C-35 - Act respecting the Commission municipale

Section 46 Disposition versions

1977-12-31

46. When a municipal council has in fact been unable to administer the affairs of the municipality for more than 30 days, although it can validly sit, and it appears to the Commission that it is in the public interest to terminate such situation, the Commission may order by a resolution passed by the affirmative vote of a majority of its members, including its president, that the municipality is under its control.

Such resolution must be confirmed by the Superior Court and shall come into force on the day on which it is so confirmed.

When a municipality is subject to the control of the Commission under this section, if there is or if there occurs a vacancy in the council and if the Commission considers that an election would tend to terminate the situation contemplated in the first paragraph, it may, notwithstanding any inconsistent legislation, order the holding of an election, which must be conducted in all respects in the same manner as a general election, with the necessary modifications.

1971, c. 49, s. 1; 1977, c. 50, s. 5.