C-19 - Cities and Towns Act

Section 415 Disposition versions

2006-01-01

415. (Repealed).

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14; 1996, c. 77, s. 14; 1997, c. 83, s. 43; 1999, c. 40, s. 51; 2000, c. 22, s. 68; 2002, c. 77, s. 33; 2004, c. 31, s. 71; 2005, c. 6, s. 194.

2004-12-17

415. The council may make by-laws:

(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, to prescribe in which cases the opening, widening or extension of streets may be ordered by resolution and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate or re-allocate to any purpose within its competence the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation; where the value of the bed of a road alienated gratuitously is greater than the amount mentioned in paragraph 2.1 of subsection 1 of section 28, the alienation shall, notwithstanding the fact that it was made gratuitously, be entered in the notice provided for in that paragraph with a mention of the gratuitous nature of the alienation instead of the price of alienation;

The powers provided for in the first paragraph that concern the manner of maintaining streets also apply in respect of land or a passage that is used as a road by the mere permission of the owner and that, even if the land or passage is ordinarily kept closed at one of its extremities, meets the other conditions set out in the first paragraph of article 736 of the Municipal Code of Québec (chapter C‐27.1);

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by‐law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(17.1)  To contribute financially, in whole or in part and notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), to the costs of burying wires or any telecommunications system;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Commission municipale du Québec.

An appeal shall lie to the Commission municipale du Québec by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Commission municipale du Québec; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Commission municipale du Québec;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damage resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing injury to persons or damage to property.

To meet the cost of such service, the council may impose and levy a tax on the property of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all property taxes may be charged against all the taxable property of the territory of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general property tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons or partnerships owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C‐24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(30.2)  To grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and to provide for other conditions which may vary according to the streets, groups or combinations of streets and groups;

(31)  To require every owner of a bicycle or non‐motorized bicycle to obtain from the municipality an annual licence; to fix the amount of that licence; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by‐law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes;

(40)  To acquire, develop, maintain or manage any port within or outside its territory.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14; 1996, c. 77, s. 14; 1997, c. 83, s. 43; 1999, c. 40, s. 51; 2000, c. 22, s. 68; 2002, c. 77, s. 33; 2004, c. 31, s. 71.

2002-12-19

415. The council may make by-laws:

(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, to prescribe in which cases the opening, widening or extension of streets may be ordered by resolution and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate or re-allocate to any purpose within its competence the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation; where the value of the bed of a road alienated gratuitously is greater than the amount mentioned in paragraph 2.1 of subsection 1 of section 28, the alienation shall, notwithstanding the fact that it was made gratuitously, be entered in the notice provided for in that paragraph with a mention of the gratuitous nature of the alienation instead of the price of alienation;

The powers provided for in the first paragraph that concern the manner of maintaining streets also apply in respect of land or a passage that is used as a road by the mere permission of the owner and that, even if the land or passage is ordinarily kept closed at one of its extremities, meets the other conditions set out in the first paragraph of article 736 of the Municipal Code of Québec (chapter C‐27.1);

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E‐20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by‐law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(17.1)  To contribute financially, in whole or in part and notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), to the costs of burying wires or any telecommunications system;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Commission municipale du Québec.

An appeal shall lie to the Commission municipale du Québec by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Commission municipale du Québec; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Commission municipale du Québec;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damage resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing injury to persons or damage to property.

To meet the cost of such service, the council may impose and levy a tax on the property of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all property taxes may be charged against all the taxable property of the territory of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general property tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons or partnerships owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C‐24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(30.2)  To grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and to provide for other conditions which may vary according to the streets, groups or combinations of streets and groups;

(31)  To require every owner of a bicycle or non‐motorized bicycle to obtain from the municipality an annual licence; to fix the amount of that licence; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by‐law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes;

(40)  To acquire, develop, maintain or manage any port within or outside its territory.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14; 1996, c. 77, s. 14; 1997, c. 83, s. 43; 1999, c. 40, s. 51; 2000, c. 22, s. 68; 2002, c. 77, s. 33.

2000-11-15

415. The council may make by-laws:

(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate or re-allocate to any purpose within its competence the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation; where the value of the bed of a road alienated gratuitously is greater than the amount mentioned in paragraph 2.1 of subsection 1 of section 28, the alienation shall, notwithstanding the fact that it was made gratuitously, be entered in the notice provided for in that paragraph with a mention of the gratuitous nature of the alienation instead of the price of alienation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E‐20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by‐law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Commission municipale du Québec.

An appeal shall lie to the Commission municipale du Québec by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Commission municipale du Québec; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Commission municipale du Québec;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damage resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing injury to persons or damage to property.

To meet the cost of such service, the council may impose and levy a tax on the property of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all property taxes may be charged against all the taxable property of the territory of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general property tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons or partnerships owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C‐24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(30.2)  To grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and to provide for other conditions which may vary according to the streets, groups or combinations of streets and groups;

(31)  To require every owner of a bicycle or non‐motorized bicycle to obtain from the municipality an annual licence; to fix the amount of that licence; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by‐law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes;

(40)  To acquire, develop, maintain or manage any port within or outside its territory.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14; 1996, c. 77, s. 14; 1997, c. 83, s. 43; 1999, c. 40, s. 51; 2000, c. 22, s. 68.

1999-10-22

415. The council may make by-laws:

(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate or re-allocate to any purpose within its competence the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation; where the value of the bed of a road alienated gratuitously is greater than the amount mentioned in paragraph 2.1 of subsection 1 of section 28, the alienation shall, notwithstanding the fact that it was made gratuitously, be entered in the notice provided for in that paragraph with a mention of the gratuitous nature of the alienation instead of the price of alienation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E‐20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by‐law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie de l’énergie.

An appeal shall lie to the Régie de l’énergie by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie de l’énergie; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie de l’énergie;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damage resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing injury to persons or damage to property.

To meet the cost of such service, the council may impose and levy a tax on the property of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all property taxes may be charged against all the taxable property of the territory of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general property tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons or partnerships owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C‐24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(30.2)  To grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and to provide for other conditions which may vary according to the streets, groups or combinations of streets and groups;

(31)  To require every owner of a bicycle or non‐motorized bicycle to obtain from the municipality an annual licence; to fix the amount of that licence; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by‐law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes;

(40)  To acquire, develop, maintain or manage any port within or outside its territory.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14; 1996, c. 77, s. 14; 1997, c. 83, s. 43; 1999, c. 40, s. 51.

1998-03-18

415. The council may make by-laws:

(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate or re-allocate to any purpose within its competence the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation; where the value of the bed of a road alienated gratuitously is greater than the amount mentioned in paragraph 2.1 of subsection 1 of section 28, the alienation shall, notwithstanding the fact that it was made gratuitously, be entered in the notice provided for in that paragraph with a mention of the gratuitous nature of the alienation instead of the price of alienation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie de l’énergie.

An appeal shall lie to the Régie de l’énergie by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie de l’énergie; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie de l’énergie;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all real estate taxes may be charged against all the taxable real estate of the territory of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(30.2)  To grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and to provide for other conditions which may vary according to the streets, groups or combinations of streets and groups;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence; to fix the amount of that licence; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes;

(40)  To acquire, develop, maintain or manage any port within or outside its territory.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14; 1996, c. 77, s. 14; 1997, c. 83, s. 43.

1996-12-23

415. The council may make by-laws:

(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate or re-allocate to any purpose within its competence the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation; where the value of the bed of a road alienated gratuitously is greater than the amount mentioned in paragraph 2.1 of subsection 1 of section 28, the alienation shall, notwithstanding the fact that it was made gratuitously, be entered in the notice provided for in that paragraph with a mention of the gratuitous nature of the alienation instead of the price of alienation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des télécommunications.

An appeal shall lie to the Régie des télécommunications by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie des télécommunications; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des télécommunications;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all real estate taxes may be charged against all the taxable real estate of the territory of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(30.2)  To grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and to provide for other conditions which may vary according to the streets, groups or combinations of streets and groups;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence; to fix the amount of that licence; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes;

(40)  To acquire, develop, maintain or manage any port within or outside its territory.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14; 1996, c. 77, s. 14.

1996-06-20

415. The council may make by-laws:

(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate or re-allocate to any purpose within its competence the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation; where the value of the bed of a road alienated gratuitously is greater than the amount mentioned in paragraph 2.1 of subsection 1 of section 28, the alienation shall, notwithstanding the fact that it was made gratuitously, be entered in the notice provided for in that paragraph with a mention of the gratuitous nature of the alienation instead of the price of alienation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des télécommunications.

An appeal shall lie to the Régie des télécommunications by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie des télécommunications; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des télécommunications;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all real estate taxes may be charged against all the taxable real estate of the territory of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(30.2)  To grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and to provide for other conditions which may vary according to the streets, groups or combinations of streets and groups;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14.

1996-05-08

415. The council may make by-laws:

(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2.1 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des télécommunications.

An appeal shall lie to the Régie des télécommunications by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie des télécommunications; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des télécommunications;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all real estate taxes may be charged against all the taxable real estate of the territory of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155.

1993-11-01

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2.1 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1), and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des télécommunications.

An appeal shall lie to the Régie des télécommunications by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie des télécommunications; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des télécommunications;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120.

1989-07-01

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2.1 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immoveable, in favour of a street or public road to which the immoveable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immoveable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immoveable under this paragraph if the right of way causes the immoveable to be enclosed, or gives access, from that immoveable, only to a street or road situated in another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immoveable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des télécommunications.

An appeal shall lie to the Régie des télécommunications by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie des télécommunications; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des télécommunications;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700.

1988-11-09

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2.1 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immoveable, in favour of a street or public road to which the immoveable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immoveable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immoveable under this paragraph if the right of way causes the immoveable to be enclosed, or gives access, from that immoveable, only to a street or road situated in another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immoveable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des télécommunications.

An appeal shall lie to the Régie des télécommunications by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie des télécommunications; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des télécommunications;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81.

1987-06-29

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2.1 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immoveable, in favour of a street or public road to which the immoveable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immoveable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immoveable under this paragraph if the right of way causes the immoveable to be enclosed, or gives access, from that immoveable, only to a street or road situated in another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immoveable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.2);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655.

1987-02-15

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2.1 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immoveable, in favour of a street or public road to which the immoveable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immoveable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immoveable under this paragraph if the right of way causes the immoveable to be enclosed, or gives access, from that immoveable, only to a street or road situated in another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immoveable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.1);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  (Paragraph repealed);

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50.

1985-06-20

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2.1 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immoveable, in favour of a street or public road to which the immoveable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immoveable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immoveable under this paragraph if the right of way causes the immoveable to be enclosed, or gives access, from that immoveable, only to a street or road situated in another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immoveable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To prohibit the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings, or to authorize such distribution, upon conditions determined by the by-law and on issuance of a permit for which a fee may be exigible;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.1);

(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate or prohibit the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  To regulate or prevent the flying of flags, banners or signs across the streets, alleys and public places, and to regulate, license or prohibit the construction and use of bill-boards or signs adjacent to or near the streets, alleys and public places, or upon any vacant lot or other property;

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19.

1983-12-22

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  (Subparagraph repealed);

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  (Paragraph repealed);

(9)  (a)  To provide for and regulate the construction and use of bicycle paths upon any street, alley or public place;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the towing charges which shall not exceed $30 and storage costs, which shall not exceed a rent based on the current rates of the garage concerned for the storage of automobiles;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immoveable, in favour of a street or public road to which the immoveable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immoveable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immoveable under this paragraph if the right of way causes the immoveable to be enclosed, or gives access, from that immoveable, only to a street or road situated in another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immoveable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To prohibit the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings, or to authorize such distribution, upon conditions determined by the by-law and on issuance of a permit for which a fee may be exigible;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.1);

(31)  To require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence for a cost of not over $5; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate or prohibit the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  To regulate or prevent the flying of flags, banners or signs across the streets, alleys and public places, and to regulate, license or prohibit the construction and use of bill-boards or signs adjacent to or near the streets, alleys and public places, or upon any vacant lot or other property;

(37.1)  (Paragraph repealed);

(38)  (Paragraph repealed);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53.

1982-12-18

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  Repealed;

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  Repealed;

(9)  (a)  To provide for and regulate the construction and use of bicycle paths upon any street, alley or public place;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the towing charges which shall not exceed fifteen dollars and storage costs, which shall not exceed a rent based on the current rates of the garage concerned for the storage of automobiles;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immoveable, in favour of a street or public road to which the immoveable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immoveable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the council acquire a right of way with respect to an immoveable under this paragraph if the right of way causes the immoveable to be enclosed, or gives access, from that immoveable, only to a street or road situated in another municipality.

In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immoveable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To prohibit the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings, or to authorize such distribution, upon conditions determined by the by-law and on issuance of a permit for which a fee may be exigible;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than twenty dollars for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than twenty dollars for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.1);

(31)  To oblige every bicycle owner to obtain from the corporation an annual license not exceeding two dollars and to prescribe the obligation of having this license attached to the vehicle in a permanent manner. This provision shall not apply to motorcycles;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate or prohibit the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  To regulate or prevent the flying of flags, banners or signs across the streets, alleys and public places, and to regulate, license or prohibit the construction and use of bill-boards or signs adjacent to or near the streets, alleys and public places, or upon any vacant lot or other property;

(37.1)  Repealed;

(38)  Repealed;

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134.

1982-01-01

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  Repealed;

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  Repealed;

(9)  (a)  To provide for and regulate the construction and use of bicycle paths upon any street, alley or public place;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the towing charges which shall not exceed fifteen dollars and storage costs, which shall not exceed a rent based on the current rates of the garage concerned for the storage of automobiles;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  Repealed;

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To prohibit the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings, or to authorize such distribution, upon conditions determined by the by-law and on issuance of a permit for which a fee may be exigible;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than twenty dollars for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than twenty dollars for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C-24.1);

(31)  To oblige every bicycle owner to obtain from the corporation an annual license not exceeding two dollars and to prescribe the obligation of having this license attached to the vehicle in a permanent manner. This provision shall not apply to motorcycles;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate or prohibit the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  To regulate or prevent the flying of flags, banners or signs across the streets, alleys and public places, and to regulate, license or prohibit the construction and use of bill-boards or signs adjacent to or near the streets, alleys and public places, or upon any vacant lot or other property;

(37.1)  Repealed;

(38)  Repealed;

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536.

1980-04-15

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  Repealed;

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  Repealed;

(9)  (a)  To provide for and regulate the construction and use of bicycle paths upon any street, alley or public place;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the towing charges which shall not exceed fifteen dollars and storage costs, which shall not exceed a rent based on the current rates of the garage concerned for the storage of automobiles;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  Repealed;

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To prohibit the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings, or to authorize such distribution, upon conditions determined by the by-law and on issuance of a permit for which a fee may be exigible;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than twenty dollars for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than twenty dollars for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Code (chapter C-24);

(31)  To oblige every bicycle owner to obtain from the corporation an annual license not exceeding two dollars and to prescribe the obligation of having this license attached to the vehicle in a permanent manner. This provision shall not apply to motorcycles;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate or prohibit the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  To regulate or prevent the flying of flags, banners or signs across the streets, alleys and public places, and to regulate, license or prohibit the construction and use of bill-boards or signs adjacent to or near the streets, alleys and public places, or upon any vacant lot or other property;

(37.1)  Repealed;

(38)  Repealed;

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260.

1979-06-22

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  Repealed;

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  To order the making of a master plan of the territory or of any portion of the territory of the municipality, specifying the purposes for which each portion of the territory included in the plan may be used.

To enact that such master plan shall become obligatory; to amend or repeal the same, wholly or in part, subject however to the provisions of paragraph 1 of section 412.

To regulate the laying out of the public or private streets and the lanes or public places upon lands which the owners are subdividing into building lots; to prohibit such subdivisions and laying out of streets as well as lanes or public places which do not coincide with the master plan of the municipality and to compel the owners of private streets and lanes to indicate, in the manner stipulated by the council, that the same are private.

To prescribe, according to the topography of the ground and the use for which they are intended, the manner of laying out public or private streets and lanes and the distance between them.

To compel the owner of any land to submit previously to the council of the municipal corporation or to an officer designated for such purpose by the council, any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision or lot, whether such plan provides for streets or not, and to obtain from the council or the officer concerned a subdivision permit;

To establish a tariff of fees payable for the issue of such subdivision permit and to require as a condition precedent to the approval of such plan and the obtaining of such subdivision permit, the transfer of the site of the streets shown on the plan.

To require, as a condition precedent to the approval of a subdivision plan, whether it provides for streets or not, that the owner pay the outstanding municipal taxes for the immoveables included in the plan and convey to the municipal corporation, for park or playground purposes, an area of land not exceeding ten per cent of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or to exact from the owner, instead of such area of land, the payment of a sum not exceeding ten per cent of the real value of the land comprised in the plan, notwithstanding the application of section 21 of the Real Estate Assessment Act (chapter E-16). The proceeds of such payment must be paid into a special fund which shall be used only for the purchase or equipping of lands intended for parks and playgrounds, and the lands conveyed to the municipal corporation under this paragraph can only be used for parks or playgrounds. The municipality, however, may dispose, by onerous title, in accordance with paragraph 2 of subsection 1 of section 28, of the lands which it has acquired under this paragraph if they are no longer required for the establishment of parks or playgrounds, and the proceeds shall be paid into the said special fund.

To order, in concert with the councils of other interested municipal corporations, the making of a joint master plan of the territory or a portion of the territory of each of such corporations and to render such plan obligatory within the municipality as regards the portion which concerns it.

To amend or repeal in concert with the councils of the other interested municipal corporations such joint master plan, wholly or in part, in so far as is consistent with the provisions of section 412.

To compel the owner of any land to submit previously any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, to a commission created for such purpose under subsection 3 of section 70, by the municipal corporations interested in the joint master plan, and to obtain from the said commission a subdivision permit.

To establish a tariff of fees payable for the issue of such subdivision permit;

(9)  (a)  To provide for and regulate the construction and use of bicycle paths upon any street, alley or public place;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the towing charges which shall not exceed fifteen dollars and storage costs, which shall not exceed a rent based on the current rates of the garage concerned for the storage of automobiles;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To require any person planning to move a building throught a street, lane, square, thoroughfare or public road established in the municipality to previously obtain a permit from the municipality and to make the issuance of such permit subject to a deposit of security in an amount provisionally estimated as sufficient to ensure compensation for any damage that may be incurred by the municipality as a result of such removal;

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To prohibit the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings, or to authorize such distribution, upon conditions determined by the by-law and on issuance of a permit for which a fee may be exigible;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing damage to persons and property.

To meet the cost of such service, the council may impose and levy a tax on the real estate of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.

In the apportionment of such cost, the portion that would be charged against the immoveables that are exempt from all real estate taxes may be charged against all the taxable real estate of the municipality in proportion to its municipal valuation.

The tax for such service may be fixed in advance and claimed at the same time as the general real estate tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than twenty dollars for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than twenty dollars for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Code (chapter C-24);

(31)  To oblige every bicycle owner to obtain from the corporation an annual license not exceeding two dollars and to prescribe the obligation of having this license attached to the vehicle in a permanent manner. This provision shall not apply to motorcycles;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate or prohibit the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  To regulate or prevent the flying of flags, banners or signs across the streets, alleys and public places, and to regulate, license or prohibit the construction and use of bill-boards or signs adjacent to or near the streets, alleys and public places, or upon any vacant lot or other property;

(37.1)  To regulate the construction, erection, retention, alteration and maintenance of all bill-boards and signs already erected or to be erected in future and require for their retention or erection, as the case may be, a permit for which it determines the cost.

When a bill-board or sign is not made in compliance with the by-laws adopted under this paragraph, a judge of the Superior Court sitting in the district where the immoveable contemplated is located may, on an application by the municipality made even during proceedings, order the owner of the immoveable where a bill-board or sign is located to demolish, remove, alter or repair that bill-board or sign within the delay he fixes and order that, failing compliance within that delay, the corporation may carry out the work at the expense of the owner of the immoveable.

No municipal by-law respecting posters, bill-boards or signs, made under this paragraph or under any general law or special act has any prohibitive or restrictive effect on the use of posters, bill-boards or signs in connection with an election or a referendum held under an act of the Legislature;

(38)  To regulate the planting, cultivation and preservation of trees in the streets, squares and parks of the municipality; to compel every proprietor to ornament his land with grass, shrubs or trees; to prohibit the planting of poplars or willows within a distance fixed by the council from any sidewalk, roadway or underground pipe; to regulate, and to prohibit unless with a permit issued in accordance with a tariff determined by the council, in the whole or in a part only of the territory of the municipality, either on public or on private property, the cutting down of trees situated outside of a nursery or a woodlot within the meaning of the Real Estate Assessment Act (chapter E-16);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80.

1979-02-15

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  To lease premises, counters or stands in recreational centres, playgrounds, parks and public places as well as in municipal buildings, and determine the conditions of the lease, use and operation thereof;

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights, and to facilitate their use of it.

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  To order the making of a master plan of the territory or of any portion of the territory of the municipality, specifying the purposes for which each portion of the territory included in the plan may be used.

To enact that such master plan shall become obligatory; to amend or repeal the same, wholly or in part, subject however to the provisions of paragraph 1 of section 412.

To regulate the laying out of the public or private streets and the lanes or public places upon lands which the owners are subdividing into building lots; to prohibit such subdivisions and laying out of streets as well as lanes or public places which do not coincide with the master plan of the municipality and to compel the owners of private streets and lanes to indicate, in the manner stipulated by the council, that the same are private.

To prescribe, according to the topography of the ground and the use for which they are intended, the manner of laying out public or private streets and lanes, the distance to be left between them and their width if it is to exceed sixty-six feet English measure.

To compel the owner of any land to submit previously to the council of the municipal corporation or to an officer or employee of the municipality designated for such purpose by the council, any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, and to obtain from the council or from the officer or employee concerned a subdivision permit.

To establish a tariff of fees payable for the issue of such subdivision permit and to require as a condition precedent to the approval of such plan and the obtaining of such subdivision permit, the transfer of the site of the streets shown on the plan.

To require, as a condition precedent to the approval of a subdivision plan, whether it provides for streets or not, that the owner convey to the municipal corporation, for park or playground purposes, an area of land not exceeding ten per cent of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or to exact from the owner, instead of such area of land, the payment of a sum not exceeding ten per cent of the real value of the land comprised in the plan, notwithstanding the application of section 21 of the Real Estate Assessment Act (chapter E-16). The proceeds of such payment must be paid into a special fund which shall be used only for the purchase or equipping of land for park or playground purposes, and the lands conveyed to the municipal corporation under this paragraph can only be used for parks or playgrounds. The municipality, however, may dispose, by onerous title, in accordance with paragraph 2 of subsection 1 of section 28, of the lands which it has acquired under this paragraph if they are no longer required for the establishment of parks or playgrounds, and the proceeds shall be paid into the said special fund.

To order, in concert with the councils of other interested municipal corporations, the making of a joint master plan of the territory or a portion of the territory of each of such corporations and to render such plan obligatory within the municipality as regards the portion which concerns it.

To amend or repeal in concert with the councils of the other interested municipal corporations such joint master plan, wholly or in part, in so far as is consistent with the provisions of section 412.

To compel the owner of any land to submit previously any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, to a commission created for such purpose under subsection 3 of section 70, by the municipal corporations interested in the joint master plan, and to obtain from the said commission a subdivision permit.

To establish a tariff of fees payable for the issue of such subdivision permit;

(9)  (a)  To provide for and regulate the construction and use of bicycle paths upon any street, alley or public place;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the towing charges which shall not exceed fifteen dollars and storage costs, which shall not exceed a rent based on the current rates of the garage concerned for the storage of automobiles;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To require any person planning to move a building throught a street, lane, square, thoroughfare or public road established in the municipality to previously obtain a permit from the municipality and to make the issuance of such permit subject to a deposit of security in an amount provisionally estimated as sufficient to ensure compensation for any damage that may be incurred by the municipality as a result of such removal;

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To prohibit the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings, or to authorize such distribution, upon conditions determined by the by-law and on issuance of a permit for which a fee may be exigible;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets and sidewalks at the expense of the city or town, and to decide, when it considers it appropriate, that snow will be blown or piled on the sidewalks and private grounds, provided it also decides what precautions are necessary in such cases for preventing damage to persons and property;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than twenty dollars for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than twenty dollars for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Code (chapter C-24);

(31)  To oblige every bicycle owner to obtain from the corporation an annual license not exceeding two dollars and to prescribe the obligation of having this license attached to the vehicle in a permanent manner. This provision shall not apply to motorcycles;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate or prohibit the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  To regulate or prevent the flying of flags, banners or signs across the streets, alleys and public places, and to regulate, license or prohibit the construction and use of bill-boards or signs adjacent to or near the streets, alleys and public places, or upon any vacant lot or other property;

(38)  To regulate the planting, cultivation and preservation of trees in the streets, squares and parks of the municipality; to compel every proprietor to ornament his land with grass, shrubs or trees; to prohibit the planting of poplars or willows within a distance fixed by the council from any sidewalk, roadway or underground pipe; to regulate, and to prohibit unless with a permit issued in accordance with a tariff determined by the council, in the whole or in a part only of the territory of the municipality, either on public or on private property, the cutting down of trees situated outside of a nursery or a woodlot within the meaning of the Real Estate Assessment Act (chapter E-16);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91.

1977-12-31

415. The council may make by-laws:

(1)  Subject to the provisions of the Public Streets Act (chapter R-27), to order the opening of new streets, the closing, widening, extension or changing of existing streets, and to prescribe the manner of making and maintaining the streets of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor, and shall be subject to the approval of the Commission municipale du Québec before coming into force.

The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immoveables or according to their valuation. The council may, without indemnity, alienate in accordance with paragraph 2 of subsection 1 of section 28, or re-allocate to any purpose within its competence, the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation;

(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immoveable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immoveables or according to their valuation;

(3)  To oblige the owners of land situated on any road, street, square or public way, established in the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immoveables, or according to their valuation;

(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of its inhabitants;

(b)  To lease premises, counters or stands in recreational centres, playgrounds, parks and public places as well as in municipal buildings, and determine the conditions of the lease, use and operation thereof;

(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school corporation, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements;

(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;

(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;

(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by-law, at its option;

(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;

(8)  To order the making of a master plan of the territory or of any portion of the territory of the municipality, specifying the purposes for which each portion of the territory included in the plan may be used.

To enact that such master plan shall become obligatory; to amend or repeal the same, wholly or in part, subject however to the provisions of paragraph 1 of section 412.

To regulate the laying out of the public or private streets and the lanes or public places upon lands which the owners are subdividing into building lots; to prohibit such subdivisions and laying out of streets as well as lanes or public places which do not coincide with the master plan of the municipality and to compel the owners of private streets and lanes to indicate, in the manner stipulated by the council, that the same are private.

To prescribe, according to the topography of the ground and the use for which they are intended, the manner of laying out public or private streets and lanes, the distance to be left between them and their width if it is to exceed sixty-six feet English measure.

To compel the owner of any land to submit previously to the council of the municipal corporation or to an officer or employee of the municipality designated for such purpose by the council, any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, and to obtain from the council or from the officer or employee concerned a subdivision permit.

To establish a tariff of fees payable for the issue of such subdivision permit and to require as a condition precedent to the approval of such plan and the obtaining of such subdivision permit, the transfer of the site of the streets shown on the plan.

To require, as a condition precedent to the approval of a subdivision plan, whether it provides for streets or not, that the owner convey to the municipal corporation, for park or playground purposes, an area of land not exceeding ten per cent of the land comprised in the plan and situated at a place which, in the opinion of the council, is suitable for the establishment of parks or playgrounds; or to exact from the owner, instead of such area of land, the payment of a sum not exceeding ten per cent of the real value of the land comprised in the plan, notwithstanding the application of section 21 of the Real Estate Assessment Act (chapter E-16). The proceeds of such payment must be paid into a special fund which shall be used only for the purchase or equipping of land for park or playground purposes, and the lands conveyed to the municipal corporation under this paragraph can only be used for parks or playgrounds. The municipality, however, may dispose, by onerous title, in accordance with paragraph 2 of subsection 1 of section 28, of the lands which it has acquired under this paragraph if they are no longer required for the establishment of parks or playgrounds, and the proceeds shall be paid into the said special fund.

To order, in concert with the councils of other interested municipal corporations, the making of a joint master plan of the territory or a portion of the territory of each of such corporations and to render such plan obligatory within the municipality as regards the portion which concerns it.

To amend or repeal in concert with the councils of the other interested municipal corporations such joint master plan, wholly or in part, in so far as is consistent with the provisions of section 412.

To compel the owner of any land to submit previously any plan dividing or redividing such land or amending or cancelling the book of reference of a subdivision, whether such plan provides for streets or not, to a commission created for such purpose under subsection 3 of section 70, by the municipal corporations interested in the joint master plan, and to obtain from the said commission a subdivision permit.

To establish a tariff of fees payable for the issue of such subdivision permit;

(9)  (a)  To provide for and regulate the construction and use of bicycle paths upon any street, alley or public place;

(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;

(10)  To authorize the diversion of traffic in the streets of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipal corporation the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the corporation and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the towing charges which shall not exceed fifteen dollars and storage costs, which shall not exceed a rent based on the current rates of the garage concerned for the storage of automobiles;

(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;

(12)  To regulate and control the exercise, by any person or corporation, of any public franchise or privilege in any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;

(13)  To require any person planning to move a building throught a street, lane, square, thoroughfare or public road established in the municipality to previously obtain a permit from the municipality and to make the issuance of such permit subject to a deposit of security in an amount provisionally estimated as sufficient to ensure compensation for any damage that may be incurred by the municipality as a result of such removal;

(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.

To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.

To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.

To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;

(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the municipality;

(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.

To regulate the installation, maintenance, number and height of television and radio aerials;

(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, within prescribe limits, or throughout the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;

(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, in the whole municipality, or in the section or sections designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.

The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Régie des services publics.

An appeal shall lie to the Régie des services publics by a motion of any interested party, from any resolution, decision or act whatsoever of the city or town, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within thirty (30) days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the secretary of the Régie des services publics; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie des services publics;

(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;

(20)  To prohibit the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings, or to authorize such distribution, upon conditions determined by the by-law and on issuance of a permit for which a fee may be exigible;

(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;

(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;

(23)  To provide for winter maintenance of the streets and sidewalks at the expense of the city or town, and to decide, when it considers it appropriate, that snow will be blown or piled on the sidewalks and private grounds, provided it also decides what precautions are necessary in such cases for preventing damage to persons and property;

(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons, companies or firms owning or operating any street railway along any such street or alley, or across such public place;

(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;

(26)  To require the owner or occupant of any immoveable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;

(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the municipality, and to impose a fine of not more than twenty dollars for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;

(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than twenty dollars for every infraction of the by-laws passed in that respect;

(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;

(30)  To regulate the use of bicycles and motor vehicles within the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Code (chapter C-24);

(31)  To oblige every bicycle owner to obtain from the corporation an annual license not exceeding two dollars and to prescribe the obligation of having this license attached to the vehicle in a permanent manner. This provision shall not apply to motorcycles;

(32)  To prohibit taxis and autobuses from parking in the streets and public places of the municipality, elsewhere than at places set apart for such purpose by by-law;

(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose;

(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;

(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;

(36)  To regulate or prohibit the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;

(37)  To regulate or prevent the flying of flags, banners or signs across the streets, alleys and public places, and to regulate, license or prohibit the construction and use of bill-boards or signs adjacent to or near the streets, alleys and public places, or upon any vacant lot or other property;

(38)  To regulate the planting, cultivation and preservation of trees in the streets, squares and parks of the municipality; to compel every proprietor to ornament his land with grass, shrubs or trees; to prohibit the planting of poplars or willows within a distance fixed by the council from any sidewalk, roadway or underground pipe; to regulate, and to prohibit unless with a permit issued in accordance with a tariff determined by the council, in the whole or in a part only of the territory of the municipality, either on public or on private property, the cutting down of trees situated outside of a nursery or a woodlot within the meaning of the Real Estate Assessment Act (chapter E-16);

(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the limits of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes.

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13.