C-27.1 - Municipal Code of Québec

Section 557 Disposition versions

2006-01-01

557. (Repealed).

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302; 1997, c. 83, s. 43; 1999, c. 40, s. 60; 2000, c. 22, s. 68; 2002, c. 77, s. 42; 2005, c. 6, s. 214.

2002-12-19

557. Every local municipality may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in its territory or extending outside its territory in the case where the expropriation is made by the municipality in whose territory the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or partnership, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers in the whole territory of the municipality or in any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or partnership undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the whole of its territory, at its expense, or of any part of its territory, at the expense of the ratepayers of that part;

(b)  of any part of its territory, at its expense or at the expense both of the municipality and of the ratepayers of the lighted part, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of persons requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to persons; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property in the whole territory of the municipality or in any part thereof, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Commission municipale du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the municipality may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole territory of the municipality or in any part thereof designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Commission municipale du Québec.

An appeal lies to the Commission municipale du Québec by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Commission municipale du Québec; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Commission municipale du Québec;

(7.1)  to contribute financially, in whole or in part and notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), to the costs of burying wires or any telecommunications system wires;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those persons who wish to use it in their houses, buildings or establishments; paragraph 6 applies with the necessary modifications to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the territory of the municipality;

(9)  to compel the owners or occupants of lands situated both in the territory of the municipality and in neighbouring local municipal territories not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the territory of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the territory of the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the territory of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated in the territory of the municipality or within a radius of 48 km therefrom, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or partnership wishing to take charge thereof; provided that such company, person or partnership does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the municipality may take stock in such company, or lend money to such company, person or partnership;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the municipality has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302; 1997, c. 83, s. 43; 1999, c. 40, s. 60; 2000, c. 22, s. 68; 2002, c. 77, s. 42.

2000-11-15

557. Every local municipality may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in its territory or extending outside its territory in the case where the expropriation is made by the municipality in whose territory the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or partnership, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers in the whole territory of the municipality or in any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or partnership undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the whole of its territory, at its expense, or of any part of its territory, at the expense of the ratepayers of that part;

(b)  of any part of its territory, at its expense or at the expense both of the municipality and of the ratepayers of the lighted part, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of persons requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to persons; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property in the whole territory of the municipality or in any part thereof, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Commission municipale du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the municipality may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole territory of the municipality or in any part thereof designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Commission municipale du Québec.

An appeal lies to the Commission municipale du Québec by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Commission municipale du Québec; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Commission municipale du Québec;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those persons who wish to use it in their houses, buildings or establishments; paragraph 6 applies with the necessary modifications to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the territory of the municipality;

(9)  to compel the owners or occupants of lands situated both in the territory of the municipality and in neighbouring local municipal territories not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the territory of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the territory of the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the territory of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated in the territory of the municipality or within a radius of 48 km therefrom, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or partnership wishing to take charge thereof; provided that such company, person or partnership does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the municipality may take stock in such company, or lend money to such company, person or partnership;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the municipality has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302; 1997, c. 83, s. 43; 1999, c. 40, s. 60; 2000, c. 22, s. 68.

1999-10-22

557. Every local municipality may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in its territory or extending outside its territory in the case where the expropriation is made by the municipality in whose territory the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or partnership, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers in the whole territory of the municipality or in any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or partnership undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the whole of its territory, at its expense, or of any part of its territory, at the expense of the ratepayers of that part;

(b)  of any part of its territory, at its expense or at the expense both of the municipality and of the ratepayers of the lighted part, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of persons requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to persons; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property in the whole territory of the municipality or in any part thereof, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Commission municipale du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the municipality may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole territory of the municipality or in any part thereof designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie de l’énergie.

An appeal lies to the Régie de l’énergie by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie de l’énergie; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie de l’énergie;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those persons who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the territory of the municipality;

(9)  to compel the owners or occupants of lands situated both in the territory of the municipality and in neighbouring local municipal territories not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the territory of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the territory of the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the territory of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated in the territory of the municipality or within a radius of 48 km therefrom, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or partnership wishing to take charge thereof; provided that such company, person or partnership does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the municipality may take stock in such company, or lend money to such company, person or partnership;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the municipality has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302; 1997, c. 83, s. 43; 1999, c. 40, s. 60.

1998-03-18

557. Every local municipality may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in its territory or extending outside its territory in the case where the expropriation is made by the municipality in whose territory the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or firm of persons, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers in the whole territory of the municipality or in any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or firm of persons undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the whole of its territory, at its expense, or of any part of its territory, at the expense of the ratepayers of that part;

(b)  of any part of its territory, at its expense or at the expense both of the municipality and of the ratepayers of the lighted part, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of individuals or corporations requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to individuals or corporations; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property in the whole territory of the municipality or in any part thereof, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Commission municipale du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the municipality may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole territory of the municipality or in any part thereof designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie de l’énergie.

An appeal lies to the Régie de l’énergie by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie de l’énergie; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie de l’énergie;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those individuals or corporations who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the territory of the municipality;

(9)  to compel the owners or occupants of lands situated both in the territory of the municipality and in neighbouring local municipal territories not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the territory of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the territory of the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the territory of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated in the territory of the municipality or within a radius of 48 km therefrom, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or firm of persons wishing to take charge thereof; provided that such company, person or firm does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the municipality may take stock in such company, or lend money to such company, person or firm of persons;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the municipality has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302; 1997, c. 83, s. 43.

1996-05-08

557. Every local municipality may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in its territory or extending outside its territory in the case where the expropriation is made by the municipality in whose territory the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or firm of persons, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers in the whole territory of the municipality or in any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or firm of persons undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the whole of its territory, at its expense, or of any part of its territory, at the expense of the ratepayers of that part;

(b)  of any part of its territory, at its expense or at the expense both of the municipality and of the ratepayers of the lighted part, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of individuals or corporations requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to individuals or corporations; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property in the whole territory of the municipality or in any part thereof, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Commission municipale du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the municipality may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole territory of the municipality or in any part thereof designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie des télécommunications.

An appeal lies to the Régie des télécommunications by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie des télécommunications; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des télécommunications;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those individuals or corporations who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the territory of the municipality;

(9)  to compel the owners or occupants of lands situated both in the territory of the municipality and in neighbouring local municipal territories not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the territory of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the territory of the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the territory of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated in the territory of the municipality or within a radius of 48 km therefrom, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or firm of persons wishing to take charge thereof; provided that such company, person or firm does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the municipality may take stock in such company, or lend money to such company, person or firm of persons;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the municipality has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302.

1988-11-09

557. Every local corporation may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in the municipality or extending outside the latter in the case where the expropriation is made by the municipal corporation where the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or firm of persons, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers within the municipality or any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or firm of persons undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the municipality at the expense of the corporation or of a part of the municipality at the expense of the ratepayers of that part of the municipality;

(b)  of a part of the municipality at the expense of the corporation or at the expense both of the corporation and of ratepayers of the part of the municipality having the benefit of such lighting, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of individuals or corporations requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to individuals or corporations; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property of the whole or of any part of the municipality, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Commission municipale du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the corporation may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie des télécommunications.

An appeal lies to the Régie des télécommunications by a motion of any interested party, from any resolution, decision or act whatsoever of the corporation, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie des télécommunications; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des télécommunications;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those individuals or corporations who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the municipality;

(9)  to compel the owners or occupants of lands situated, as well in the municipality as in the neighbouring municipalities not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated within the limits of the municipality or within a radius of 48 km, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or firm of persons wishing to take charge thereof; provided that such company, person or firm does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the corporation may take stock in such company, or lend money to such company, person or firm of persons;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the corporation has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82.

1988-01-01

557. Every local corporation may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in the municipality or extending outside the latter in the case where the expropriation is made by the municipal corporation where the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or firm of persons, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers within the municipality or any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or firm of persons undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the municipality at the expense of the corporation or of a part of the municipality at the expense of the ratepayers of that part of the municipality;

(b)  of a part of the municipality at the expense of the corporation or at the expense both of the corporation and of ratepayers of the part of the municipality having the benefit of such lighting, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of individuals or corporations requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to individuals or corporations; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property of the whole or of any part of the municipality, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Régie des services publics, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the corporation may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal lies to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the corporation, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those individuals or corporations who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the municipality;

(9)  to compel the owners or occupants of lands situated, as well in the municipality as in the neighbouring municipalities not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated within the limits of the municipality or within a radius of 48 km, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or firm of persons wishing to take charge thereof; provided that such company, person or firm does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the corporation may take stock in such company, or lend money to such company, person or firm of persons;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the corporation has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755.

1987-06-23

557. Every local corporation may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in the municipality or extending outside the latter in the case where the expropriation is made by the municipal corporation where the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or firm of persons, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers within the municipality or any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Any by-laws adopted under this paragraph must, before coming into force, be approved by the affirmative vote of the majority in number and in value of the electors who are property-owners and who have voted on such by-law, and by the Government;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or firm of persons undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law passed in virtue of this paragraph must, before having force and effect, be approved by the majority of the electors who are proprietors of immovables, and who vote on such by-law, and by the Lieutenant-Governor; provided always that the number of those who vote in favor of such by-law is at least one-third of the total number of such electors who are proprietors;

(5)  to provide for the lighting:

(a)  of the municipality at the expense of the corporation or of a part of the municipality at the expense of the ratepayers of that part of the municipality;

(b)  of a part of the municipality at the expense of the corporation or at the expense both of the corporation and of ratepayers of the part of the municipality having the benefit of such lighting, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of individuals or corporations requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to individuals or corporations; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property of the whole or of any part of the municipality, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Régie des services publics, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the corporation may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal lies to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the corporation, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those individuals or corporations who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the municipality;

(9)  to compel the owners or occupants of lands situated, as well in the municipality as in the neighbouring municipalities not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated within the limits of the municipality or within a radius of 48 km, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or firm of persons wishing to take charge thereof; provided that such company, person or firm does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the corporation may take stock in such company, or lend money to such company, person or firm of persons;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the corporation has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6.

1985-04-01

557. Every local corporation may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in the municipality or extending outside the latter in the case where the expropriation is made by the municipal corporation where the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or firm of persons, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers within the municipality or any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Any by-laws adopted under this paragraph must, before coming into force, be approved by the affirmative vote of the majority in number and in value of the electors who are property-owners and who have voted on such by-law, and by the Government;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or firm of persons undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law passed in virtue of this paragraph must, before having force and effect, be approved by the majority of the electors who are proprietors of immovables, and who vote on such by-law, and by the Lieutenant-Governor; provided always that the number of those who vote in favor of such by-law is at least one-third of the total number of such electors who are proprietors;

(5)  to provide for the lighting:

(a)  of the municipality at the expense of the corporation or of a part of the municipality at the expense of the ratepayers of that part of the municipality;

(b)  of a part of the municipality at the expense of the corporation or at the expense both of the corporation and of ratepayers of the part of the municipality having the benefit of such lighting, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of individuals or corporations requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to individuals or corporations; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property of the whole or of any part of the municipality, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Régie des services publics, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the corporation may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal lies to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the corporation, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those individuals or corporations who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the municipality;

(9)  to compel the owners or occupants of lands situated, as well in the municipality as in the neighbouring municipalities not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated within the limits of the municipality or within a radius of 48 km, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or firm of persons wishing to take charge thereof; provided that such company, person or firm does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the corporation may take stock in such company, or lend money to such company, person or firm of persons;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the corporation has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213.

0001-01-01

557. Every local corporation may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in the municipality or extending outside the latter in the case where the expropriation is made by the municipal corporation where the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or firm of persons, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers within the municipality or any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Any by-laws adopted under this paragraph must, before coming into force, be approved by the affirmative vote of the majority in number and in value of the electors who are property-owners and who have voted on such by-law, and by the Government;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or firm of persons undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law passed in virtue of this paragraph must, before having force and effect, be approved by the majority of the electors who are proprietors of immovables, and who vote on such by-law, and by the Lieutenant-Governor; provided always that the number of those who vote in favor of such by-law is at least one-third of the total number of such electors who are proprietors;

(5)  to provide for the lighting:

(a)  of the municipality at the expense of the corporation or of a part of the municipality at the expense of the ratepayers of that part of the municipality;

(b)  of a part of the municipality at the expense of the corporation or at the expense both of the corporation and of ratepayers of the part of the municipality having the benefit of such lighting, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of individuals or corporations requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to individuals or corporations; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property of the whole or of any part of the municipality, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Régie des services publics, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the corporation may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal lies to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the corporation, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those individuals or corporations who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the municipality;

(9)  to compel the owners or occupants of lands situated, as well in the municipality as in the neighbouring municipalities not more than 30 miles distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the municipality or within a radius of not more than 30 miles therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated within the limits of the municipality or within a radius of 30 miles, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or firm of persons wishing to take charge thereof; provided that such company, person or firm does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the corporation may take stock in such company, or lend money to such company, person or firm of persons;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the corporation has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33.