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C-37.1 - Act respecting the Communauté urbaine de l’Outaouais

Section 115
Disposition versions

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115. In no case may the Minister of the Environment, as regards waterworks, sewers or plants or water treatment works, exercise in respect of a municipality whose territory is included in that of the Community any power provided in section 29, 32, 34, 35, 41 or 43 of the Environment Quality Act (chapter Q-2) before calling upon the Community to make the representations to him it considers appropriate.
Where the Minister of the Environment exercises the powers provided in section 35 of the Environment Quality Act, he shall order the execution of intermunicipal work by such municipalities as he may designate, unless the Community has indicated to the Minister that it consents to execute it. If the Community consents to execute the work, the Minister shall not then order its execution except by the Community. The Minister shall not establish the apportionment of the cost of the works, and the cost of maintenance and operation thereof, determine the mode of payment or fix the indemnity, periodic or otherwise, payable by the municipalities for the use of the works or services provided before calling upon the Community to make its representations on this matter.
1969, c. 85, s. 154; 1972, c. 49, s. 156; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 114; 1983, c. 29, s. 39; 1988, c. 49, s. 46; 1996, c. 2, s. 483; 1999, c. 36, s. 158.
115. In no case may the Minister of the Environment and Wildlife, as regards waterworks, sewers or plants or water treatment works, exercise in respect of a municipality whose territory is included in that of the Community any power provided in section 29, 32, 34, 35, 41 or 43 of the Environment Quality Act (chapter Q-2) before calling upon the Community to make the representations to him it considers appropriate.
Where the Minister of the Environment and Wildlife exercises the powers provided in section 35 of the Environment Quality Act, he shall order the execution of intermunicipal work by such municipalities as he may designate, unless the Community has indicated to the Minister that it consents to execute it. If the Community consents to execute the work, the Minister shall not then order its execution except by the Community. The Minister shall not establish the apportionment of the cost of the works, and the cost of maintenance and operation thereof, determine the mode of payment or fix the indemnity, periodic or otherwise, payable by the municipalities for the use of the works or services provided before calling upon the Community to make its representations on this matter.
1969, c. 85, s. 154; 1972, c. 49, s. 156; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 114; 1983, c. 29, s. 39; 1988, c. 49, s. 46; 1996, c. 2, s. 483.
115. In no case may the Minister of the Environment and Wildlife, as regards waterworks, sewers or plants or water treatment works, exercise in respect of a municipality any power provided in section 29, 32, 34, 35, 41 or 43 of the Environment Quality Act (chapter Q-2) before calling upon the Community to make the representations to him it considers appropriate.
Where the Minister of the Environment and Wildlife exercises the powers provided in section 35 of the Environment Quality Act, he shall order the execution of intermunicipal work by such municipalities as he may designate, unless the Community has indicated to the Minister that it consents to execute it. If the Community consents to execute the work, the Minister shall not then order its execution except by the Community. The Minister shall not establish the apportionment of the cost of the works, and the cost of maintenance and operation thereof, determine the mode of payment or fix the indemnity, periodic or otherwise, payable by the municipalities for the use of the works or services provided before calling upon the Community to make its representations on this matter.
1969, c. 85, s. 154; 1972, c. 49, s. 156; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 114; 1983, c. 29, s. 39; 1988, c. 49, s. 46.
115. In no case may the Minister of the Environment, as regards waterworks, sewers or plants or water treatment works, exercise in respect of a municipality any power provided in section 29, 32, 34, 35, 41 or 43 of the Environment Quality Act (chapter Q-2) before calling upon the Community to make the representations to him it considers appropriate.
Where the Minister of the Environment exercises the powers provided in section 35 of the Environment Quality Act, he shall order the execution of intermunicipal work by such municipalities as he may designate, unless the Community has indicated to the Minister that it consents to execute it. If the Community consents to execute the work, the Minister shall not then order its execution except by the Community. The Minister shall not establish the apportionment of the cost of the works, and the cost of maintenance and operation thereof, determine the mode of payment or fix the indemnity, periodic or otherwise, payable by the municipalities for the use of the works or services provided before calling upon the Community to make its representations on this matter.
1969, c. 85, s. 154; 1972, c. 49, s. 156; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 114; 1983, c. 29, s. 39; 1988, c. 49, s. 46.
115. In no case may the Minister or the Deputy Minister of the Environment, as the case may be, as regards waterworks, sewers or plants or water treatment works, exercise in respect of a municipality any power provided in section 29, 32, 34, 35, 41 or 43 of the Environment Quality Act (chapter Q-2) before calling upon the Community to make the representations to him it considers appropriate.
Where the Minister of the Environment exercises the powers provided in section 35 of the Environment Quality Act, he shall order the execution of intermunicipal work by such municipalities as he may designate, unless the Community has indicated to the Minister that it consents to execute it. If the Community consents to execute the work, the Minister shall not then order its execution except by the Community. The Minister shall not establish the apportionment of the cost of the works, and the cost of maintenance and operation thereof, determine the mode of payment or fix the indemnity, periodic or otherwise, payable by the municipalities for the use of the works or services provided before calling upon the Community to make its representations on this matter.
1969, c. 85, s. 154; 1972, c. 49, s. 156; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 114; 1983, c. 29, s. 39.
115. The Minister of Environment or the Deputy Minister of Environment, as the case may be, as regards waterworks, sewers and plants or water treatment works, shall not:
(a)  exercise as regards any municipality in the territory of the Community the powers contemplated in sections 29, 32, 34, 41 and 43 of the Environment Quality Act (chapter Q-2) without calling upon the Community to make the representations to him it considers appropriate, unless it has filed its written consent;
(b)  exercise as regards any of such municipalities the powers contemplated in section 35 of the Environment Quality Act, except where the Minister of Environment limits himself to ratifying an agreement among such municipalities already approved by the Community; failing an agreement approved by the Community, the Minister shall not order the execution of intermunicipal works except by the Community; the Minister of Environment shall not establish the apportionment of the cost of the works and the maintenance and operating costs thereof, determine the mode of payment or fix the indemnity, periodic or otherwise, payable by the municipalities in the territory of the Community for the use of the works or services provided, before calling upon the Community to make its representations on this matter.
The Régie des eaux du Québec may make with respect to the Community, in the cases pending before it on 1 January 1970, any order which it might have made with respect to any municipality as if the Community had always been a party to the proceedings.
1969, c. 85, s. 154; 1972, c. 49, s. 156; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 114.
115. The Minister of Environment or the Deputy Minister of Environment, as the case may be, as regards waterworks, sewers and plants or water treatment works, shall not:
(a)  exercise as regards any municipality in the territory of the Community the powers contemplated in sections 29, 32, 34, 41 and 43 of the Environment Quality Act (chapter Q-2) without calling upon the Community to make the representations to him it considers appropriate, unless it has filed its written consent;
(b)  exercise as regards any of such municipalities the powers contemplated in section 35 of the Environment Quality Act, except where the Minister of Environment limits himself to ratifying an agreement among such municipalities already approved by the Community; failing an agreement approved by the Community, the Minister of Environment shall not order the execution of intermunicipal works except by the Community; the Deputy Minister of Environment shall not establish the apportionment of the cost of the works and the maintenance and operating costs thereof, determine the mode of payment or fix the indemnity, periodic or otherwise, payable by the municipalities in the territory of the Community for the use of the works or service provided before calling upon the Community to make its representations on this matter.
The Régie des eaux du Québec may make with respect to the Community, in the cases pending before it on 1 January 1970, any order which it might have made with respect to any municipality as if the Community had always been a party to the proceedings.
1969, c. 85, s. 154; 1972, c. 49, s. 156; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35.
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