C-19 - Cities and Towns Act

Section 556 Disposition versions

2017-06-16

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs, Regions and Land Occupancy for approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications or the financing of an amount the municipality must pay in respect of an unfunded actuarial liability or an amount established pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R‐15.1), determined by an actuarial valuation of a pension plan to which the municipality contributes, requires only the approval of the Minister.

Likewise, a loan by-law requires only the approval of the Minister if

(1)  the object of the by-law is to carry out road construction, drinking water supply or waste water disposal work, work to eliminate a risk for the health or safety of persons, work required to comply with an obligation under an Act or regulation, or any incidental expenditure; and

(2)  the repayment of the loan is assured by the general revenues of the municipality or is entirely borne by the owners of immovables in the entire territory of the municipality.

A loan by-law also requires only the approval of the Minister if a subsidy has been granted for at least 50% of the expenditure to be incurred and payment of the subsidy is assured by the Government or one of its ministers or bodies. In such a case, the Minister may, however, require that the loan by-law be submitted for approval to the qualified voters.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17; 1999, c. 43, s. 13; 2003, c. 3, s. 4; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2017, c. 13, s. 66.

2009-06-17

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs, Regions and Land Occupancy for approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications or the financing of an amount the municipality must pay in respect of an unfunded actuarial liability or an amount established pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R‐15.1), determined by an actuarial valuation of a pension plan to which the municipality contributes, requires only the approval of the Minister.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17; 1999, c. 43, s. 13; 2003, c. 3, s. 4; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

2005-06-17

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs and Regions for approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications or the financing of an amount the municipality must pay in respect of an unfunded actuarial liability or an amount established pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R‐15.1), determined by an actuarial valuation of a pension plan to which the municipality contributes, requires only the approval of the Minister.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17; 1999, c. 43, s. 13; 2003, c. 3, s. 4; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

2003-12-18

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs, Sports and Recreation for approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications or the financing of an amount the municipality must pay in respect of an unfunded actuarial liability or an amount established pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R‐15.1), determined by an actuarial valuation of a pension plan to which the municipality contributes, requires only the approval of the Minister.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17; 1999, c. 43, s. 13; 2003, c. 3, s. 4; 2003, c. 19, s. 250.

2003-07-16

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs and Greater Montréal for approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications or the financing of an amount the municipality must pay in respect of an unfunded actuarial liability or an amount established pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R-15.1), determined by an actuarial valuation of a pension plan to which the municipality contributes, requires only the approval of the Minister.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17; 1999, c. 43, s. 13; 2003, c. 3, s. 4.

1999-10-27

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs and Greater Montréal for approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications requires only the approval of the Minister.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17; 1999, c. 43, s. 13.

1992-06-23

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs for approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications requires only the approval of the Minister.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17.

1988-01-01

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs for approval.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723.

1977-12-31

556. Every by-law ordering a loan, before coming into force and effect, must have been approved by the persons who are entered on the valuation roll in force as owners of taxable immoveables and, in the case of physical persons, who are of full age and are Canadian citizens, and also by the Minister of Municipal Affairs.

The owners contemplated in the first paragraph shall be persons qualified to vote on the by-law for the purposes of this section and their consultation shall be held in accordance with the registration procedure provided in sections 370 to 384. However, for the sole purposes of the registration proceedings provided for in such sections, only the owners qualified to vote on the by-law on the day it was passed by the council are to be taken into consideration.

When, by the application of such registration procedure, a vote is demanded, sections 385 to 396 apply mutatismutandis. When a vote is not demanded, the by-law is deemed to have been approved by the persons concerned even in the cases of sections 558 and 559.

This section applies notwithstanding any inconsistent provision of a charter or special act, unless such charter or act grants exemption from the approval of the persons contemplated in the first paragraph who are qualified to vote.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26.