C-47.1 - Municipal Powers Act

Section 52 Disposition versions

2021-11-05

52. A local municipality may, by by-law, prohibit the spreading of manure, sludge or residues from pulp and paper mills for up to 12 days, the dates of which are determined by the municipality so that the prohibition applies after 31 May and before 1 October and for not more than three consecutive days.

In order for the prohibition to apply in the course of a year, the by-law establishing it must be adopted by the last day of February and published by the last day of March of that year.

The clerk or the clerk-treasurer may, in writing and on request, authorize a person to carry out spreading prohibited by the by-law. Where it has rained for three consecutive days, the clerk or the clerk-treasurer must grant the authorization.

The by-law may prescribe maximum numbers of days that are greater than the numbers set out in the first paragraph if an agreement to that effect is entered into beforehand between the municipality and the regional federation that is affiliated with the association certified in accordance with section 8 of the Farm Producers Act (chapter P-28) and whose territory includes the greatest part of the municipality’s territory.

If most of the farm producers in the territory of the municipality are members of a syndicate, as defined in paragraph e of section 1 of the Farm Producers Act, affiliated with the regional federation referred to in the fourth paragraph, the agreement may be made with that syndicate.

2005, c. 6, s. 52; 2021, c. 31, s. 132.

2006-01-01

52. A local municipality may, by by-law, prohibit the spreading of manure, sludge or residues from pulp and paper mills for up to 12 days, the dates of which are determined by the municipality so that the prohibition applies after 31 May and before 1 October and for not more than three consecutive days.

In order for the prohibition to apply in the course of a year, the by-law establishing it must be adopted by the last day of February and published by the last day of March of that year.

The clerk or the secretary-treasurer may, in writing and on request, authorize a person to carry out spreading prohibited by the by-law. Where it has rained for three consecutive days, the clerk or the secretary-treasurer must grant the authorization.

The by-law may prescribe maximum numbers of days that are greater than the numbers set out in the first paragraph if an agreement to that effect is entered into beforehand between the municipality and the regional federation that is affiliated with the association certified in accordance with section 8 of the Farm Producers Act (chapter P-28) and whose territory includes the greatest part of the municipality’s territory.

If most of the farm producers in the territory of the municipality are members of a syndicate, as defined in paragraph e of section 1 of the Farm Producers Act, affiliated with the regional federation referred to in the fourth paragraph, the agreement may be made with that syndicate.

2005, c. 6, s. 52.