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

Section 37 Disposition versions

1996-05-08

37. Sections 429a, 433, 434, 435 and 436 of the said Act are replaced for the municipality by the following sections:

“429a. Notwithstanding any contrary or inconsistent provision of this Act, every by-law, resolution or ordinance made or passed by the municipality respecting the means of transport or transport systems by vehicle under the jurisdiction of the Commission des transports du Québec, the making of vehicles, the operation of heavy vehicles and the use of vehicles elsewhere than on public roads must be approved by the Minister of Transport before coming into force.

The Minister of Transport may approve the whole or part of any by-law, resolution or ordinance referred to in this section.

“433. The council may make by-laws to provide for the establishment or acquisition, maintenance, management and regulation of waterworks, public wells, cisterns or reservoirs to supply water in the territory of the municipality, and to instal hydrants, fountains, public drinking places and apparatus for filtering and purifying water.

“434. The municipality may construct or acquire, and maintain, in its territory, and with the approval of the Government, for a distance of 50 kilometres beyond its territory, waterworks, together with all appurtenances and accessories, the construction or acquisition whereof is determined under section 433; it may improve the waterworks and change the site thereof, and construct and maintain all buildings, engines, reservoirs, basins, and other works necessary to convey water.

“435. For the said purposes, the municipality may acquire and hold any building, servitude or usufruct, in its territory, and acquire and hold any immovable, servitude or usufruct within a radius of 50 kilometres of its territory; acquire a right of way wherever it may be necessary; pay any damage occasioned by such works, either to buildings or lands; enter into contracts with any person for the construction of the said waterworks and operate the waterworks when completed.

For the construction of the waterworks and its maintenance afterwards, the contractor for the works or the officers or employees of the municipality authorized by resolution of the council shall have the right to enter during the day-time upon the lands in the neighborhood of the waterworks and take and remove trees, stones, soil, sand and gravel, if they need them for the work of construction or maintenance, and to cut and remove trees and roots which might damage the waterworks, saving reasonable compensation agreed upon between the parties or fixed according to the provisions of section 436.

“436. When the parties cannot come to an amicable arrangement with respect to the acquisition of any immovable property for waterworks or for any of the purposes mentioned in the preceding sections, either within or without the territory of the municipality, or for the right of way through such property, or any servitude thereon, the same may be acquired by expropriation to the extent permitted by sections 605 and following.”

1978, c. 88, s. 61 to s. 65; 1979, c. 32, s. 18; 1996, c. 2, s. 1009, s. 1010; 1996, c. 2, s. 1011, s. 1012; 1996, c. 2, s. 1019.

1979-06-22

37. Sections 429a, 433, 434, 435 and 436 of the said act are replaced for the municipality by the following sections:

“429a. Notwithstanding any contrary or inconsistent provision of this act, every by-law, resolution or ordinance made or passed by the corporation respecting the means of transport or transport systems by vehicle under the jurisdiction of the Commission des transports du Québec, the making of vehicles, the operation of heavy vehicles and the use of vehicles elsewhere than on public roads must be approved by the Minister of Transport before coming into force.

The Minister of Transport may approve the whole or part of any by-law, resolution or ordinance referred to in this section.

“433. The council may make by-laws to provide for the establishment or acquisition, maintenance, management and regulation of waterworks, public wells, cisterns or reservoirs to supply water to the municipality, and to instal hydrants, fountains, public drinking places and apparatus for filtering and purifying water.

“434. The corporation may construct or acquire, and maintain, within the limits of the municipality, and with the approval of the Government, for a distance of 50 kilometres beyond its boundaries, waterworks, together with all appurtenances and accessories, the construction or acquisition whereof is determined under section 433; it may improve the waterworks and change the site thereof, and construct and maintain all buildings, engines, reservoirs, basins, and other works necessary to convey water.

“435. For the said purposes, the corporation may acquire and hold any building, servitude or usufruct, within the limits of the municipality, and acquire and hold any immoveable, servitude or usufruct within a radius of 50 kilometres of its boundaries; acquire a right of way wherever it may be necessary; pay any damage occasioned by such works, either to buildings or lands; enter into contracts with any person for the construction of the said waterworks and operate the waterworks when completed.

For the construction of the waterworks and its maintenance afterwards, the contractor for the works or the officers or employees of the corporation authorized by resolution of the council shall have the right to enter during the day-time upon the lands in the neighborhood of the waterworks and take and remove trees, stones, soil, sand and gravel, if they need them for the work of construction or maintenance, and to cut and remove trees and roots which might damage the waterworks, saving reasonable compensation agreed upon between the parties or fixed according to the provisions of section 436.

“436. When the parties cannot come to an amicable arrangement with respect to the acquisition of any immoveable property for waterworks or for any of the purposes mentioned in the preceding sections, either within or without the municipality, or for the right of way through such property, or any servitude thereon, the same may be acquired by expropriation to the extent permitted by sections 605 and following.”

1978, c. 88, s. 61 to s. 65; 1979, c. 32, s. 18.

1978-06-28

37. Sections 429a, 433, 434, 435 and 436 of the said act is replaced for the municipality by the following sections:

“429a. Notwithstanding any contrary or inconsistent provision of this act, every by-law, resolution or ordinance made or passed by the corporation respecting the means of transport or transport systems by vehicle under the jurisdiction of the Commission des transports du Québec, the making of vehicles, the operation of heavy vehicles and the use of vehicles elsewhere than on public roads must be approved by the Minister of Transport before coming into force.

The Minister of Transport may approve the whole or part of any by-law, resolution or ordinance referred to in this section.

“433. The council may make by-laws to provide for the establishment or acquisition, maintenance, management and regulation of waterworks, public wells, cisterns or reservoirs to supply water to the municipality, and to instal hydrants, fountains, public drinking places and apparatus for filtering and purifying water.

“434. The corporation may construct or acquire, and maintain, within the limits of the municipality, and with the approval of the Gouvernement, for a distance of 50 kilometres beyond its boundaries, waterworks, together with all appurtenances and accessories, the construction or acquisition whereof is determined under section 433; it may improve the waterworks and change the site thereof, and construct and maintain all buildings, engines, reservoirs, basins, and other works necessary to convey water.

“435. For the said pruposes, the corporation may acquire and hold any building, servitude or usufruct, within the limits of the municipality, and acquire and hold any immoveable, servitude or usufruct within a radius of 50 kilometres of its boundaries; acquire a right of way wherever it may be necessary; pay any damage occasioned by such works, either to buildings or lands; enter into contracts with any person for the construction of the said waterworks and operate the waterworks when completed.

For the construction of the waterworks and its maintenance afterwards, the contractor for the works or the officers or employees of the corporation authorized by resolution of the council shall have the right to enter during the day-time upon the lands in the neighborhood of the waterworks and take and remove trees, stones, soil, sand and gravel, if they need them for the work of construction or maintenance, and to cut and remove trees and roots which might damage the waterworks, saving reasonable compensation agreed upon between the parties or fixed according to the provisions of section 436.

“436. When the parties cannot come to an amicable arrangement with respect to the acquisition of any immoveable property for waterworks or for any of the purposes mentioned in the preceding sections, either within or without the municipality, or for the right of way through such property, or any servitude thereon, the same may be acquired by expropriation to the extent permitted by sections 605 and following.”

1978, c. 88, s. 61 to s.65.