m-22.1 - Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Updated to 1 April 2010

This document has official status.

chapter M-22.1

Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

The Ministère des Affaires municipales, des Régions et de l’Occupation du territoire is designated under the name of Ministère des Affaires municipales et de l’Occupation du territoire. Order in Council 368-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1876.

1999, c. 43, s. 1; 2003, c. 19, s. 204; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

DIVISION I ORGANIZATION OF THE DEPARTMENT

1. The Ministère des Affaires municipales, des Régions et de l’Occupation du territoire is under the direction of the Minister of Municipal Affairs, Regions and Land Occupancy appointed under the Executive Power Act (chapter E-18).

1984, c. 40, s. 1; 1999, c. 43, s. 2; 2003, c. 19, s. 205; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

The Minister Responsible for Housing exercises the functions and responsibilities of the Minister of Municipal Affairs, Regions and Land Occupancy, as responsible for housing, under this Act. Order in Council 1801-2022 dated 14 December 2022, (2023) 155 G.O. 2 (French), 59.

2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Municipal Affairs, Regions and Land Occupancy.

1984, c. 40, s. 2; 1999, c. 43, s. 3; 2003, c. 19, s. 206; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

3. Under the direction of the Minister, the Deputy Minister shall administer the department.

He shall, in addition, perform any other duty assigned to him by the Government or the Minister.

1984, c. 40, s. 3.

4. In the discharge of his duties, the Deputy Minister has the authority of the Minister.

1984, c. 40, s. 4.

5. The Deputy Minister may in writing and to the extent he indicates delegate the exercise of powers vested in him by this Act to a public servant or the holder of a position.

In the deed of delegation, the Deputy Minister may authorize the subdelegation of the powers he indicates; in such a case, he shall identify the holder of a position or the public servant to whom the power may be subdelegated.

1984, c. 40, s. 5.

6. The staff of the department consists of the public servants required for the discharge of the Minister’s duties; they are appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.

1984, c. 40, s. 6; 2000, c. 8, s. 242.

DIVISION II RESPONSIBILITIES OF THE MINISTER

1999, c. 43, s. 4.

§ 1 . — Municipal affairs

1999, c. 43, s. 5.

7. The Minister shall see to the good administration of the municipal system in the interest of the municipalities and their citizens.

The Minister shall, in particular,

(1)  see to the organization and maintenance of municipal institutions where justified by the population;

(2)  promote the exercise of democratic procedure in municipalities, particularly by fostering participation in municipal institutions;

(3)  ascertain that the municipal administration is providing sound management of public moneys and is seeing to the welfare of persons within the limits of its jurisdiction;

(4)  supervise the administration and enforcement of the Acts respecting the municipal system;

(5)  assist and support the municipalities in the discharge of their duties;

(6)  advise the Government, other departments and public bodies, and, as the need arises, make recommendations to them on any matter regarding their activities where these affect municipal affairs;

(7)  (subparagraph repealed);

(8)  conduct or commission research, surveys or analyses in municipal affairs.

1984, c. 40, s. 7; 1988, c. 46, s. 2; 1999, c. 40, s. 186.

7.0.1. As Minister responsible for housing, the functions and powers of the Minister shall particularly consist in

(1)  carrying out or causing to be carried out research, studies, inquiries or inventories on the housing needs and housing conditions of the population;

(2)  establishing, in co-operation with the departments, governmental or municipal bodies, groups or individuals concerned, the needs, priorities and goals for all housing sectors in Québec;

(3)  promoting the improvement of housing conditions and citizens’ access to home ownership by any means he may deem proper, including the establishment of financial assistance programs for housing;

(4)  fostering the development and implementation of programs for the construction, acquisition, fitting up, restoration and administration of housing;

(5)  stimulating the development and coordination of public and private initiatives in the field of housing.

1994, c. 12, s. 47.

7.1. (Repealed).

1994, c. 17, s. 56; 2003, c. 19, s. 207; 2005, c. 28, s. 120.

8. (Repealed).

1984, c. 40, s. 8; 1999, c. 43, s. 6.

9. (Repealed).

1984, c. 40, s. 9; 1999, c. 43, s. 6.

10. (Repealed).

1984, c. 40, s. 10; 1999, c. 43, s. 6.

11. Where the Minister is empowered under a legislative provision to approve, authorize or disallow a regulation, a resolution or any other act, he may, before making his decision, seek the advice of the Commission municipale du Québec.

1984, c. 40, s. 11.

12. The Minister may give advice or make recommendations to the council of a municipal body on any aspect of the administration of the body.

1984, c. 40, s. 12; 2010, c. 1, s. 45.

13. Any advice or recommendation referred to in section 12 shall be sent to the most senior officer and to the secretary of the municipal body by registered or certified mail. The most senior officer and the secretary shall refer any advice or recommendation received to the council at its next regular sitting. If the advice or recommendation is sent to a municipal body other than a local municipality, the Minister shall send a copy to any local municipality with ties to the municipal body.

If the Minister so orders in the letter sent by registered or certified mail, the secretary shall publish the letter or, as applicable, a summary provided by the Minister, in the manner prescribed for the publication of the public notices of the municipal body or, if no publication rules exist, in the manner prescribed by the Minister.

For the purposes of this section,

“most senior officer” means, in the case of a local municipality, a regional county municipality or a metropolitan community and any other municipal body, the mayor, warden, or chair, respectively;

“secretary” means

(1)  in the case of a local municipality or a regional county municipality, the secretary-treasurer or the clerk; or

(2)  in the case of a metropolitan community or any other municipal body, the secretary.

1984, c. 40, s. 13; 2010, c. 1, s. 46.

14. The Minister may, following a verification under section 15 or an investigation under section 16 or under subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), give instructions to the council of the municipal body that was the object of the verification or investigation. The council shall comply with the instructions and take the measures prescribed by the Minister.

Section 13 applies, adapted as required, to the Minister’s instructions.

1984, c. 40, s. 14; 2009, c. 26, s. 72; 2010, c. 1, s. 47.

14.1. The Minister shall post any advice, recommendation or instruction given under section 12 or 14 on the department’s website.

2010, c. 1, s. 48.

15. A person designated in writing by the Minister to conduct a verification may, in order to ascertain that the Acts under the responsibility of the Minister are being properly enforced,

(1)  enter the office of a municipal body at any reasonable time;

(2)  examine and make a copy of any document relating to the affairs of the municipal body; and

(3)  require from any public servant, employee or member of the council of the municipal body, any information or document relating to the application of the Acts under the responsibility of the Minister.

A person having custody, possession or control of such documents must, on request, make them available to the person designated by the Minister.

The designation contemplated in the first paragraph may be in respect of all municipal bodies or envisage only one or a certain group of them. It may be valid for a specified period or until revoked.

A designated person who conducts a verification shall make a report to the Minister.

1984, c. 40, s. 15; 1986, c. 95, s. 188; 2010, c. 1, s. 49.

16. Where justified in the public interest, the Minister may, in writing, require a person to investigate the conduct of an officer or employee of a municipal body.

1984, c. 40, s. 16; 2010, c. 1, s. 50.

16.1. Despite any general law or special Act, persons designated under section 15 or 16 may not be compelled to give testimony relating to information obtained in the performance of their duties or to produce a document containing such information.

Such persons may not be prosecuted by reason of an act they have done or failed to do in good faith in the performance of their duties.

Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised nor an injunction granted against persons designated under section 15 or 16, if acting in their official capacity.

A judge of the Court of Appeal may, on a motion, summarily annul any proceeding instituted or decision rendered contrary to the first paragraph.

2010, c. 1, s. 51.

17. A person designated in accordance with section 15 or section 16 shall, at the request of a member of the council or of an officer or employee of the visited municipal body, identify himself and produce proof of his designation.

1984, c. 40, s. 17; 1986, c. 95, s. 189; 2010, c. 1, s. 52.

17.0.1. For the purposes of sections 12 to 17, “municipal body” means a legal person described 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).

2010, c. 1, s. 53.

§ 2 . — Greater Montréal

1999, c. 43, s. 7.

17.1. The mission of the Minister shall be to promote and support the economic, cultural and social development of Greater Montréal, to oversee the interdepartmental coordination of government activities that concern Greater Montréal and to ensure its continued advancement, dynamism and influence.

The Minister’s action, undertaken in consultation with the ministers concerned, shall focus in particular on the promotion of economic development and tourism, land use and development and the organization of transportation and transportation systems in Greater Montréal.

By such action, the Minister shall promote, within the framework of government guidelines and policies, job creation in the territory of Greater Montréal.

The responsibilities of the Minister as regards Greater Montréal shall be exercised in respect of the territory described in Schedule A. The Government shall amend the schedule as required so that the territory it describes continues to correspond to the metropolitan census area.

1999, c. 43, s. 7; 2006, c. 8, s. 18.

17.2. The Minister shall act as a catalyst and consensus-maker for the promotion of the interests of Greater Montréal, by facilitating dialogue between

(1)   the State and the private sector, so that their interventions may complement each other;

(2)  private partners, so that their participation in the development of Greater Montréal may intensify and be effected harmoniously;

(3)  the Gouvernement du Québec, the Communauté métropolitaine de Montréal and the municipalities, so as to foster a unified line of action;

(4)  the Gouvernement du Québec and the Government of Canada.

In addition, the Minister shall seek to increase the convergence and effectiveness of the actions taken by local and regional authorities within Greater Montréal. The Minister shall, in collaboration with such authorities, develop mechanisms to simplify the decision-making process for decisions involving the whole of the metropolitan area.

1999, c. 43, s. 7; 2000, c. 56, s. 166.

17.3. The Minister is, by virtue of the office of Minister, the adviser of the Government in all matters relating to Greater Montréal. The Minister shall provide the ministers of the various government departments with such advice as the Minister considers appropriate to promote the interests of Greater Montréal, and shall coordinate and ensure the coherence of government activities involving the whole of the metropolitan area. In the Minister’s capacity as adviser of the Government,

(1)  the Minister shall participate in the preparation of departmental measures and decisions having a significant impact on Greater Montréal ;

(2)  the Minister’s opinion must be sought for any measure having a significant impact on Greater Montréal, before it is submitted to the Conseil du trésor or the Government for a decision.

1999, c. 43, s. 7.

17.4. The Minister shall draw up guidelines and policies designed to further the development of Greater Montréal, propose them to the Government, and supervise their implementation.

More specifically, the Minister

(1)  may, together with the government departments and bodies concerned, agree on cooperative arrangements to facilitate the development and implementation of the guidelines and policies ;

(2)  shall provide financial support, on the conditions determined by the Minister, for actions undertaken to develop and promote Greater Montréal ;

(3)  shall provide the services the Minister considers necessary to any person, association, partnership or body ;

(4)  may conduct or commission research, inventories, studies and surveys, and make them public.

1999, c. 43, s. 7.

17.5. The Minister and the Communauté métropolitaine de Montréal or the municipalities whose territories form part of Greater Montréal may enter into agreements. Such agreements may depart from the provisions of the Municipal Aid Prohibition Act (chapter I‐15).

1999, c. 43, s. 7; 2000, c. 56, s. 167.

§ 2.1 . — Regions

2006, c. 8, s. 19.

17.5.1. The mission of the Minister is to support regional development, particularly by fostering coordinated and concerted action between the various stakeholders in that development, with a view to enabling local and regional communities to take responsibility for regional development in partnership with the State.

2006, c. 8, s. 19.

17.5.2. The Minister shall develop policies with a view to encouraging local and regional development, and propose them to the Government.

The Minister shall coordinate the implementation of those policies and follow them up in coordination with any government departments and bodies concerned.

2006, c. 8, s. 19.

17.5.3. The functions and powers of the Minister are, more particularly,

(1)  to increase the effectiveness of initiatives aimed at stimulating local and regional development by promoting the harmonization, simplification and accessibility of support services for local and regional development;

(2)  to ensure that government action to support local and regional development is coherent and concordant by taking part in the development of related measures and ministerial decisions and giving an opinion whenever appropriate;

(3)  to frame, coordinate and implement, in collaboration with any other government department concerned, regional development strategies and assistance programs, particularly for municipalities or territories with specific problems;

(4)  to be responsible, in conjunction with recognized local and regional authorities, for the funds made available to such authorities and administer the other sums entrusted to the Minister for the carrying out of local or regional development projects;

(5)  to provide financial and technical support for action promoting local and regional development, subject to the conditions determined by the Minister under government guidelines and policies; and

(6)  to facilitate the development and signing of agreements, particularly between regional conferences of elected officers and government departments and bodies.

2006, c. 8, s. 19.

§ 3 . — General powers

1999, c. 43, s. 7.

17.6. The Minister shall draw up and propose policies to the Government that concern the activities of the department. The Minister shall direct and coordinate the implementation of such policies.

1999, c. 43, s. 7.

17.6.1. The Minister may, after consultation with the bodies representing municipalities including the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM), establish management indicators that relate to the administration of municipal bodies and prescribe the conditions and procedures for the implementation of the indicators in municipal bodies.

The Minister may, for that purpose, classify municipal bodies into categories and establish management indicators or conditions and procedures of implementation that may vary according to the categories of municipal bodies.

The Minister may also prescribe the manner in which municipal bodies are to provide citizens with the information determined by the Minister regarding the results measured using the management indicators.

The Minister may exempt any municipal body from the application of management indicators for any period the Minister determines.

For the purposes of this section, “municipal bodies” means the bodies referred to in section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2002, c. 37, s. 241; 2003, c. 19, s. 208.

17.7. The Minister may, in the exercise of the Minister’s responsibilities,

(1)  obtain from the government departments and from government or municipal bodies any available information necessary for the performance of the Minister’s functions ;

(2)  enter into an agreement according to law with any government other than that of Québec, any Minister of such a government, any international organization or any agency of such a government or organization.

The Minister may also enter into an agreement with any person, association, partnership or body concerning any matter under the jurisdiction of the Minister.

1999, c. 43, s. 7.

17.8. The Minister shall table a report on the activities of the department for each fiscal year in the National Assembly within six months of the end of the fiscal year or, if the Assembly is not sitting, within 30 days of resumption. The report must take into account the activity reports of the regional conferences of elected officers forwarded to the Minister under section 21.13.

Where in the fiscal year for which the report is tabled, the Minister exercised the power granted to the Minister by any of sections 573.3.1 of the Cities and Towns Act (chapter C-19), article 938.1 of the Municipal Code of Québec (chapter C-27.1), section 113 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), section 106 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) and section 103 of the Act respecting public transit authorities (chapter S-30.01), the report must in particular indicate in respect of which body referred to in those provisions the power was exercised, the object of the contract for which it was exercised and the grounds justifying the exercising of the power.

1999, c. 43, s. 7; 2002, c. 37, s. 242; 2006, c. 8, s. 20.

DIVISION III DEPARTMENTAL DOCUMENTS

18. Any document bearing the signature of the Minister or the Deputy Minister is binding on the Minister.

The signature of a document by a public servant is not binding on the Minister and is attributable to the Minister only in the cases determined by regulation of the Government published in the Gazette officielle du Québec.

1984, c. 40, s. 18.

19. The Government, by regulation published in the Gazette officielle du Québec, may, on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.

1984, c. 40, s. 19.

20. Any copy of a document forming part of the records of the department, certified by the Minister, the Deputy Minister or a person designated in writing by the Minister, is authentic.

1984, c. 40, s. 20.

DIVISION IV AUDITORS OF MUNICIPALITIES

21. Every member of a professional order of accountants mentioned in the Professional Code (chapter C-26) may act as auditor to a municipality.

1984, c. 40, s. 21; 1994, c. 40, s. 457.

DIVISION IV.1 TABLE QUÉBEC-MUNICIPALITÉS

1998, c. 31, s. 100.

21.1. The Table Québec-Municipalités shall advise the Minister on any question submitted to it by the Minister.

1998, c. 31, s. 100.

21.2. The Minister shall determine the composition of the Table Québec-Municipalités.

1998, c. 31, s. 100.

DIVISION IV.2 TABLE QUÉBEC-RÉGIONS

2006, c. 8, s. 21.

21.3. The Table Québec-régions shall advise the Minister on any matter submitted to it by the Minister.

2006, c. 8, s. 21.

21.4. The Minister shall determine the composition of the Table Québec-régions.

2006, c. 8, s. 21.

DIVISION IV.3 REGIONAL CONFERENCES OF ELECTED OFFICERS

2006, c. 8, s. 21.

§ 1 . — General provisions

2010, c. 3, s. 307.

21.5. A regional conference of elected officers is hereby established for each administrative region of Québec.

However, for the Montérégie administrative region, three regional conferences of elected officers are hereby established, more specifically one for the urban agglomeration of Longueuil described in section 6 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001), one for the territories of the regional county municipalities of Beauharnois-Salaberry, Haut-Saint-Laurent, Jardins-de-Napierville, Roussillon and Vaudreuil-Soulanges, and one for the territories of the regional county municipalities of Acton, Brome-Missisquoi, La Haute-Yamaska, La-Vallée-du-Richelieu, Lajemmerais, Bas-Richelieu, Haut-Richelieu, Maskoutains and Rouville.

For the Nord-du-Québec administrative region, a regional conference of elected officers is hereby established for the territory of the Municipalité de Baie-James and the territories of the cities of Chapais, Chibougamau, Lebel-sur-Quévillon and Matagami, while the Kativik Regional Government and the Cree Regional Authority are deemed to act as the regional conference of elected officers for their respective communities.

A regional conference of elected officers is a legal person.

2006, c. 8, s. 21.

21.6. A regional conference of elected officers is the primary interlocutor of the Government for the territory or community it represents as regards regional development.

The Minister shall enter into an agreement with the regional conference of elected officers determining the conditions that the regional conference undertakes to fulfill and the role and responsibilities of each of the parties.

2006, c. 8, s. 21.

21.7. The mandate of a regional conference of elected officers consists primarily in evaluating local and regional planning and development bodies funded in whole or in part by the Government, promoting concerted action among partners in the region and, where warranted, giving advice to the Minister on regional development matters.

The regional conference of elected officers shall establish a five-year development plan that identifies general and specific development objectives for the region in keeping with sustainable development and taking foremost account of young people’s participation and, in accordance with the principles of equality and parity, women’s participation, in the democratic life of the region.

The five-year development plan must also take into account regional workforce and employment strategies and objectives defined by the regional council of labour market partners in its territory and, if applicable, the metropolitan land use and development plan as well as the general economic development plan adopted by the metropolitan community in its territory.

The regional conference of elected officers may enter into specific agreements with government departments or bodies and, where warranted, other partners, to exercise its powers and responsibilities, particularly in order to implement regional priorities and to adapt government activities to regional characteristics. A specific agreement entered into with a municipality or a mandatary of a municipality may depart from the Municipal Aid Prohibition Act (chapter I-15).

The regional conference of elected officers shall carry out any other mandate received from the Minister.

2006, c. 8, s. 21; 2006, c. 60, s. 100; 2007, c. 3, s. 72.

21.8. The board of directors of a regional conference of elected officers shall be composed of the following members from its territory:

(1)  the wardens of the regional county municipalities;

(2)  the mayors of local municipalities with a population of 5,000 or more; and

(3)  the mayors of the local municipalities listed in Schedule B.

In the case of the Capitale-Nationale administrative region, in addition to the persons mentioned in the first paragraph, the board of directors of the regional conference of elected officers shall include the borough chairs and two members of the executive committee of Ville de Québec designated by that executive committee.

In the case of the Côte-Nord administrative region, in addition to the persons mentioned in the first paragraph, the board of directors of the regional conference of elected officers shall include two mayors designated by and from among the mayors of the local municipalities in that administrative region whose territories are not comprised in the territory of a regional county municipality. For the purpose of that designation, the administrator of the Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent is considered a mayor. The two mayors shall be designated at a meeting convened and held by the secretary-treasurer of the municipality with the largest population among those local municipalities except the Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent. The meeting may be held as provided in article 164.1 of the Municipal Code of Québec (chapter C-27.1), with the necessary modifications. At the beginning of the meeting, the mayors may decide the procedure to be followed in case of a tie-vote. The secretary-treasurer shall draw up the minutes of the meeting.

The cities of Gatineau, La Tuque, Lévis, Mirabel, Rouyn-Noranda, Saguenay, Shawinigan, Sherbrooke and Trois-Rivières shall designate, among the members of their respective councils, an additional member to sit on the board of directors of the regional conference of elected officers in their respective territories.

If the warden of a regional county municipality is also the mayor of a local municipality referred to in the first paragraph, the council of the regional county municipality shall appoint one additional member to the board of directors of the regional conference from among its members. The same applies if the territory of a regional county municipality does not include a local municipality referred to in the first paragraph.

The board of directors is composed of the following members:

(1)  in the case of the regional conference of elected officers of the administrative region of Laval, all the members of the council of Ville de Laval;

(2)  in the case of the regional conference of elected officers established for the urban agglomeration of Longueuil,

(a)  the mayor of Ville de Longueuil and 13 other persons the city council designates from among its members;

(b)  the mayor of Ville de Brossard and three other persons the town council designates from among its members;

(c)  the mayor of Ville de Boucherville and two other persons the town council designates from among its members;

(d)  the mayor of Ville de Saint-Bruno-de-Montarville and one other person the town council designates from among its members;

(e)   the mayor of Ville de Saint-Lambert and one other person the city council designates from among its members;

(3)  in the case of the regional conference of elected officers of the administrative region of Montréal,

(a)  all the members of the city council of Ville de Montréal;

(b)  the mayors of the other local municipalities whose territory is included in the administrative region, except the mayor of Ville de L’Île-Dorval.

The board of directors of the regional conference of elected officers of the Nord-du-Québec administrative region shall be composed of the members of the council of the Municipalité de Baie-James referred to in section 36 of the James Bay Region Development and Municipal Organization Act (chapter D-8.2).

If the territory of a regional conference of elected officers includes at least one Native community represented by a band council, the board of directors of the regional conference shall include a representative of the Native nation to which the Native community belongs.

On the request of a regional conference of elected officers, the Government may, by order, allow the regional conference to appoint to its board of directors one or more additional representatives of a local municipality, chosen by the council of the local municipality from among its members.

On the request of a regional conference of elected officers, the Government may, by order, amend Schedule B to add one or more rural local municipalities.

2006, c. 8, s. 21.

21.9. A regional conference of elected officers shall appoint to its board of directors additional members whose number may not exceed one third of all council members except those referred to in the eighth paragraph of section 21.8. The conference shall choose these additional members after consulting the bodies it considers representative of the various sectors of the community it serves, particularly those in the economic, education, cultural and scientific sectors. The regional conference shall determine the term of office of additional members.

Instead of appointing additional members as provided in the first paragraph, the regional conferences of elected officers for the administrative region of Laval, the urban agglomeration of Longueuil and the administrative region of Montréal may establish a sector-based, theme-based or territory-based consultation mechanism with the socioeconomic groups in their respective territories. The agreement referred to in section 21.6 shall specify how the consultation mechanism is to operate.

The Member of the National Assembly for an electoral division over whose territory a regional conference of elected officers has authority is entitled to take part in the proceedings of the board of directors of the regional conference but is not entitled to vote.

2006, c. 8, s. 21.

21.10. When an executive committee is established, its members must be chosen by and from among the members of the board of directors of a regional conference of elected officers and the members appointed under section 21.9 may not represent more than one third of the committee.

2006, c. 8, s. 21.

21.11. The meetings of the board of directors of a regional conference of elected officers are public.

2006, c. 8, s. 21.

21.12. A regional conference of elected officers shall administer the funds entrusted to it by the Government under an agreement for the carrying out of any regional development project under the authority of the Minister who has signed the agreement.

2006, c. 8, s. 21.

21.13. A regional conference of elected officers must file an annual activity report with the Minister on the date and in the manner determined by the Minister, together with its financial statements for the preceding fiscal year.

The report shall contain any other information required by the Minister. The financial statements shall be filed together with the auditor’s report.

2006, c. 8, s. 21.

21.14. The Minister shall lay the activity report of a regional conference of elected officers before the National Assembly within 30 days of its receipt or, if the Assembly is not sitting, within 30 days of resumption.

2006, c. 8, s. 21.

21.15. The Communauté métropolitaine de Montréal and the Communauté métropolitaine de Québec shall establish, with the regional conferences of elected officers for their respective territories, a mechanism to harmonize the exercise of their powers and responsibilities.

2006, c. 8, s. 21.

21.16. The harmonization mechanism referred to in section 21.15 shall be approved by the Minister.

2006, c. 8, s. 21.

21.17. The Kativik Regional Government and the Cree Regional Authority acting as a regional conference of elected officers and the regional conference of elected officers established for the territory of the Municipalité de Baie-James and the territories of the cities of Chapais, Chibougamau, Lebel-sur-Quévillon and Matagami shall establish a mechanism to harmonize the exercise of their powers and responsibilities.

2006, c. 8, s. 21.

§ 2 . — Regional land and natural resource commissions and local integrated land and resource management panels

2010, c. 3, s. 308.

21.17.1. To support its role in carrying out the responsibilities the Minister of Natural Resources and Wildlife may entrust it with under an Act or a specific agreement entered into under the fourth paragraph of section 21.7, a regional conference of elected officers shall create, on its own initiative or at the request of the Minister of Natural Resources and Wildlife, a regional land and natural resource commission.

The regional conference of elected officers determines the composition and operation of the commission, providing for the participation of the Native communities present in the territory it represents and a representative of the Minister of Natural Resources and Wildlife. It also finances the commission’s activities.

For the same purposes, the regional conference of elected officers establishes local integrated land and resource management panels and coordinates their work. It may entrust that responsibility to a regional land and natural resource commission or, exceptionally, ask the Minister of Natural Resources and Wildlife to entrust it to a regional county municipality that is selected jointly by that Minister and the regional conference of elected officers. A regional county municipality to which the Minister entrusts that responsibility has all the powers necessary to carry it out.

2010, c. 3, s. 308.

21.17.2. The principal mandate of a regional land and natural resource commission is to prepare a regional plan for integrated land and resource development in conformity with the policy directions of the Government and the Minister of Natural Resources and Wildlife and any policy direction drawn up by another minister concerned in the matter.

The plan determines regional policy directions, objectives and targets for the conservation and development of wildlife, the forests and the regional land area. The plan may also include regional policy directions, objectives and targets as regards energy, mines or any other subject dealt with in a specific agreement entered into under the fourth paragraph of section 21.7.

The plan is approved by the regional conference of elected officers concerned. It is implemented under a specific agreement between the Ministère des Ressources naturelles et de la Faune, a department or body concerned and the regional conference of elected officers.

The plan and the implementation agreement are made public by the regional conference of elected officers.

2010, c. 3, s. 308.

21.17.3. The regional land and natural resource commission must, as part of its mandate and to promote regional consultation,

(1)  establish a regional integrated land and resource management panel and see to its operation; and

(2)  establish a public consultation process and a conflict resolution mechanism.

The regional land and natural resource commission may exercise any other function specified in an Act or in an agreement entered into under the fourth paragraph of section 21.7.

2010, c. 3, s. 308.

DIVISION IV.4 REGIONAL DEVELOPMENT FUND

2006, c. 8, s. 21.

21.18. A regional development fund is hereby established.

The fund shall be dedicated to the financing of the measures provided for in the specific agreements entered into between a regional conference of elected officers, a government department or body and, where applicable, any other partner.

The fund may also be dedicated to the financing of any other activity pursued by a regional conference of elected officers.

2006, c. 8, s. 21.

21.19. The Government shall fix the date on which the fund begins to operate and determine its assets and liabilities and the nature of the activities financed by and the costs that may be charged to the fund.

The particulars of the management of the fund shall be determined by the Conseil du trésor.

2006, c. 8, s. 21.

21.20. The fund shall be made up of the following sums:

(1)  the sums paid into the fund by the Minister out of the appropriations granted for that purpose by Parliament;

(2)  the sums paid into the fund by the Minister of Finance as advances taken out of the consolidated revenue fund;

(3)  the sums paid into the fund by the Minister of Finance as borrowings from the financing fund established under the Act respecting the Ministère des Finances (chapter M-24.01);

(4)  the gifts, legacies and other contributions paid into the fund to further the attainment of the objects of the fund.

2006, c. 8, s. 21.

21.21. The management of the sums making up the fund shall be entrusted to the Minister of Finance. Such sums shall be paid to the order of, and deposited with the financial institutions determined by, the Minister of Finance.

The Minister of Municipal Affairs, Regions and Land Occupancy shall keep the books of account of the fund and record the financial commitments chargeable to it. The Minister shall also ensure that such commitments and the payments arising therefrom do not exceed and are consistent with the available balances.

2006, c. 8, s. 21; 2009, c. 26, s. 109.

21.22. The Minister of Finance may, with the authorization of and subject to the conditions determined by the Government, advance to the fund sums taken out of the consolidated revenue fund.

Conversely, the Minister of Finance may advance to the consolidated revenue fund, on a short-term basis and subject to the conditions determined by the Minister of Finance, any part of the sums making up the fund that is not required for its operation.

Any advance paid to a fund shall be repayable out of that fund.

2006, c. 8, s. 21.

21.23. The Minister of Municipal Affairs, Regions and Land Occupancy may, as the manager of the fund, borrow from the Minister of Finance sums taken out of the financing fund established under the Act respecting the Ministère des Finances (chapter M-24.01).

2006, c. 8, s. 21; 2009, c. 26, s. 109.

21.23.1. The Minister of Municipal Affairs, Regions and Land Occupancy may delegate the administration of a part of the fund to a regional conference of elected officials, according to the terms of an agreement under the second paragraph of section 21.6.

The board of directors of a regional conference of elected officials that has been delegated the administration of a part of the fund may entrust that administration to the executive committee, a member of the committee or the director general.

2006, c. 60, s. 101; 2009, c. 26, s. 109.

21.24. The sums required for the payment of the remuneration and expenses relating to employment benefits and other conditions of employment of the persons who, in accordance with the Public Service Act (chapter F-3.1.1), are assigned to the operation of the fund shall be taken out of the fund.

2006, c. 8, s. 21.

21.25. Any surplus accumulated by the fund shall be paid into the consolidated revenue fund on the dates and to the extent determined by the Government.

2006, c. 8, s. 21.

21.26. Sections 20, 21 and 26 to 28, Chapters IV and VI and sections 89 and 90 of the Financial Administration Act (chapter A-6.001) apply to the fund, with the necessary modifications.

2006, c. 8, s. 21.

21.27. The fiscal year of the fund ends on 31 March.

2006, c. 8, s. 21.

21.28. Notwithstanding any provision to the contrary, the Minister of Finance shall, in the event of a deficiency in the consolidated revenue fund, pay out of the fund the sums required for the execution of a judgment against the State that has become res judicata.

2006, c. 8, s. 21.

21.29. The Minister shall, not later than 23 March 2009, submit to the Government an assessment report stating whether or not it is advisable to maintain the fund.

The Minister shall lay the report before the National Assembly within 30 days of its submission or, if the Assembly is not sitting, within 30 days of resumption.

2006, c. 8, s. 21.

DIVISION IV.5 AGREEMENT FOR THE IMPLEMENTATION OF CERTAIN POLICIES

2006, c. 8, s. 21.

21.30. The Minister, with the authorization of the Government, may enter into any agreement with a municipality where such an agreement is needed to implement a local or regional development policy or measure of the Government in the territory of that municipality. The authorization of the Government may emanate from the content of the policy.

2006, c. 8, s. 21; 2006, c. 60, s. 102.

21.31. An agreement under section 21.30 shall specify, among other things, any responsibility that is delegated to the municipality, and determine the conditions governing the delegation.

2006, c. 8, s. 21; 2006, c. 60, s. 103.

21.32. The municipality that is party to an agreement under section 21.30 shall have the necessary powers to meet its commitments and exercise its responsibilities under the agreement for the purposes of the implementation of the policy or the measure.

The municipality may, among other things, institute any proceeding and exercise any power required to settle any dispute or disagreement resulting from the carrying out of the agreement.

2006, c. 8, s. 21; 2006, c. 60, s. 104.

21.33. The Municipal Aid Prohibition Act (chapter I-15) does not apply to assistance granted pursuant to an agreement under section 21.30.

2006, c. 8, s. 21.

21.34. The third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1) does not apply in respect of a decision whereby the council of a regional county municipality enters into an agreement under section 21.30.

2006, c. 8, s. 21.

21.35. The council of a regional county municipality may, by by-law, for the purposes of an agreement under section 21.30 and in respect of a local municipality whose territory is not covered by the agreement or only a part of whose territory is covered by the agreement, prescribe criteria for the determination of the number of votes and the number of the population attributed to any representative of the local municipality for the purpose of decision making by the regional county municipality in relation to the carrying out of the agreement. The by-law may also establish criteria for the determination of the proportion of the local municipality’s contribution to the payment of the expenses of the regional county municipality relating to the agreement.

2006, c. 8, s. 21.

DIVISION V FINAL PROVISIONS

22. (Omitted).

1984, c. 40, s. 22.

23. (Omitted).

1984, c. 40, s. 23.

24. (Amendment integrated into c. P-23, s. 3).

1984, c. 40, s. 24.

25. (Amendment integrated into c. P-23, s. 4).

1984, c. 40, s. 25.

26. (Amendment integrated into c. P-23, s. 5).

1984, c. 40, s. 26.

27. (Amendment integrated into c. P-23, s. 6).

1984, c. 40, s. 27.

28. (Amendment integrated into c. P-23, s. 7).

1984, c. 40, s. 28.

29. (Amendment integrated into c. P-23, s. 8).

1984, c. 40, s. 29.

30. (Amendment integrated into c. P-23, s. 9).

1984, c. 40, s. 30.

31. (Amendment integrated into c. P-23, s. 10).

1984, c. 40, s. 31.

32. Any regulation or order in force on 31 December 1984 and made under a provision replaced by this Act remains in force until it is replaced or repealed, to the extent to which it is consistent with this Act.

1984, c. 40, s. 32.

33. Persons appointed under section 7 of the Act respecting the Ministère des Affaires municipales (chapter M‐22) replaced by the Act respecting the Ministère des Affaires municipales (1984, chapter 40) remain in the positions they hold on 31 December 1984 in accordance with the Public Service Act (chapter F-3.1.1).

1984, c. 40, s. 33.

34. (This section ceased to have effect on 1 January 1990).

1984, c. 40, s. 34; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

35. (Omitted).

1984, c. 40, s. 35.

36. Agreements entered into by a regional conference of elected officers and the Minister of Economic and Regional Development and Research under section 98 of the Act respecting the Ministère du Développement économique et régional et de la Recherche (chapter M-30.01) are deemed to be agreements entered into under this Act.

2006, c. 8, s. 22.

37. If an agreement has not been entered into under section 98 of the Act respecting the Ministère du Développement économique et régional et de la Recherche (chapter M-30.01),

(1)  the accreditation granted under section 16 of the Act respecting the Ministère des Régions (chapter M-25.001) ceases when an agreement is entered into under section 21.6 of this Act; and

(2)  the first paragraph of section 175 of the Act applies until an agreement is entered into under section 21.6 of this Act.

In the latter case, if an agreement is entered into under section 21.6 of this Act, the second paragraph of section 175 and sections 176 and 177 of the Act respecting the Ministère du Développement économique et régional et de la Recherche apply.

2006, c. 8, s. 22.

38. The Government may determine to what extent and on which territory a Minister shall exercise the responsibilities set out in Divisions IV.2, IV.3, IV.4 and IV.5 of this Act.

2006, c. 8, s. 22.

The Minister responsible for the Capitale-Nationale Region is responsible for the carrying out of Divisions IV.4 and IV.5 of this Act as regards the Capitale-Nationale region. The Minister is also entrusted with any other provision of the Act required for the carrying out of those divisions with respect to that region. Order in Council 1665-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6525.

The Minister responsible for the Metropolis and the Montréal Region is responsible for the carrying out of subdivision 2 of Division II of this Act as regards the Metropolis and Montréal region. The Minister is also entrusted with any other provision of the Act required for the carrying out of this subdivision with respect to that region. Order in Council 1643-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6516.

SCHEDULE A

MUNICIPAL BODIES WHOSE TERRITORIES MAKE UP GREATER MONTRÉAL

(Section 17.1)

Communauté métropolitaine de Montréal, Ville de Bellefeuille, Canton de Gore, Ville de Lafontaine, Village de Lavaltrie, Municipalité de Notre-Dame-de-Bonsecours, Ville de Saint-Antoine, Paroisse de Saint-Antoine-de-Lavaltrie, Paroisse de Saint-Colomban, Ville de Saint-Jérôme, Municipalité de Saint-Placide.

1999, c. 43, s. 8; 2000, c. 56, s. 168; 2006, c. 8, s. 23.

SCHEDULE B

(section 21.8)

Ville de Beaupré

Ville de Berthierville

Ville de Cabano

Ville de Carleton-Saint-Omer

Ville de Dégelis

Ville de Disraeli

Ville d’East Angus

Municipalité de L’Épiphanie

Ville de Fermont

Ville de Forestville

Municipalité de Havre-Saint-Pierre

Ville de Huntingdon

Ville de La Pocatière

Municipalité de Lac-Etchemin

Ville de Malartic

Ville de Maniwaki

Village de Napierville

Ville de New Richmond

Municipalité d’Ormstown

Ville de Richmond

Ville de Rivière-Rouge

Ville de Saint-Césaire

Municipalité de Saint-Donat

Ville de Saint-Gabriel

Municipalité de Saint-Jean-Port-Joli

Ville de Saint-Joseph-de-Beauce

Ville de Saint-Pascal

Ville de Saint-Tite

Ville de Senneterre

Ville de Témiscaming

Ville de Trois-Pistoles

Ville de Valcourt

Ville de Ville-Marie

Ville de Warwick

Ville de Waterloo

2006, c. 8, s. 24; Order in Council 667-2007 dated 14 August 2007, (2007) 139 G.O. 2, 2439.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 40 of the statutes of 1984, in force on 1 March 1985, is repealed, except section 35, effective from the coming into force of chapter M-22.1 of the Revised Statutes.