C-47.1 - Municipal Powers Act

Section 76 Disposition versions

2010-06-11

76. If the municipalities fail to enter into an agreement under section 75, either one may request that the Commission municipale du Québec rule on whether the management of the parts of the public road concerned need be the responsibility of a single municipality, decide, if necessary, which municipality is to be responsible and prescribe rules for the sharing of expenses.

As soon as possible after the adoption of the resolution setting out the request, the municipality making the request must forward a certified copy of it to the other municipality.

The Commission may, after hearing the parties, either rule that there is no need for a single municipality to be responsible for the management of the parts of the public road concerned or rule that uniform management is necessary, decide which municipality is to be responsible and prescribe rules for the sharing of expenses. The Commission may issue any other order necessary to preserve the rights of the parties.

The Commission’s decision ceases to have effect if the two municipalities reach an agreement under section 75.

2005, c. 6, s. 76; 2010, c. 18, s. 77.

2006-01-01

76. If the municipalities fail to enter into an agreement under section 75, either one may request that the Minister appoint an arbitrator to rule on whether the management of the parts of the public road concerned need be the responsibility of a single municipality, decide, if necessary, which municipality is to be responsible and prescribe rules for the sharing of expenses.

As soon as possible after the adoption of the resolution setting out the request, the municipality making the request must forward a certified copy of it to the other municipality.

The arbitrator appointed under the first paragraph may, after hearing the parties, either rule that there is no need for a single municipality to be responsible for the management of the parts of the public road concerned or rule that uniform management is necessary, decide which municipality is to be responsible and prescribe rules for the sharing of expenses. The arbitrator may issue any other order necessary to preserve the rights of the parties.

The arbitrator’s decision ceases to have effect if the two municipalities reach an agreement under section 75.

Articles 944 to 944.10 and 945.1 to 945.8 of the Code of Civil Procedure (chapter C-25) apply, with the necessary modifications, to the arbitration referred to in the third paragraph.

The arbitrator’s remuneration is determined by the Minister. The costs of the arbitration are divided equally among the municipalities, unless the arbitrator decides otherwise, giving reasons.

2005, c. 6, s. 76.