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C-19 - Cities and Towns Act
Section 356
Disposition versions
356. The passing of every by-law must be preceded by a notice of motion given at a sitting by a council member.
The passing of a by-law must also, subject to the provisions of a special Act governing the filing, passing or tabling of a draft by-law, be preceded by the filing of a draft by-law by a council member at the same sitting as the one at which the notice of motion was given or at a different sitting.
As soon as possible after the draft by-law is filed, copies of it must be made available to the public.
The council must pass the by-law, with or without changes, at a different sitting than the one at which the notice of motion was given and the one at which the draft by-law was filed, and not earlier than the second day following the date on which the latter of those sittings was held.
At the beginning of the sitting at which the passing of the by-law will be considered, copies of the draft by-law must be made available to the public.
The clerk or a council member must, before the by-law is passed, mention its object and any differences between the draft by-law that was filed and the by-law being submitted for passing.
In addition, if the by-law involves an expenditure, the clerk or a council member must mention that fact as well as any mode of financing, payment or repayment of the expenditure.
Changes made to the by-law submitted for passing must not be such as to change the object of the by-law as specified in the draft by-law that was filed.
Any contravention of the first, second, fourth or eighth paragraph entails the nullity of the by-law.
356. The passing of every by-law must be preceded by the tabling of a draft by-law at a sitting of the council and a notice of motion must be given at the same sitting or at a separate sitting.
Every draft by-law may be amended after it has been tabled before the council, without it being necessary to table it again.
The by-law must be passed at a separate sitting from those mentioned in the first paragraph. Not later than two days before that separate sitting, any person may obtain a copy from the person in charge of access to documents for the municipality. That person must make copies available to the public at the beginning of the sitting.
Before the by-law is passed, the clerk or the person presiding at the sitting must mention the object, scope and cost of the by-law and, where applicable, the mode of financing and the mode of payment and repayment.
356. Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at a subsequent sitting held on a later day.
It is not necessary to read the by-law if a copy of the proposed by-law was given to the council members not later than two working days before the sitting at which it is to be approved and if, at that sitting, all the council members present declare that they have read it and waive the reading of it. In this case, however, the clerk or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its costs and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality must issue a copy of the by-law to every person requesting it within the two working days preceding such sitting.
He must also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
356. Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at a subsequent sitting held on a later day.
It is not necessary to read the by-law if a copy of the proposed by-law was given to the council members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, all the council members present declare that they have read it and waive the reading of it. In this case, however, the clerk or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its costs and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality must issue a copy of the by-law to every person requesting it within the two juridical days preceding such sitting.
He must also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
356. Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at a subsequent sitting held on a later day.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the order members not later than two judicial days before the sitting at which it is to be approve and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the clerk or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its costs and, where that applies, the mode of financing and payment and repayment.
The person in charge of access to documents of the municipality must issue a copy of the by-law to every person requesting it within the two juridical days preceding such sitting.
He must also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
356. Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at a subsequent sitting held on a later day.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the order members not later than two judicial days before the sitting at which it is to be approve and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, howerver, the clerk or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its costs and, where that applies, the mode of financing and payment and repayment.
The clerk must issue a copy of the by-law upon payment of the fees payable under the tariff fixed under section 91 to every person requesting it within the two juridical days preceding such sitting.
The clerk must also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
356. Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at a subsequent sitting held on a later day.
It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the other members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the clerk or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost and, where that applies, the mode of financing and payment and repayment.
The clerk must issue a copy of the by-law upon payment of the fees payable under the tariff fixed under section 91 to every person requesting it within the two juridical days preceding such sitting.
The clerk must also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.
When a notice of motion has been given to amend a zoning by-law adopted under paragraph 1 of section 412, no subdivision or building plan shall be approved nor shall any permit be granted for a subdivision or the carrying out of works or the use of an immoveable which, should the amending by-law be adopted, will be prohibited in the zone or sector concerned. But if the amending by-law is not adopted and put in force within three months from the date of the notice of motion, the prohibition enacted by this paragraph ceases then to be applicable.
356. Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at a subsequent sitting held on a later day.
When a notice of motion has been given to amend a zoning by-law adopted under paragraph 1 of section 412, no building plan shall be approved nor shall any permit be granted for carrying out works which, should the amending by-law be adopted, will be prohibited in the zone or sector concerned. But if the amending by-law is not adopted and put in force within three months from the date of the notice of motion, the prohibition enacted by this paragraph shall then cease to be applicable to the works in question.
