C-35 - Act respecting the Commission municipale

Section 44 Disposition versions

1999-10-22

44. During the period of time referred to in section 43, no suit, execution or other proceedings may be begun or continued against any municipality or fabrique in default without the authorization of the Commission. The Commission, in granting such authorization, may impose such conditions as it may deem useful.

During such period the prescription and the time for proceedings shall not run; they, nevertheless, recommence to run in the case where the Commission authorizes a suit, execution or any other proceeding to be begun or continued, and shall run from the date of such authorization.

The provisions of this section shall apply and are deemed to have applied since 18 May 1932, to every person who has become surety, by endorsement or otherwise, for a loan contracted by a municipality. However, in the event of proceedings having been instituted against such person before 29 March 1933, without authorization having been obtained from the Commission for such purpose, the proceedings shall not be null for want of authorization, but they cannot be continued nor can the judgment be executed, without the authorization of the Commission.

The provisions of this section shall not apply to notices of claims for damages to property or for bodily injury.

R. S. 1964, c. 170, s. 43; 1965 (1st sess.), c. 55, s. 15; 1999, c. 40, s. 65.

1977-12-31

44. During the period of time referred to in section 43, no suit, execution or other proceedings may be begun or continued against any municipality or fabrique in default without the authorization of the Commission. The Commission, in granting such authorization, may impose such conditions as it may deem useful.

During such period the prescription and the delays for proceedings shall not run; they, nevertheless, recommence to run in the case where the Commission authorizes a suit, execution or any other proceeding to be begun or continued, and shall run from the date of such authorization.

The provisions of this section shall apply and are deemed to have applied since the 18th of May, 1932, to every person who has become surety, by endorsement or otherwise, for a loan contracted by a municipality. However, in the event of proceedings having been instituted against such person before the 29th of March, 1933, without authorization having been obtained from the Commission for such purpose, the proceedings shall not be null for want of authorization, but they cannot be continued nor can the judgment be executed, without the authorization of the Commission.

The provisions of this section shall not apply to notices of claims for damages to property or for bodily injury.

R. S. 1964, c. 170, s. 43; 1965 (1st sess.), c. 55, s. 15.