V-5.1 - The Cree Villages and the Naskapi Village Act

Section 33 Disposition versions

2016-01-01

33. Sections 411 and 422 of the said Act are replaced for the municipality by the following sections:

“411. Any member of the municipality or any resident, who, in the case of a natural person, is of the age of majority, may, by petition presented in his name, apply and obtain on the ground of illegality, the quashing of any by-law or any part of a by-law of the council.

Such petition shall be presented within three months and cannot be brought thereafter, following the coming into force of such by-law, to the Superior Court of the judicial district forming all or part of the territory of the municipality.

“422. (1)  Notwithstanding article 29 of the Code of Civil Procedure, there shall be no appeal from judgments rendered in the course of a proceeding in an action to quash a by-law under sections 411 and 413 to 420 inclusively. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.

(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered by the Superior Court in any matter mentioned in sections 381 to 411.”

1978, c. 88, s. 56, s. 57; 1996, c. 2, s. 1005; I.N. 2016-01-01 (NCCP).

1996-05-08

33. Sections 411 and 422 of the said Act are replaced for the municipality by the following sections:

“411. Any member of the municipality or any resident, who, in the case of a natural person, is of the age of majority, may, by petition presented in his name, apply and obtain on the ground of illegality, the quashing of any by-law or any part of a by-law of the council.

Such petition shall be presented within three months and cannot be brought thereafter, following the coming into force of such by-law, to the Superior Court of the judicial district forming all or part of the territory of the municipality.

“422. (1)  Notwithstanding article 29 of the Code of Civil Procedure, there shall be no appeal from interlocutory judgments rendered in an action to quash a by-law under sections 411 and 413 to 420 inclusively. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.

(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered by the Superior Court in any matter mentioned in sections 381 to 411.”

1978, c. 88, s. 56, s. 57; 1996, c. 2, s. 1005.

1978-06-28

33. Sections 411 and 422 of the said act are replaced for the municipality by the following sections:

“411. Any member of the corporation or any resident, who, in the case of a natural person, is of the age of majority, may, by petition presented in his name, apply and obtain on the ground of illegality, the quashing of any by-law or any part of a by-law of the council.

Such petition shall be presented within three months and cannot be brought thereafter, following the coming into force of such by-law, to the Superior Court of the judicial district in which the municipality is wholly or partly situated.

“422. (1)  Notwithstanding article 29 of the Code of Civil Procedure, there shall be no appeal from interlocutory judgments rendered in an action to quash a by-law under sections 411 and 413 to 420 inclusively. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.

(2)  An appeal shall to the Court of Appeal from the final judgment rendered by the Superior Court in any matter mentioned in sections 381 to 411.”

1978, c. 88, s. 56, s. 57.