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

Section 45 Disposition versions

2004-12-17

45. An urban agglomeration power is not required to be exercised by the sole fact that it has been conferred on the central municipality by a provision of Chapter II or Chapter III.

That sole fact does not prevent a regional county municipality from exercising its right to assume all or part of that power. The power must be assumed in respect of all the related municipalities or all their territories.

The sole fact that the power has been conferred on the central municipality does not prevent the central municipality from delegating all or part of the power, in particular to a reconstituted municipality, by an agreement entered into according to the applicable rules. The delegation may be made in respect of a reconstituted municipality or its territory only if the reconstituted municipality is the delegatee or if it enters into the agreement in order to accept that the delegatee act for the reconstituted municipality or in its territory.

Any provision respecting the exercise of an urban agglomeration power is also deemed to pertain, where applicable, to the exercise of only part of the power or to the exercise of all or part of the power as regards only some of the related municipalities or in only a few of their territories.

2004, c. 29, s. 45.