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C-19 - Cities and Towns Act

Section 42
Disposition versions

Full text
42. (Repealed).
R. S. 1964, c. 193, s. 43; 1968, c. 55, s. 15; 1969, c. 55, s. 4; 1977, c. 5, s. 14; 1977, c. 52, s. 3; 1979, c. 36, s. 58; 1987, c. 57, s. 697; 1988, c. 19, s. 239.
42. The Commission municipale du Québec shall, if the Minister of Municipal Affairs so requires, hold a public inquiry as to the expediency of the proposed annexation.
The Commission shall also hold such an inquiry when the by-law is deemed approved under section 40 and it is requested to do so by at least
(1)  one third of the persons concerned, within the meaning of that section, if there are fewer than 60;
(2)  20 of such persons, if there are 60 or over but not over 200;
(3)  one tenth of such persons, if there are over 200 but not over 3 000;
(4)  300 of such persons, if there are over 3 000.
If the computation provided for in the second paragraph results in a number that includes a fraction, the fraction shall be counted as a unit.
After such an inquiry is held, the Minister, on the recommendation of the Commission, may order the consultation of the qualified voters of the territory proposed for annexation.
The consultation shall be effected by means of a referendum poll, in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2). The expenses for the consultation shall be borne by the annexing municipality.
The Minister of Municipal Affairs may approve the by-law with the amendments which he deems suitable as to the conditions for annexation. The conditions for annexation provided by the by-law or those determined by the Minister of Municipal Affairs shall have effect notwithstanding any inconsistent legislative provisions governing the municipal corporations concerned.
The Minister of Municipal Affairs shall publish a notice in the Gazette officielle du Québec that such by-law has been approved, and such by-law shall come into force as from the date of the publication of such notice or on such later date as is mentioned therein.
Such notice shall contain a precise description of the territory to be annexed.
The Minister may approve the by-law even if it results in reducing the number of electoral districts in the municipality contemplated by the annexation to a number that is below the minimum prescribed by law or in changing such districts so that they no longer are in conformity with the law.
R. S. 1964, c. 193, s. 43; 1968, c. 55, s. 15; 1969, c. 55, s. 4; 1977, c. 5, s. 14; 1977, c. 52, s. 3; 1979, c. 36, s. 58; 1987, c. 57, s. 697.
42. The Commission municipale du Québec shall, if the Minister of Municipal Affairs so requires, hold a public inquiry as to the expediency of the proposed annexation.
The Commission shall also hold such an inquiry when the by-law is deemed approved under section 40 if so requested:
(a)  by at least one-third of the persons concerned if the total number of such persons is fewer than 60 and by at least 20 persons concerned if the total number of such persons is between 60 and 200,
(b)  by at least one-tenth of the persons concerned, if the total number of persons concerned exceeds 200 but does not exceed 3 000, and
(c)  by at least 300 of the persons concerned if the total number of persons concerned exceeds 3 000.
After such an inquiry is held, the Minister, on the recommendation of the Commission, may order the consultation of the persons concerned.
That consultation shall be held in accordance with the procedure of sections 385 to 396, mutatismutandis. The expenses for that consultation shall be borne by the annexing municipality.
The Minister of Municipal Affairs may approve the by-law with the amendments which he deems suitable as to the conditions for annexation. The conditions for annexation provided by the by-law or those determined by the Minister of Municipal Affairs shall have effect notwithstanding any inconsistent legislative provisions governing the municipal corporations concerned.
The Minister of Municipal Affairs shall publish a notice in the Gazette officielle du Québec that such by-law has been approved, and such by-law shall come into force as from the date of the publication of such notice or on such later date as is mentioned therein.
Such notice shall contain a precise description of the territory to be annexed.
The Minister may approve the by-law even if it results in reducing the number of electoral districts in the municipality contemplated by the annexation to a number that is below the minimum prescribed by law or in changing such districts so that they no longer are in conformity with the law.
R. S. 1964, c. 193, s. 43; 1968, c. 55, s. 15; 1969, c. 55, s. 4; 1977, c. 5, s. 14; 1977, c. 52, s. 3; 1979, c. 36, s. 58; 1987, c. 57, s. 697.
42. The Commission municipale du Québec shall, if the Minister of Municipal Affairs so requires, hold a public inquiry as to the expediency of the proposed annexation.
The Commission shall also hold such an inquiry when the by-law is deemed approved under section 40 if so requested:
(a)  by at least one-third of the persons concerned if the total number of such persons is fewer than 60 and by at least 20 persons concerned if the total number of such persons is between 60 and 200,
(b)  by at least one-tenth of the persons concerned, if the total number of persons concerned exceeds 200 but does not exceed 3 000, and
(c)  by at least 300 of the persons concerned if the total number of persons concerned exceeds 3 000.
After such an inquiry is held, the Minister, on the recommendation of the Commission, may order the consultation of the persons concerned.
That consultation shall be held in accordance with the procedure of sections 385 to 396, mutatismutandis. The expenses for that consultation shall be borne by the annexing municipality.
The Minister of Municipal Affairs may approve the by-law with the amendments which he deems suitable as to the conditions for annexation. The conditions for annexation provided by the by-law or those determined by the Minister of Municipal Affairs shall have effect notwithstanding any inconsistent legislative provisions governing the municipal corporations concerned.
The Minister of Municipal Affairs shall publish a notice in the Gazette officielle du Québec that such by-law has been approved, and such by-law shall come into force as from the date of the publication of such notice or on such later date as is mentioned therein.
Such notice shall contain a precise description of the territory to be annexed.
R. S. 1964, c. 193, s. 43; 1968, c. 55, s. 15; 1969, c. 55, s. 4; 1977, c. 5, s. 14; 1977, c. 52, s. 3; 1979, c. 36, s. 58.
42. The Commission municipale du Québec shall, if the Minister of Municipal Affairs so requires, hold a public inquiry as to the expediency of the proposed annexation.
The Commission shall also hold such an inquiry when the by-law is deemed approved under section 40 if so requested:
(a)  by at least one-third of the persons concerned if the total number of such persons is fewer than sixty and by at least twenty persons concerned if the total number of such persons is between sixty and two hundred,
(b)  by at least one-tenth of the persons concerned, if the total number of persons concerned exceeds two hundred but does not exceed three thousand, and
(c)  by at least 300 of the persons concerned if the total number of persons concerned exceeds three thousand.
The Minister of Municipal Affairs may approve the by-law with the amendments which he deems suitable as to the conditions for annexation. The conditions for annexation provided by the by-law or those determined by the Minister of Municipal Affairs shall have effect notwithstanding any inconsistent legislative provisions governing the municipal corporations concerned.
The Minister of Municipal Affairs shall publish a notice in the Gazette officielle du Québec that such by-law has been approved, and such by-law shall come into force as from the date of the publication of such notice or on such later date as is mentioned therein.
Such notice shall contain a precise description of the territory to be annexed.
R. S. 1964, c. 193, s. 43; 1968, c. 55, s. 15; 1969, c. 55, s. 4; 1977, c. 5, s. 14; 1977, c. 52, s. 3.
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