C-47.1 - Municipal Powers Act

Section 126.4 Disposition versions

2019-12-11

126.4. Under an agreement entered into under section 126.3, the Minister of Municipal Affairs, Regions and Land Occupancy may, after consulting the Minister of Economy and Innovation, authorize the regional county municipality to entrust the exercise of its powers under section 126.2 to a non-profit organization.

The delegate organization may be an existing non-profit organization or a non-profit organization that the regional county municipality constitutes for that purpose.

The delegation agreement must contain

(1)  a detailed description of its purpose;

(2)  the terms governing the exercise of the delegated powers;

(3)  a statement regarding the duration of the agreement and, as applicable, the conditions for its renewal;

(4)  a mechanism allowing the regional county municipality to ensure compliance with the Municipal Aid Prohibition Act (chapter I-15) or, as applicable, with the limit imposed by the third paragraph of section 126.3 or the limit authorized under that paragraph; and

(5)  the manner in which the assets and liabilities arising from the implementation of the agreement are to be shared, when the agreement ends.

Sections 477.4 to 477.6 and 573 to 573.3.4 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, to the delegate organization, which is deemed to be a local municipality for the purposes of any regulation made under sections 573.3.0.1 and 573.3.1.1 of that Act.

The following modifications required for the purposes of the fourth paragraph are applicable: if the delegate organization does not have a website, the statement and hyperlink required under the second paragraph of section 477.6 of the Cities and Towns Act must be posted on another website determined by the organization, and the body gives public notice of the address of that website at least once a year; the notice must be published in a newspaper in the territory of any regional county municipality served by the delegate organization.

2015, c. 8, s. 222; 2019, c. 29, s. 1.

2015-04-21

126.4. Under an agreement entered into under section 126.3, the Minister of Municipal Affairs, Regions and Land Occupancy may, after consulting the Minister of Economic Development, Innovation and Export Trade, authorize the regional county municipality to entrust the exercise of its powers under section 126.2 to a non-profit organization.

The delegate organization may be an existing non-profit organization or a non-profit organization that the regional county municipality constitutes for that purpose.

The delegation agreement must contain

(1)  a detailed description of its purpose;

(2)  the terms governing the exercise of the delegated powers;

(3)  a statement regarding the duration of the agreement and, as applicable, the conditions for its renewal;

(4)  a mechanism allowing the regional county municipality to ensure compliance with the Municipal Aid Prohibition Act (chapter I-15) or, as applicable, with the limit imposed by the third paragraph of section 126.3 or the limit authorized under that paragraph; and

(5)  the manner in which the assets and liabilities arising from the implementation of the agreement are to be shared, when the agreement ends.

Sections 477.4 to 477.6 and 573 to 573.3.4 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, to the delegate organization, which is deemed to be a local municipality for the purposes of any regulation made under sections 573.3.0.1 and 573.3.1.1 of that Act.

The following modifications required for the purposes of the fourth paragraph are applicable: if the delegate organization does not have a website, the statement and hyperlink required under the second paragraph of section 477.6 of the Cities and Towns Act must be posted on another website determined by the organization, and the body gives public notice of the address of that website at least once a year; the notice must be published in a newspaper in the territory of any regional county municipality served by the delegate organization.

2015, c. 8, s. 222.