C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 210 Disposition versions

1985-06-20

210. The budget of the Community and the budget of the Société de transport shall be submitted to the Council not later than 15 November at a special meeting called for such purpose.

Such meeting shall be adjourned as often as necessary and shall not be closed until the budgets have been adopted. If there is not a quorum, the meeting shall be automatically adjourned to 8:00 p.m. on the following juridical day.

The Council may, on its own motion, amend the budgets.

The Council is not bound to adopt simultaneously all the appropriations of the budget and thus may adopt every appropriation separately.

The Council may also, before 1 January, adopt temporarily, for a period of three months, one quarter of every appropriation provided for in the budget. The same applies before each period beginning 1 April, 1 July and 1 October. The Council may thus adopt at the same time

(1)  three quarters of every appropriation if it does so before 1 April; and

(2)  one half of every appropriation, if it does so before 1 July.

If, on 1 January, the budget of the Community or of the Société de transport has not been adopted, one quarter of each of the appropriations provided for in the budget of the preceding fiscal year, with the exception of those mentioned in the seventh paragraph, is deemed adopted and shall come into force. The same applies on 1 April, 1 July and 1 October if on each of those dates the budget has not been adopted.

The presumption of adoption and the coming into force provided for in the sixth paragraph do not apply to the appropriations provided for in the budget for the preceding fiscal year, which correspond

(1)  to those mentioned in the certificate of the treasurer contemplated in section 209;

(2)  to those then adopted separately under the fourth paragraph; and

(3)  to those one quarter of which has then been adopted under the fifth paragraph for the same period of three months.

In the hypothesis mentioned in the sixth paragraph, the appropriations mentioned in the certificate of the treasurer contemplated in section 209 and included in the budget that is being studied are deemed to be adopted on 1 January and shall then come into force.

The adoption, after 1 January, of the budget or one of its appropriations in accordance with the fourth paragraph is retroactive to that date. The same rule applies to the by-laws and resolutions arising therefrom.

A certified copy of the budget of the Community and of the Société de transport shall be transmitted to the Minister within thirty days of its adoption.

1969, c. 84, s. 248; 1972, c. 73, s. 7; 1974, c. 82, s. 21; 1977, c. 5, s. 14; 1982, c. 18, s. 83; 1984, c. 38, s. 106; 1985, c. 31, s. 42.

1985-01-01

210. The budget of the Community and the budget of the Commission de transport shall be submitted to the Council not later than 15 November at a special meeting called for such purpose.

Such meeting shall be adjourned as often as necessary and shall not be closed until the budgets have been adopted. If there is not a quorum, the meeting shall be automatically adjourned to eight o’clock in the evening on the following juridical day.

The Council may, on its own motion, amend the budgets.

The Council is not bound to adopt simultaneously all the appropriations of the budget and thus may adopt every appropriation separately.

The Council may also, before 1 January, adopt temporarily, for a period of three months, one quarter of every appropriation provided for in the budget. The same applies before each period beginning 1 April, 1 July and 1 October. The Council may thus adopt at the same time

(1)  three quarters of every appropriation if it does so before 1 April; and

(2)  one half of every appropriation, if it does so before 1 July.

If, on 1 January, the budget of the Community or of the Commission de transport has not been adopted, one quarter of each of the appropriations provided for in the budget of the preceding fiscal year, with the exception of those mentioned in the seventh paragraph, is deemed adopted and shall come into force. The same applies on 1 April, 1 July and 1 October if on each of those dates the budget has not been adopted.

The presumption of adoption and the coming into force provided for in the sixth paragraph do not apply to the appropriations provided for in the budget for the preceding fiscal year, which correspond

(1)  to those mentioned in the certificate of the treasurer contemplated in section 209;

(2)  to those then adopted separately under the fourth paragraph; and

(3)  to those one quarter of which has then been adopted under the fifth paragraph for the same period of three months.

In the hypothesis mentioned in the sixth paragraph, the appropriations mentioned in the certificate of the treasurer contemplated in section 209 and included in the budget that is being studied are deemed to be adopted on 1 January and shall then come into force.

The adoption, after 1 January, of the budget or one of its appropriations in accordance with the fourth paragraph is retroactive to that date. The same rule applies to the by-laws and resolutions arising therefrom.

A certified copy of the budget of the Community and of the Transit Commission shall be transmitted to the Minister within thirty days of its adoption.

1969, c. 84, s. 248; 1972, c. 73, s. 7; 1974, c. 82, s. 21; 1977, c. 5, s. 14; 1982, c. 18, s. 83; 1984, c. 38, s. 106.

1982-07-11

210. The budget of the Community and the budget of the Commission de transport shall be submitted to the Council not later than 15 November at a special meeting called for such purpose.

Such meeting shall be adjourned as often as necessary and shall not be closed until the budgets have been adopted. If there is not a quorum, the meeting shall be automatically adjourned to eight o’clock in the evening on the following juridical day.

The Council may, on its own motion, amend the budgets.

The Council is not bound to adopt simultaneously all the appropriations of the budget and thus may adopt every appropriation separately.

The Council may also, before 1 January, adopt temporarily, for a period of three months, one quarter of every appropriation provided for in the budget. The same applies before each period beginning 1 April, 1 July and 1 October. The Council may thus adopt at the same time

(1)  three quarters of every appropriation if it does so before 1 April; and

(2)  one half of every appropriation, if it does so before 1 July.

If, on 1 January, the budget of the Community or of the Commission de transport has not been adopted, one quarter of each of the appropriations provided for in the budget of the preceding fiscal year, with the exception of those mentioned in the seventh paragraph, is deemed adopted and shall come into force. The same applies on 1 April, 1 July and 1 October if on each of those dates the budget has not been adopted.

The presumption of adoption and the coming into force provided for in the sixth paragraph do not apply to the appropriations provided for in the budget for the preceding fiscal year, which correspond

(1)  to those mentioned in the certificate of the treasurer contemplated in section 209;

(2)  to those then adopted separately under the fourth paragraph; and

(3)  to those one quarter of which has then been adopted under the fifth paragraph for the same period of three months.

In the hypothesis mentioned in the sixth paragraph, the appropriations mentioned in the certificate of the treasurer contemplated in section 209 and included in the budget that is being studied are deemed to be adopted on 1 January and shall then come into force.

The adoption, after 1 January, of the budget or one of its appropriations in accordance with the fourth paragraph is retroactive to that date. The same rule applies to the by-laws and resolutions arising therefrom.

1969, c. 84, s. 248; 1972, c. 73, s. 7; 1974, c. 82, s. 21; 1977, c. 5, s. 14; 1982, c. 18, s. 83.

0001-01-01

210. The budget of the Community and the budget of the Transit Commission shall be submitted to the Council not later than 15 November at a special meeting called for such purpose.

Such meeting shall be adjourned as often as necessary and, subject to the following paragraph, shall not be closed until the budget of the Community and the budget of the Transit Commission are adopted.

If the budget of the Community and the budget of the Transit Commission are not adopted by the Council on 5 December, they shall automatically come into force from such date.

However, if the budget of the Community or the budget of the Transit Commission comes into force automatically under this section without having been formally approved by the Council, ten members of the Council representing the City of Montréal or five members of such Council appointed by other municipalities may apply to the Commission municipale du Québec, by a petition served upon the Community, and, where such is the case, upon the Transit Commission, and filed with the Commission municipale du Québec before the ensuing 20 December of the same year, to have such budgets amended in whole or in part.

After it has notified the municipalities concerned and heard those which have expressed their desire to be heard, the Commission municipale du Québec must render its decision before the ensuing 1 February. In such decision it may confirm or amend the budget. Nevertheless, it shall not amend the budget unless it is convinced that such budget entails serious prejudice to the ratepayers of any part of the territory of the Community.

According as to which party loses, it may order the Community or such municipalities as it designates to pay to the Community or to the municipalities which it designates such amount as it considers equitable to meet the expenses incurred for such appeal; the order for such purpose shall be homologated upon a motion to the Provincial Court or, if the amount in dispute is three thousand dollars or more, by the Superior Court; the order so homologated shall be executory in the same manner as a judgment of such a court.

It may also make any interlocutory order to safeguard the rights of the interested parties during the suit.

1969, c. 84, s. 248; 1972, c. 73, s. 7; 1974, c. 82, s. 21; 1977, c. 5, s. 14.