C-47.1 - Municipal Powers Act

Section 78.13 Disposition versions

2008-06-12

78.13. A municipality that has jurisdiction over public roads and by whose public roads substances on which duties are payable under section 78.2 are or could be transported from a site situated in the territory of another municipality may request that municipality to enter into an agreement with respect to the allocation of the sums paid into the fund established in accordance with this division.

If the municipality that established the fund refuses to enter into an agreement, the municipality making the request may submit the dispute to the Commission municipale du Québec, whose decision is final, provided its territory meets at least one of the following conditions:

(1)  it is contiguous to the territory of the municipality that established the fund;

(2)  it is contiguous to the territory of the regional county municipality that includes the territory of the municipality that established the fund; and

(3)  if the municipality making the request is a local municipality, it is included in the territory of a regional county municipality that meets one of the conditions set out in subparagraphs 1 and 2 or is included in the territory of the regional county municipality that includes the territory of the municipality that established the fund.

The decision of the Commission must take into account, among other things, the extent to which the public roads of each municipality are used for the transportation of the substances and, if applicable, determine criteria for the allocation of the sums paid into the fund. The decision of the Commission applies to the sums collected from the date on which the dispute is submitted to it.

2008, c. 18, s. 66.