C-19 - Cities and Towns Act

Section 385 Disposition versions

1988-01-01

385. (Repealed).

R. S. 1964, c. 193, s. 399; 1968, c. 55, s. 110; 1969, c. 55, s. 20; 1982, c. 31, s. 148; 1982, c. 63, s. 131; 1987, c. 57, s. 712.

1982-12-18

385. (1)  When a by-law is submitted for the approval of the persons of full age who are entered on the valuation roll in force as property-owners or tenants and are Canadian citizens, or for the sole approval of those who are entered as property-owners, the vote shall be taken by polling pursuant to the provisions governing elections in the municipality so far as they may be applicable and are not derogated from by the following provisions.

Sections 220 to 220.12 do not apply when such a poll is held.

(2)  No by-law submitted for the approval of the persons contemplated in paragraph 1 shall have effect unless it is approved by a majority of the persons who have voted or, if such persons are only those who are entered as property-owners, by the majority of them in number and in value who have voted.

(3)  A corporation, commercial partnership or association is entitled to only one vote; when the by-law is submitted for the sole approval of the persons who are entered as property-owners, such corporation, commercial partnership or association is not entitled to vote if the immoveable which it owns is exempt from municipal taxes; if the tax exemption is partial, the value is calculated in proportion to the share of real estate taxes payable with respect to such immoveable.

A corporation, commercial partnership or association shall vote through a representative authorized by it for that purpose by a resolution, a copy of which must be filed with the clerk. To vote, the representative must be of full age, be a Canadian citizen and an employee, director or member of the corporation, commercial partnership or association in whose name he votes. The above resolution is valid until it is replaced by another resolution for the same purposes.

R. S. 1964, c. 193, s. 399; 1968, c. 55, s. 110; 1969, c. 55, s. 20; 1982, c. 31, s. 148; 1982, c. 63, s. 131.

1982-06-23

385. (1)  When a by-law is submitted for the approval of the persons of full age who are entered on the valuation roll in force as property-owners or tenants and are Canadian citizens, or for the sole approval of those who are entered as property-owners, the vote shall be taken by polling pursuant to the provisions governing elections in the municipality so far as they may be applicable and are not derogated from by the following provisions.

Sections 220 to 220.12 do not apply when such a poll is held.

(2)  No by-law submitted for the approval of the persons contemplated in paragraph 1 shall have effect unless it is approved by a majority of the persons who have voted or, if such persons are only those who are entered as property-owners, by the majority of them in number and in value who have voted.

(3)  A corporation, commercial partnership or association shall be entitled to only one vote; when the by-law is submitted for the sole approval of the persons who are entered as property-owners, such corporation, commercial partnership or association shall not be entitled to vote if the immoveable which it owns is exempt from municipal taxes; if the tax exemption is partial, the value shall be calculated in proportion to the share of real estate taxes payable with respect to such immoveable. Their vote shall be cast in the manner and under the conditions contemplated in section 122, except that the notice therein mentioned may be published only once within eight days following the date of the publication of the notice contemplated in section 386, and the resolution appointing the representative shall be filed at the office of the clerk at least three days before the date for which the persons concerned have been called or the date of the poll, as the case may be.

R. S. 1964, c. 193, s. 399; 1968, c. 55, s. 110; 1969, c. 55, s. 20; 1982, c. 31, s. 148.

1977-12-31

385. (1)  When a by-law is submitted for the approval of the persons of full age who are entered on the valuation roll in force as property-owners or tenants and are Canadian citizens, or for the sole approval of those who are entered as property-owners, the vote shall be taken by polling pursuant to the provisions governing elections in the municipality so far as they may be applicable and are not derogated from by the following provisions.

Sections 260 and 262 shall not apply when such a poll is held.

(2)  No by-law submitted for the approval of the persons contemplated in paragraph 1 shall have effect unless it is approved by a majority of the persons who have voted or, if such persons are only those who are entered as property-owners, by the majority of them in number and in value who have voted.

(3)  A corporation, commercial partnership or association shall be entitled to only one vote; when the by-law is submitted for the sole approval of the persons who are entered as property-owners, such corporation, commercial partnership or association shall not be entitled to vote if the immoveable which it owns is exempt from municipal taxes; if the tax exemption is partial, the value shall be calculated in proportion to the share of real estate taxes payable with respect to such immoveable. Their vote shall be cast in the manner and under the conditions contemplated in section 122, except that the notice therein mentioned may be published only once within eight days following the date of the publication of the notice contemplated in section 386, and the resolution appointing the representative shall be filed at the office of the clerk at least three days before the date for which the persons concerned have been called or the date of the poll, as the case may be.

R. S. 1964, c. 193, s. 399; 1968, c. 55, s. 110; 1969, c. 55, s. 20.