P-13 - Police Act

Section 64 Disposition versions

1997-01-01

64. Every local municipality must ensure that its territory is under the jurisdiction of a police force. A municipality having a population of 5,000 inhabitants or more may either establish its own police force by a by-law of its council approved by the Minister of Public Security, or retain the services of another police force in accordance with an agreement under section 73. A municipality having a population of less than 5,000 inhabitants shall be served by the Police Force in accordance with an agreement under section 73.1.

The first paragraph does not apply to a municipality situated within the territory of the Communauté urbaine de Montréal or to the Kativik Regional Government acting in the capacity of a local municipality with respect to an unorganized territory in accordance with section 244 of the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1). If, in accordance with section 369 of the said Act, the Regional Government establishes and maintains a regional police force, the first paragraph does not apply to a municipality within the territory of the Regional Government.

In addition, the first paragraph does not apply to any part of the territory of a local municipality in respect of which particular conditions for the provision of police services have been ordered by the Minister or agreed by the Government pursuant to Division IV.0.1 or Division V.

For the purposes of this Act, the expression “municipality contemplated in section 64” means a municipality to which the obligation provided for in the first paragraph applies.

1968, c. 17, s. 52; 1979, c. 35, s. 1; 1979, c. 67, s. 27; 1988, c. 19, s. 259; 1988, c. 75, s. 224; 1991, c. 32, s. 252; 1996, c. 73, s. 7.

1991-06-20

64. Every local municipality must ensure that its territory is under the jurisdiction of a police force. For this purpose, it may establish its own police force by a by-law of its council approved by the Minister of Public Security or enter into an agreement in accordance with section 73, or rely upon the application of any legislative provision which provides that the Police Force or the police force of another municipality acts in its territory other than as the result of an agreement. However, any local municipality whose population is equal or superior to 5 000 inhabitants must either establish its own police force in accordance with this paragraph or enter into an agreement in accordance with section 73.

The first paragraph does not apply to a municipality situated within the territory of the Communauté urbaine de Montréal, or to a regional county municipality, or to the Kativik Regional Government acting in the capacity of a local municipality with respect to an unorganized territory in accordance with section 8 of the Act respecting municipal territorial organization (chapter O-9), where applicable, or to section 244 of the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1). If, in accordance with section 369 of the said Act, the Regional Government establishes and maintains a regional police force, the first paragraph does not apply to a municipality within the territory of the Regional Government.

For the purposes of this Act, the expression “municipality contemplated in section 64” means a municipality to which the obligation provided for in the first paragraph applies.

1968, c. 17, s. 52; 1979, c. 35, s. 1; 1979, c. 67, s. 27; 1988, c. 19, s. 259; 1988, c. 75, s. 224; 1991, c. 32, s. 252.

1990-09-01

64. A municipality may establish by by-law, and maintain, a police force in its territory; however, any municipality having a population of 5 000 or over is bound to establish and maintain such a police force.

The Government may, for the period and under the conditions it determines, exempt a municipality from complying with its obligation to establish and maintain a police force, or authorize it to reduce the personnel strength of its police force. In such a case, it may also, if it deems it appropriate, fix the personnel strength of the police force.

Before making a decision, the Government shall obtain the opinion of the Minister, who, in formulating his opinion, shall consider, in particular, the crime rate in the municipality, the implications of that decision for the members of the police forces concerned and the possibilities of agreements pursuant to section 73 or 73.1. It shall also obtain the advice of the representative municipal organizations and of the associations devoted to the protection of policemen’s interests.

1968, c. 17, s. 52; 1979, c. 35, s. 1; 1979, c. 67, s. 27; 1988, c. 19, s. 259; 1988, c. 75, s. 224.

1989-01-01

64. A municipality may establish by by-law, and maintain, a police force in its territory; however, any municipality having a population of 5 000 or over is bound to establish and maintain such a police force.

The Government may, for the period and under the conditions it determines, exempt a municipality from complying with its obligation to establish and maintain a police force, or authorize it to reduce the personnel strength of its police force. In such a case, it may also, if it deems it appropriate, fix the personnel strength of the police force.

Before making a decision, the Government shall obtain the opinion of the Commission, which, in formulating its opinion, shall consider, in particular, the crime rate in the municipality, the implications of that decision for the members of the police forces concerned and the possibilities of agreements pursuant to section 73 or 73.1. It shall also obtain the advice of the representative municipal organizations and of the associations devoted to the protection of policemen’s interests.

1968, c. 17, s. 52; 1979, c. 35, s. 1; 1979, c. 67, s. 27; 1988, c. 19, s. 259.

1984-09-01

64. A municipality may establish by by-law, and maintain, a police force in its territory; however, any municipality having a population of five thousand or over is bound to establish and maintain such a police force. For the application of this paragraph, the census of the population of a municipality is established in accordance with section 7 of the Cities and Towns Act (chapter C-19) or article 26 of the Municipal Code (chapter C-27.1).

The Government may, for the period and under the conditions it determines, exempt a municipality from complying with its obligation to establish and maintain a police force, or authorize it to reduce the personnel strength of its police force. In such a case, it may also, if it deems it appropriate, fix the personnel strength of the police force.

Before making a decision, the Government shall obtain the opinion of the Commission, which, in formulating its opinion, shall consider, in particular, the crime rate in the municipality, the implications of that decision for the members of the police forces concerned and the possibilities of agreements pursuant to section 73 or 73.1. It shall also obtain the advice of the representative municipal organizations and of the associations devoted to the protection of policemen’s interests.

1968, c. 17, s. 52; 1979, c. 35, s. 1; 1979, c. 67, s. 27.

1980-06-01

64. A municipality may establish by by-law, and maintain, a police force in its territory; however, any municipality having a population of five thousand or over is bound to establish and maintain such a police force. For the application of this paragraph, the census of the population of a municipality is established in accordance with section 7 of the Cities and Towns Act (chapter C-19) or article 16a of the Municipal Code.

The Government may, for the period and under the conditions it determines, exempt a municipality from complying with its obligation to establish and maintain a police force, or authorize it to reduce the personnel strength of its police force. In such a case, it may also, if it deems it appropriate, fix the personnel strength of the police force.

Before making a decision, the Government shall obtain the opinion of the Commission, which, in formulating its opinion, shall consider, in particular, the crime rate in the municipality, the implications of that decision for the members of the police forces concerned and the possibilities of agreements pursuant to section 73 or 73.1. It shall also obtain the advice of the representative municipal organizations and of the associations devoted to the protection of policemen’s interests.

1968, c. 17, s. 52; 1979, c. 35, s. 1; 1979, c. 67, s. 27.

1979-10-17

64. Every city or town municipality shall establish by by-law and maintain a police force in its territory; but the Gouvernement may exempt, for such period as it determines, any such municipality from complying with such obligation, if in its opinion the population of the municipality or other circumstances so warrant.

Local municipalities within the meaning of the Municipal Code, and Cree village municipalities and the Naskapi village municipality constituted by the Cree Villages Act (chapter V-5.1), are authorized to establish and maintain such a police force.

1968, c. 17, s. 52; 1979, c. 35, s. 1.

1977-12-31

64. Every city or town municipality shall establish by by-law and maintain a police force in its territory; but the Gouvernement may exempt, for such period as it determines, any such municipality from complying with such obligation, if in its opinion the population of the municipality or other circumstances so warrant.

Every other local municipality within the meaning of the Municipal Code is authorized to establish and maintain such a police force.

1968, c. 17, s. 52.