S-3.4 - Fire Safety Act

Section 31.2 Disposition versions

2023-10-05

31.2. If a municipality or an intermunicipal board finds that a disagreement with another municipality or another intermunicipal board prevents it from complying with the optimum protection objectives proposed or determined by the regional authority, it may submit the dispute to the Commission municipale du Québec for arbitration, unless the Minister of Municipal Affairs has already exercised the power provided for in either article 618 or 624.1 of the Municipal Code of Québec (chapter C-27.1) or section 468.49 or 469.2 of the Cities and Towns Act (chapter C-19). Likewise, a power provided for in any of those articles or sections may not be exercised by the Minister of Municipal Affairs if the dispute has been submitted to arbitration under this section.

In addition, if the disagreement concerns the implementation of a signed intermunicipal agreement, the municipality or the intermunicipal board cannot apply for the conciliation provided for in article 622 of the Municipal Code of Québec or section 468.53 of the Cities and Towns Act.

The Commission may, after hearing the regional authority concerned, the interested municipalities and, if applicable, the intermunicipal boards, render any decision it considers equitable so that the municipalities or intermunicipal boards referred to in the first paragraph comply with the proposed or determined optimum protection objectives.

Without limiting the scope of the preceding paragraphs, such a decision may provide that the municipality or intermunicipal board concerned exercises its jurisdiction with respect to fire safety outside its territory, to the extent specified in the decision. In such a case, the municipality or intermunicipal board has all the powers required to comply with the decision.

2023, c. 20, s. 133.