151. Any elector wishing that a repeated or continuous breach of a by-law be brought to an end may file a notice of correction with the Regional Government.
Such notice shall be filed at the office of the Regional Government, whose functionaries must help the elector to draw up the notice, if the elector requires it. Furthermore, the notice may be sent by mail and the date of the post-mark is then considered as that of the filing.
After receiving a notice, the Regional Government shall meet the elector, the representatives of the municipal corporation and, if necessary, the person who is alleged not to conform to the by-law.
Depending on the conclusions reached further to its inquiry, the Regional Government shall suggest either that the elector withdraw his notice of correction, or that the municipal corporation take certain measures, or that the person contemplated cease the exercise of an activity or change his behaviour.
Such suggestion shall be made in writing, not later than sixty days after the filing of the notice. A copy of the document proposing the suggestion shall be sent to the elector, to the municipal corporation, as well as, if necessary, to the person who is alleged not to conform to the by-law.
If, ninety days after the filing of the notice, the intervention by the Regional Government is, according to the elector’s opinion, unsuccessful, the latter may serve a motion directly to a judge of the Court of Québec to obtain:(a) the order contemplated in subsection 3 of section 145; or
(b) an order enjoining the municipal corporation to take the necessary measures for the breach to cease.
The motion must be served to the municipal corporation, to the Regional Government and, as the case may be, to the person accused of the breach, not later than one hundred and twenty days after filing the notice of continuous contravention, under pain of nullity.
1978, c. 87, s. 151; 1988, c. 21, s. 66; 1990, c. 4, s. 909.