E-20.001 - Act respecting the exercise of certain municipal powers in certain urban agglomerations

Section 178.1 Disposition versions

2005-12-16

178.1. If, during the period mentioned in the third paragraph of section 178, the council of the reconstituted municipality, on behalf of the municipality, intends to enter into an insurance contract or a supply or services contract, within the meaning of section 573 of the Cities and Towns Act (chapter C-19) or article 935 of the Municipal Code of Québec (chapter C-27.1), and if the council considers it appropriate that the contract also apply, in respect of the territory of the reconstituted municipality, before the reorganization of the city, it may enter into the contract on behalf of the city and the reconstituted municipality for a period beginning before and ending after the reorganization.

However, the city may, at the request of the council of the reconstituted municipality, enter into the contract on its own behalf and on behalf of the reconstituted municipality. The city acts through its deliberative body or officer that would have jurisdiction if the contract were entered into only on behalf of the city. No decision of the city relating to the contract requires the approval provided for in section 88 of the Act respecting the consultation of citizens with respect to the territorial reorganization of certain municipalities (2003, chapter 14).

For the period before the reorganization, the city may not enter into a contract in respect of which the council of the reconstituted municipality may exercise the powers provided for in the first two paragraphs, or begin the process for awarding such a contract, unless the council decides not to enter into a contract for the same purpose on behalf of the city and the reconstituted municipality for a period beginning before and ending after the reorganization and not to request the city to do so.

Any call for tenders for the supply or services contract provided for in the first or second paragraph, as well as any document referred to in the call for tenders, must be approved by the Minister before being published or delivered.

A contract entered into by one municipality on behalf of another binds the latter for the period in which the latter has jurisdiction over the territory concerned, as if that other municipality were a party to the contract.

2005, c. 28, s. 173; 2005, c. 50, s. 61.

2005-06-17

178.1. If, during the period mentioned in the third paragraph of section 178, the council of the reconstituted municipality, on behalf of the municipality, intends to enter into a supply or services contract, within the meaning of section 573 of the Cities and Towns Act (chapter C-19) or article 935 of the Municipal Code of Québec (chapter C-27.1), and if the council considers it appropriate that the supply of goods or services also apply, in respect of the territory of the reconstituted municipality, before the reorganization of the city, it may enter into the contract on behalf of the city and the reconstituted municipality for a period beginning before and ending after the reorganization.

However, the city may, at the request of the council of the reconstituted municipality, enter into the contract on its own behalf and on behalf of the reconstituted municipality. The city acts through its deliberative body or officer that would have jurisdiction if the contract were entered into only on behalf of the city. No decision of the city relating to the contract requires the approval provided for in section 88 of the Act respecting the consultation of citizens with respect to the territorial reorganization of certain municipalities (2003, chapter 14).

For the period before the reorganization, the city may not enter into a contract in respect of which the council of the reconstituted municipality may exercise the powers provided for in the first two paragraphs, or begin the process for awarding such a contract, unless the council decides not to enter into a contract for the same purpose on behalf of the city and the reconstituted municipality for a period beginning before and ending after the reorganization and not to request the city to do so.

Any call for tenders for the contract provided for in the first or second paragraph, as well as any document referred to in the call for tenders, must be approved by the Minister before being published or delivered.

A contract entered into by one municipality on behalf of another binds the latter for the period in which the latter has jurisdiction over the territory concerned, as if that other municipality were a party to the contract.

2005, c. 28, s. 173.