C-19 - Cities and Towns Act

Section 573.3.5 Disposition versions

2020-01-10

573.3.5. Sections 573 to 573.3.4 apply, with the necessary modifications, to any body that meets one of the following conditions:

(1)  it is a body declared by law to be a mandatary or agent of a municipality;

(2)  the majority of the members of its board of directors must, under an Act or regulation that so requires, be members of a council of a municipality or be appointed by a municipality;

(3)  its budget is adopted or approved by a municipality;

(4)  it is a non-profit body that meets the following conditions on 1 January of a year:

(a)  its revenues for at least one of the last two years were equal to or greater than $1,000,000; and

(b)  it received, during the year in which its revenues were equal to or greater than $1,000,000, financial assistance from a municipality in an amount equal to or greater than half of its revenues for that year;

(5)  it is designated by the Minister as a body subject to those provisions.

In addition, the body that meets one of the conditions set out in the first paragraph is deemed to be a local municipality for the purposes of a regulation made under section 573.3.0.1, 573.3.0.2 or 573.3.1.1.

Where, under any of sections 573 to 573.3.4, a municipality is authorized to make by-laws, a body that is not generally authorized to prescribe that a penalty may be imposed for non-compliance with a regulatory provision under its jurisdiction shall adopt, by resolution or by any means it usually employs to make decisions, the measures or provisions covered by the municipality’s authorization.

This section does not apply

(1)  to a body that an Act makes subject to sections 573 to 573.3.4 of this Act, articles 934 to 938.4 of the Municipal Code of Québec (chapter C-27.1), sections 106 to 118.2 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), sections 99 to 111.2 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) or sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01);

(2)  to a mixed enterprise company; or

(3)  to a body that is similar to a mixed enterprise company and is constituted under a private Act, including the legal persons constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004.

2017, c. 13, s. 75; 2018, c. 8, s. 77; 2019, c. 28, s. 125.

2018-04-19

573.3.5. Sections 573 to 573.3.4 apply, with the necessary modifications, to any body that meets one of the following conditions:

(1)  it is a body declared by law to be a mandatary or agent of a municipality;

(2)  the majority of the members of its board of directors must, under the rules applicable to it, be members of a council of a municipality or be appointed by a municipality;

(3)  its budget is adopted or approved by a municipality;

(4)  more than half of its financing is assured by funds from a municipality and its annual income is equal to or greater than $1,000,000; or

(5)  it is designated by the Minister as a body subject to those provisions.

In addition, the body that meets one of the conditions set out in the first paragraph is deemed to be a local municipality for the purposes of a regulation made under section 573.3.0.1, 573.3.0.2 or 573.3.1.1.

Where, under any of sections 573 to 573.3.4, a municipality is authorized to make by-laws, a body that is not generally authorized to prescribe that a penalty may be imposed for non-compliance with a regulatory provision under its jurisdiction shall adopt, by resolution or by any means it usually employs to make decisions, the measures or provisions covered by the municipality’s authorization.

This section does not apply

(1)  to a body that an Act makes subject to sections 573 to 573.3.4 of this Act, articles 934 to 938.4 of the Municipal Code of Québec (chapter C-27.1), sections 106 to 118.2 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), sections 99 to 111.2 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) or sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01);

(2)  to a mixed enterprise company; or

(3)  to a body that is similar to a mixed enterprise company and is constituted under a private Act, including the legal persons constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004.

2017, c. 13, s. 75; 2018, c. 8, s. 77.

2018-01-01

573.3.5. Sections 573 to 573.3.4 apply, with the necessary modifications, to any body that meets one of the following conditions:

(1)  it is a body declared by law to be a mandatary or agent of a municipality;

(2)  the majority of the members of its board of directors must, under the rules applicable to it, be members of a council of a municipality or be appointed by a municipality;

(3)  its budget is adopted or approved by a municipality;

(4)  more than half of its financing is assured by funds from a municipality and its annual income is equal to or greater than $1,000,000; or

(5)  it is designated by the Minister as a body subject to those provisions.

In addition, the body that meets one of the conditions set out in the first paragraph is deemed to be a local municipality for the purposes of a regulation made under section 573.3.0.1 or 573.3.1.1.

Where, under any of sections 573 to 573.3.4, a municipality is authorized to make by-laws, a body that is not generally authorized to prescribe that a penalty may be imposed for non-compliance with a regulatory provision under its jurisdiction shall adopt, by resolution or by any means it usually employs to make decisions, the measures or provisions covered by the municipality’s authorization.

This section does not apply

(1)  to a body that an Act makes subject to sections 573 to 573.3.4 of this Act, articles 934 to 938.4 of the Municipal Code of Québec (chapter C-27.1), sections 106 to 118.2 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), sections 99 to 111.2 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) or sections 92.1 to 108.2 of the Act respecting public transit authorities (chapter S-30.01);

(2)  to a mixed enterprise company; or

(3)  to a body that is similar to a mixed enterprise company and is constituted under a private Act, including the legal persons constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004.

2017, c. 13, s. 75.