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C-27.1 - Municipal Code of Québec
Section 445
Disposition versions
445. The passing of every by-law must be preceded by a notice of motion given at a sitting by a council member.
The passing of a by-law must also, subject to the provisions of a special Act governing the filing, passing or tabling of a draft by-law, be preceded by the filing of a draft by-law by a council member at the same sitting as the one at which the notice of motion was given or at a different sitting.
As soon as possible after the draft by-law is filed, copies of it must be made available to the public.
The council must pass the by-law, with or without changes, at a different sitting than the one at which the notice of motion was given and the one at which the draft by-law was filed, and not earlier than the second day following the date on which the latter of those sittings was held.
At the beginning of the sitting at which the passing of the by-law will be considered, copies of the draft by-law must be made available to the public.
The clerk-treasurer or a council member must, before the by-law is passed, mention its object and any differences between the draft by-law that was filed and the by-law being submitted for passing.
In addition, if the by-law involves an expenditure, the clerk-treasurer or a council member must mention that fact as well as any mode of financing, payment or repayment of the expenditure.
Changes made to the by-law submitted for passing must not be such as to change the object of the by-law as specified in the draft by-law that was filed.
Subject to the tenth and eleventh paragraphs, any contravention of the first, second, fourth or eighth paragraph entails the nullity of the by-law.
In the case of a by-law passed by the council of a regional county municipality, the notice of motion and draft by-law may be replaced by a notice given by registered mail to the members of that council. The clerk-treasurer of the regional county municipality must send the notice to the council members at least 10 days before the date of the sitting at which the passing of the by-law mentioned in the notice will be considered, and must post the notice, within the same time, at the office of the regional county municipality. In such a case, the third paragraph does not apply.
The preceding paragraph applies, with the necessary modifications, to by-laws passed by a board of delegates.
445. The passing of every by-law must be preceded by a notice of motion given at a sitting by a council member.
The passing of a by-law must also, subject to the provisions of a special Act governing the filing, passing or tabling of a draft by-law, be preceded by the filing of a draft by-law by a council member at the same sitting as the one at which the notice of motion was given or at a different sitting.
As soon as possible after the draft by-law is filed, copies of it must be made available to the public.
The council must pass the by-law, with or without changes, at a different sitting than the one at which the notice of motion was given and the one at which the draft by-law was filed, and not earlier than the second day following the date on which the latter of those sittings was held.
At the beginning of the sitting at which the passing of the by-law will be considered, copies of the draft by-law must be made available to the public.
The secretary-treasurer or a council member must, before the by-law is passed, mention its object and any differences between the draft by-law that was filed and the by-law being submitted for passing.
In addition, if the by-law involves an expenditure, the secretary-treasurer or a council member must mention that fact as well as any mode of financing, payment or repayment of the expenditure.
Changes made to the by-law submitted for passing must not be such as to change the object of the by-law as specified in the draft by-law that was filed.
Subject to the tenth and eleventh paragraphs, any contravention of the first, second, fourth or eighth paragraph entails the nullity of the by-law.
In the case of a by-law passed by the council of a regional county municipality, the notice of motion and draft by-law may be replaced by a notice given by registered mail to the members of that council. The secretary-treasurer of the regional county municipality must send the notice to the council members at least 10 days before the date of the sitting at which the passing of the by-law mentioned in the notice will be considered, and must post the notice, within the same time, at the office of the regional county municipality. In such a case, the third paragraph does not apply.
The preceding paragraph applies, with the necessary modifications, to by-laws passed by a board of delegates.
445. The passing of every by-law must be preceded by the tabling of a draft by-law at a sitting of the council and a notice of motion must be given at the same sitting or at a separate sitting.
Every draft by-law may be amended after it has been tabled before the council, without it being necessary to table it again.
However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion and draft by-law may be replaced by a notice given by registered mail to the members of that council. The secretary-treasurer of the regional county municipality shall transmit the notice to the council members at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post the notice within the same time at the office of the regional county municipality.
The preceding paragraph applies, with the necessary modifications, to by-laws passed by a board of delegates.
The by-law must be passed at a separate sitting from those mentioned in the first paragraph. Not later than two days before that separate sitting, any person may obtain a copy from the person in charge of access to documents for the municipality. That person must make copies available to the public at the beginning of the sitting.
Before the by-law is passed, the secretary-treasurer or the person presiding at the sitting must mention the object, scope and cost of the by-law and, where applicable, the mode of financing and the mode of payment and repayment.
445. Every by-law must, on pain of absolute nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.
It is not necessary to read the by-law if a copy of the proposed by-law was given to the council members not later than two working days before the sitting at which it is to be approved and if, at that sitting, all the council members present declare that they have read it and waive the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two working days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered mail to the members of that council. The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.
The preceding paragraph shall apply, with the necessary modifications, to by-laws passed by a board of delegates.
445. Every by-law must, on pain of absolute nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.
It is not necessary to read the by-law if a copy of the proposed by-law was given to the council members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, all the council members present declare that they have read it and waive the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered or certified letter to the members of that council. The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.
The preceding paragraph shall apply, with the necessary modifications, to by-laws passed by a board of delegates.
445. Every by-law must, on pain of absolute nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the other members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered or certified letter to the members of that council. The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.
The preceding paragraph shall apply, with the necessary modifications, to by-laws passed by a board of delegates.
445. Every by-law must, on pain of absolute nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the other members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered or certified letter to the mayors of the local municipalities whose territory is included in that of the regional county municipality and, where applicable, to the warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9). The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.
The preceding paragraph shall apply, mutatis mutandis, to by-laws passed by a board of delegates.
445. Every by-law must, on pain of absolute nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the other members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered or certified letter to the mayors of the local municipalities whose territory is included in that of the regional county municipality. The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.
The preceding paragraph shall apply, mutatis mutandis, to by-laws passed by a board of delegates.
445. Every by-law must, on pain of nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the other members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered or certified letter to the mayors of the local municipalities whose territory is included in that of the regional county municipality. The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.
The preceding paragraph shall apply, mutatis mutandis, to by-laws passed by a board of delegates.
445. Every by-law must, on pain of nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the other members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the corporation shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
In the case, however, of by-laws passed by a county council, such notice of motion may be replaced by a notice given by registered or certified letter to the mayor of each local council in the county, by the secretary-treasurer of the county council, at least 10 days before the date of the sitting at which the by-law or by-laws mentioned in the said notice will be considered. Such notice must be posted up in the office of the county council with the same delay.
The preceding paragraph shall apply, mutatis mutandis, to by-laws passed by a board of delegates.
445. Every by-law must, on pain of nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the other members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.
The secretary-treasurer must issue a copy of the by-law, upon payment of the fees exigible at the tariff fixed under article 209, to every ratepayer or elector requesting it within the two juridicial days preceding such sitting. The secretary-treasurer must also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
In the case, however, of by-laws passed by a county council, such notice of motion may be replaced by a notice given by registered or certified letter to the mayor of each local council in the county, by the secretary-treasurer of the county council, at least 10 days before the date of the sitting at which the by-law or by-laws mentioned in the said notice will be considered. Such notice must be posted up in the office of the county council with the same delay.
The preceding paragraph shall apply, mutatis mutandis, to by-laws passed by a board of delegates.
