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

Section 36 Disposition versions

1996-05-08

36. Section 429 of the said Act is amended for the municipality:

(a)  by replacing paragraph 1 by the following paragraph:

“(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets; the streets shall have a width of at least 12 metres, but, in exceptional cases, the council may obtain from the Minister permission to open and maintain a road of lesser width, but not less than 9 metres; the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force;

To prescribe the manner of making and maintaining the streets in the territory of the municipality wholly or partly at its expense or at the expense of the occupants of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable. The costs of construction or of maintenance at the expense of the occupants of adjacent lots shall be apportioned equally among them by the council and shall be imposed and recovered as a special tax;

The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 26, or reallocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(b)  by replacing paragraph 3 by the following paragraph:

“(3)  To oblige the occupants of lands situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of the land which they occupy, or on the opposite side of the street or road, sidewalks of wood, stone, or other material, in all or part of the territory of the municipality; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the occupants of the abutting land or of the occupants of the land on the other side of the street, or of the occupants of land in part of the territory of the municipality; the cost of construction or of maintenance at the expense of the occupants of lands are apportioned equally among them by the council and shall be imposed and recovered as a special tax;”;

(c)  by replacing paragraph 8 by the following paragraph:

“(8)  To order the making of a master plan of the territory or of any portion of the territory of the municipality, specifying the purposes for which each portion of the territory included in the plan may be used;

To enact that such master plan shall become obligatory, to amend or repeal the same; such by-law shall require the same approval as that mentioned in paragraph 1 of section 426;

To regulate the laying of the public or private streets and the lanes or public places upon lands which the owners are subdividing into building lots; to prohibit such subdivisions and laying out of streets as well as lanes or public places which do not coincide with the master plan and to compel the owners of private streets and lanes to indicate, in the manner stipulated by the council, that the same are private;

To prescribe, according to the topography of the ground and the use for which they are intended, the manner of laying out public or private streets and lanes, the distance to be left between them and their width if it is to exceed 12 metres;

To compel the owner of any land to submit previously to the council of the municipality or to an officer or employee designated for such purpose by the council, any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, and to obtain from the council or the officer or employee concerned a subdivision permit;

To establish a tariff of fees payable for the issuance of such subdivision permit;

To enact in concert with the councils of other interested municipalities or interested Cree and Naskapi bands, the preparation of a joint master plan of the territory or a part of the territory of each of such municipalities or bands;

To render such plan obligatory within the territory of the municipality, as regards the portion which concerns it, to modify or to amend the same in concert with the councils of the other interested municipalities or interested Cree and Naskapi bands, wholly or in part; such by-law shall require the same approval as that mentioned in paragraph 1 of section 426;

To compel the owner of any land to submit previously any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, to a joint committee created for such purpose by the municipalities or the Cree or Naskapi bands interested in the joint master plan, and to obtain from the said committee a subdivision permit;

To establish a tariff of fees payable for the issue of such subdivision permit;

(d)  by replacing paragraph 36 by the following paragraph:

“(36)  To regulate the planting, cultivation and preservation of trees in the streets, square and parks in the territory of the municipality; to compel every proprietor or occupant to ornament his land with grass, shrubs or trees; to prohibit the planting of poplars or willows within a distance fixed by the council from any sidewalk, roadway or underground pipe; to regulate and prohibit without obtaining a licence issued in accordance with a tariff fixed by the council in all or part of the territory of the municipality, upon private as well as upon public property, the felling of trees situated outside of a nursery or woodlot within the meaning of the Act respecting municipal taxation (chapter F-2.1);”.

1978, c. 88, s. 60; 1979, c. 72, s. 490; 1979, c. 25, s. 138; 1996, c. 2, s. 1008.

1981-09-10

36. Section 429 of the said act is amended for the municipality:

(a)  by replacing paragraph 1 by the following paragraph:

“(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets; the streets shall have a width of at least 12 metres, but, in exceptional cases, the council may obtain from the Minister permission to open and maintain a road of lesser width, but not less than 9 metres; the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force;

To prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense of the corporation or of the occupants of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable. The costs of construction or of maintenance at the expense of the occupants of adjacent lots shall be apportioned equally among them by the council and shall be imposed and recovered as a special tax;

The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 26, or reallocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(b)  by replacing paragraph 3 by the following paragraph:

“(3)  To oblige the occupants of lands situated on any road, street, square or public way, established in the municipality, to make and maintain in front of the land which they occupy, or on the opposite side of the street or road, sidewalks of wood, stone, or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the corporation or at the expense of the occupants of the abutting land or of the occupants of the land on the other side of the street, or of the occupants of land in part of the municipality; the cost of construction or of maintenance at the expense of the occupants of lands are apportioned equally among them by the council and shall be imposed and recovered as a special tax;”;

(c)  by replacing paragraph 8 by the following paragraph:

“(8)  To order the making of a master plan of the territory or of any portion of the territory of the municipality, specifying the purposes for which each portion of the territory included in the plan may be used;

To enact that such master plan shall become obligatory, to amend or repeal the same; such by-law shall require the same approval as that mentioned in paragraph 1 of section 426;

To regulate the laying of the public or private streets and the lanes or public places upon lands which the owners are subdividing into building lots; to prohibit such subdivisions and laying out of streets as well as lanes or public places which do not coincide with the master plan of the municipality and to compel the owners of private streets and lanes to indicate, in the manner stipulated by the council, that the same are private;

To prescribe, according to the topography of the ground and the use for which they are intended, the manner of laying out public or private streets and lanes, the distance to be left between them and their width if it is to exceed 12 metres;

To compel the owner of any land to submit previously to the council of the municipality or to an officer or employee designated for such purpose by the council, any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, and to obtain from the council or the officer or employee concerned a subdivision permit;

To establish a tariff of fees payable for the issuance of such subdivision permit;

To enact in concert with the councils of other interested municipal corporations or interested Cree and Naskapi bands, the preparation of a joint master plan of the territory or a part of the territory of each of such corporations or bands;

To render such plan obligatory within the municipality, as regards the portion which concerns it, to modify or to amend the same in concert with the councils of the other interested municipal corporations or interested Cree and Naskapi bands, wholly or in part; such by-law shall require the same approval as that mentioned in paragraph 1 of section 426;

To compel the owner of any land to submit previously any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, to a joint committee created for such purpose by the municipal corporations or the Cree or Naskapi bands interested in the joint master plan, and to obtain from the said committee a subdivision permit;

To establish a tariff of fees payable for the issue of such subdivision permit;

(d)  by replacing paragraph 36 by the following paragraph:

“(36)  To regulate the planting, cultivation and preservation of trees in the streets, square and parks of the municipality; to compel every proprietor or occupant to ornament his land with grass, shrubs or trees; to prohibit the planting of poplars or willows within a distance fixed by the council from any sidewalk, roadway or underground pipe; to regulate and prohibit without obtaining a licence issued in accordance with a tariff fixed by the council throughout the whole municipality or within only one portion thereof, upon private as well as upon public property, the felling of trees situated outside of a nursery or woodlot within the meaning of the Act respecting municipal taxation (chapter F-2.1);”.

1978, c. 88, s. 60; 1979, c. 72, s. 490; 1979, c. 25, s. 138.

1979-12-21

36. Section 429 of the said act is amended for the municipality:

(a)  by replacing paragraph 1 by the following paragraph:

“(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets; the streets shall have a width of a least 12 metres, but, in exceptional cases, the council may obtain from the Minister permission to open and maintain a road of lesser width, but not less than 9 metres; the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force;

To prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense of the corporation or of the occupants of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable. The costs of construction or of maintenance at the expense of the occupants of adjacent lots shall be apportioned equally among them by the council and shall be imposed and recovered as a special tax.

The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 26, or reallocate to any purpose with its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(b)  by replacing paragraph 3 by the following paragraph:

“(3)  To oblige the occupants of lands situated on any road, street, square or public way, established in the municipality, to make and maintain in front of the land which they occupy, or on the opposite side of the street or road, sidewalks of wood, stone, or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the corporation or at the expense of the occupants of the abutting land or of the occupants of the land on the other side of the street, or of the occupants of land in part of the municipality; the cost of construction or of maintenance at the expense of the occupants of lands are apportioned equally among them by the council and shall be imposed and recovered as a special tax;”;

(c)  by replacing paragraph 8 by the following paragraph:

“(8)  To order the making of a master plan of the territory or of any portion of the territory of the municipality, specifying the purposes for which each portion of the territory included in the plan may be used;

To enact that such master plan shall become obligatory, to amend or repeal the same; such by-law shall require the same approval as that mentioned in paragraph 1 of section 426;

To regulate the laying of the public or private streets and the lanes or public places upon lands which the owners are subdividing into building lots; to prohibit such subdivisions and laying out of streets as well as lanes or public places which do not coincide with the master plan of the municipality and to compel the owners of private streets and lanes to indicates, in the manner stipulated by the council, that the same are private;

To prescribe, according to the topography of the ground and the use for which they are intended, the manner of laying out public or private streets and lanes, the distance to be left between them and their width if it is to exceed 12 metres;

To compel the owner of any land to submit previously to the council of the municipality or to an officer or employee designated for such purpose by the council, any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, and to obtain from the council or the officer or employee concerned a subdivision permit;

To establish a tariff of fees payable for the issuance of such subdivision permit;

To enact in concert with the councils of other interested municipal corporations and bands, the preparation of a joint master plan of the territory or a portion of the territory of each of such corporations or bands;

To render such plan obligatory within the municipality, as regards the portion which concerns it, to modify or to amend the same in concert with the councils of the other interested municipal corporations or bands, wholly or in part; such by-law shall require the same approval as that mentioned in paragraph 1 of section 426;

To complet the owner of any land to submit previously any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, to a joint committee created for such purpose by the municipal corporations or bands interested in the joint master plan, and to obtain from the said committee a subdivision permit;

To establish a tariff of fees payable for the issue of such subdivision permit;

(d)  by replacing paragraph 36 by the following paragraph:

“(36)  To regulate the planting, cultivation and preservation of trees in the streets, squares and parks of the municipality; to compel every proprietor or occupant to ornament his land with grass, shrubs or trees; to prohibit the planting of poplars or willows or underground pipe; to regulate and prohibit without obtaining a licence issued in accordance with a tariff fixed by the council throughout the whole municipality or within only one portion thereof, upon privates as well as upon public property, the felling of trees situated outside of a nursery or woodlot within the meaning of the Act respecting municipal taxation (chapter F-2.1);”.

1978, c. 88, s. 60; 1979, c. 72, s. 490.

1978-06-28

36. Section 429 of the said act is amended for the municipality:

(a)  by replacing paragraph 1 by the following paragraph:

“(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets; the streets shall have a width of a least 12 metres, but, in exceptional cases, the council may obtain from the Minister permission to open and maintain a road of lesser width, but not less than 9 metres; the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force;

To prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense of the corporation or of the occupants of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable. The costs of construction or of maintenance at the expense of the occupants of adjacent lots shall be apportioned equally among them by the council and shall be imposed and recovered as a special tax.

The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 26, or reallocate to any purpose with its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(b)  by replacing paragraph 3 by the following paragraph:

“(3)  To oblige the occupants of lands situated on any road, street, square or public way, established in the municipality, to make and maintain in front of the land which they occupy, or on the opposite side of the street or road, sidewalks of wood, stone, or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the corporation or at the expense of the occupants of the abutting land or of the occupants of the land on the other side of the street, or of the occupants of land in part of the municipality; the cost of construction or of maintenance at the expense of the occupants of lands are apportioned equally among them by the council and shall be imposed and recovered as a special tax;”;

(c)  by replacing paragraph 8 by the following paragraph:

“(8)  To order the making of a master plan of the territory or of any portion of the territory of the municipality, specifying the purposes for which each portion of the territory included in the plan may be used;

To enact that such master plan shall become obligatory, to amend or repeal the same; such by-law shall require the same approval as that mentioned in paragraph 1 of section 426;

To regulate the laying of the public or private streets and the lanes or public places upon lands which the owners are subdividing into building lots; to prohibit such subdivisions and laying out of streets as well as lanes or public places which do not coincide with the master plan of the municipality and to compel the owners of private streets and lanes to indicates, in the manner stipulated by the council, that the same are private;

To prescribe, according to the topography of the ground and the use for which they are intended, the manner of laying out public or private streets and lanes, the distance to be left between them and their width if it is to exceed 12 metres;

To compel the owner of any land to submit previously to the council of the municipality or to an officer or employee designated for such purpose by the council, any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, and to obtain from the council or the officer or employee concerned a subdivision permit;

To establish a tariff of fees payable for the issuance of such subdivision permit;

To enact in concert with the councils of other interested municipal corporations and bands, the preparation of a joint master plan of the territory or a portion of the territory of each of such corporations or bands;

To render such plan obligatory within the municipality, as regards the portion which concerns it, to modify or to amend the same in concert with the councils of the other interested municipal corporations or bands, wholly or in part; such by-law shall require the same approval as that mentioned in paragraph 1 of section 426;

To complet the owner of any land to submit previously any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, to a joint committee created for such purpose by the municipal corporations or bands interested in the joint master plan, and to obtain from the said committee a subdivision permit;

To establish a tariff of fees payable for the issue of such subdivision permit;

(d)  by replacing paragraph 36 by the following paragraph:

“(36)  To regulate the planting, cultivation and preservation of trees in the streets, squares and parks of the municipality; to compel every proprietor or occupant to ornament his land with grass, shrubs or trees; to prohibit the planting of poplars or willows within a distance fixed by the council from any sidewalk, roadway or underground pipe; to regulate and prohibit without obtaining a licence issued in accordance with a tariff fixed by the council throughout the whole municipality or within only one portion thereof, upon privates as well as upon public property, the felling of trees situated outside of a nursery or woodlot within the meaning of the Real Estate Assessment Act (chapter E-16);”.

1978, c. 88, s. 60.