A-19.1 - Act respecting land use planning and development

Section 168 Disposition versions

1993-12-17

168. (Repealed).

1979, c. 51, s. 168; 1980, c. 34, s. 6; 1984, c. 27, s. 22; 1993, c. 65, s. 76.

1984-06-20

168. Letters patent issued under section 166 shall

(1)  describe the territory of the regional county municipality;

(2)  indicate the name under which that municipality will be designated;

(3)  fix, according to population, the number of votes the representative of a municipality is entitled to or, as the case may be, the number of representatives that that municipality is entitled to on the council of the regional county municipality;

(4)  fix the date and place of the first sitting of the regional county municipality;

(5)  designate a person to act as secretary-treasurer of the regional county municipality until the end of the first sitting of the council;

(6)  determine, where required, which county corporation is succeeded by the regional county municipality and the terms and conditions of that succession, and indicate the place where its records shall be filed;

(7)  where the regional county municipality succeeds to a county corporation or where the territory of the regional county municipality does not correspond exactly to the whole territory of one or several county corporations, according to the limits existing before the establishment of any regional county municipality, determine all or part of the conditions of the division of powers, rights and obligations of the regional county municipalities, county corporations, municipalities and other persons affected directly or indirectly by the establishment of the regional county municipality; in the same circumstances, establish, where applicable, a mechanism or procedure for determining all or part of the conditions of such a division subsequent to the establishment of the regional county municipality; such a mechanism or procedure may include control by a minister or a government agency, and its consequences must be contained in an amendment to the letters patent.

The conditions determined under subparagraph 7 of the first paragraph have effect notwithstanding any inconsistent provision of any general law or special act, regulation, by-law, agreement or other act having juridical effects, and they bind the interested persons whose powers, rights and obligations are the object of the division, even where those persons are not subject to the jurisdiction of the regional county municipality.

Subject to those conditions, the by-laws, resolutions, procès-verbaux, assessment rolls, collection rolls and other acts of a county corporation part of whose territory is included in that of the regional county municipality remain in force in the territory for which they have been made until they are amended, annulled or repealed.

The Minister shall cause to be published, in a newspaper circulated in the zone where the consultation prior to the establishment of the regional county municipality has been held, the text of the conditions determined under subparagraph 7 of the first paragraph with a notice indicating where it may be examined and a copy of it obtained. The notice must mention that any interested person may submit his opinion respecting the conditions to the Minister in writing within thirty days after publication of the notice.

At the request of the Minister, the Commission shall hold a public hearing to hear the interested persons in respect of the conditions determined under subparagraph 7 of the first paragraph. After the hearing, the Commission shall make a report to the Minister.

The Government may, if necessary, amend the letters patent to change the conditions.

1979, c. 51, s. 168; 1980, c. 34, s. 6; 1984, c. 27, s. 22.

1980-12-19

168. Letters patent issued under section 166 shall

(1)  describe the territory of the regional county municipality;

(2)  indicate the name under which that municipality will be designated;

(3)  fix, according to population, the number of votes the representative of a municipality is entitled to or, as the case may be, the number of representatives that that municipality is entitled to on the council of the regional county municipality;

(4)  fix the date and place of the first sitting of the regional county municipality;

(5)  designate a person to act as secretary-treasurer of the regional county municipality until the end of the first sitting of the council;

(6)  determine, where required, which county corporation is succeeded by the regional county municipality and the terms and conditions of that succession, and indicate the place where its records shall be filed;

(7)  where the regional county municipality succeeds to a county corporation or where the territory of the regional county municipality does not correspond exactly to the whole territory of one or several county corporations, according to the limits existing before the establishment of any regional county municipality, determine all or part of the conditions of the division of powers, rights and obligations of the regional county municipalities, county corporations, municipalities and other persons affected directly or indirectly by the establishment of the regional county municipality; in the same circumstances, establish, where applicable, a mechanism or procedure for determining all or part of the conditions of such a division subsequent to the establishment of the regional county municipality; such a mechanism or procedure may include control by a minister or a government agency, and its consequences must be contained in an amendment to the letters patent.

The conditions determined under subparagraph 7 of the first paragraph have effect notwithstanding any inconsistent provision of any general law or special act, regulation, by-law, agreement or other act having juridical effects, and they bind the interested persons whose powers, rights and obligations are the object of the division, even where those persons are not subject to the jurisdiction of the regional county municipality.

Subject to those conditions, the by-laws, resolutions, procès-verbaux, assessment rolls, collection rolls and other acts of a county corporation part of whose territory is included in that of the regional county municipality remain in force in the territory for which they have been made until they are amended, annulled or repealed.

The Minister shall cause to be published, in a newspaper circulated in the zone where the consultation prior to the establishment of the regional county municipality has been held, the text of the conditions determined under subparagraph 7 of the first paragraph with a notice indicating where it may be examined and a copy of it obtained. The notice must mention that any interested person may submit his opinion respecting the conditions to the Minister in writing within thirty days after publication of the notice.

At the request of the Minister, the Commission municipale du Québec shall hold a public hearing to hear the interested persons in respect of the conditions determined under subparagraph 7 of the first paragraph. After the hearing, the Commission shall make a report to the Minister.

The Government may, if necessary, amend the letters patent to change the conditions.

1979, c. 51, s. 168; 1980, c. 34, s. 6.

1980-04-15

168. Letters patent issued under section 166 shall

(1)  describe the territory of the regional county municipality;

(2)  indicate the name under which that municipality will be designated;

(3)  fix, according to population, the number of votes the representative of a municipality is entitled to or, as the case may be, the number of representatives that that municipality is entitled to on the council of the regional county municipality;

(4)  fix the date and place of the first sitting of the regional county municipality;

(5)  designate a person to act as secretary-treasurer of the regional county municipality until the end of the first sitting of the council;

(6)  determine, where required, which county corporation is succeeded by the regional county municipality and the terms and conditions of that succession, and indicate the place where its records shall be filed;

(7)  confirm or amend any agreement binding between a city or town municipality and a county corporation or terminate such an agreement, and indicate, if necessary, the appropriate administrative and financial terms and conditions.

1979, c. 51, s. 168.