C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 153 Disposition versions

1993-12-17

153. In this subdivision

(1)  “food” means anything which may be used to feed man or animals, including beverages other than alcoholic beverages within the meaning of the Act respecting the Société des alcools du Québec (chapter S-13);

(2)  “inspector” means a person appointed by the executive committee and entrusted with the carrying out of a by-law or order made under section 153.1.

1969, c. 84, s. 186; 1971, c. 92, s. 5; 1972, c. 73, s. 6; 1974, c. 82, s. 13; 1982, c. 18, s. 59; 1982, c. 64, s. 11; 1993, c. 68, s. 45.

1982-12-18

153. In this subdivision

(1)  “food” means anything which may be used to feed man or animals, including

(a)  a foodstuff of vegetable or animal origin,

(b)  fish, shellfish or crustaceans able to live in a marine environment, including parts of such animals and the products or by-products derived therefrom, and

(c)  a beverage other than an alcoholic beverage within the meaning of the Act respecting the Société des alcools du Québec (chapter S-13);

(2)  “inspector” means a person appointed by the executive committee and entrusted with the carrying out of a by-law or order made under section 153.1.

1969, c. 84, s. 186; 1971, c. 92, s. 5; 1972, c. 73, s. 6; 1974, c. 82, s. 13; 1982, c. 18, s. 59; 1982, c. 64, s. 11.

1982-07-11

153. From the 1 January 1972, the Community shall exercise, in the place and stead of the municipalities, the powers contemplated in the Cities and Towns Act (chapter C-19) and the Charter of the City of Montréal in matters respecting prohibition, seizure, confiscation, regulation and inspection of all stages of production and marketing, including transport, of foods and of any product or animal that may be processed for food intended for consumption in its territory, whether such operations take place in the territory of the Community or outside such territory, as well as the above powers relating to the persons, establishments and the property used in such production or marketing. The Community shall exercise, to the exclusion of the municipalities, the powers provided by law for the carrying out of such functions.

The by-laws and orders in force on the 31 December 1971 in the municipalities shall be applied by the Community from the above date and until the Community, by a by-law it adopts under this section, declares expressly that such by-laws and orders are repealed, amended or replaced.

Where the Community adopts a by-law under this section it may avail itself of the competence and powers provided above, in the Cities and Towns Act or in the Charter of the City of Montréal to exercise them and render the by-law applicable throughout the territory of the Community and outside its territory when the provisions of such act or of such charter enable a municipality to act outside its territory.

The Community may require any person engaged in the production or marketing of any food, product or animal contemplated in this section, to obtain a permit to exercise either of such activities or determine the conditions for issue, suspension or cancellation of such permit. No duty shall be collected for the granting of the permit.

Every by-law or order relating to transport contemplated in the first paragraph shall only come into effect with the approval of the Minister of Transport.

The Council may, by by-law, authorize the executive committee to make any order relating to a by-law made under the preceding paragraph.

Such order is published and comes into force in the same manner as a by-law and is deemed to form part of the by-law to which it relates.

The Community may, by by-law, prescribe that any infringement of a by-law or order made under this section entails as a penalty,

(1)  for a first offence, a fine of not more than $2 000, with or without costs, imprisonment for not more than one month, or both such penalties together;

(2)  for any subsequent offence during a 12 month period from the previous offence, a fine of not more than $5 000, with or without costs, imprisonment for not more than three months, or both such penalties together.

1969, c. 84, s. 186; 1971, c. 92, s. 5; 1972, c. 73, s. 6; 1974, c. 82, s. 13; 1982, c. 18, s. 59.

0001-01-01

153. From the 1 January 1972, the Community shall exercise, in the place and stead of the municipalities, the powers contemplated in the Cities and Towns Act (chapter C-19) and the Charter of the City of Montréal in matters respecting prohibition, seizure, confiscation, regulation and inspection of all stages of production and marketing, including transport, of foods and of any product or animal that may be processed for food intended for consumption in its territory, whether such operations take place in the territory of the Community or outside such territory, as well as the above powers relating to the persons, establishments and the property used in such production or marketing. The Community shall exercise, to the exclusion of the municipalities, the powers provided by law for the carrying out of such functions.

The by-laws and orders in force on the 31 December 1971 in the municipalities shall be applied by the Community from the above date and until the Community, by a by-law it adopts under this section, declares expressly that such by-laws and orders are repealed, amended or replaced.

Where the Community adopts a by-law under this section it may avail itself of the competence and powers provided above, in the Cities and Towns Act or in the Charter of the City of Montréal to exercise them and render the by-law applicable throughout the territory of the Community and outside its territory when the provisions of such act or of such charter enable a municipality to act outside its territory.

The Community may require any person engaged in the production or marketing of any food, product or animal contemplated in this section, to obtain a permit to exercise either of such activities or determine the conditions for issue, suspension or cancellation of such permit. No duty shall be collected for the granting of the permit.

Every by-law or order relating to transport contemplated in the first paragraph shall only come into effect with the approval of the Minister of Transport.

The Council may, by by-law, authorize the executive committee to make any order relating to a by-law made under the preceding paragraph.

Such order shall form part of the by-law to which it relates and shall become binding as soon as a notice is published in one French-language newspaper and one English-language newspaper published or circulating in the territory of the Community, indicating the purpose of the order and the date on which it was made.

The Community may, by by-law, prescribe:

(a)  that any violation of the provisions of a by-law or an ordinance, adopted under the authority of this section, shall entail as a penalty for a first offence a fine not exceeding $2,000, with or without costs, or a penalty of imprisonment not exceeding one month, or both penalties simultaneously and, for any subsequent violation during a twelve-month period, a fine not exceeding $5,000 or a penalty of imprisonment not exceeding three months, or both penalties simultaneously;

(b)  that a penalty of imprisonment for a period not exceeding three months may be imposed failing payment of the fine provided for in paragraph a and that such penalty of imprisonment shall cease immediately upon payment of the fine or the fine and costs, as the case may be;

(c)  that if the violation of a by-law or an ordinance adopted pursuant to this section is continuous, such continuity shall constitute, day by day, a separate violation.

1969, c. 84, s. 186; 1971, c. 92, s. 5; 1972, c. 73, s. 6; 1974, c. 82, s. 13.