S-41 - Act respecting municipal and private electric power systems

Section 14 Disposition versions

2009-06-17

14. (1)  The Commission municipale du Québec is authorized to manage any electricity system established in common by municipalities under subsection 1 of section 12, in the cases provided for by subsection 2 of this section, to the exclusion of the municipal councils concerned.

For the purposes of this subsection, the Commission municipale du Québec shall possess the powers of the municipal council which it replaces and the provisions of sections 48 to 60 of the Act respecting the Commission municipale (chapter C‐35) shall apply, with the necessary modifications, to such management, but only as regards the electricity system.

(2)  The management of an electricity system established under subsection 1 of section 12 is entrusted to the Commission municipale du Québec.

(a)  upon application by the council of each of the municipalities interested, by resolution adopted by a majority of at least two-thirds of the councillors or, as the case may be, of the aldermen, of each of them; or

(b)  subject to subsection 3, upon application by the council of a municipality interested, by resolution adopted by a majority of at least two-thirds of its councillors, or, as the case may be, of the aldermen, or upon application, submitted to the Minister of Municipal Affairs, Regions and Land Occupancy, by at least 50 qualified voters entitled to have their names entered on the referendum list of the municipalities having in common established an electricity system.

(3)  The provisions of the Act respecting elections and referendums in municipalities (chapter E‐2.2) which concern the manner in which the rights of a legal person may be exercised, and the manner in which qualified voters entitled to have their names entered on the referendum list and the applications demanding that a referendum poll be held are counted apply, adapted as required, to any application contemplated in paragraph b of subsection 2. For the purposes of determining which qualified voters entitled to have their names entered on the referendum list are qualified to submit such an application, the reference date within the meaning of the said Act is the date of receipt of the application.

The Commission municipale du Québec, before taking charge of the management of the electricity system, shall submit the application to the qualified voters of each municipality interested, for approval. The consultation shall be effected by means of a referendum poll in accordance with the above-mentioned Act. The Commission shall take charge of the management of the electricity system only if the results of the poll show, in each municipality, a number of affirmative votes greater than the number of negative votes.

R. S. 1964, c. 186, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 805; 1996, c. 2, s. 951; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

2005-06-17

14. (1)  The Commission municipale du Québec is authorized to manage any electricity system established in common by municipalities under subsection 1 of section 12, in the cases provided for by subsection 2 of this section, to the exclusion of the municipal councils concerned.

For the purposes of this subsection, the Commission municipale du Québec shall possess the powers of the municipal council which it replaces and the provisions of sections 48 to 60 of the Act respecting the Commission municipale (chapter C‐35) shall apply, with the necessary modifications, to such management, but only as regards the electricity system.

(2)  The management of an electricity system established under subsection 1 of section 12 is entrusted to the Commission municipale du Québec.

(a)  upon application by the council of each of the municipalities interested, by resolution adopted by a majority of at least two-thirds of the councillors or, as the case may be, of the aldermen, of each of them; or

(b)  subject to subsection 3, upon application by the council of a municipality interested, by resolution adopted by a majority of at least two-thirds of its councillors, or, as the case may be, of the aldermen, or upon application, submitted to the Minister of Municipal Affairs and Regions, by at least 50 qualified voters entitled to have their names entered on the referendum list of the municipalities having in common established an electricity system.

(3)  The provisions of the Act respecting elections and referendums in municipalities (chapter E‐2.2) which concern the manner in which the rights of a legal person may be exercised, and the manner in which qualified voters entitled to have their names entered on the referendum list and the applications demanding that a referendum poll be held are counted apply, adapted as required, to any application contemplated in paragraph b of subsection 2. For the purposes of determining which qualified voters entitled to have their names entered on the referendum list are qualified to submit such an application, the reference date within the meaning of the said Act is the date of receipt of the application.

The Commission municipale du Québec, before taking charge of the management of the electricity system, shall submit the application to the qualified voters of each municipality interested, for approval. The consultation shall be effected by means of a referendum poll in accordance with the above-mentioned Act. The Commission shall take charge of the management of the electricity system only if the results of the poll show, in each municipality, a number of affirmative votes greater than the number of negative votes.

R. S. 1964, c. 186, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 805; 1996, c. 2, s. 951; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

2003-12-18

14. (1)  The Commission municipale du Québec is authorized to manage any electricity system established in common by municipalities under subsection 1 of section 12, in the cases provided for by subsection 2 of this section, to the exclusion of the municipal councils concerned.

For the purposes of this subsection, the Commission muncipale du Québec shall possess the powers of the municipal council which it replaces and the provisions of sections 48 to 60 of the Act respecting the Commission municipale (chapter C‐35) shall apply, with the necessary modifications, to such management, but only as regards the electricity system.

(2)  The management of an electricity system established under subsection 1 of section 12 is entrusted to the Commission municipale du Québec.

(a)  upon application by the council of each of the municipalities interested, by resolution adopted by a majority of at least two-thirds of the councillors or, as the case may be, of the aldermen, of each of them; or

(b)  subject to subsection 3, upon application by the council of a municipality interested, by resolution adopted by a majority of at least two-thirds of its councillors, or, as the case may be, of the aldermen, or upon application, submitted to the Minister of Municipal Affairs, Sports and Recreation, by at least 50 qualified voters entitled to have their names entered on the referendum list of the municipalities having in common established an electricity system.

(3)  The provisions of the Act respecting elections and referendums in municipalities (chapter E‐2.2) which concern the manner in which the rights of a legal person may be exercised, and the manner in which qualified voters entitled to have their names entered on the referendum list and the applications demanding that a referendum poll be held are counted apply, adapted as required, to any application contemplated in paragraph b of subsection 2. For the purposes of determining which qualified voters entitled to have their names entered on the referendum list are qualified to submit such an application, the reference date within the meaning of the said Act is the date of receipt of the application.

The Commission municipale du Québec, before taking charge of the management of the electricity system, shall submit the application to the qualified voters of each municipality interested, for approval. The consultation shall be effected by means of a referendum poll in accordance with the above-mentioned Act. The Commission shall take charge of the management of the electricity system only if the results of the poll show, in each municipality, a number of affirmative votes greater than the number of negative votes.

R. S. 1964, c. 186, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 805; 1996, c. 2, s. 951; 1999, c. 43, s. 13; 2003, c. 19, s. 250.

1999-10-27

14. (1)  The Commission municipale du Québec is authorized to manage any electricity system established in common by municipalities under subsection 1 of section 12, in the cases provided for by subsection 2 of this section, to the exclusion of the municipal councils concerned.

For the purposes of this subsection, the Commission muncipale du Québec shall possess the powers of the municipal council which it replaces and the provisions of sections 48 to 60 of the Act respecting the Commission municipale (chapter C-35) shall apply, with the necessary modifications, to such management, but only as regards the electricity system.

(2)  The management of an electricity system established under subsection 1 of section 12 is entrusted to the Commission municipale du Québec.

(a)  upon application by the council of each of the municipalities interested, by resolution adopted by a majority of at least two-thirds of the councillors or, as the case may be, of the aldermen, of each of them; or

(b)  subject to subsection 3, upon application by the council of a municipality interested, by resolution adopted by a majority of at least two-thirds of its councillors, or, as the case may be, of the aldermen, or upon application, submitted to the Minister of Municipal Affairs and Greater Montréal, by at least 50 qualified voters entitled to have their names entered on the referendum list of the municipalities having in common established an electricity system.

(3)  The provisions of the Act respecting elections and referendums in municipalities (chapter E-2.2) which concern the manner in which the rights of a legal person may be exercised, and the manner in which qualified voters entitled to have their names entered on the referendum list and the applications demanding that a referendum poll be held are counted apply, adapted as required, to any application contemplated in paragraph b of subsection 2. For the purposes of determining which qualified voters entitled to have their names entered on the referendum list are qualified to submit such an application, the reference date within the meaning of the said Act is the date of receipt of the application.

The Commission municipale du Québec, before taking charge of the management of the electricity system, shall submit the application to the qualified voters of each municipality interested, for approval. The consultation shall be effected by means of a referendum poll in accordance with the above-mentioned Act. The Commission shall take charge of the management of the electricity system only if the results of the poll show, in each municipality, a number of affirmative votes greater than the number of negative votes.

R. S. 1964, c. 186, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 805; 1996, c. 2, s. 951; 1999, c. 43, s. 13.

1996-05-08

14. (1)  The Commission municipale du Québec is authorized to manage any electricity system established in common by municipalities under subsection 1 of section 12, in the cases provided for by subsection 2 of this section, to the exclusion of the municipal councils concerned.

For the purposes of this subsection, the Commission muncipale du Québec shall possess the powers of the municipal council which it replaces and the provisions of sections 48 to 60 of the Act respecting the Commission municipale (chapter C-35) shall apply, mutatis mutandis, to such management, but only as regards the electricity system.

(2)  The management of an electricity system established under subsection 1 of section 12 is entrusted to the Commission municipale du Québec.

(a)  upon application by the council of each of the municipalities interested, by resolution adopted by a majority of at least two-thirds of the councillors or, as the case may be, of the aldermen, of each of them; or

(b)  subject to subsection 3, upon application by the council of a municipality interested, by resolution adopted by a majority of at least two-thirds of its councillors, or, as the case may be, of the aldermen, or upon application, submitted to the Minister of Municipal Affairs, by at least 50 qualified voters entitled to have their names entered on the referendum list of the municipalities having in common established an electricity system.

(3)  The provisions of the Act respecting elections and referendums in municipalities (chapter E-2.2) which concern the manner in which the rights of a legal person may be exercised, and the manner in which qualified voters entitled to have their names entered on the referendum list and the applications demanding that a referendum poll be held are counted apply, adapted as required, to any application contemplated in paragraph b of subsection 2. For the purposes of determining which qualified voters entitled to have their names entered on the referendum list are qualified to submit such an application, the reference date within the meaning of the said Act is the date of receipt of the application.

The Commission municipale du Québec, before taking charge of the management of the electricity system, shall submit the application to the qualified voters of each municipality interested, for approval. The consultation shall be effected by means of a referendum poll in accordance with the above-mentioned Act. The Commission shall take charge of the management of the electricity system only if the results of the poll show, in each municipality, a number of affirmative votes greater than the number of negative votes.

R. S. 1964, c. 186, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 805; 1996, c. 2, s. 951.

1988-01-01

14. (1)  The Commission municipale du Québec is authorized to manage any electricity system established in common by municipal corporations under subsection 1 of section 12, in the cases provided for by subsection 2 of this section, to the exclusion of the municipal councils concerned.

For the purposes of this subsection, the Commission muncipale du Québec shall possess the powers of the municipal council which it replaces and the provisions of sections 48 to 60 of the Act respecting the Commission municipale (chapter C-35) shall apply, mutatismutandis, to such management, but only as regards the electricity system.

(2)  The management of an electricity system established under subsection 1 of section 12 is entrusted to the Commission municipale du Québec.

(a)  upon application by the council of each of the municipal corporations interested, by resolution adopted by a majority of at least two-thirds of the councillors or, as the case may be, of the aldermen, of each of them; or

(b)  subject to subsection 3, upon application by the council of a municipal corporation interested, by resolution adopted by a majority of at least two-thirds of its councillors, or, as the case may be, of the aldermen, or upon application, submitted to the Minister of Municipal Affairs, by at least fifty qualified voters entitled to have their names entered on the referendum list of the municipal corporations having in common established an electricity system.

(3)  The provisions of the Act respecting elections and referendums in municipalities (chapter E-2.2) which concern the manner in which the rights of a legal person may be exercised, and the manner in which qualified voters entitled to have their names entered on the referendum list and the applications demanding that a referendum poll be held are counted apply, adapted as required, to any application contemplated in paragraph b of subsection 2. For the purposes of determining which qualified voters entitled to have their names entered on the referendum list are qualified to submit such an application, the reference date within the meaning of the said Act is the date of receipt of the application.

The Commission municipale du Québec, before taking charge of the management of the electricity system, shall submit the application to the qualified voters of each municipality interested, for approval. The consultation shall be effected by means of a referendum poll in accordance with the above-mentioned Act. The Commission shall take charge of the management of the electricity system only if the results of the poll show, in each municipality, a number of affirmative votes greater than the number of negative votes.

R. S. 1964, c. 186, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 805.

1977-12-31

14. (1)  The Commission municipale du Québec is authorized to manage any electricity system established in common by municipal corporations under subsection 1 of section 12, in the cases provided for by subsection 2 of this section, to the exclusion of the municipal councils concerned.

For the purposes of this subsection, the Commission muncipale du Québec shall possess the powers of the municipal council which it replaces and the provisions of sections 48 to 60 of the Act respecting the Commission municipale (chapter C-35) shall apply, mutatismutandis, to such management, but only as regards the electricity system.

(2)  The management of an electricity system established under subsection 1 of section 12 is entrusted to the Commission municipale du Québec.

(a)  upon application by the council of each of the municipal corporations interested, by resolution adopted by a majority of at least two-thirds of the councillors or, as the case may be, of the aldermen, of each of them; or

(b)  subject to subsection 3, upon application by the council of a municipal corporation interested, by resolution adopted by a majority of at least two-thirds of its councillors, or, as the case may be, of the aldermen, or upon application, submitted to the Minister of Municipal Affairs, by at least fifty elector-proprietors of the municipal corporations having in common established an electricity system.

(3)  In the case of paragraph b of subsection 2, the Commission municipale du Québec, before taking charge of the management of the electricity system, shall hold a referendum in each of the municipalities interested, and it may not take charge of such management unless the elector-proprietors of each municipality have voted in favour of such measure, by a majority in number of the elector-proprietors who have voted on the referendum.

The procedure for the holding of such referendum shall be, mutatismutandis, that provided by the law governing the municipal corporation for the approval of by-laws by secret ballot.

R. S. 1964, c. 186, s. 15; 1977, c. 5, s. 14.