C-27.1 - Municipal Code of Québec

Section 549 Disposition versions

1996-05-08

549. (Repealed).

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32; 1987, c. 102, s. 41; 1988, c. 49, s. 43; 1989, c. 46, s. 16; 1994, c. 33, s. 29; 1996, c. 2, s. 296.

1994-06-17

549. (1)  The county corporation has the power to operate a waste management system or part of such a system in the territory of local corporations and city or town corporations forming part of its territory or not, provided an agreement to that effect is signed with such corporations.

(2)  That power excludes the objects of the agreement from the competence of any municipal corporation in respect of whose territory the county corporation is empowered and the county corporation then succeeds to the rights, duties and obligations of such corporations.

(3)  The agreement may contain all the terms and conditions relating to its carrying out.

For the purposes of exercising such competence, and if so provided in the agreement, the municipalities contemplated in subarticle 1 which do not form part of the county corporation form part of the county corporation to the same extent and with the same rights and obligations as the municipalities forming part of the county corporation, and the number of the members of the county council and of the executive committee, if any, is then increased by a number determined therefor in the agreement.

The agreement may also provide for categories of votes, the value given to each vote or each category of votes as well as the quorum and the majority required in each category to decide all contested matters submitted to the council or the executive committee.

(4)  The agreement must be authorized by a by-law of the council of each corporation being a party thereto. It comes into force upon publication of a notice in the Gazette officielle du Québec.

Moreover, the county corporation is governed, as regards the objects of the agreement, by the Environment Quality Act (chapter Q-2).

(5)  The expression “waste management system” used in this article has the same meaning as in paragraph 12 of section 1 of the Environment Quality Act.

(6)  This article prevails over any special Act applicable to a municipality. It does not apply to a local corporation that is a party with a city or town municipality to an intermunicipal agreement dealing with one or another of the jurisdictions contemplated in articles 547 and 548 for as long as such agreement lasts.

(7)  Several county corporations empowered under subarticle 1 may, by signing an agreement authorized by a by-law of their councils, establish a special board of delegates and give it all or part of the powers it has with respect to that competence.

The agreement may contain any terms and conditions respecting its carrying out and determine the number of representatives and of substitutes for each county corporation. The agreement may also provide for categories of votes, for the value represented by each vote or by each category of votes and for the quorum and the majority required in each category to decide on any contested matter submitted to the board of delegates.

The agreements provided for in this subarticle cannot be set up against third parties.

(8)  A municipal corporation which is a party to an agreement made under this article may withdraw therefrom by following the procedure provided therefor in the agreement or, if there is no such procedure, by following the procedure provided for in subarticle 4, adapted as required.

(9)  The parties to an agreement contemplated in article 548 or in this article may provide therein that any other local corporation, city or town corporation or, as the case may be, county corporation may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

A local corporation, city or town corporation or, as the case may be, county corporation, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32; 1987, c. 102, s. 41; 1988, c. 49, s. 43; 1989, c. 46, s. 16; 1994, c. 33, s. 29.

1989-06-22

549. (1)  The county corporation has the power to operate a waste management system or part of such a system in the territory of local corporations and city or town corporations forming part of its territory or not, provided an agreement to that effect is signed with such corporations.

(2)  That power excludes the objects of the agreement from the competence of any municipal corporation in respect of whose territory the county corporation is empowered and the county corporation then succeeds to the rights, duties and obligations of such corporations.

(3)  The agreement may contain all the terms and conditions relating to its carrying out.

For the purposes of exercising such competence, and if so provided in the agreement, the municipalities contemplated in subarticle 1 which do not form part of the county corporation form part of the county corporation to the same extent and with the same rights and obligations as the municipalities forming part of the county corporation, and the number of the members of the county council and of the executive committee, if any, is then increased by a number determined therefor in the agreement.

The agreement may also provide for categories of votes, the value given to each vote or each category of votes as well as the quorum and the majority required in each category to decide all contested matters submitted to the council or the executive committee.

(4)  The agreement must be authorized by a by-law of the council of each corporation being a party thereto and approved by the Commission municipale du Québec. It comes into force upon publication of a notice in the Gazette officielle du Québec.

Moreover, the county corporation is governed, as regards the objects of the agreement, by the Environment Quality Act (chapter Q-2).

(5)  The expression “waste management system” used in this article has the same meaning as in paragraph 12 of section 1 of the Environment Quality Act.

(6)  This article prevails over any special Act applicable to a municipality. It does not apply to a local corporation that is a party with a city or town municipality to an intermunicipal agreement dealing with one or another of the jurisdictions contemplated in articles 547 and 548 for as long as such agreement lasts.

(7)  Several county corporations empowered under subarticle 1 may, by signing an agreement authorized by a by-law of their councils and approved by the Commission municipale du Québec, establish a special board of delegates and give it all or part of the powers it has with respect to that competence.

The agreement may contain any terms and conditions respecting its carrying out and determine the number of representatives and of substitutes for each county corporation. The agreement may also provide for categories of votes, for the value represented by each vote or by each category of votes and for the quorum and the majority required in each category to decide on any contested matter submitted to the board of delegates.

The agreements provided for in this subarticle cannot be set up against third parties.

(8)  A municipal corporation which is a party to an agreement made under this article may withdraw therefrom by following the procedure provided therefor in the agreement or, if there is no such procedure, by following the procedure and obtaining the approval provided for in subarticle 4, adapted as required.

(9)  The parties to an agreement contemplated in article 548 or in this article may provide therein that any other local corporation, city or town corporation or, as the case may be, county corporation may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

A local corporation, city or town corporation or, as the case may be, county corporation, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

A corporation which joins an agreement made under this article must send to the Commission municipale du Québec, for approval, a copy of the resolution and, where such is the case, a statement of the conditions of joining not determined in the agreement.

Not less than 30 days before sending the information as provided in the fourth paragraph, the corporation shall send the same documents to each party to the agreement.

The corporation becomes a party to the agreement once the resolution and, where such is the case, the conditions of joining not determined in the agreement have received the required appproval. The agreement is deemed amended accordingly.

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32; 1987, c. 102, s. 41; 1988, c. 49, s. 43; 1989, c. 46, s. 16.

1989-02-22

549. (1)  The county corporation has the power to operate a waste management system or part of such a system in the territory of local corporations and city or town corporations forming part of its territory or not, provided an agreement to that effect is signed with such corporations.

(2)  That power excludes the objects of the agreement from the competence of any municipal corporation in respect of whose territory the county corporation is empowered and the county corporation then succeeds to the rights, duties and obligations of such corporations.

(3)  The agreement may contain all the terms and conditions relating to its carrying out.

For the purposes of exercising such competence, and if so provided in the agreement, the municipalities contemplated in subarticle 1 which do not form part of the county corporation form part of the county corporation to the same extent and with the same rights and obligations as the municipalities forming part of the county corporation, and the number of the members of the county council and of the executive committee, if any, is then increased by a number determined therefor in the agreement.

The agreement may also provide for categories of votes, the value given to each vote or each category of votes as well as the quorum and the majority required in each category to decide all contested matters submitted to the council or the executive committee.

(4)  The agreement must be authorized by a by-law of the council of each corporation being a party thereto and approved by the Commission municipale du Québec. It comes into force upon publication of a notice in the Gazette officielle du Québec.

Moreover, the county corporation is governed, as regards the objects of the agreement, by the Environment Quality Act (chapter Q-2).

(5)  The expression “waste management system” used in this article has the same meaning as in paragraph 12 of section 1 of the Environment Quality Act.

(6)  This article prevails over any special Act applicable to a municipality. It does not apply to a local corporation that is a party with a city or town municipality to an intermunicipal agreement dealing with one or another of the jurisdictions contemplated in articles 547 and 548 for as long as such agreement lasts.

(7)  Several county corporations empowered under subarticle 1 may, by signing an agreement authorized by a by-law of their councils and approved by the Commission municipale du Québec, establish a special board of delegates and give it all or part of the powers it has with respect to that competence.

The agreement may contain any terms and conditions respecting its carrying out and determine the number of representatives and of substitutes for each county corporation. The agreement may also provide for categories of votes, for the value represented by each vote or by each category of votes and for the quorum and the majority required in each category to decide on any contested matter submitted to the board of delegates.

The agreements provided for in this subarticle cannot be set up against third parties.

(8)  A municipal corporation which is a party to an agreement made under this article may withdraw therefrom by following the procedure provided therefor in the agreement or, if there is no such procedure, by following the procedure and obtaining the approval provided for in subarticle 4, adapted as required.

However, the minister responsible for the Environment Quality Act may, by order and on such conditions as he indicates, terminate the agreement. The order may affect only some of the municipal corporations in the territory in respect of which the county corporation is empowered.

(9)  The parties to an agreement contemplated in article 548 or in this article may provide therein that any other local corporation, city or town corporation or, as the case may be, county corporation may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

A local corporation, city or town corporation or, as the case may be, county corporation, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

A corporation which joins an agreement made under this article must send to the Commission municipale du Québec, for approval, a copy of the resolution and, where such is the case, a statement of the conditions of joining not determined in the agreement.

Not less than 30 days before sending the information as provided in the fourth paragraph, the corporation shall send the same documents to each party to the agreement.

The corporation becomes a party to the agreement once the resolution and, where such is the case, the conditions of joining not determined in the agreement have received the required appproval. The agreement is deemed amended accordingly.

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32; 1987, c. 102, s. 41; 1988, c. 49, s. 43.

1988-01-01

549. (1)  The county corporation has the power to operate a waste management system or part of such a system in the territory of local corporations and city or town corporations forming part of its territory or not, provided an agreement to that effect is signed with such corporations.

(2)  That power excludes the objects of the agreement from the competence of any municipal corporation in respect of whose territory the county corporation is empowered and the county corporation then succeeds to the rights, duties and obligations of such corporations.

(3)  The agreement may contain all the terms and conditions relating to its carrying out.

For the purposes of exercising such competence, and if so provided in the agreement, the municipalities contemplated in subarticle 1 which do not form part of the county corporation form part of the county corporation to the same extent and with the same rights and obligations as the municipalities forming part of the county corporation, and the number of the members of the county council and of the executive committee, if any, is then increased by a number determined therefor in the agreement.

The agreement may also provide for categories of votes, the value given to each vote or each category of votes as well as the quorum and the majority required in each category to decide all contested matters submitted to the council or the executive committee.

(4)  The agreement must be authorized by a by-law of the council of each corporation being a party thereto and approved by the Commission municipale du Québec and the minister responsible for the carrying out of the Environment Quality Act (chapter Q-2). It comes into force upon publication of a notice in the Gazette officielle du Québec.

Moreover, the county corporation is governed, as regards the objects of the agreement, by the Environment Quality Act.

(5)  The expression “waste management system” used in this article has the same meaning as in paragraph 12 of section 1 of the Environment Quality Act.

(6)  This article prevails over any special Act applicable to a municipality. It does not apply to a local corporation that is a party with a city or town municipality to an intermunicipal agreement dealing with one or another of the jurisdictions contemplated in articles 547 and 548 for as long as such agreement lasts.

(7)  Several county corporations empowered under subarticle 1 may, by signing an agreement authorized by a by-law of their councils and approved by the Commission municipale du Québec and the minister responsible for the Environment Quality Act, establish a special board of delegates and give it all or part of the powers it has with respect to that competence.

The agreement may contain any terms and conditions respecting its carrying out and determine the number of representatives and of substitutes for each county corporation. The agreement may also provide for categories of votes, for the value represented by each vote or by each category of votes and for the quorum and the majority required in each category to decide on any contested matter submitted to the board of delegates.

The agreements provided for in this subarticle cannot be set up against third parties.

(8)  A municipal corporation which is a party to an agreement made under this article may withdraw therefrom by following the procedure provided therefor in the agreement or, if there is no such procedure, by following the procedure and obtaining the approvals provided for in subarticle 4, adapted as required.

However, the minister responsible for the Environment Quality Act may, by order and on such conditions as he indicates, terminate the agreement. The order may affect only some of the municipal corporations in the territory in respect of which the county corporation is empowered.

(9)  The parties to an agreement contemplated in article 548 or in this article may provide therein that any other local corporation, city or town corporation or, as the case may be, county corporation may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

A local corporation, city or town corporation or, as the case may be, county corporation, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

A corporation which joins an agreement made under article 548 must send to the Minister of the Environment, for approval, a copy of the resolution and, where such is the case, a statement of the conditions of joining not determined in the agreement. A corporation which forms an agreement made under this article must send the information to such Minister and the Commission municipale du Québec for approval.

Not less than 30 days before sending the information as provided in the fourth paragraph, the corporation shall send the same documents to each party to the agreement.

The corporation becomes a party to the agreement once the resolution and, where such is the case, the conditions of joining not determined in the agreement have received every required appproval. The agreement is deemed amended accordingly.

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32; 1987, c. 102, s. 41.

0001-01-01

549. (1)  The county corporation has the power to operate a waste management system or part of such a system:

(a)  in the whole of the territory under its jurisdiction, provided an agreement to that effect is signed with two-thirds or more of the local corporations forming part of such territory;

(b)  in the territory of local corporations amounting to less than two-thirds in number of the local corporations forming part of the county municipality, by signing an agreement for that purpose with each of such local corporations;

(c)  in the territory of municipal corporations not forming part of a county corporation, including a city or town, by signing an agreement for that purpose with such corporations.

(2)  That power excludes the objects of the agreement from the competence of any municipal corporation in respect of whose territory the county corporation is empowered and the county corporation then succeeds to the rights, duties and obligations of such corporations.

(3)  The agreement may contain all the terms and conditions relating to its carrying out.

For the purposes of exercising such competence, and if provided in the agreement, the municipalities contemplated in paragraph c of subarticle 1 form part of the county corporation to the same extent and with the same rights and obligations as the local corporations, and the number of the members of the county council and of the executive committee, as the case may be, is then increased by a number determined therefor in the agreement.

The agreement may also provide for categories of votes, the value given to each vote or each category of votes as well as the quorum and the majority required in each category to decide all contested matters submitted to the council or the executive committee.

(4)  the agreement must be authorized by a by-law of the council of each corporation being a party thereto and approved by the Commission municipale du Québec and the minister responsible for the carrying out of the Environment Quality Act (chapter Q-2). It comes into force upon publication of a notice in the Gazette officielle du Québec..

Moreover, the county corporation is governed, as regards the objects of the agreement, by the Environment Quality Act.

(5)  The expression “waste management system” used in this article has the same meaning as in paragraph 12 of section 1 of the Environment Quality Act.

(6)  This article prevails over any special Act applicable to a municipality. It does not apply to a local corporation that is a party with a city or town municipality to an intermunicipal agreement dealing with one or another of the jurisdictions contemplated in articles 547 and 548 for as long as such agreement lasts.

(7)  Several county corporations empowered under subarticle 1 may, by signing an agreement authorized by a by-law of their councils and approved by the Commission municipale du Québec and the minister responsible for the Environment Quality Act, establish a special board of delegates and give it all or part of the powers it has with respect to that competence.

The agreement may contain any terms and conditions respecting its carrying out and determine the number of representatives and of substitutes for each county corporation. The agreement may also provide for categories of votes, for the value represented by each vote or by each category of votes and for the quorum and the majority required in each category to decide on any contested matter submitted to the board of delegates.

The agreements provided for in this subarticle cannot be set up against third parties.

(8)  A municipal corporation governed by an agreement made under this article, whether or not it is a party thereto, may withdraw therefrom or terminate the agreement by following the procedure provided therefor in the agreement or, if there is no such procedure, by following the procedure and obtaining the approvals provided for in subarticle 4, mutatis mutandis.

However, the minister responsible for the Environment Quality Act may, by order and on such conditions as he indicates, terminate the agreement. The order may affect only some of the municipal corporations in the territory in respect of which the county corporation is empowered.

(9)  The parties to an agreement contemplated in article 548 or in this article may provide therein that any other local corporation, city or town corporation or, as the case may be, county corporation may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

A local corporation, city or town corporation or, as the case may be, county corporation, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

A corporation which joins an agreement made under article 548 must send to the Minister of the Environment, for approval, a copy of the resolution and, where such is the case, a statement of the conditions of joining not determined in the agreement. A corporation which forms an agreement made under this article must send the information to such Minister and the Commission municipale du Québec for approval.

Not less than 30 days before sending the information as provided in the fourth paragraph, the corporation shall send the same documents to each party to the agreement.

The corporation becomes a party to the agreement once the resolution and, where such is the case, the conditions of joining not determined in the agreement have received every required appproval. The agreement is deemed amended accordingly.

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32.