C-19 - Cities and Towns Act

Section 38 Disposition versions

1989-01-01

38. (Repealed).

R. S. 1964, c. 193, s. 35; 1968, c. 55, s. 14; 1975, c. 66, s. 1; 1987, c. 57, s. 694; 1988, c. 19, s. 239.

1988-01-01

38. If the council of the municipality whose territory includes the territory proposed for annexation approves the by-law within 30 days after the clerk or the secretary-treasurer receives it, he shall notify the council of the municipality seeking the annexation as soon as practicable.

The by-law must then be submitted for approval to the qualified voters of the territory.

The Act respecting elections and referendums in municipalities (chapter E-2.2) applies for the purposes of the approval as if the by-law were passed by the council of the municipality contemplated by the annexation.

The clerk or the secretary-treasurer of the municipality shall transmit, as soon as practicable, to the council of the municipality seeking the annexation a copy of the certificate of the results of the registration procedure held to determine whether a referendum poll is necessary or a notice attesting that all the qualified voters entitled to have their names entered on the referendum list of the territory have waived the holding of the poll; he shall also, where applicable, transmit to the council, as soon as practicable, a copy of the report of the final results of the poll.

Only the council of the municipality seeking the annexation may fix the date of the poll or withdraw the by-law and only the mayor of that municipality may give a voice vote to break a tie-vote resulting from the poll.

R. S. 1964, c. 193, s. 35; 1968, c. 55, s. 14; 1975, c. 66, s. 1; 1987, c. 57, s. 694.

1977-12-31

38. If the council of the municipality in which the territory which it is proposed to annex is located approves the by-law within thirty days after the clerk or secretary-treasurer received it, he shall forthwith so notify the council of the municipality seeking the annexation; the clerk of such municipality shall then cause to be published once a week for two consecutive weeks, in an English newspaper or in a French newspaper circulating in the municipality where the territory which it is proposed to annex is located, a notice inviting the persons concerned to make their views known respecting the by-law.

The provisions of sections 370 to 384 apply to such consultation, for the purposes of which the persons qualified to vote shall be those contemplated in section 41. However, the dates provided for the registration proceedings shall be not less than twenty nor more than twenty-five days after the date of the last publication and the place where such proceedings are held shall be located within the municipality containing the territory which it is proposed to annex.

R. S. 1964, c. 193, s. 35; 1968, c. 55, s. 14; 1975, c. 66, s. 1.