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V-5.1 - The Cree Villages and the Naskapi Village Act
Section 31
Disposition versions
31. Sections 346, 351, 354, 362, 366, 367, 368, 372, 375, 376, 380 and 381 of the said Act are replaced for the municipality by the following sections:
“346. The council shall meet at least once every three months, in general or ordinary session, to despatch the business of the municipality, and shall hold its sittings on the days and at the hours which it determines by by-law.
“351. In case the mayor refuses to call a special sitting when deemed necessary by at least three members of the council, or by the other members of the council if it is composed of three members or less, such members may, by a requisition to the clerk of the municipality, duly signed by them, order the sitting to be called. Upon receipt of such requisition, the clerk of the municipality shall issue a notice to the members in the manner mentioned in section 350, provided such requisition specifies the business for which the sitting is called.
“354. If there is no quorum, two members of the council, or the member present if the council is composed of three members or less, 30 minutes after its being established that there is no quorum, may adjourn a meeting to a later date.
Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.
The hour of the adjournment, the names of the members of the council who were present, and the day and hour to which such meeting was adjourned, shall be entered in the minute book of the council.
“362. Every notice shall be either special or public, and shall be in writing.
Public notices shall be published; special notices shall be notified.
“366. Every person having a right to receive a notice and who is not within the Category I lands intended for the Cree community concerned or is not within the Category I-N lands intended for the Naskapi community, as the case may be, may, by a special notice filed in the office of the council, appoint an agent residing within this territory to represent him for purposes connected with the notification of municipal notices.
“367. The special notice addressed to an absent person who has appointed an agent residing within the territory pursuant to section 366, must be notified to such agent in the same manner as if the person to whom it is addressed resided within this territory.
“368. Unless such person has made known his address in writing by filing the same in the office of the council, no one need give a special notice to a person absent within the meaning of sections 366 and 367 who has not appointed an agent.
“372. The publication of a public notice for municipal purposes shall be made by posting it in the office of the council.
“375. Except in cases otherwise provided for, the period which is to elapse after a public notice shall begin to run from the day on which such notice is published.
In all cases, the day on which the notice was published shall not be counted.
Saving provision to the contrary, public notices shall be published at least seven clear days before the day fixed for the proceeding concerned.
“376. Public notices shall be applicable to and binding upon persons affected who are domiciled outside the territory envisaged in section 366 in the same manner as those who are domiciled therein.
“380. The council, of its own motion, may submit to the members of the municipality and to the residents of the municipality any question that may be the subject of a decision of the council.
The question shall be defined by resolution of the council.
The vote shall be taken in the manner provided in section 399, the provisions of which shall apply with the necessary modifications.
The council may also exercise such power at the request of 20 persons contemplated in the first paragraph and then require, if it wishes, that the applicants pay such sum as it deems fair to meet the costs of taking the vote.
“381. Any procès-verbal, roll, resolution or other order of the council may be set aside by the Superior Court of the district in which the territory of the municipality is wholly or partly situated, by reason of illegality, in the same manner, within the same period and with the same effect as a by-law of the council, in accordance with sections 411, 413 to 420 inclusively and 422. They shall be subject to the provisions of section 393.
The special recourse granted by this section shall not exclude or affect the application for judicial review under subparagraph 1 of the first paragraph of article 529 of the Code of Civil Procedure (chapter C-25.01).”
31. Sections 346, 351, 354, 362, 366, 367, 368, 372, 375, 376, 380 and 381 of the said Act are replaced for the municipality by the following sections:
“346. The council shall meet at least once every three months, in general or ordinary session, to despatch the business of the municipality, and shall hold its sittings on the days and at the hours which it determines by by-law.
“351. In case the mayor refuses to call a special sitting when deemed necessary by at least three members of the council, or by the other members of the council if it is composed of three members or less, such members may, by a requisition to the clerk of the municipality, duly signed by them, order the sitting to be called. Upon receipt of such requisition, the clerk of the municipality shall issue a notice to the members in the manner mentioned in section 350, provided such requisition specifies the business for which the sitting is called.
“354. If there is no quorum, two members of the council, or the member present if the council is composed of three members or less, 30 minutes after its being established that there is no quorum, may adjourn a meeting to a later date.
Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.
The hour of the adjournment, the names of the members of the council who were present, and the day and hour to which such meeting was adjourned, shall be entered in the minute book of the council.
“362. Every notice shall be either special or public, and shall be in writing.
Public notices shall be published; special notices shall be served.
“366. Every person having a right to receive a notice and who is not within the Category I lands intended for the Cree community concerned or is not within the Category I-N lands intended for the Naskapi community, as the case may be, may, by a special notice filed in the office of the council, appoint an agent residing within this territory to represent him for purposes connected with the service of municipal notices.
“367. The special notice addressed to an absent person who has appointed an agent residing within the territory pursuant to section 366, must be served on such agent in the same manner as if the person to whom it is addressed resided within this territory.
“368. Unless such person has made known his address in writing by filing the same in the office of the council, no one need give a special notice to a person absent within the meaning of sections 366 and 367 who has not appointed an agent.
“372. The publication of a public notice for municipal purposes shall be made by posting it in the office of the council.
“375. Except in cases otherwise provided for, the period which is to elapse after a public notice shall begin to run from the day on which such notice is published.
In all cases, the day on which the notice was published shall not be counted.
Saving provision to the contrary, public notices shall be published at least seven clear days before the day fixed for the proceeding concerned.
“376. Public notices shall be applicable to and binding upon persons affected who are domiciled outside the territory envisaged in section 366 in the same manner as those who are domiciled therein.
“380. The council, of its own motion, may submit to the members of the municipality and to the residents of the municipality any question that may be the subject of a decision of the council.
The question shall be defined by resolution of the council.
The vote shall be taken in the manner provided in section 399, the provisions of which shall apply with the necessary modifications.
The council may also exercise such power at the request of 20 persons contemplated in the first paragraph and then require, if it wishes, that the applicants pay such sum as it deems fair to meet the costs of taking the vote.
“381. Any procès-verbal, roll, resolution or other order of the council may be set aside by the Superior Court of the district in which the territory of the municipality is wholly or partly situated, by reason of illegality, in the same manner, within the same period and with the same effect as a by-law of the council, in accordance with sections 411, 413 to 420 inclusively and 422. They shall be subject to the provisions of section 393.
The special recourse granted by this section shall not exclude or affect the action to annul in case where the same may be brought under the provisions of article 33 of the Code of Civil Procedure.”
31. Sections 346, 351, 354, 362, 366, 367, 368, 372, 375, 376, 380 and 381 of the said Act are replaced for the municipality by the following sections:
“346. The council shall meet at least once every three months, in general or ordinary session, to despatch the business of the municipality, and shall hold its sittings on the days and at the hours which it determines by by-law.
“351. In case the mayor refuses to call a special sitting when deemed necessary by at least three members of the council, or by the other members of the council if it is composed of three members or less, such members may, by a requisition to the clerk of the municipality, duly signed by them, order the sitting to be called. Upon receipt of such requisition, the clerk of the municipality shall issue a notice to the members in the manner mentioned in section 350, provided such requisition specifies the business for which the sitting is called.
“354. If there is no quorum, two members of the council, or the member present if the council is composed of three members or less, 30 minutes after its being established that there is no quorum, may adjourn a meeting to a later date.
Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.
The hour of the adjournment, the names of the members of the council who were present, and the day and hour to which such meeting was adjourned, shall be entered in the minute book of the council.
“362. Every notice shall be either special or public, and shall be in writing.
Public notices shall be published; special notices shall be served.
“366. Every person having a right to receive a notice and who is not within the Category I lands intended for the Cree community concerned or is not within the Category I-N lands intended for the Naskapi community, as the case may be, may, by a special notice filed in the office of the council, appoint an agent residing within this territory to represent him for purposes connected with the service of municipal notices.
“367. The special notice addressed to an absent person who has appointed an agent residing within the territory pursuant to section 366, must be served on such agent in the same manner as if the person to whom it is addressed resided within this territory.
“368. Unless such person has made known his address in writing by filing the same in the office of the council, no one need give a special notice to a person absent within the meaning of sections 366 and 367 who has not appointed an agent.
“372. The publication of a public notice for municipal purposes shall be made by posting it in the office of the council.
“375. Except in cases otherwise provided for, the delay which is to elapse after a public notice shall begin to run from the day on which such notice is published.
In all cases, the day on which the notice was published shall not be counted.
Saving provision to the contrary, public notices shall be published at least seven clear days before the day fixed for the proceeding concerned.
“376. Public notices shall be applicable to and binding upon persons affected who are domiciled outside the territory envisaged in section 366 in the same manner as those who are domiciled therein.
“380. The council, of its own motion, may submit to the members of the municipality and to the residents of the municipality any question that may be the subject of a decision of the council.
The question shall be defined by resolution of the council.
The vote shall be taken in the manner provided in section 399, the provisions of which shall apply mutatismutandis.
The council may also exercise such power at the request of 20 persons contemplated in the first paragraph and then require, if it wishes, that the applicants pay such sum as it deems fair to meet the costs of taking the vote.
“381. Any procès-verbal, roll, resolution or other order of the council may be set aside by the Superior Court of the district in which the territory of the municipality is wholly or partly situated, by reason of illegality, in the same manner, within the same delay and with the same effect as a by-law of the council, in accordance with sections 411, 413 to 420 inclusively and 422. They shall be subject to the provisions of section 393.
The special recourse granted by this section shall not exclude or affect the action to annul in case where the same may be brought under the provisions of article 33 of the Code of Civil Procedure.”
31. Sections 346, 351, 354, 362, 366, 367, 368, 372, 375, 376, 380 and 381 of the said act are replaced for the municipality by the following sections:
“346. The council shall meet at least once every three months, in general or ordinary session, to despatch the business of the corporation, and shall hold its sittings on the days and at the hours which it determines by by-law.
“351. In case the mayor refuses to call a special sitting when deemed necessary by at least three members of the council, or by the other members of the council if it is composed of three members or less, such members may, by a requisition to the clerk of the municipality, duly signed by them, order the sitting to be called. Upon receipt of such requisition, the clerk of the municipality shall issue a notice to the members in the manner mentioned in section 350, provided such requisition specifies the business for which the sitting is called.
“354. If there is no quorum, two members of the council, or the member present if the council is composed of three members or less, thirty minutes after its being established that there is no quorum, may adjourn a meeting to a later date.
Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.
The hour of the adjournment, the names of the members of the council who were present, and the day and hour to which such meeting was adjourned, shall be entered in the minute book of the council.
“362. Every notice shall be either special or public, and shall be in writing.
Public notices shall be published; special notices shall be served.
“366. Every person having a right to receive a notice and who is not within the Category I lands intended for the Cree community concerned or is not within the Category I-N lands intended for the Naskapi community, as the case may be, may, by a special notice filed in the office of the council, appoint an agent residing within this territory to represent him for purposes connected with the service of municipal notices.
“367. The special notice addressed to an absent person who has appointed an agent residing within the territory pursuant to section 366, must be served on such agent in the same manner as if the person to whom it is addressed resided within this territory.
“368. Unless such person has made known his address in writing by filing the same in the office of the council, no one need give a special notice to a person absent within the meaning of sections 366 and 367 who has not appointed an agent.
“372. The publication of a public notice for municipal purposes shall be made by posting it in the office of the council.
“375. Except in cases otherwise provided for, the delay which is to elapse after a public notice shall begin to run from the day on which such notice is published.
In all cases, the day on which the notice was published shall not be counted.
Saving provision to the contrary, public notices shall be published at least seven clear days before the day fixed for the proceeding concerned.
“376. Public notices shall be applicable to and binding upon persons affected who are domiciled outside the territory envisaged in section 366 in the same manner as those who are domiciled therein.
“380. The council, of its own motion, may submit to the members of the corporation and to the residents of the municipality any question that may be the subject of a decision of the council.
The question shall be defined by resolution of the council.
The vote shall be taken in the manner provided in section 399, the provisions of which shall apply mutatismutandis.
The council may also exercise such power at the request of twenty persons contemplated in the first paragraph and then require, if it wishes, that the applicants pay such sum as it deems fair to meet the costs of taking the vote.
“381. Any procès-verbal, roll, resolution or other order of the council may be set aside by the Superior Court of the district in which the municipality is wholly or partly situated, by reason of illegality, in the same manner, within the same delay and with the same effect as a by-law of the council, in accordance with sections 411, 413 to 420 inclusively and 422. They shall be subject to the provisions of section 393.
The special recourse granted by this section shall not exclude or affect the action to annul in case where the same may be brought under the provisions of article 33 of the Code of Civil Procedure.”
31. Sections 346, 351, 354, 362, 366, 367, 368, 372, 375, 376, 380 and 381 of the said act are replaced for the municipality by the following sections:
“346. The council shall meet at least once every three months, in general or ordinary session, to despatch the business of the corporation, and shall hold its sittings on the days and at the hours which it determines by by-law.
“351. In case the mayor refuses to call a special sitting when deemed necessary by at least three members of the council, or by the other members of the council if it is composed of three members or less, such members may, by a requisition to the clerk of the municipality, duly signed by them, order the sitting to be called. Upon receipt of such requisition, the clerk of the municipality shall issue a notice to the members in the manner mentioned in section 350, provided such requisition specifies the business for which the sitting is called.
“354. If there is no quorum, two members of the council, or the member present if the council is composed of three members or less, thirty minutes after its being established that there is no quorum, may adjourn a meeting to a later date.
Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.
The hour of the adjournment, the names of the members of the council who were present, and the day and hour to which such meeting was adjourned, shall be entered in the minute book of the council.
“362. Every notice shall be either or public, and shall be in writing.
Public notices shall be published; special notices shall be served.
“366. Every person having a right to receive a notice and who is not within the Category I lands intended for the community concerned may, by a special notice filed in the office of the council, appoint an agent residing within this territory to represent him for purposes connected with the service of municipal notices.
“367. The special notice addressed to an absent person who has appointed an agent residing within the territory pursuant to section 366, must be served on such agent in the same manner as if the person to whom it is addressed resided within this territory.
“368. Unless such person has made known his address in writing by filing the same in the office of the council, no one need give a special notice to a person absent within the meaning of sections 366 and 367 who has not appointed an agent.
“372. The publication of a public notice for municipal purposes shall be made by posting it in the office of the council.
“375. Except in cases otherwise provided for, the delay which is to elapse after a public notice shall begin to run from the day on which such notice is published.
In all cases, the day on which the notice was published shall not be counted.
Saving provision to the contrary, public notices shall be published at least seven clear days before the day fixed for the proceeding concerned.
“376. Public notices shall be applicable to and binding upon persons affected who are domiciled outside the territory envisaged in section 366 in the same manner as those who are domiciled therein.
“380. The council, of its own motion, may submit to the members of the corporation and to the residents of the municipality any question that may be the subject of a decision of the council.
The question shall be defined by resolution of the council.
The vote shall be taken in the manner provided in section 399, the provisions of which shall apply mutatismutandis.
The council may also exercise such power at the request of twenty persons contemplated in the first paragraph and then require, if it wishes, that the applicants pay such sum as it deems fair to meet the costs of taking the vote.
“381. Any proces-verval, roll, resolution or other order of the council may be set aside by the Superior Court of the district in which the municipality is wholly or partly situated, by reason of illegality, in the same manner, within the same delay and with the same effect as a by-law of the council, in accordance with sections 411, 413 to 420 inclusively and 422. They shall be subject to the provisions of section 393.
The special recourse granted by this section shall not exclude or affect the action to annul in case where the same may be brought under the provisions of article 33 of the Code of Civil Procedure.”
