C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 306.3 Disposition versions

1999-10-22

306.3. The manner of determining the aliquot shares of the deficit of the Société and the terms and conditions of payment of the aliquot shares by the municipalities whose territory is included in that of the Société shall be prescribed in the by-law adopted by the Council under section 220.1.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the Société when its budget is transmitted to the Community.

The by-law may prescribe the terms and conditions of the repayment by the Community to the Société of the amount payable by the municipalities as though it were an aliquot share and take into account the repayment provided for in section 306.1. However, the Société may in no case be forced to return to the Community or to the municipalities an overpayment noticed following an adjustment resulting from the deferred coming into force of all or part of its budget or from the successive use of provisional and final data in determining the basis of apportionment. Moreover, where such an adjustment reveals that the Community must pay a supplement to the Société, the Community may use any surplus referred to in section 217 to make this payment in addition to or instead of adjusting the aliquot shares of the municipalities.

1985, c. 31, s. 25; 1991, c. 32, s. 194; 1995, c. 71, s. 58; 1996, c. 67, s. 66; 1999, c. 40, s. 68.

1996-12-23

306.3. The manner of determining the aliquot shares of the deficit of the corporation and the terms and conditions of payment of the aliquot shares by the municipalities whose territory is included in that of the corporation shall be prescribed in the by-law adopted by the Council under section 220.1.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the corporation when its budget is transmitted to the Community.

The by-law may prescribe the terms and conditions of the repayment by the Community to the corporation of the amount payable by the municipalities as though it were an aliquot share and take into account the repayment provided for in section 306.1. However, the corporation may in no case be forced to return to the Community or to the municipalities an overpayment noticed following an adjustment resulting from the deferred coming into force of all or part of its budget or from the successive use of provisional and final data in determining the basis of apportionment. Moreover, where such an adjustment reveals that the Community must pay a supplement to the corporation, the Community may use any surplus referred to in section 217 to make this payment in addition to or instead of adjusting the aliquot shares of the municipalities.

1985, c. 31, s. 25; 1991, c. 32, s. 194; 1995, c. 71, s. 58; 1996, c. 67, s. 66.

1995-12-15

306.3. The manner of determining the aliquot shares of the deficit of the corporation and the terms and conditions of payment of the aliquot shares by the municipalities whose territory is included in that of the corporation shall be prescribed in the by-law adopted by the Council under section 220.1.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the corporation when its budget is transmitted to the Community.

The by-law may prescribe the terms and conditions of the repayment by the Community to the corporation of the amount payable by the municipalities as though it were an aliquot share and take into account the repayment provided for in section 306.1. However, the corporation may in no case be forced to return to the Community or to the municipalities an overpayment noticed following an adjustment resulting from the deferred coming into force of all or part of its budget or from the successive use of provisional and final data in determining its fiscal potential. Moreover, where such an adjustment reveals that the Community must pay a supplement to the corporation, the Community may use any surplus referred to in section 217 to make this payment in addition to or instead of adjusting the aliquot shares of the municipalities.

1985, c. 31, s. 25; 1991, c. 32, s. 194; 1995, c. 71, s. 58.

1991-06-20

306.3. The corporation shall prescribe, by a by-law approved by the Council, the manner of determining the aliquot shares of its deficit and the terms and conditions of payment of the aliquot shares by the municipalities situated within the territory of the corporation.

The by-law may, in particular, determine for every situation provided for in section 210 or 212,

(1)  the date on which the data used to establish provisionally or finally the fiscal potential are to be considered;

(2)  the time limit for determining each aliquot share and for informing each municipality of it;

(3)  the obligation of a municipality to pay the aliquot share in a single payment or its right to pay it in a certain number of instalments;

(4)  the time limit within which each instalment must be paid;

(5)  the rate of interest payable on an outstanding instalment;

(6)  the adjustments that may result from the deferred coming into force of all or part of the budget of the corporation or from the successive use of provisional and final data in determining the fiscal potential.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the corporation when its budget is transmitted to the Community.

The by-law may prescribe the terms and conditions of the repayment by the Community to the corporation of the amount payable by the municipalities as though it were an aliquot share and take into account the repayment provided for in section 306.1. However, the corporation may in no case be forced to return to the Community or to the municipalities an overpayment noticed following an adjustment provided for in subparagraph 6 of the second paragraph of this section. Moreover, where such an adjustment reveals that the Community must pay a supplement to the corporation, the Community may use any surplus referred to in section 217 to make this payment in addition to or instead of adjusting the aliquot shares of the municipalities.

1985, c. 31, s. 25; 1991, c. 32, s. 194.

1985-06-20

306.3. The Community shall pay to the corporation, not later than the tenth of each of the months of March, June, September and November of the year corresponding to the fiscal year contemplated in the budget of the corporation, the amount of the payments of the aliquot shares determined by the treasurer of the Community and falling due on the first of each of the months mentioned above.

1985, c. 31, s. 25.