C-19 - Cities and Towns Act

Section 412 Disposition versions

2006-01-01

412. (Repealed).

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21; 1998, c. 31, s. 13; 1999, c. 40, s. 51; 1999, c. 36, s. 158; 2000, c. 56, s. 111; 2002, c. 37, s. 76; 2005, c. 6, s. 194.

2002-06-14

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B‐4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by‐law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by‐law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by‐law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by‐law ceases to have effect.

In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by‐law, the resolution of the executive committee recommending to the council the adoption of a by‐law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property‐owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A‐2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by‐law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by‐law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by‐law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by‐law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C‐24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B‐1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by‐law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire‐escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire‐escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine, notwithstanding the Municipal Aid Prohibition Act (chapter I‐15);

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what time they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be deemed to be municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Childcare

(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting childcare centres and childcare services (chapter C‐8.2) and the regulations.

A municipality may also

(a)  (subparagraph repealed);

(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the said Minister authorizes it to exercise under the said section;

(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M‐17.2).

XVI. — ­ Safety of water activities

(47)  to set a maximum rate of speed of 10 km/h for the operation of any vessel in waters within 50 metres from any shore of a lake or watercourse for the purpose of ensuring the safety of persons engaging in an activity in such waters.

A by-law adopted under the first paragraph does not apply

(a)   if the operation of the vessel is for the purpose of towing a person on water skis, a surf board or any other such equipment and the vessel follows a trajectory that is perpendicular to the shore, or the operation takes place within an area delimited by buoys where such operation is permitted ;

(b)  in respect of the operation of a vessel used in the act of saving life or limb or preventing damage to property ;

(c)  in respect of the operation of a safety vessel used by a person for surveillance within the scope of regular activities carried out by a recreational institution or a legally constituted teaching or racing organization ;

(d)  in respect of the operation of a vessel used by a person employed by a legal person established in the public interest and the vessel is being operated in the exercise of his or her functions ;

(e)   in canals or buoyed channels or in rivers that are less than 100 metres in width ; or

(f)  on a lake or watercourse where a maximum rate of speed equal to or less than 10 km/h applies to waters within 50 metres from any shore with respect to the operation of a vessel referred to in the first paragraph.

For the purposes of this paragraph, “vessel” means any floating device, works or craft designed to move through water.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21; 1998, c. 31, s. 13; 1999, c. 40, s. 51; 1999, c. 36, s. 158; 2000, c. 56, s. 111; 2002, c. 37, s. 76.

2002-01-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B‐4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by‐law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by‐law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by‐law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by‐law ceases to have effect.

In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by‐law, the resolution of the executive committee recommending to the council the adoption of a by‐law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property‐owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A‐2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by‐law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by‐law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by‐law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by‐law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C‐24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B‐1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by‐law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire‐escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire‐escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine, notwithstanding the Municipal Aid Prohibition Act (chapter I‐15);

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what time they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be deemed to be municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Childcare

(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting childcare centres and childcare services (chapter C‐8.2) and the regulations.

A municipality may also

(a)  (subparagraph repealed);

(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the said Minister authorizes it to exercise under the said section;

(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M‐17.2).

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21; 1998, c. 31, s. 13; 1999, c. 40, s. 51; 1999, c. 36, s. 158; 2000, c. 56, s. 111.

1999-12-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B‐4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by‐law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by‐law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by‐law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by‐law ceases to have effect.

The provisions of this paragraph apply to all municipalities, governed by this Act, and to Ville de Montréal and Ville de Québec. In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by‐law, the resolution of the executive committee recommending to the council the adoption of a by‐law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property‐owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A‐2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by‐law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by‐law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by‐law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by‐law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C‐24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B‐1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by‐law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire‐escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire‐escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine, notwithstanding the Municipal Aid Prohibition Act (chapter I‐15);

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what time they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be deemed to be municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Childcare

(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting childcare centres and childcare services (chapter C‐8.2) and the regulations.

A municipality may also

(a)  (subparagraph repealed);

(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the said Minister authorizes it to exercise under the said section;

(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M‐17.2).

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21; 1998, c. 31, s. 13; 1999, c. 40, s. 51; 1999, c. 36, s. 158.

1999-10-22

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B‐4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by‐law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by‐law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by‐law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by‐law ceases to have effect.

The provisions of this paragraph apply to all municipalities, governed by this Act, and to Ville de Montréal and Ville de Québec. In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by‐law, the resolution of the executive committee recommending to the council the adoption of a by‐law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property‐owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A‐2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by‐law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by‐law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by‐law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by‐law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C‐24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B‐1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by‐law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire‐escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire‐escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine, notwithstanding the Municipal Aid Prohibition Act (chapter I‐15);

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what time they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be deemed to be municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment and Wildlife;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Childcare

(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting childcare centres and childcare services (chapter C‐8.2) and the regulations.

A municipality may also

(a)  (subparagraph repealed);

(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the said Minister authorizes it to exercise under the said section;

(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M‐17.2).

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21; 1998, c. 31, s. 13; 1999, c. 40, s. 51.

1998-06-17

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, governed by this Act, and to Ville de Montréal and Ville de Québec. In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by-law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by-law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by-law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by-law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine, notwithstanding the Municipal Aid Prohibition Act (chapter I-15);

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment and Wildlife;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Childcare

(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting childcare centres and childcare services (chapter C-8.2) and the regulations.

A municipality may also

(a)  (subSPARagraph repealed);

(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the said Minister authorizes it to exercise under the said section;

(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M-17.2).

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21; 1998, c. 31, s. 13.

1997-09-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, governed by this Act, and to Ville de Montréal and Ville de Québec. In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by-law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by-law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by-law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by-law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment and Wildlife;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Childcare

(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting childcare centres and childcare services (chapter C-8.2) and the regulations.

A municipality may also

(a)  (subSPARagraph repealed);

(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the said Minister authorizes it to exercise under the said section;

(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M-17.2).

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21.

1997-07-02

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, governed by this Act, and to Ville de Montréal and Ville de Québec. In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by-law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by-law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by-law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by-law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment and Wildlife;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A municipality may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the said Minister authorizes it to exercise under the said section;

(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M-17.2).

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21.

1996-06-20

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, governed by this Act, and to Ville de Montréal and Ville de Québec. In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by-law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by-law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by-law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by-law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment and Wildlife;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said Act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said Act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61.

1996-05-08

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, governed by this Act, and to Ville de Montréal and Ville de Québec. In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by-law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by-law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by-law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by-law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment and Wildlife;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said Act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said Act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151.

1994-06-17

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by-law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by-law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by-law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by-law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, within the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment and Wildlife;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an institution for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said Act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said Act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17.

1993-11-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Culture in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Culture has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by-law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by-law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by-law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by-law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;

(20.1)  (Paragraph repealed);

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, within the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an institution for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said Act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said Act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119.

1993-01-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Culture in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Culture has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from laying an information without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the laying of an information against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $30 for a parking infraction or $75 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may lay an information according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within 48 hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been convicted of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, within the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an institution for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said Act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said Act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43.

1992-10-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from laying an information without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the laying of an information against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $30 for a parking infraction or $75 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may lay an information according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within 48 hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been convicted of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, within the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an institution for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said Act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said Act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375.

1992-06-23

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from laying an information without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the laying of an information against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $30 for a parking infraction or $75 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may lay an information according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within 48 hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been convicted of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, within the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said Act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said Act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4.

1990-10-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from laying an information without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the laying of an information against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $10 for a parking infraction or $25 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may lay an information according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within 48 hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been convicted of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, within the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said Act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said Act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said Act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175.

1987-06-29

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of $100 for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of $50 per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $10 for a parking infraction or $25 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than $1 nor more than $5 on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, within the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655.

1986-09-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of $100 for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of $50 per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $10 for a parking infraction or $25 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 3, 4 or 7 of section 512 of the Highway Safety Code (chapter C-24.1), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XII.1. — Emergency vehicles

(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;

(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by-law of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act; to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than $1 nor more than $5 on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, within the municipality or within 1 km therefrom;

By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipility, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5.

1985-04-01

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of $100 for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of $50 per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $10 for a parking infraction or $25 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 3, 4 or 7 of section 512 of the Highway Safety Code (chapter C-24.1), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than $1 nor more than $5 on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible or explosive materials, within the municipality or within 1 km therefrom;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIII.1. — Alarm systems

(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  To allow the corporation to claim the reimbursement of the cost it may incur where such a system is defective;

(c)  To allow the corporation to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;

(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipility, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213.

1983-12-22

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of $100 for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of $50 per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XI.1. — Animals

(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(c)  To prohibit owners or keepers of animals from letting their animals stray in the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.

Any by-law made under this paragraph applies only in a sector of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the municipality and the categories of animals determined by the council.

Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A-2).

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $10 for a parking infraction or $25 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 3, 4 or 7 of section 512 of the Highway Safety Code (chapter C-24.1), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, apparatuses or devices and to prescribe different rules for each category.

(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;

(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;

(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;

(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than $1 nor more than $5 on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  (Paragraph repealed);

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible or explosive materials, within the municipality or within one mile therefrom;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To organize, maintain and regulate a fire department and fire-brigade, and to equip and maintain the same with all necessary appliances by purchase or lease; to provide for the construction of fire stations; to appoint all officers and employees necessary for the extinction and suppression of fires, the protection of property from fire, and the prevention of accidents by fire; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire-alarm department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipility, of any lake the diameter of which, in its greatest width, does not exceed five miles, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51.

1982-12-18

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  Repealed;

(2)  Repealed;

(3)  Repealed;

(4)  Repealed;

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25,000;

(6)  Repealed;

(7)  Repealed;

(8)  (a)  Repealed;

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of one hundred dollars for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of fifty dollars per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed ten dollars for a parking infraction or twenty-five dollars for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 3, 4 or 7 of section 512 of the Highway Safety Code (chapter C-24.1), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  (a)  To require the owner of a dwelling to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;

(c)  To prescribe the place in a dwelling where each apparatus or device must be installed;

(d)  To grant to the owner of a dwelling a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine;

(e)  To require the owner, lessee or occupant of a dwelling to keep the apparatus or device in good working order;

(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;

(g)  To establish categories of dwellings, apparatuses or devices and to prescribe different rules for each category.

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prevent bakers, potters, blacksmiths, brewers, potash or pearlash makers or other manufacturers or persons whomsoever, from building and having ovens, unless the same communicate with a stone or brick chimney and open into such chimney, which must rise at least three feet above the building in or near which such ovens are built;

(b)  To prevent the construction and to cause the removal of dangerous chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus;

(c)  To prevent the depositing of ashes or the accumulation of shavings, or other combustible materials in unsafe places;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than one dollar nor more than five dollars on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  Repealed;

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible or explosive materials, within the municipality or within one mile therefrom;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To organize, maintain and regulate a fire department and fire-brigade, and to equip and maintain the same with all necessary appliances by purchase or lease; to provide for the construction of fire stations; to appoint all officers and employees necessary for the extinction and suppression of fires, the protection of property from fire, and the prevention of accidents by fire; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire-alarm department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipility, of any lake the diameter of which, in its greatest width, does not exceed five miles, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133.

1980-10-16

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  Repealed;

(2)  Repealed;

(3)  Repealed;

(4)  Repealed;

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25,000;

(6)  Repealed;

(7)  Repealed;

(8)  (a)  Repealed;

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of one hundred dollars for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of fifty dollars per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law, which must not exceed ten dollars for a parking infraction or twenty-five dollars for the infraction of any other by-law contemplated in this paragraph. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  To require every owner of a dwelling in the municipality to instal a smoke detector therein;

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prevent bakers, potters, blacksmiths, brewers, potash or pearlash makers or other manufacturers or persons whomsoever, from building and having ovens, unless the same communicate with a stone or brick chimney and open into such chimney, which must rise at least three feet above the building in or near which such ovens are built;

(b)  To prevent the construction and to cause the removal of dangerous chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus;

(c)  To prevent the depositing of ashes or the accumulation of shavings, or other combustible materials in unsafe places;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than one dollar nor more than five dollars on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  Repealed;

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible or explosive materials, within the municipality or within one mile therefrom;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To organize, maintain and regulate a fire department and fire-brigade, and to equip and maintain the same with all necessary appliances by purchase or lease; to provide for the construction of fire stations; to appoint all officers and employees necessary for the extinction and suppression of fires, the protection of property from fire, and the prevention of accidents by fire; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire-alarm department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipility, of any lake the diameter of which, in its greatest width, does not exceed five miles, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;

XV. — Child day care

(46)  To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.

A corporation may also

(a)  act as a home day care agency, in accordance with the said act and the regulations;

(b)  when the Office des services de garde à l’enfance designates it, under section 69 of the said act, to be its regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the bureau authorizes it to exercise under the said section;

(d)  make an agreement with the bureau under section 70 of the said act.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80.

1980-04-15

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  Repealed;

(2)  Repealed;

(3)  Repealed;

(4)  Repealed;

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25,000;

(6)  Repealed;

(7)  Repealed;

(8)  (a)  Repealed;

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of one hundred dollars for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of fifty dollars per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law, which must not exceed ten dollars for a parking infraction or twenty-five dollars for the infraction of any other by-law contemplated in this paragraph. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  To require every owner of a dwelling in the municipality to instal a smoke detector therein;

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prevent bakers, potters, blacksmiths, brewers, potash or pearlash makers or other manufacturers or persons whomsoever, from building and having ovens, unless the same communicate with a stone or brick chimney and open into such chimney, which must rise at least three feet above the building in or near which such ovens are built;

(b)  To prevent the construction and to cause the removal of dangerous chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus;

(c)  To prevent the depositing of ashes or the accumulation of shavings, or other combustible materials in unsafe places;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than one dollar nor more than five dollars on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  Repealed;

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible or explosive materials, within the municipality or within one mile therefrom;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To organize, maintain and regulate a fire department and fire-brigade, and to equip and maintain the same with all necessary appliances by purchase or lease; to provide for the construction of fire stations; to appoint all officers and employees necessary for the extinction and suppression of fires, the protection of property from fire, and the prevention of accidents by fire; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire-alarm department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipility, of any lake the diameter of which, in its greatest width, does not exceed five miles, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260.

1979-06-22

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  To regulate the materials to be used in building and the manner of assembling the same; to prohibit any work not of the prescribed strength and provide for its demolition; to prescribe salubrious conditions and the depth of cellars and basements and the use to be made thereof; to classify, for purposes of regulation, dwellings, commercial establishments, industrial establishments and all other immoveables, including public buildings; to regulate the places where each category of the aforesaid structures may be situated; to divide the municipality into zones of such number, shape and area as the council deems suitable for the purpose of such regulation and, with respect to each of such zones, to prescribe the architecture, dimensions, symmetry, alignment and destination of the structures which may be erected therein, the use of any immoveable located therein, the area and dimensions of lots, the proportion of lots which may be occupied by structures, the space which must be left clear between structures and the lines of lots, the space which, on such lots, must be reserved and arranged for the parking, loading or unloading of vehicles or for the parking of the vehicles used by handicapped persons, within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1), using wheel-chairs and the manner of arranging such space; to divide such zones, if expedient, into sectors for purposes of the polling provided for by this section;

(2)  To compel the proprietor to submit previously the plans for the construction, reconstruction or alteration of or additions to buildings and projects for changes of the destination or use of an immoveable or for the moving of a building, to an officer or employee of the municipality designated for such purpose, and to obtain from the latter a building permit or certificate of approval;

(3)  When the construction of a building is not or has not been made in conformity with the by-laws adopted under paragraph 1 or 2, a judge of the Superior Court sitting in the district where such building is situated may, upon motion by the municipality presented even during a suit, order the owner of the building to demolish it within such delay as he fixes, and order that on failure to do so within such delay the municipality may effect such demolition at the expense of the owner of the building.

When the owner of the building is unknown or of doubtful identity or cannot be found, the judge may authorize the municipality to effect the demolition forthwith, and the municipality may claim the cost thereof from the owner of the building if it identifies or finds him;

(4)  To amend or repeal, in conformity with sections 370 to 384, and subject to this paragraph, any by-law passed under paragraph 1 and any part of such a by-law dividing the municipality into zones or into sectors for voting purposes, prescribing the exterior materials, architecture, dimensions, symmetry, alignment or destination of the structures which may be erected therein and the use of any immoveable located therein, or the area and dimensions of lots, the proportion of lots which may be occupied by structures, the space which must be left clear between structures and the lines of lots, the space which must be reserved and arranged for the parking, loading or unloading of vehicles or for the parking of the vehicles used by handicapped persons, within the meaning of the Act to secure the handicapped in the exercise of their rights, using wheel-chairs and the manner of arranging such space.

The persons who are entered as property-owners on the valuation roll in force with respect to an immoveable situated in the territory contemplated in the by-law, and in the case of physical persons, who are of full age and Canadian citizens, shall be qualified to vote on the by-law. However, for the sole purposes of the registration proceedings provided for in sections 370 to 384, only those among them who are qualified to vote on the by-law on the day of the passing of the by-law by the council are to be taken into consideration, subject to the third paragraph.

The persons who are entered as property-owners on the valuation roll in force with respect to an immoveable situated in a zone or sector adjacent to that which is the subject of the by-law, and, in the case of physical persons, who are of full age and are Canadian citizens, shall be qualified to vote, upon presentation to the clerk, within the five days following the date of publication of a public notice addressed to such persons, of a petition signed by at least twelve of such persons or by a majority of them if their number is less than twenty-four. The clerk must publish such notice at least eight days before the date of publication of the notice provided for in section 372. Such notice must mention the right of such persons to avail themselves of the registration procedure provided in sections 370 to 384, to vote on the by-law, if such is the case, and the manner in which such rights may be exercised; it must also contain the particulars provided in subparagraph a of section 372.

Where, by the application of sections 370 to 384, a vote is demanded, sections 385 to 396 apply, mutatismutandis. However, notwithstanding subsection 2 of section 385, the vote shall be taken in number only.

This paragraph has effect notwithstanding any inconsistent provision of a charter or special act, except in the cases where such provision grants exemption from the approval of the persons contemplated in the second and third paragraphs who are qualified to vote;

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25,000;

(6)  To establish a tariff of fees payable for the issue of the certificates of approval and building permits provided for in paragraph 2 of this section. However, in the case of the construction of dwellings, such fees shall not exceed thirty dollars per dwelling unit;

(7)  To decree that no building permit shall be granted,

(a)  unless the ground on which each proposed structure, including its dependencies, is to be built forms a separate lot on the official cadastral plan or on the subdivision plan made and deposited in accordance with article 2175 of the Civil Code;

(b)  unless the public waterworks and sewer services are installed in the street on which the structure is proposed or the by-law ordering their installation is in force;

(c)  unless the lot on which a structure is to be erected is adjacent to a public street.

The provisions of subparagraphs a, b and c of this paragraph shall not apply to structures for agricultural purposes on lands under cultivation;

(8)  (a)  When a building is in such a condition that it may endanger persons, a judge of the Superior Court sitting in the district where such building is situated may, upon motion by the municipality presented even during a suit, order the owner of the building or any other person in charge thereof to perform the works necessary to ensure the safety of such persons or, if there is no other effective remedy, and if the owner has been impleaded, to demolish the building within such delay as he fixes and order that, on failure to do so within such delay, the municipality may perform such works or effect such demolition at the expense of the owner of the building.

In case of exceptional urgency, the judge may authorize the municipality to perform such works or effect such demolition forthwith, and the municipality may claim the cost thereof from the owner.

When the owner of the building or the person in charge thereof is unknown or of doubtful identity or cannot be found, the judge may authorize the municipality to perform the works or effect the demolition forthwith, and the municipality may claim the cost thereof from the owner of the building if it identifies or finds him.

The judge may also in all cases order the persons who inhabit the building to vacate it within such delay as he fixes.

The motion shall be served in the manner prescribed by the judge unless he dispenses with service; it shall be heard and decided by preference; when it is presented, the judge may authorize the parties to file a written contestation within such delay as he determines and fix a date for proof and hearing; he may also require any evidence that he deems necessary;

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of one hundred dollars for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of fifty dollars per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law, which must not exceed ten dollars for a parking infraction or twenty-five dollars for the infraction of any other by-law contemplated in this paragraph. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;

(20.1)  To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.

The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.

However, such payment may not be invoked as an admission of civil responsibility.

After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(23.1)  To require every owner of a dwelling in the municipality to instal a smoke detector therein;

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prevent bakers, potters, blacksmiths, brewers, potash or pearlash makers or other manufacturers or persons whomsoever, from building and having ovens, unless the same communicate with a stone or brick chimney and open into such chimney, which must rise at least three feet above the building in or near which such ovens are built;

(b)  To prevent the construction and to cause the removal of dangerous chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus;

(c)  To prevent the depositing of ashes or the accumulation of shavings, or other combustible materials in unsafe places;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than one dollar nor more than five dollars on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  To prescribe fire limits within which wooden buildings or structures shall not be erected, placed or repaired.

When a building has lost one-half of its value, whether by decay or following a fire or explosion which has damaged it, a judge of the Superior Court sitting in the district where such building is situated may, upon the application of the municipality, make any order contemplated in subparagraph a of paragraph 8 of this section, in accordance with the procedure therein provided.

To order that the reconstruction or restoration of any building which has been destroyed or has become dangerous or has lost at least one-half of its value through fire or any other cause, shall be carried out in accordance with the by-laws in force at the time of such reconstruction or restoration;

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible or explosive materials, within the municipality or within one mile therefrom;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To organize, maintain and regulate a fire department and fire-brigade, and to equip and maintain the same with all necessary appliances by purchase or lease; to provide for the construction of fire stations; to appoint all officers and employees necessary for the extinction and suppression of fires, the protection of property from fire, and the prevention of accidents by fire; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire-alarm department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIV. — Motor Boats

(45)  To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipility, of any lake the diameter of which, in its greatest width, does not exceed five miles, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78.

1979-02-15

412. The council may make by-laws:

I. — Construction and inspection of buildings, chimneys, etc.

(1)  To regulate the materials to be used in building and the manner of assembling the same; to prohibit any work not of the prescribed strength and provide for its demolition; to prescribe salubrious conditions and the depth of cellars and basements and the use to be made thereof; to classify, for purposes of regulation, dwellings, commercial establishments, industrial establishments and all other immoveables, including public buildings; to regulate the places where each category of the aforesaid structures may be situated; to divide the municipality into zones of such number, shape and area as the council deems suitable for the purpose of such regulation and, with respect to each of such zones, to prescribe the architecture, dimensions, symmetry, alignment and destination of the structures which may be erected therein, the use of any immoveable located therein, the area and dimensions of lots, the proportion of lots which may be occupied by structures, the space which must be left clear between structures and the lines of lots, the space which, on such lots, must be reserved and arranged for the parking, loading or unloading of vehicles or for the parking of the vehicles used by handicapped persons, within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1), using wheel-chairs and the manner of arranging such space; to divide such zones, if expedient, into sectors for purposes of the polling provided for by this section;

(2)  To compel the proprietor to submit previously the plans for the construction, reconstruction or alteration of or additions to buildings and projects for changes of the destination or use of an immoveable or for the moving of a building, to an officer or employee of the municipality designated for such purpose, and to obtain from the latter a building permit or certificate of approval;

(3)  When the construction of a building is not or has not been made in conformity with the by-laws adopted under paragraph 1 or 2, a judge of the Superior Court sitting in the district where such building is situated may, upon motion by the municipality presented even during a suit, order the owner of the building to demolish it within such delay as he fixes, and order that on failure to do so within such delay the municipality may effect such demolition at the expense of the owner of the building.

When the owner of the building is unknown or of doubtful identity or cannot be found, the judge may authorize the municipality to effect the demolition forthwith, and the municipality may claim the cost thereof from the owner of the building if it identifies or finds him;

(4)  To amend or repeal, in conformity with sections 370 to 384, and subject to this paragraph, any by-law passed under paragraph 1 and any part of such a by-law dividing the municipality into zones or into sectors for voting purposes, prescribing the exterior materials, architecture, dimensions, symmetry, alignment or destination of the structures which may be erected therein and the use of any immoveable located therein, or the area and dimensions of lots, the proportion of lots which may be occupied by structures, the space which must be left clear between structures and the lines of lots, the space which must be reserved and arranged for the parking, loading or unloading of vehicles or for the parking of the vehicles used by handicapped persons, within the meaning of the Act to secure the handicapped in the exercise of their rights, using wheel-chairs and the manner of arranging such space.

The persons who are entered as property-owners on the valuation roll in force with respect to an immoveable situated in the territory contemplated in the by-law, and in the case of physical persons, who are of full age and Canadian citizens, shall be qualified to vote on the by-law. However, for the sole purposes of the registration proceedings provided for in sections 370 to 384, only those among them who are qualified to vote on the by-law on the day of the passing of the by-law by the council are to be taken into consideration, subject to the third paragraph.

The persons who are entered as property-owners on the valuation roll in force with respect to an immoveable situated in a zone or sector adjacent to that which is the subject of the by-law, and, in the case of physical persons, who are of full age and are Canadian citizens, shall be qualified to vote, upon presentation to the clerk, within the five days following the date of publication of a public notice addressed to such persons, of a petition signed by at least twelve of such persons or by a majority of them if their number is less than twenty-four. The clerk must publish such notice at least eight days before the date of publication of the notice provided for in section 372. Such notice must mention the right of such persons to avail themselves of the registration procedure provided in sections 370 to 384, to vote on the by-law, if such is the case, and the manner in which such rights may be exercised; it must also contain the particulars provided in subparagraph a of section 372.

Where, by the application of sections 370 to 384, a vote is demanded, sections 385 to 396 apply, mutatismutandis. However, notwithstanding subsection 2 of section 385, the vote shall be taken in number only.

This paragraph has effect notwithstanding any inconsistent provision of a charter or special act, except in the cases where such provision grants exemption from the approval of the persons contemplated in the second and third paragraphs who are qualified to vote;

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25,000;

(6)  To establish a tariff of fees payable for the issue of the certificates of approval and building permits provided for in paragraph 2 of this section. However, in the case of the construction of dwellings, such fees shall not exceed thirty dollars per dwelling unit;

(7)  To decree that no building permit shall be granted,

(a)  unless the ground on which each proposed structure, including its dependencies, is to be built forms a separate lot on the official cadastral plan or on the subdivision plan made and deposited in accordance with article 2175 of the Civil Code;

(b)  unless the public waterworks and sewer services are installed in the street on which the structure in question is to be erected;

(c)  unless the lot on which a structure is to be erected is adjacent to a public street.

The provisions of subparagraphs a, b and c of this paragraph shall not apply to structures for agricultural purposes on lands under cultivation;

(8)  (a)  When a building is in such a condition that it may endanger persons, a judge of the Superior Court sitting in the district where such building is situated may, upon motion by the municipality presented even during a suit, order the owner of the building or any other person in charge thereof to perform the works necessary to ensure the safety of such persons or, if there is no other effective remedy, and if the owner has been impleaded, to demolish the building within such delay as he fixes and order that, on failure to do so within such delay, the municipality may perform such works or effect such demolition at the expense of the owner of the building.

In case of exceptional urgency, the judge may authorize the municipality to perform such works or effect such demolition forthwith, and the municipality may claim the cost thereof from the owner.

When the owner of the building or the person in charge thereof is unknown or of doubtful identity or cannot be found, the judge may authorize the municipality to perform the works or effect the demolition forthwith, and the municipality may claim the cost thereof from the owner of the building if it identifies or finds him.

The judge may also in all cases order the persons who inhabit the building to vacate it within such delay as he fixes.

The motion shall be served in the manner prescribed by the judge unless he dispenses with service; it shall be heard and decided by preference; when it is presented, the judge may authorize the parties to file a written contestation within such delay as he determines and fix a date for proof and hearing; he may also require any evidence that he deems necessary;

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

II. — Smoke-consuming apparatus

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of one hundred dollars for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of fifty dollars per day, for each and every day the offender shall continue to violate such by-law;

III. — Engines and boilers

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

IV. — Gas and electrical apparatus, etc.

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

V. — Fences

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

VI. — Games in the streets

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

IX. — Dogs

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

X. — Horses

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

XI. — Pounds

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

XII. — Police and special constables

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law, which must not exceed ten dollars for a parking infraction or twenty-five dollars for the infraction of any other by-law contemplated in this paragraph. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

XIII. — Fires and fire brigade

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prevent bakers, potters, blacksmiths, brewers, potash or pearlash makers or other manufacturers or persons whomsoever, from building and having ovens, unless the same communicate with a stone or brick chimney and open into such chimney, which must rise at least three feet above the building in or near which such ovens are built;

(b)  To prevent the construction and to cause the removal of dangerous chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus;

(c)  To prevent the depositing of ashes or the accumulation of shavings, or other combustible materials in unsafe places;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than one dollar nor more than five dollars on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  To prescribe fire limits within which wooden buildings or structures shall not be erected, placed or repaired.

When a building has lost one-half of its value, whether by decay or following a fire or explosion which has damaged it, a judge of the Superior Court sitting in the district where such building is situated may, upon the application of the municipality, make any order contemplated in subparagraph a of paragraph 8 of this section, in accordance with the procedure therein provided.

To order that the reconstruction or restoration of any building which has been destroyed or has become dangerous or has lost at least one-half of its value through fire or any other cause, shall be carried out in accordance with the by-laws in force at the time of such reconstruction or restoration;

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible or explosive materials, within the municipality or within one mile therefrom;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To organize, maintain and regulate a fire department and fire-brigade, and to equip and maintain the same with all necessary appliances by purchase or lease; to provide for the construction of fire stations; to appoint all officers and employees necessary for the extinction and suppression of fires, the protection of property from fire, and the prevention of accidents by fire; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire-alarm department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

XIV. — Motor Boats

(45)  To regulate the use of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed five miles, on the shores of which there is a holiday camp or an establishment for sick or disabled persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90.

1977-12-31

412. The council may make by-laws:

… I. — … Construction and inspection of buildings, chimneys, etc.…

(1)  To regulate the materials to be used in building and the manner of assembling the same; to prohibit any work not of the prescribed strength; to prescribe salubrious conditions and the depth of cellars and basements and the use to be made thereof; to classify, for purposes of regulation, dwellings, commercial establishments, industrial establishments and all other immoveables, including public buildings; to regulate the places where each category of the aforesaid structures may be situated; to divide the municipality into zones of such number, shape and area as the council deems suitable for the purpose of such regulation and, with respect to each of such zones, to prescribe the architecture, dimensions, symmetry, alignment and destination of the structures which may be erected therein, the use of any immoveable located therein, the area and dimensions of lots, the proportion of lots which may be occupied by structures, the space which must be left clear between structures and the lines of lots, the space which, on such lots, must be reserved and arranged for the parking, loading or unloading of vehicles, and the manner of arranging such space; to divide such zones, if expedient, into sectors for purposes of the polling provided for by this section;

(2)  To compel the proprietor to submit previously the plans for the construction, reconstruction or alteration of or additions to buildings and projects for changes of the destination or use of an immoveable or for the moving of a building, to an officer or employee of the municipality designated for such purpose, and to obtain from the latter a building permit or certificate of approval;

(3)  When the construction of a building is not or has not been made in conformity with the by-laws adopted under paragraph 1 or 2, a judge of the Superior Court sitting in the district where such building is situated may, upon motion by the municipality presented even during a suit, order the owner of the building to demolish it within such delay as he fixes, and order that on failure to do so within such delay the municipality may effect such demolition at the expense of the owner of the building.

When the owner of the building is unknown or of doubtful identity or cannot be found, the judge may authorize the municipality to effect the demolition forthwith, and the municipality may claim the cost thereof from the owner of the building if it identifies or finds him;

(4)  To amend or repeal, in conformity with sections 370 to 384, and subject to this paragraph, any by-law passed under paragraph 1 and any part of such a by-law dividing the municipality into zones or into sectors for voting purposes, prescribing the exterior materials, architecture, dimensions, symmetry, alignment or destination of the structures which may be erected therein and the use of any immoveable located therein, or the area and dimensions of lots, the proportion of lots which may be occupied by structures, the space which must be left clear between structures and the lines of lots, the space which must be reserved and arranged for the parking, loading or unloading of vehicles and the manner of arranging such space.

The persons who are entered as property-owners on the valuation roll in force with respect to an immoveable situated in the territory contemplated in the by-law, and in the case of physical persons, who are of full age and Canadian citizens, shall be qualified to vote on the by-law. However, for the sole purposes of the registration proceedings provided for in sections 370 to 384, only those among them who are qualified to vote on the by-law on the day of the passing of the by-law by the council are to be taken into consideration, subject to the third paragraph.

The persons who are entered as property-owners on the valuation roll in force with respect to an immoveable situated in a zone or sector adjacent to that which is the subject of the by-law, and, in the case of physical persons, who are of full age and are Canadian citizens, shall be qualified to vote, upon presentation to the clerk, within the five days following the date of publication of a public notice addressed to such persons, of a petition signed by at least twelve of such persons or by a majority of them if their number is less than twenty-four. The clerk must publish such notice at least eight days before the date of publication of the notice provided for in section 372. Such notice must mention the right of such persons to avail themselves of the registration procedure provided in sections 370 to 384, to vote on the by-law, if such is the case, and the manner in which such rights may be exercised; it must also contain the particulars provided in subparagraph a of section 372.

Where, by the application of sections 370 to 384, a vote is demanded, sections 385 to 396 apply, mutatismutandis. However, notwithstanding subsection 2 of section 385, the vote shall be taken in number only.

This paragraph has effect notwithstanding any inconsistent provision of a charter or special act, except in the cases where such provision grants exemption from the approval of the persons contemplated in the second and third paragraphs who are qualified to vote;

(5)  To prohibit, for a period not exceeding twelve months, the demolition of any immoveable constituting cultural property within the meaning of the Cultural Property Act (chapter B-4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Cultural Affairs.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.

If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.

The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town governed by a special charter which does not provide for a notice of motion before the adoption of a by-law, the resolution of the executive committee recommending to the council the adoption of a by-law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Cultural Affairs.

The property-owner who proceeds to demolish his immoveable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25,000;

(6)  To establish a tariff of fees payable for the issue of the certificates of approval and building permits provided for in paragraph 2 of this section. However, in the case of the construction of dwellings, such fees shall not exceed thirty dollars per dwelling unit;

(7)  To decree that no building permit shall be granted,

(a)  unless the ground on which each proposed structure, including its dependencies, is to be built forms a separate lot on the official cadastral plan or on the subdivision plan made and deposited in accordance with article 2175 of the Civil Code;

(b)  unless the public waterworks and sewer services are installed in the street on which the structure in question is to be erected;

(c)  unless the lot on which a structure is to be erected is adjacent to a public street.

The provisions of subparagraphs a, b and c of this paragraph shall not apply to structures for agricultural purposes on lands under cultivation;

(8)  (a)  When a building is in such a condition that it may endanger persons, a judge of the Superior Court sitting in the district where such building is situated may, upon motion by the municipality presented even during a suit, order the owner of the building or any other person in charge thereof to perform the works necessary to ensure the safety of such persons or, if there is no other effective remedy, and if the owner has been impleaded, to demolish the building within such delay as he fixes and order that, on failure to do so within such delay, the municipality may perform such works or effect such demolition at the expense of the owner of the building.

In case of exceptional urgency, the judge may authorize the municipality to perform such works or effect such demolition forthwith, and the municipality may claim the cost thereof from the owner.

When the owner of the building or the person in charge thereof is unknown or of doubtful identity or cannot be found, the judge may authorize the municipality to perform the works or effect the demolition forthwith, and the municipality may claim the cost thereof from the owner of the building if it identifies or finds him.

The judge may also in all cases order the persons who inhabit the building to vacate it within such delay as he fixes.

The motion shall be served in the manner prescribed by the judge unless he dispenses with service; it shall be heard and decided by preference; when it is presented, the judge may authorize the parties to file a written contestation within such delay as he determines and fix a date for proof and hearing; he may also require any evidence that he deems necessary;

(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;

(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;

… II. — … Smoke-consuming apparatus…

(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of one hundred dollars for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of fifty dollars per day, for each and every day the offender shall continue to violate such by-law;

… III. — … Engines and boilers…

(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;

… IV. — … Gas and electrical apparatus, etc.…

(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the municipality, and to provide for the inspection of the same;

… V. — … Fences…

(12)  To compel the owners of lands, whether vacant or not, in the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;

(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in the municipality or part of the municipality;

… VI. — … Games in the streets…

(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;

… VII. — … Blasting…

(15)  To regulate blasting;

… VIII. — … Shooting…

(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;

… IX. — … Dogs…

(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;

… X. — … Horses…

(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;

… XI. — … Pounds…

(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;

… XII. — … Police and special constables…

(20)  To enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law, which must not exceed ten dollars for a parking infraction or twenty-five dollars for the infraction of any other by-law contemplated in this paragraph. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law;

(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;

… XIII. — … Fires and fire brigade…

(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;

(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire-escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire-escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;

(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what delay they shall be raised or repaired;

(25)  (a)  To prevent bakers, potters, blacksmiths, brewers, potash or pearlash makers or other manufacturers or persons whomsoever, from building and having ovens, unless the same communicate with a stone or brick chimney and open into such chimney, which must rise at least three feet above the building in or near which such ovens are built;

(b)  To prevent the construction and to cause the removal of dangerous chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus;

(c)  To prevent the depositing of ashes or the accumulation of shavings, or other combustible materials in unsafe places;

(26)  To regulate the carrying on of manufactures liable to cause fires;

(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be considered as municipal taxes;

(28)  To impose a penalty of not less than one dollar nor more than five dollars on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;

(29)  To prescribe fire limits within which wooden buildings or structures shall not be erected, placed or repaired.

When a building has lost one-half of its value, whether by decay or following a fire or explosion which has damaged it, a judge of the Superior Court sitting in the district where such building is situated may, upon the application of the municipality, make any order contemplated in subparagraph a of paragraph 8 of this section, in accordance with the procedure therein provided.

To order that the reconstruction or restoration of any building which has been destroyed or has become dangerous or has lost at least one-half of its value through fire or any other cause, shall be carried out in accordance with the by-laws in force at the time of such reconstruction or restoration;

(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;

(31)  To fix the places in the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;

(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible or explosive materials, within the municipality or within one mile therefrom;

(33)  To determine the precautions to be taken for the sale of powder or other explosives;

(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;

(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;

(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;

(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;

(38)  To compel the owners of vacant property within the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;

(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;

(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;

(41)  To organize, maintain and regulate a fire department and fire-brigade, and to equip and maintain the same with all necessary appliances by purchase or lease; to provide for the construction of fire stations; to appoint all officers and employees necessary for the extinction and suppression of fires, the protection of property from fire, and the prevention of accidents by fire; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire-alarm department, or give a false alarm;

(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;

(43)  (a)  To regulate the conduct of all persons present at a fire;

(b)  To prevent thefts at fires;

(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any outside municipality that may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;

… XIV. — … Motor Boats…

(45)  To regulate the use of motor boats on waters, situated within the municipality, of any lake the diameter of which, in its greatest width, does not exceed five miles, on the shores of which there is a holiday camp or an establishment for sick or disabled persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located.

Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake.

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1.