as for a judgment by the Superior Court in the course of a proceeding.

This subsection shall not apply to waterworks and sewer works.

R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2; 1987, c. 93, s. 1; 1987, c. 57, s. 773; 1997, c. 43, s. 188; 1999, c. 40, s. 65; 2009, c. 26, s. 34; I.N. 2016-01-01 (NCCP); 2018, c. 8, s. 113.

23. For the purposes of any investigation that the Commission is authorized to make, each of its members and every investigator designated by the president has the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

The Commission whenever it holds public sittings during an investigation under the second paragraph of subsection 1 of section 22, shall give notice of the time and place of such sittings in two French and two English newspapers published nearest to the place of the sittings; it shall report the result of every such investigation, with all evidence taken, to the Government which shall order such action to be taken in the matter as shall be warranted by the evidence and report.

Certified copies of the evidence taken at an investigation contemplated in the preceding paragraph may be obtained by any person applying therefor to the Commission, on payment of the fees fixed by its rules.

It shall report to the Minister on any other investigation held by it.

R. S. 1964, c. 170, s. 23; 1968, c. 49, s. 4; 1979, c. 30, s. 2; 1992, c. 61, s. 203; 1996, c. 2, s. 465; 1997, c. 43, s. 189.

DIVISION III.1 MEDIATION BY THE COMMISSION

2002, c. 37, s. 118.

23.1. Where the president of the Commission considers it expedient and the subject-matter and circumstances of the case so permit, the president may, with the consent of the parties, refer any dispute in respect of which the Commission may intervene under any legislative provision to a mediator designated by the president from among the members of the Commission.

The president of the Commission may call a first mediation session and the parties are required to attend.

2002, c. 37, s. 118.

23.2. The role of the mediator is to permit the parties to exchange their points of view and to foster agreement between them.

The mediator may also give an opinion on the dispute, if it subsists, and make recommendations.

2002, c. 37, s. 118.

23.3. The mediator, after consultation with the parties, shall define the rules applicable to the mediation and any measures to facilitate its conduct, and shall determine the schedule of meetings.

The parties shall provide the mediator with all the information or documents the mediator requires for the examination of the dispute.

The mediator may convene any person to obtain that person’s point of view.

2002, c. 37, s. 118.

23.4. Unless the parties agree otherwise, the mediation process may not continue for more than 30 days after the date on which the mediator is appointed.

The mediator may terminate the mediation before the expiry of that time or the time agreed upon, if the mediator considers in the circumstances that the mediator’s intervention is not useful or appropriate ; in such a case, the mediator shall notify the parties in writing.

2002, c. 37, s. 118.

23.5. The mediator shall transmit the mediation report and a copy of the agreement signed by the parties, if any, to the president.

2002, c. 37, s. 118.

23.6. Any time period prescribed for the submission of an application to the Commission is, where applicable, suspended during the mediation. The time period begins to run anew as soon as the mediation ends.

2002, c. 37, s. 118.

23.7. Unless the parties to the mediation consent thereto, nothing that is said or written in the course of a mediation session may be admitted as evidence before a court of justice or before a person or body of the administrative branch exercising adjudicative functions.

2002, c. 37, s. 118.

23.8. A mediator may not be compelled to disclose anything revealed to or learned by the mediator in the exercise of the mediator’s functions or to produce a document prepared or obtained in the course of such exercise before a court of justice or before a person or body of the administrative branch exercising adjudicative functions.

Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person may have access to a document contained in the mediation record.

2002, c. 37, s. 118.

23.9. No proceedings may be brought against the mediator for any act performed or omission made in good faith in the exercise of the mediator’s functions.

2002, c. 37, s. 118.

23.10. If no settlement is reached, the member who acted as mediator may not hear any subsequent application relating to the dispute unless the parties consent thereto.

2002, c. 37, s. 118.

DIVISION IV VOLUNTARY ARBITRATION BY THE COMMISSION

1987, c. 93, s. 2.

24. Two or more municipal bodies may agree to refer any existing or prospective dispute to the Commission for arbitration.

1975, c. 65, s. 3; 1979, c. 83, s. 8; 1987, c. 93, s. 2.

24.1. No dispute which, pursuant to an Act, must be decided by an authority other than a court of justice may be referred for arbitration under this division.

1987, c. 93, s. 2.

24.2. Arbitration under this division shall take place before a member of the Commission who shall be designated by the president within 30 days of a written application submitted by the parties.

The arbitration proceedings shall commence on the date of sending of the application.

1987, c. 93, s. 2; 2000, c. 27, s. 7.

24.3. Articles 620 to 623 and 632 to 648 of the Code of Civil Procedure (chapter C-25.01) and the provisions of such Code referred to in the said articles apply, adapted as required, to arbitration proceedings under this division.

1987, c. 93, s. 2; I.N. 2016-01-01 (NCCP).

24.4. For the purposes of this division, the words “municipal body” mean local municipalities, mandatary bodies of such municipalities within the meaning of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) and supramunicipal bodies within the meaning of that Act.

1987, c. 93, s. 2; 1990, c. 85, s. 123; 1996, c. 2, s. 466.

DIVISION IV.1 EQUIPMENT OF A SUPRALOCAL NATURE

24.5. For the purposes of this division, any equipment belonging to a local municipality or to a mandatary of a local municipality and that is at the disposal of the citizens and ratepayers of more than one local municipality, and in respect of which it may be appropriate

(1)  that a municipal body other than its owner manage the equipment;

(2)  that two or more local municipalities finance the expenditures relating to the equipment; or

(3)  that two or more local municipalities share the revenue generated by the equipment,

is of a supralocal nature.

2000, c. 27, s. 8.

24.6. Where an application is made to the Minister by a local municipality owning equipment which it believes is of a supralocal nature, the Minister may request the Commission to carry out a study for the purpose of determining, in particular, the local or supralocal nature of the equipment.

An application may be made by a local municipality to the Minister if such equipment is owned by one of its mandataries.

The Minister may, on the Minister’s own initiative and if in the Minister’s opinion the intervention of the Commission may be useful to settle a dispute over the local or supralocal nature of equipment, the management of supralocal equipment, the financing of expenditures relating to supralocal equipment or the sharing of the revenue generated by such equipment, request the Commission to carry out the study provided for in the first paragraph.

2000, c. 27, s. 8.

24.7. Before commencing its study, the Commission shall publish in a newspaper circulated in the territory of the local municipality where the equipment is situated, a notice stating

(1)  that a request has been made and identifying the equipment concerned;

(2)  the right provided for in section 24.8;

(3)  the place to which the opinion referred to in section 24.8 must be sent.

2000, c. 27, s. 8; 2000, c. 54, s. 14.

24.8. Any interested person may, within 30 days after publication of the notice, submit in writing to the Commission an opinion on the local or supralocal nature of the equipment in respect of which the request has been made, the management of the equipment, the financing of the expenditures relating to the equipment or the sharing of the revenue generated by the equipment.

2000, c. 27, s. 8.

24.9. The Commission may hold a public hearing on the equipment in respect of which the request has been made.

2000, c. 27, s. 8.

24.10. The Commission shall report to the Minister on completion of its study.

Where the Commission is of the opinion that the equipment is of a supralocal nature, its report must contain a recommendation stating which municipal body is to be responsible for managing the equipment.

In such a case, the report must determine the local municipalities that are to participate in the financing of the expenditures relating to the equipment or in the sharing of the revenue generated by the equipment, and provide the rules enabling each municipality’s share to be established.

2000, c. 27, s. 8.

24.11. If the Commission’s report states that the equipment is of a supralocal nature, the Minister may request the bodies concerned to enter into an agreement on the management and financing of the equipment and to transmit a copy of the agreement to the Minister within the time the Minister prescribes.

For the purposes of the first paragraph, a body concerned means

(1)  the local municipality that owns the equipment or whose mandatary owns the equipment;

(2)  the mandatary referred to in subparagraph 1;

(3)  any other local municipality determined in the Commission’s report as a local municipality that is to participate in the financing of the expenditures relating to the equipment and in the sharing of the revenue generated by the equipment;

(4)  any other municipal body determined in the Commission’s report as a municipal body that is to be responsible for managing the equipment.

For the purpose of facilitating agreement among the bodies concerned, the Minister may appoint a conciliator.

At the request of a body concerned or of the conciliator, the Minister may grant an extension to enable an agreement to be reached and transmitted to the Minister.

The agreement shall replace any stipulation in an earlier agreement in force concerning the same matter in respect of the same equipment.

2000, c. 27, s. 8; 2000, c. 54, s. 15.

24.12. If a copy of the agreement is not received within the time prescribed, the Minister may request the conciliator appointed under section 24.11 or, if there is no such conciliator, the conciliator the Minister appoints, to make a report to the Minister on the situation.

2000, c. 27, s. 8.

24.13. In the absence of an agreement entered into under section 24.11, the Government may adopt any measure related to the management of the equipment, the financing of the expenditures relating to the equipment and the sharing of the revenue generated by the equipment.

The measure shall replace any stipulation in an earlier agreement in force concerning the same matter in respect of the same equipment.

2000, c. 27, s. 8; 2000, c. 54, s. 16.

24.14. The order comes into force on the day of its publication in the Gazette officielle du Québec or on any later date indicated therein.

The order may be revoked without a new study under section 24.6 being carried out in relation to the equipment.

2000, c. 27, s. 8.

24.15. The Minister may, if new circumstances justify it, request the Commission to carry out a new study in respect of any equipment determined by the Minister.

2000, c. 27, s. 8.

24.16. This division also applies, with the necessary modifications, in respect of an infrastructure, a service or an activity.

If the service is supplied or the activity is carried on in relation to an event, it makes no difference whether the event is organized by the local municipality or by a third person.

2000, c. 27, s. 8.

24.16.1. This division does not apply in respect of equipment listed in Schedule V to the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01) or equipment, an infrastructure, a service or an activity which the Communauté métropolitaine de Montréal or the Communauté métropolitaine de Québec has designated as being of metropolitan scope under section 157.1 of the Act respecting the Communauté métropolitaine de Montréal or, as the case may be, section 149 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02).

Nor does this division apply in respect of equipment, an infrastructure, a service or an activity which the regional county municipality has designated as being of a supralocal nature under article 681.1 of the Municipal Code of Québec (chapter C-27.1).

2000, c. 56, s. 129; 2000, c. 56, s. 130; 2002, c. 68, s. 24.

24.17. (Repealed).

2000, c. 27, s. 8; 2000, c. 54, s. 17.

DIVISION V

Repealed, 1984, c. 38, s. 91.

1984, c. 38, s. 91.

25. (Repealed).

R. S. 1964, c. 170, s. 24; 1975, c. 65, s. 4; 1977, c. 50, s. 2; 1984, c. 38, s. 91.

26. (Repealed).

1975, c. 65, s. 4; 1984, c. 38, s. 91.

27. (Repealed).

R. S. 1964, c. 170, s. 25; 1965 (1st sess.), c. 55, s. 6; 1975, c. 65, s. 5; 1977, c. 50, s. 3; 1984, c. 38, s. 91.

28. (Repealed).

R. S. 1964, c. 170, s. 26; 1965 (1st sess.), c. 55, s. 7; 1984, c. 38, s. 91.

29. (Repealed).

R. S. 1964, c. 170, s. 27; 1965 (1st sess.), c. 55, s. 8; 1984, c. 38, s. 91.

30. (Repealed).

R. S. 1964, c. 170, s. 28; 1984, c. 38, s. 91.

31. (Repealed).

R. S. 1964, c. 170, s. 30; 1984, c. 38, s. 91.

32. (Repealed).

R. S. 1964, c. 170, s. 31; 1984, c. 38, s. 91.

33. (Repealed).

R. S. 1964, c. 170, s. 32; 1984, c. 38, s. 91.

34. (Repealed).

R. S. 1964, c. 170, s. 33; 1984, c. 38, s. 91.

35. (Repealed).

R. S. 1964, c. 170, s. 34; 1972, c. 60, s. 34; 1975, c. 65, s. 6; 1984, c. 38, s. 91.

36. (Repealed).

R. S. 1964, c. 170, s. 35; 1984, c. 38, s. 91.

37. (Repealed).

R. S. 1964, c. 170, s. 36; 1984, c. 38, s. 91.

DIVISION VI DECLARATION OF DEFAULT AGAINST A MUNICIPALITY

38. (1)  A municipality or fabrique may be declared in default in the following cases:

(a)  when it has not paid at maturity the interest on or the principal or part of the principal of a loan contracted, before or after 9 September 1965, by such municipality or fabrique or by a body which such municipality or fabrique has succeeded;

(b)  when it has ceased to pay its current debts generally as they fall due;

(c)  when it has neglected for more than 30 days to satisfy a final judgment ordering it to pay a sum of money. Such period of 30 days shall run from the day on which the judgment has become executory or, if an extension of time has been granted to satisfy such judgment, from the expiration of such extension of time.

(2)  The Commission is not bound to request that the municipality or fabrique be declared in default except upon a written demand made:

(a)  by the municipality or fabrique itself; or

(b)  by the creditors of the municipality or fabrique who hold claims against it representing at least 25% of the total debt of such municipality or fabrique.

R. S. 1964, c. 170, s. 37; 1965 (1st sess.), c. 55, s. 10; 1996, c. 2, s. 467; 1999, c. 40, s. 65.

39. The Commission, of its own initiative or upon a demand, as above provided, may apply to a judge of the Superior Court of the district within whose jurisdiction the municipality or fabrique concerned lies, for an investigation to have such municipality or fabrique declared to be in default.

However, in the case of a fabrique, such application shall not be presented without the written authorization of the bishop of the diocese in which the head office of the fabrique is situated.

If such approval is granted, the bishop is entitled to insert therein the conditions which he may deem expedient.

R. S. 1964, c. 170, s. 38; 1965 (1st sess.), c. 55, s. 11; 1999, c. 40, s. 65; I.N. 2016-01-01 (NCCP).

40. Such application shall be taken into consideration only after at least eight days’ notice of its presentation has been given to the municipality or fabrique and has been published in the Gazette officielle du Québec, in a French newspaper and in an English newspaper published in the territory of Ville de Québec, and in a French newspaper and an English newspaper published in the territory of Ville de Montréal.

A single publication in the Gazette officielle du Québec and in each of such newspapers shall be sufficient.

R. S. 1964, c. 170, s. 39; 1965 (1st sess.), c. 55, s. 12; 1996, c. 2, s. 468; I.N. 2016-01-01 (NCCP).

41. The judge, upon such application, orders whatever proof he may deem necessary; and, if the evidence offered is sufficient, he shall grant the demand and declare the municipality or fabrique concerned to be in default.

Such decision of the judge shall be final and without appeal.

R. S. 1964, c. 170, s. 40; 1965 (1st sess.), c. 55, s. 13; I.N. 2016-01-01 (NCCP).

42. The costs on such application shall be determined by the judge who renders the judgment.

R. S. 1964, c. 170, s. 41; I.N. 2016-01-01 (NCCP).

43. From the date of a judgment declaring any municipality or fabrique in default, as above provided, and until the Commission orders, in accordance with section 57 or 58, that the said municipality or fabrique be no longer considered in default, such municipality or fabrique shall be under the control of the Commission, which, in the exercise of such control, possesses and may exercise all the powers provided by the provisions of Division VIII.

R. S. 1964, c. 170, s. 42; 1965 (1st sess.), c. 55, s. 14.

44. During the period of time referred to in section 43, no suit, execution or other proceedings may be begun or continued against any municipality or fabrique in default without the authorization of the Commission. The Commission, in granting such authorization, may impose such conditions as it may deem useful.

During such period the prescription and the time for proceedings shall not run; they, nevertheless, recommence to run in the case where the Commission authorizes a suit, execution or any other proceeding to be begun or continued, and shall run from the date of such authorization.

The provisions of this section shall apply and are deemed to have applied since 18 May 1932, to every person who has become surety, by endorsement or otherwise, for a loan contracted by a municipality. However, in the event of proceedings having been instituted against such person before 29 March 1933, without authorization having been obtained from the Commission for such purpose, the proceedings shall not be null for want of authorization, but they cannot be continued nor can the judgment be executed, without the authorization of the Commission.

The provisions of this section shall not apply to notices of claims for damages to property or for bodily injury.

R. S. 1964, c. 170, s. 43; 1965 (1st sess.), c. 55, s. 15; 1999, c. 40, s. 65.

DIVISION VII PLACING OF A MUNICIPALITY UNDER THE CONTROL OF THE COMMISSION

45. Where the Government requests the Commission to make an investigation in accordance with the second paragraph of subsection 1 of section 22, the Government may place, from the date it determines, the municipality affected by the request under the control of the Commission.

The Commission shall, where that is the case, publish, in the Gazette officielle du Québec, a notice stating that the municipality has been placed under the control of the Commission and the effective date thereof.

Such placement under the control of the Commission shall cease on the expiry of 30 days following the submission of the Commission’s report to the Government, unless it decides to maintain it for such time as it determines; it may, as required, curtail or extend such time.

The Government, within 30 days of receipt of the report or, as the case may be, at the same time as it takes a decision pursuant to the third paragraph, may order, for the time it determines after the municipality ceases to be under the control of the Commission, that certain provisions of Division VIII shall continue to apply to the municipality or that the Commission shall have the power to disallow any decision of the council in accordance with the second paragraph of section 57. The Government may curtail or extend such time or otherwise modify its decision.

The Commission shall publish a notice in the Gazette officielle du Québec of the fact that the municipality ceases to be placed under its control and of any decision of the Government taken pursuant to the fourth paragraph.

1968, c. 49, s. 5; 1975, c. 65, s. 7; 1987, c. 93, s. 3; 1989, c. 39, s. 3.

46. When a municipal council has in fact been unable to administer the affairs of the municipality for more than 30 days, although it can validly sit, and it appears to the Commission that it is in the public interest to terminate such situation, the Commission may order by a resolution passed by the affirmative vote of a majority of its members, including its president, that the municipality is under its control.

Such resolution must be confirmed by the Superior Court and shall come into force on the day on which it is so confirmed.

When a municipality is subject to the control of the Commission under this section, if there is or if there occurs a vacancy in the council and if the Commission considers that an election would tend to terminate the situation contemplated in the first paragraph, it may, notwithstanding any inconsistent legislation, order the holding of an election, which must be conducted in all respects in the same manner as a general election, with the necessary modifications.

1971, c. 49, s. 1; 1977, c. 50, s. 5.

46.1. The Government may place a municipality under the control of the Commission even if the municipality is not the subject of an investigation by the Commission.

The third paragraph of section 46 applies whenever control by the Commission is ordered under this section.

The Commission shall publish, in the Gazette officielle du Québec, a notice stating that the municipality has been placed under the control of the Commission, and the effective date thereof. It shall, in the same manner, publish a notice stating that the municipality has ceased to be under the control of the Commission.

1989, c. 39, s. 4.

47. The provisions of this Act applicable to a municipality declared in default under Division VI apply, with the necessary modifications, to every municipality placed under the control of the Commission by this division or by any other legislative provision; such provisions are applicable from the date of such placing under control.

1968, c. 49, s. 5; 1975, c. 65, s. 7; 1977, c. 50, s. 4.

DIVISION VIII CONTROL OVER A MUNICIPALITY IN DEFAULT

48. Where a municipality is in default:

(a)  all municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;

(b)  all moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;

(c)  the Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year by the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the period fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.

The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of 30 days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.

For such purposes the officers of the municipality shall be the officers of the Commission.

Whenever the municipality neglects or refuses to collect the taxes due, within the period fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;

(d)  in any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the period fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;

(e)  (paragraph repealed);

(f)  the budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;

(g)  the appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.

The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.

The decision of the Commission shall be served on the person dismissed or suspended without pay in the same manner as a summons under the Code of Civil Procedure (chapter C-25.01).

Subject to section 89 of the Police Act (chapter P-13.1), a person on whom a measure described in the second paragraph has been imposed may, within 30 days following service of the decision, file a complaint in writing with the Administrative Labour Tribunal to make an inquiry and dispose of the complaint.

Sections 72.1 to 72.2 of the Cities and Towns Act (chapter C-19) apply with the necessary modifications in respect of every officer or employee referred to in the first paragraph.

The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;

(g.1)  a mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act shall transmit a copy of his report to the Commission.

If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;

(h)  no immovable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.

Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immovable and afterwards convey the title to the municipality;

(i)  no immovable may be sold by the municipality without the Commission participating in the deed;

(j)  the Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.

The expenses incurred under this head shall be borne by such municipality;

(k)  no decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;

(l)  while the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;

(m)  if the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by‐law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above‐mentioned.

R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4; 1988, c. 21, s. 66; 1996, c. 2, s. 469; 1999, c. 40, s. 65; 2000, c. 12, s. 319; 2000, c. 54, s. 18; 2001, c. 26, s. 99; 2015, c. 15, s. 237; I.N. 2016-01-01 (NCCP).

49. The Commission shall exercise in respect of a fabrique in default the powers provided in paragraphs b, d, f, g, h, i and j of section 48, which shall apply to such fabrique as if it were a municipality.

No decision of a meeting of a fabrique in default, or of a meeting of parishioners or land-owning parishioners of such fabrique, shall have effect unless approved by the Commission.

If a member of a fabrique in default refuses or fails to sign a document which he has been authorized to sign by a resolution or a by-law of the fabrique duly approved by the Commission, the latter may authorize another person to sign such document on behalf of the fabrique and such signature shall have the same force and effect as if it were the signature of the person authorized by the fabrique.

1965 (1st sess.), c. 55, s. 17.

50. The Commission may exercise, in the name of any municipality in default, the latter’s right to become purchaser of immovables situated in the territory of such municipality.

R. S. 1964, c. 170, s. 45; 1996, c. 2, s. 470.

51. Every officer or councillor of a municipality or fabrique in default, who authorizes an expenditure of money or a payment without the authorization of the Commission, of one of its members or of its delegate, when such authorization is required, or who permits or authorizes the money to be used for purposes other than those for which it was destined, shall be personally responsible for the expenditure so authorized or paid, or for the sum of money so diverted.

R. S. 1964, c. 170, s. 46; 1965 (1st sess.), c. 55, s. 18.

52. The Commission may, by injunction proceedings instituted in its own name, prevent or stop the execution of any undertakings or works which have not been approved by it when such approval is required, with legal costs against the municipality or fabrique interested.

R. S. 1964, c. 170, s. 47; 1965 (1st sess.), c. 55, s. 19; I.N. 2016-01-01 (NCCP).

53. The Commission is empowered to institute, at the cost of the municipality or fabrique in default, any suit which it thinks useful or necessary in the interests of such municipality, without being obliged to obtain the consent of the latter or to prove its refusal.

Whenever the Commission exercises the powers of a municipality or fabrique in default for which it has been substituted it shall proceed by mere resolution.

R. S. 1964, c. 170, s. 48; 1965 (1st sess.), c. 55, s. 20.

54. The Commission may also, whenever a municipality or fabrique is declared in default under this Act:

(a)  order the manner of employment of the moneys not appropriated to determined purposes;

(b)  ratify and confirm any plan of financial reorganization submitted by such municipality or fabrique and interesting its creditors as a whole or any category of its creditors. The ratification and confirmation of such plan shall be legally binding on the parties, unless creditors interested in the said plan who are holders of claims representing at least 33 1/3% of the total debt affected by such plan object thereto in the manner provided by a regulation established in virtue of section 87. If the plan of reorganization, by the nature thereof, requires an issue of bonds, the provisions of law governing the municipality or fabrique with respect to loans shall apply but without it being necessary to have recourse to the approval of the qualified voters in the case of a municipality in default, and to authorization by the meeting of parishioners in the case of a fabrique in default;

(c)  relieve such municipality from collecting, for one or more years or for any other period of time, and on the conditions which it may determine, the tax provided by any by-law authorizing a loan or creating a debt.

Any financial reorganization plan as contemplated in subparagraph b may decree that, for a fixed period, certain provisions of this Act shall continue to apply to such municipality or fabrique, notwithstanding the fact that the Commission may have given a decision to the effect that there is no more occasion to consider the said municipality or fabrique in default.

Such plan may, furthermore, decree that, for a fixed period, the revenues from taxes, licences, waterworks or electricity services or paid by one or more industrial or commercial establishments must be employed, wholly or partly, exclusively for particular purposes specified in the plan.

R. S. 1964, c. 170, s. 49; 1965 (1st sess.), c. 55, s. 21; 1987, c. 57, s. 774; I.N. 2016-01-01 (NCCP).

55. Any municipality in default may decree by resolution the consolidation of the arrears of taxes on the following conditions:

(1)  The resolution shall determine what arrears are subject to the consolidation and the date from which such arrears, with accrued interest, shall be consolidated;

(2)  The consolidated amounts shall be payable in equal and consecutive instalments exigible on the date fixed by the resolution;

(3)  The consolidated amounts shall cease to bear interest from the date mentioned in the resolution unless the contrary is entailed thereby; any payment not effected at maturity shall bear interest at the rate of 5% from such date;

(4)  Prescription shall not run on the consolidated amounts from the date of their consolidation, but it shall run on each instalment, from the date of its maturity;

(5)  The consolidated amounts and the payments shall continue to constitute a prior or hypothecary claim liable for the payment of the said consolidated amounts;

(6)  Whenever an immovable is put up for sale, upon failure to pay consolidated taxes or instalments thereof, the ratepayer may prevent the sale by paying his taxes due, the matured instalments with interest and the costs occasioned by the proceedings;

(7)  The sale of an immovable, even that having the effect of a sale under judicial authority, shall not affect the consolidation of the arrears which encumber it, and the purchaser (adjudicataire) and any subsequent acquirer shall continue to benefit from the consolidation, and the unmatured instalments shall not become exigible through the seizure and sale of the immovable and shall not be entered in the list of collocations; these instalments shall continue to encumber the immovable;

(8)  The municipality shall keep a special register in which shall be entered the name of each ratepayer whose arrears have been consolidated, his address, the description of each immovable liable for the consolidated taxes, the total amount of the sums consolidated and the total amount of each instalment.

Every such resolution shall be subject to the approval of the Commission and of the Minister of Municipal Affairs, Regions and Land Occupancy.

R. S. 1964, c. 170, s. 50; 1965 (1st sess.), c. 55, s. 22; 1992, c. 57, s. 500; 1996, c. 2, s. 471; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; I.N. 2016-01-01 (NCCP).

56. If the Commission has ratified a plan of financial reorganization of a fabrique, the latter, without being required to obtain the authorization of the land-owning parishioners, may impose an assessment on the immovables in the parish or chapelry of such fabrique which belong to the land-owning parishioners and levy the necessary amounts to give effect to the plan of financial reorganization and to meet the expenses of administration and maintenance.

The imposition of such assessment shall be without effect unless approved by the Commission and by the bishop of the diocese in which the head office of the fabrique is situated.

When an assessment is imposed under this section, sections 57 to 66 of the Act respecting fabriques (chapter F-1) shall apply as in the case of an assessment imposed under section 57 of the said Act.

R. S. 1964, c. 170, s. 51; 1965 (1st sess.), c. 55, s. 23; 1999, c. 40, s. 65.

57. When the Commission is of opinion that there is no more reason to consider a municipality in default, it shall render a decision to that effect and give a notice thereof to the municipality. Such notice shall, in addition, be published in accordance with section 40. From the date indicated by the Commission in such notice, the municipality declared in default under this Act shall cease to be so considered and shall resume all its powers.

The Commission may, in rendering its decision and by so specifying in the notice, order that certain provisions of this Act shall continue to apply to such municipality or reserve to itself the power to disallow any decision of the council of such municipality. In the latter event, the secretary-treasurer of the municipality must transmit forthwith to the Commission an authentic copy of the minutes of each of the meetings of the council. No such power of disallowance may be exercised more than thirty days after the receipt of such copy. Disallowance annuls the decision in question from the date on which such disallowance is pronounced.

The Commission may put an end to the reserved powers in the same manner as it may do to the declaration of default.

R. S. 1964, c. 170, s. 52; 1965 (1st sess.), c. 55, s. 24; 1985, c. 27, s. 72.

58. A fabrique in default shall continue to be subject to the authority of the bishop of the diocese in which its head office is situated, but the authorization or approval of the bishop shall not exempt the fabrique from the necessity of obtaining the authorization or approval of the Commission whenever it is required under this Act; furthermore, the bishop shall not, under section 6 of the Act respecting fabriques (chapter F-1), oblige a fabrique in default to do anything that involves an expenditure of moneys without the authorization of the Commission.

1965 (1st sess.), c. 55, s. 25; 1999, c. 40, s. 65.

59. At the request of the bishop of the diocese in which the head office of the fabrique in default is situated, the Commission may decide that such fabrique is no longer in default. Notice of such decision shall be given to the fabrique and published in conformity with section 40. From the date fixed by the Commission in its decision and mentioned in the notice, such fabrique shall cease to be in default and shall resume all its powers.

1965 (1st sess.), c. 55, s. 25; 1999, c. 40, s. 65.

60. The Commission may delegate to any one of its members, or to one or more other persons, the powers attributed to it by the provisions of Division III, of section 44 and of Division VIII, provided that such delegation of powers, and choice of the person or persons so named, be approved by the Minister.

R. S. 1964, c. 170, s. 53.

DIVISION IX SALE OF IMMOVABLES FOR TAXES

61. In the case of a municipality in default, the Commission may order an officer of the municipality, or any person whom it designates, to sell such immovables as it indicates on which the taxes exigible before the date stated in the notice of sale have not been paid at the time of the sale, with interest and costs.

The order shall fix the fees of the person in charge of the sale. Such fees, with the disbursements for searches in the registry office and the registrar’s fees, shall be included in the costs.

R. S. 1964, c. 170, s. 54.

62. The sale shall be by public auction, at the place mentioned in the order.

R. S. 1964, c. 170, s. 55.

63. Within 30 days of the order, the person designated shall give public notice of the day, hour and place of the sale. Such notice shall contain a description, according to the provisions of the Civil Code, of the immovables the sale whereof is so ordered, stating the name of the owner according to the property assessment roll, and it shall be posted up at the places where municipal notices are posted up. The notice must also, within the same period, be published twice in a newspaper circulated in the territory of the municipality.

If the publication of municipal notices is made in the newspapers, such publication of the aforesaid notice shall not be required and the person in charge of the sale shall post up the notice in two public places on the territory of the municipality.

However, for the purposes of this section, the description of an immovable that is a unit of assessment entered on the assessment roll separately from the land on which it is situated is made by the description of that land and a summary description of the immovable contemplated accompanied, if possible, with the name and address of its owner and any other indication that may help to identify it.

R. S. 1964, c. 170, s. 56; 1979, c. 72, s. 325; 1982, c. 63, s. 148; 1996, c. 2, s. 472; 1997, c. 93, s. 95; 1999, c. 40, s. 65; 2003, c. 19, s. 158.

64. The sale cannot be held before the expiration of the 15 days following the date of the second publication provided for in section 63.

Immediately upon the first publication of the notice, the person in charge of the sale must, by registered mail, transmit a copy of the notice to the registrar. The registrar shall notify the interested parties in the manner indicated by the Civil Code.

Failure to notify the registrar shall not render the proceedings null, but the person in default shall be liable for the damage resulting therefrom.

The person in charge of the sale shall, within 15 days from the second publication, cause a notice to be published, free of charge, in the Gazette officielle du Québec indicating in which newspaper and on what dates the publications provided for in section 63 were made.

R. S. 1964, c. 170, s. 57; 1975, c. 83, s. 84; 1982, c. 63, s. 149; 1999, c. 40, s. 65; 2000, c. 42, s. 138; I.N. 2016-01-01 (NCCP).

65. Within six days from the date of the first publication, the person in charge of the sale shall, by registered mail, give notice of such sale to each school board having jurisdiction over the territory in which an immovable advertised for sale is situated.

The school board receiving such notice may file a claim for the taxes due to it with the person in charge of the sale. The latter is authorized to add such amount to that owing for taxes to the municipality in default.

R. S. 1964, c. 170, s. 58; 1975, c. 83, s. 84; 1981, c. 27, s. 20; 1988, c. 84, s. 561; I.N. 2016-01-01 (NCCP).

66. If the immovables advertised for sale are burdened with an assessment for the construction or repair of churches, parsonages and cemeteries, the notice prescribed in section 65 shall be given to the parish trustees.

R. S. 1964, c. 170, s. 59.

67. At the time fixed for the sale, the person designated by the Commission shall sell to the highest bidder the immovables described in the notice upon which taxes which became exigible before the date fixed have not been paid, after making known the amount to be raised on each, including therein the costs of sale. The immovables shall be put up and sold separately, in the order in which they are described in the notice.

R. S. 1964, c. 170, s. 60.

67.1. The sale cannot be suspended except by an opposition taken to the Court of Québec of the district or to the Superior Court of the district, according to their respective jurisdiction, determined by the value of the immovable as entered on the valuation roll in force.

The provisions of articles 735 and following of the Code of Civil Procedure (chapter C-25.01), adapted as required, apply to such opposition.

In addition to the grounds mentioned in article 735 of the said Code, opposition to annul the seizure may be taken to the competent court for any cause likely to affect the claim of the municipality.

1986, c. 95, s. 97; 1988, c. 21, s. 66; I.N. 2016-01-01 (NCCP).

68. If all the immovables advertised cannot be sold on the day fixed, the sale shall be adjourned to the following working day that is not a Saturday, 26 December or 2 January by a verbal notice given to the persons present, and this may be done as often as necessary.

R. S. 1964, c. 170, s. 61; I.N. 2016-01-01 (NCCP).

69. The owner of the immovable shall not bid or become purchaser and, during the period for redemption, he may only recover the immovable by exercising the right of redemption.

If there be no outbid, the only bidder shall be purchaser.

The purchaser must pay the price immediately.

In default of immediate payment, the person in charge of the sale shall again put up the immovable for sale.

R. S. 1964, c. 170, s. 62; 1999, c. 40, s. 65.

70. On payment by the purchaser of the amount of his purchase price, the person in charge of the sale shall draw up in duplicate a certificate over his signature and deliver one of such duplicates to the purchaser.

The purchaser shall thereupon be seized of the ownership of the immovable adjudged, and may enter into possession thereof, subject to the right of redemption. He is, however, forbidden to remove any wood or constructions during the period granted for redemption.

R. S. 1964, c. 170, s. 63; 1999, c. 40, s. 65.

71. The purchaser who cannot secure delivery of the immovable may apply to a judge of the Superior Court of the district in which the immovable is situated, by an application served, with at least three days’ notice, upon any person refusing to relinquish the said immovable, and obtain an order, addressed to a bailiff, directing him to eject such person and to put the purchaser in possession, without prejudice to any recourse of the latter against such person for any damage suffered and costs incurred.

R. S. 1964, c. 170, s. 64; 1999, c. 40, s. 65; I.N. 2016-01-01 (NCCP).

72. Within the eight days following the closing of the sale, the person in charge thereof shall transmit to the registrar, by registered mail, a list of the immovables sold, with the name of the purchaser of each and a list of the immovables not sold.

R. S. 1964, c. 170, s. 65; 1975, c. 83, s. 84; I.N. 2016-01-01 (NCCP).

73. The proceeds of the sale of each immovable shall be transmitted by the person in charge of the sale to the Commission for distribution by the latter.

If no certified statement has been produced of instalments due of assessments for the construction or repair of churches, parsonages and cemeteries, and if the proceeds of the sale do not exceed the amount of the municipal and school taxes, with interest and costs, the Commission shall itself make the distribution of the proceeds of the sale.

In other cases, the Commission shall transmit the proceeds of the sale to the clerk of the Superior Court for the district in which the immovable is situated, for distribution according to law.

R. S. 1964, c. 170, s. 66.

74. If the immovable adjudged has not been redeemed within the period hereinafter mentioned, the purchaser shall remain the absolute owner thereof. Upon production of the certificate of adjudication and proof of payment of the municipal and school taxes which have meanwhile become exigible in respect of the same immovable, he shall be entitled, at the expiration of the said period, to a definitive deed of sale. Such deed shall be granted in the name of the municipality by the mayor or the secretary-treasurer by notarial deed, or by deed under private signature before two witnesses.

R. S. 1964, c. 170, s. 67; 1999, c. 40, s. 65.

75. A sale made in accordance with the above provisions shall convey the ownership of the immovable adjudged. It shall vest in the purchaser all the rights of the original owner, and purge the immovable from all hypothecs to which it may be subject, except instalments not yet due of constituted rents, of rents substituted for seigniorial rights, of special taxes, of school taxes and of assessments for the construction or repair of churches, parsonages and cemeteries.

Instalments owing of taxes payable to another municipality and of the assessments above mentioned can only be collocated after the taxes owed to the municipality in default, unless there has been lodged with the person in charge of the sale, at least six days before the sale, a certified statement of such instalments owing.

The registration of the deed of sale shall have the effect of cancelling the registration of the hypothecs affecting the immovable and purged by the sale.

The adjudication of an immovable to the municipality interested by reason of a prior claim or legal hypothec upon the said immovable shall purge the latter from constituted rents, rents under emphyteusis and rents substituted for seigniorial dues, from the date of the adjudication and as long as the immovable shall remain the property of such municipality. Such rents shall again affect the immovable, but for the future only, from the date on which the immovable ceases to be the property of the municipality.

R. S. 1964, c. 170, s. 68; 1992, c. 57, s. 501; 1999, c. 40, s. 65.

76. The action to annul the sale of an immovable made under the foregoing provisions, and the right to invoke any illegality, shall be prescribed by two years to be computed from the date of the adjudication.

Such a sale may be rescinded with the consent of the interested municipality, school board or fabrique, the owner and the purchaser.

R. S. 1964, c. 170, s. 69; 1996, c. 2, s. 473.

77. Any immovable sold under the foregoing provisions may be redeemed by the owner, or his representatives, by paying to the secretary-treasurer of the municipality contemplated in section 61 the price of sale, including the cost of the certificate of adjudication and of the registration, with interest at 10% per annum, every fraction of a year counting as a full year.

Such right of redemption may be exercised, in respect of an immovable situated in the territory of a municipality governed by the Cities and Towns Act (chapter C-19), only during the year following the date of the adjudication. In the case of any other immovable, the time limit shall be two years.

R. S. 1964, c. 170, s. 70; 1996, c. 2, s. 474; 1999, c. 40, s. 65; 2000, c. 56, s. 131.

78. The redemption shall be evidenced by a certificate in triplicate, one of the triplicates being delivered to the owner and another sent to the registrar, all at the owner’s cost.

The registration of such certificate shall effect cancellation of the registration of the certificate of adjudication and shall reestablish the owner in the rights which he had in the immovable at the time of the sale, subject to the hypothecs which then encumbered the immovable and which have not been discharged through the distribution of the price.

The secretary-treasurer must give the purchaser notice of the redemption, by registered mail sent to his last known address, and, on demand, he must remit to the latter the amount collected, retaining 2% for his fees, and deducting the municipal and school taxes which have become due since the adjudication and which are unpaid.

R. S. 1964, c. 170, s. 71; 1975, c. 83, s. 84; 1992, c. 57, s. 502; I.N. 2016-01-01 (NCCP).

79. Any person may, without authorization and upon the same conditions, redeem the immovable in the name of the person who was the owner thereof at the time of sale, and so acquire the right to be reimbursed, by the latter, the amount paid with interest at the rate of 8% per annum.

The certificate of redemption shall identify the person who effected the redemption.

R. S. 1964, c. 170, s. 72; 1992, c. 57, s. 503.

80. The purchaser may claim from the owner, or the person who redeems in the name of the owner, the cost of necessary repairs and improvements made by him to the immovable, even if they are then no longer existent, with interest at 5% per annum.

The purchaser shall, for such claim, have a right of retention on the immovable, in which right the person redeeming in the owner’s name shall be subrogated, pleno jure, upon paying the purchaser.

R. S. 1964, c. 170, s. 73; 1992, c. 57, s. 504.

81. (Repealed).

R. S. 1964, c. 170, s. 74; 1996, c. 2, s. 475.

82. When immovables are put up for sale under the foregoing provisions, the municipality concerned which is in default may bid upon and purchase such immovables through the agency of a person authorized by the Commission, without being obliged to pay the purchase price forthwith.

Bids in the municipality’s name must not, however, in any case, exceed the amount of the taxes in principal, interest and costs, plus a sufficient sum to satisfy every prior or hypothecary claim of a prior or equal rank to that of the taxes owing to the municipality.

R. S. 1964, c. 170, s. 75; 1992, c. 57, s. 505.

83. The immovables so purchased shall be entered on the valuation roll in the name of the municipality and, during the period for redemption, shall be assessed as any other immovable. However, the taxes so imposed shall not be exigible from the municipality.

If the right of redemption is exercised, the redemption price must include the amount of the taxes so imposed on such immovable from the date of the adjudication to the date of the redemption, or the instalments due on such taxes if they are payable by instalments.

In addition, if the price of the adjudication to the municipality has not wholly accounted for the taxes and costs to be levied, the balance owing must be added, with the ten per cent interest, in fixing the amount payable to exercise the right of redemption.

R. S. 1964, c. 170, s. 76; 1999, c. 40, s. 65.

84. The registration of any document giving effect to the adjudication of an immovable to the municipality concerned which is in default, and any cancellation resulting therefrom, shall be effected free of charge.

R. S. 1964, c. 170, s. 77.

DIVISION X AUDITS OF MUNICIPALITIES AND MUNICIPAL BODIES

1984, c. 38, s. 92; 2018, c. 8, s. 114.

85. The Commission is the auditor of the accounts and affairs of the following municipalities and municipal bodies:

(1)  the Communauté métropolitaine de Montréal and the Communauté métropolitaine de Québec;

(2)  every regional county municipality;

(3)  every local municipality having less than 100,000 inhabitants;

(4)  every legal person

(a)  that is part of the reporting entity defined in the financial statements of a local municipality having less than 100,000 inhabitants or of a regional county municipality;

(b)  of which a local municipality having less than 100,000 inhabitants, a regional county municipality or a mandatary of either appoints more than 50% of the members of the board of directors; or

(c)  of which a local municipality having less than 100,000 inhabitants, a regional county municipality or a mandatary of either holds more than 50% of the outstanding voting shares or units; and

(5)  any body referred to in the first paragraph of section 573.3.5 of the Cities and Towns Act (chapter C-19) that is not a legal person referred to in subparagraph 4 or in the first paragraph of section 107.7 of that Act, provided

(a)  in the case of a body referred to in subparagraph 1 of the first paragraph of section 573.3.5 of the Cities and Towns Act, it is the mandatary or agent of at least one local municipality having less than 100,000 inhabitants or one regional county municipality;

(b)  under subparagraph 2 of the first paragraph of that section, its board of directors includes at least one member who is a member of the council of, or was appointed by, a local municipality having less than 100,000 inhabitants or a regional county municipality;

(c)  its budget is adopted or approved by at least one local municipality having less than 100,000 inhabitants or one regional county municipality;

(d)  in the case of a body referred to in subparagraph 4 of the first paragraph of that section, part of the funds it receives from municipalities comes from a local municipality having less than 100,000 inhabitants or a regional county municipality; or

(e)  in the case of a body designated under subparagraph 5 of the first paragraph of that section, it has its principal place of business in the territory of a local municipality having less than 100,000 inhabitants or of a regional county municipality.

On an application by the council of a municipality, the Commission may also act as auditor of the chief auditor appointed under section 107.2 of the Cities and Towns Act; such an audit includes, to the extent considered useful by the Commission, auditing of operations to verify their compliance with the Acts, regulations, policies and directives applicable to the chief auditor, and value-for-money auditing.

R. S. 1964, c. 170, s. 78; 1984, c. 38, s. 92; 2018, c. 8, s. 114; 2019, c. 28, s. 132.

86. Audits of the accounts and affairs of metropolitan communities and regional county municipalities, of municipalities having less than 10,000 inhabitants, and of the municipal bodies referred to in subparagraphs 4 and 5 of the first paragraph of section 85 that are related to those municipalities in the manner provided for in those subparagraphs include, to the extent considered appropriate by the Commission, auditing their operations to verify the latter’s compliance with the Acts, regulations, policies and directives applicable to them, and value-for-money auditing.

Audits of the accounts and affairs of municipalities having at least 10,000 but less than 100,000 inhabitants and of the municipal bodies referred to in subparagraphs 4 and 5 of the first paragraph of section 85 that are related to those municipalities in the manner provided for in those subparagraphs include, to the extent considered appropriate by the Commission, auditing their operations to verify the latter’s compliance with the Acts, regulations, policies and directives applicable to them. Such audits also include, in the case of a municipality where a by-law adopted under section 108.2.0.2 of the Cities and Towns Act (chapter C-19) or article 966.2.2 of the Municipal Code of Québec (chapter C-27.1) is in force, value-for-money auditing of both the municipality and the bodies referred to in subparagraphs 4 and 5 of the first paragraph of section 85 that are related to it in the manner provided for in those subparagraphs.

Such audits are to be conducted at the times and intervals and in the manner determined by the Commission.

If, under this section, section 107.7 or 108.2.0.1 of the Cities and Towns Act or article 966.2.1 of the Municipal Code of Québec, a mandate to audit certain aspects of the accounts and affairs of a body referred to in section 573.3.5 of the Cities and Towns Act is entrusted to more than one auditor, the audit of those aspects must be conducted exclusively by the following designated auditor:

(1)  the chief auditor of the municipality with the largest population;

(2)  if no chief auditor of a municipality is concerned, the Commission municipale du Québec; or

(3)  if neither a chief auditor of a municipality nor the Commission is concerned, the external auditor of the municipality with the largest population.

R. S. 1964, c. 170, s. 79; 1984, c. 38, s. 92; 2018, c. 8, s. 114.

86.1. An audit conducted in accordance with sections 85 and 86 must not call into question the merits of the policies and objectives of the municipalities, chief auditors or bodies whose accounts and affairs are being audited.

2018, c. 8, s. 114.

86.2. Any municipality or municipal body subject to audit under section 85, as well as its officers and employees, is required to provide the Commission, on request, with the records, reports, documents or data, in whatever form, that the Commission considers necessary for the purposes of its mandate. They must also provide it with any relevant information or explanation.

The Commission may make copies of the records, reports, documents or data obtained in accordance with the first paragraph.

2018, c. 8, s. 114.

86.3. For the purposes of its audit mandate, the Commission may assign its employees, experts and technicians to a municipality or municipal body referred to in section 85. The municipality or municipal body must provide them with the premises the Commission considers necessary.

2018, c. 8, s. 114.

86.4. The Commission may also audit the records, files, documents and accounts of a person, establishment, institution, body, association or enterprise as regards the use made of any assistance granted by a municipality or municipal body referred to in section 85.

The recipient of assistance and its employees are required to provide the Commission, on request, with any document or data, in whatever form, that the Commission considers necessary for the purposes of the mandate provided for in the first paragraph. They must also provide it with any relevant information or explanation.

The Commission may make copies of the documents or data obtained in accordance with the second paragraph.

2018, c. 8, s. 114.

86.5. The auditor of the accounts and affairs of a recipient of assistance referred to in section 86.4 must, at the Commission’s request, promptly transmit to the Commission a copy of

(1)  the recipient’s annual financial statements;

(2)  the auditor’s report on those statements; and

(3)  any other report made to the recipient’s board of directors, executive or chief executive officer, as the case may be, on the auditor’s findings and recommendations.

2018, c. 8, s. 114.

86.6. Not later than 30 September each year, the Commission must report on the results of the audit of each municipality or body referred to in section 85 that the Commission conducted for the fiscal year ended on the preceding 31 December.

The report must indicate any fact, irregularity or deficiency the Commission considers advisable to bring up with the municipality or body.

The Commission may also, at any other time, transmit to a municipality or body referred to in section 85 a report presenting any findings or recommendations that, in its opinion, warrant being brought to the attention of the municipality or body.

In any report it produces, the Commission must disclose any situation that could cause a conflict between the interest of any of its commissioners or employees and his duties of office.

2018, c. 8, s. 114.

86.7. The Commission must transmit any report made under section 86.6 to the municipality or body that was audited or that is the subject of the report’s findings or recommendations.

If a report concerns a municipal body referred to in subparagraph 4 or 5 of the first paragraph of section 85 or the audit of such a body, it must also be transmitted to the municipality related to the body under that subparagraph.

If a report concerns a chief auditor of a municipality having 100,000 inhabitants or more, it must also be transmitted to that municipality.

If a report concerns a recipient of assistance subject to section 86.4, it must be transmitted to the recipient and to the municipality or municipal body that granted the assistance.

Any report transmitted under this section must be simultaneously transmitted to the Minister and published on the Commission’s website.

2018, c. 8, s. 114.

86.8. Any Commission report received by a metropolitan community or a municipality under section 86.7 must be tabled at the first meeting of its council following receipt of the report.

2018, c. 8, s. 114.

86.9. Despite any other general law or special Act, the Commission’s members, secretary and employees, experts and technicians may not be compelled to give testimony relating to information obtained in the exercise of their audit functions or to produce any document containing such information. A judge of the Court of Appeal may, on an application, summarily annul any proceeding instituted or decision rendered contrary to this paragraph.

Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised, nor any injunction granted, against the Commission, the employees under its direction or the experts or technicians whose services it retains when the Commission, employees, experts or technicians are acting in their official capacity in the exercise of its or their audit functions.

2018, c. 8, s. 114.

86.10. The Commission may not audit the accounts or affairs of a municipality for which it performs the functions of officer or director, makes managerial decisions or performs managerial functions, or of a body related to such a municipality, nor for a period during which it performed such functions.

2018, c. 8, s. 114.

DIVISION XI GENERAL PROVISIONS

87. The Commission may, by a majority vote of its members, make rules regulating its procedure and the carrying out of this Act, insofar as may not be inconsistent with this Act.

Such rules shall come into force, after being approved by the Government, from the date of their publication in the Gazette officielle du Québec.

R. S. 1964, c. 170, s. 80; 1985, c. 27, s. 73; 1997, c. 43, s. 190.

88. Any summons notified to a witness may be signed by a member of the Commission or by the secretary and shall be served in the same manner as a summons of the Superior Court, or is notified by registered mail.

R. S. 1964, c. 170, s. 81; 1975, c. 83, s. 84; I.N. 2016-01-01 (NCCP).

89. Every bailiff is exofficio a bailiff of the Commission, and may make a return under his oath of office of any service made or other proceeding taken by him.

If any person fraudulently evades any service, the Commission may, upon a return to that effect, prescribe whatever mode of notification it deems proper.

R. S. 1964, c. 170, s. 82; 1974, c. 13, s. 36; I.N. 2016-01-01 (NCCP).

90. (Repealed).

R. S. 1964, c. 170, s. 83; 1969, c. 21, s. 35; 1986, c. 95, s. 98.

91. The Commission, each of its members or any delegate, may,—

(1)  At any reasonable time, have access to and inspect any place, building or work being the property of any municipality or under the control of the latter;

(2)  Inspect any work, structure, rolling-stock or other property of such municipality;

(3)  In cases not specially provided for by this Act, require the attendance of all such persons as it or he thinks fit to summon and examine, and take the testimony of such persons, and require the production of any book, by-law or document;

(4)  Administer oaths;

The member of the Commission or his delegate shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

And shall have the same powers as those mentioned in the first paragraph of section 23 to summon witnesses, enforce their attendance and compel them to give evidence and produce the books and documents which they may be required to produce.

This section does not apply when the Commission exercises, under Division X, its audit functions with regard to municipalities and municipal bodies.

R. S. 1964, c. 170, s. 84; 1986, c. 95, s. 99; 1999, c. 40, s. 65; 2018, c. 8, s. 115.

92. The Commission may direct in any order that it issues that such order or any portion thereof shall come into force at a future time, or upon the happening of any contingency in such order specified, or upon the performance to the satisfaction of the Commission, or person named by it, of any conditions which the Commission may impose, and the Commission may direct that the whole or any portion of such order shall have force for a limited time, or until the happening of a specified event.

R. S. 1964, c. 170, s. 85.

93. When any order of the Commission requires any work, act or thing to be performed or done within a specified time, the Commission may extend the time so specified.

R. S. 1964, c. 170, s. 86.

94. Every municipality or fabrique shall, as soon as possible after having received or having been notified with any order or other document on behalf of the Commission, notify the same to each of its officers and servants performing duties which are or may be affected thereby, by delivering a copy thereof to him or by posting up a copy thereof in some place where his work or duties or some of them are to be performed.

R. S. 1964, c. 170, s. 87; 1965 (1st sess.), c. 55, s. 26; I.N. 2016-01-01 (NCCP).

95. The Commission shall be bound to supply the Minister with the reports which the latter may require.

R. S. 1964, c. 170, s. 88.

96. This Act applies to Ville de Montréal from May, 1934, only.

R. S. 1964, c. 170, s. 89; 1965 (1st sess.), c. 55, s. 27; 1996, c. 2, s. 476.

97. It shall be lawful for the Commission to enact, upon the conditions to be fixed by the said Commission, that the provisions of section 367 of the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) shall not apply to one or to several municipalities.

R. S. 1964, c. 170, s. 90 (part); 1988, c. 84, s. 699.

98. With the general or special authorization of the Government, the Commission may obtain loans from the Municipal Development and Loan Board for the purpose of making loans to municipalities.

For such purposes, the Commission may issue bonds or other securities and determine the form, amount, maturity, rate of interest and other conditions thereof; make loans to municipalities and determine the form, amount, maturity, rate of interest and other conditions thereof; acquire bonds or other securities of municipalities, give the same as security for its own loans or otherwise dispose thereof.

The Commission, when it has granted a loan to a municipality with moneys borrowed from the Municipal Development and Loan Board, shall allow to such municipality a rebate equivalent to the amount that may be forgiven by the Board and shall not charge a higher rate of interest than it is obliged to pay to the Board.

R. S. 1964, c. 170, s. 91.

99. (Repealed).

R. S. 1964, c. 170, s. 92; 1972, c. 60, s. 35; 1981, c. 27, s. 21; 1984, c. 38, s. 93.

100. Where a municipal council can no longer validly sit, the Commission may, as long as such situation lasts, pass by resolution any measure which it deems necessary for the administration of the municipality.

In the case provided for in the first paragraph, where the mayor and the acting mayor are unable to act or where the offices of mayor and acting mayor are vacant, the Commission or a person designated for that purpose may perform the functions of the mayor.

The acts so done shall have the same effect, in all respects, as if the council itself or the mayor himself had acted.

1970, c. 45, s. 9; 1985, c. 27, s. 74; 1987, c. 93, s. 5.

100.1. Not later than 30 September each year, the Commission shall submit to the Minister of Municipal Affairs, Regions and Land Occupancy a report of its activities for the fiscal year of the Government ended on the preceding 31 March. The report shall give an account of the Commission’s activities under the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) and of the nature and conclusions of any inquiries held under that Act.

The report shall be tabled in the National Assembly within 30 days after receipt thereof if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or resumption.

1989, c. 39, s. 5; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 27, s. 38.

101. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 170 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except the second paragraph of section 90, effective from the coming into force of chapter C-35 of the Revised Statutes.