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C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 141
Disposition versions

Full text
141. Every municipality whose territory is included in that of the Community shall submit to the executive committee for approval any project for the construction, enlargement or alteration of depollution works before passing the resolution or the by-law necessary for implementing such project.
Within 15 days after receiving such application, the executive committee shall determine whether such project is of a purely local nature or has any repercussion on any territory larger than that of the municipality.
The executive committee may approve any project of a purely local nature. It may also approve a project that has repercussions in any territory larger than that of the municipality if it is approved by the municipalities involved, if the municipalities involved agree to the project alterations required by the executive committee or if the project results from an order of the Minister of the Environment.
In any other case, the Council may, by resolution, subject to the approval of the Minister of the Environment, order such alterations as it deems expedient to the plans and specifications of the proposed work and authorize the municipality to carry out such work. Failing an agreement between the Community and the municipalities involved concerning the apportionment of the cost of the work, such apportionment shall be ordered by the Minister of the Environment.
1969, c. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 107; 1982, c. 18, s. 56; 1985, c. 31, s. 12; 1988, c. 49, s. 48; 1994, c. 17, s. 33; 1996, c. 2, s. 546; 1999, c. 36, s. 158.
141. Every municipality whose territory is included in that of the Community shall submit to the executive committee for approval any project for the construction, enlargement or alteration of depollution works before passing the resolution or the by-law necessary for implementing such project.
Within 15 days after receiving such application, the executive committee shall determine whether such project is of a purely local nature or has any repercussion on any territory larger than that of the municipality.
The executive committee may approve any project of a purely local nature. It may also approve a project that has repercussions in any territory larger than that of the municipality if it is approved by the municipalities involved, if the municipalities involved agree to the project alterations required by the executive committee or if the project results from an order of the Minister of the Environment and Wildlife.
In any other case, the Council may, by resolution, subject to the approval of the Minister of the Environment and Wildlife, order such alterations as it deems expedient to the plans and specifications of the proposed work and authorize the municipality to carry out such work. Failing an agreement between the Community and the municipalities involved concerning the apportionment of the cost of the work, such apportionment shall be ordered by the Minister of the Environment and Wildlife.
1969, c. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 107; 1982, c. 18, s. 56; 1985, c. 31, s. 12; 1988, c. 49, s. 48; 1994, c. 17, s. 33; 1996, c. 2, s. 546.
141. Every municipality shall submit to the executive committee for approval any project for the construction, enlargement or alteration of depollution works before passing the resolution or the by-law necessary for implementing such project.
Within 15 days after receiving such application, the executive committee shall determine whether such project is of a purely local nature or has any repercussion on any territory larger than that of the municipality.
The executive committee may approve any project of a purely local nature. It may also approve a project that has repercussions in any territory larger than that of the municipality if it is approved by the municipalities involved, if the municipalities involved agree to the project alterations required by the executive committee or if the project results from an order of the Minister of the Environment and Wildlife.
In any other case, the Council may, by resolution, subject to the approval of the Minister of the Environment and Wildlife, order such alterations as it deems expedient to the plans and specifications of the proposed work and authorize the municipality to carry out such work. Failing an agreement between the Community and the municipalities involved concerning the apportionment of the cost of the work, such apportionment shall be ordered by the Minister of the Environment and Wildlife.
1969, c. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 107; 1982, c. 18, s. 56; 1985, c. 31, s. 12; 1988, c. 49, s. 48; 1994, c. 17, s. 33.
141. Every municipality shall submit to the executive committee for approval any project for the construction, enlargement or alteration of depollution works before passing the resolution or the by-law necessary for implementing such project.
Within 15 days after receiving such application, the executive committee shall determine whether such project is of a purely local nature or has any repercussion on any territory larger than that of the municipality.
The executive committee may approve any project of a purely local nature. It may also approve a project that has repercussions in any territory larger than that of the municipality if it is approved by the municipalities involved, if the municipalities involved agree to the project alterations required by the executive committee or if the project results from an order of the Minister of the Environment.
In any other case, the Council may, by resolution, subject to the approval of the Minister of the Environment, order such alterations as it deems expedient to the plans and specifications of the proposed work and authorize the municipality to carry out such work. Failing an agreement between the Community and the municipalities involved concerning the apportionment of the cost of the work, such apportionment shall be ordered by the Minister of the Environment.
1969, c. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 107; 1982, c. 18, s. 56; 1985, c. 31, s. 12; 1988, c. 49, s. 48.
141. Every municipality shall submit to the executive committee for approval any project for the construction, enlargement or alteration of depollution works before passing the resolution or the by-law necessary for implementing such project.
Within fifteen days after receiving such application, the executive committee shall determine whether such project is of a purely local nature or has any repercussion on any territory larger than that of the municipality.
The executive committee may approve any project of a purely local nature. It may also approve a project that has repercussions in any territory larger than that of the municipality if it is approved by the municipalities involved, if the municipalities involved agree to the project alterations required by the executive committee or if the project results from an order of the Minister or Deputy Minister of the Environment.
In any other case, the Council may, by resolution, subject to the approval of the Deputy Minister of the Environment, order such alterations as it deems expedient to the plans and specifications of the proposed work and authorize the municipality to carry out such work. Failing an agreement between the Community and the municipalities involved concerning the apportionment of the cost of the work, such apportionment shall be ordered by the Minister of the Environment.
1969, c. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 107; 1982, c. 18, s. 56; 1985, c. 31, s. 12.
141. Every municipality shall submit to the executive committee for approval any project for the construction, enlargement or alteration of depollution works before passing the resolution or the by-law necessary for implementing such project.
Within fifteen days after receiving such application, the executive committee shall determine whether such project is of a purely local nature or has any repercussion on any territory larger than that of the municipality.
If the executive committee decides that the project has intermunicipal repercussions, the Council may, by resolution, subject to the approval of the Deputy Minister of the Environment, order such alterations as it deems expedient to the plans and specifications of the proposed work and authorize the municipality to carry out such work. Failing an agreement between the Community and the municipalities involved concerning the apportionment of the cost of the work, such apportionment shall be ordered by the Minister of the Environment.
1969, c. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 107; 1982, c. 18, s. 56.
141. The Minister of Environment or the Deputy Minister of Environment as the case may be, shall not:
(a)  exercise as regards any municipality 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 municipality the powers contemplated in section 35 of the Environment Quality Act (chapter Q-2), except in the case where the Minister of Environment limits himself to ratifying an agreement among such municipalities which has already been approved by the Community; failing an agreement approved by the Community, the Minister of Environment shall order the execution of the intermunicipal works contemplated in section 35 by the municipalities that he designates, unless the Community, after being called upon by him, consents to execute them. If the Community consents to execute the works, the Minister of Environment shall not then order their execution except by the Community; the Minister of Environment shall not establish the apportionment of the cost of the works and the cost of maintenance and operation thereof, determine the method 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. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 107.
141. The Minister of Environment or the Deputy Minister of Environment as the case may be, shall not:
(a)  exercise as regards any municipality 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 municipality the powers contemplated in section 35 of the Environment Quality Act, except in the case where the Minister of Environment limits himself to ratifying an agreement among such municipalities which has already been approved by the Community; failing an agreement approved by the Community, the Minister of Environment shall order the execution of the intermunicipal works contemplated in section 35 by the municipalities that he designates, unless the Community, after being called upon by him, consents to execute it. If the Community consents to execute the works, the Deputy Minister of Environment shall not then order their execution except by the Community; the Deputy Minister shall not establish the apportionment of the cost of the works and the cost of maintenance and operation thereof, determine the method 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. 84, s. 173; 1971, c. 90, s. 13; 1972, c. 49, s. 140; 1977, c. 5, s. 14; 1979, c. 49, s. 33, s. 35.
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