C-19 - Cities and Towns Act

À jour au 1^er janvier 2002

Ce document a valeur officielle.

chapter C-19

Cities and Towns Act

DIVISION I DECLARATORY AND INTERPRETATIVE PROVISIONS

1. This Act shall apply:

(a)  To every city or town municipality, existing on 1 September 1979, constituted by special Act at any time before the said date, and governed by the provisions of chapter 29 of the statutes of 1876 (Town Corporations General Clauses Act), or by the provisions of the Revised Statutes, 1888 (articles 4178 to 4615), respecting town corporations, or by any part of the said provisions; provided that, if a special Act constituting such a municipality contains provisions derogating from such general Acts or laws, such provisions shall remain in force and shall apply, notwithstanding this section;

(b)  To every city or town municipality, existing on 1 September 1979, constituted by special Act or by letters patent at any time before the said date, and governed by the provisions of the Cities and Towns Act, chapter 38 of the statutes of 1903, or by the Cities and Towns Act contained in articles 5256 to 5884 of the Revised Statutes, 1909, or by the Cities and Towns Act, chapter 65 of the statutes of 1922 (2nd session), or by the Cities and Towns Act contained in chapter 102 of the Revised Statutes, 1925, or by the Cities and Towns Act contained in chapter 233 of the Revised Statutes, 1941, or by the Cities and Towns Act contained in chapter 193 of the Revised Statutes, 1964, or by any part of the said provisions; provided that, if a special Act constituting such a municipality contains provisions derogating from such general Acts or laws, such provisions shall remain in force and shall apply, notwithstanding this section; and that, if a special Act governing a municipality requires the application of provisions repealed by the Cities and Towns Act, chapter 65 of the statutes of 1922 (2nd session), all such provisions shall remain in force for such municipality;

(c)  To every city or town municipality constituted by charter from the Legislature after 31 August 1979 and before 8 may 1996, saving any special provisions of its charter which may be inconsistent with those of this Act;

(d)  To every city or town municipality constituted by letters patent under this Act after 31 August 1979 and before 8 May 1996;

(e)  To every local municipality constituted under the Act respecting municipal territorial organization (chapter O‐9) or under another Act, whose constituting act provides that it shall be governed by the provisions of this Act;

(f)  To every local municipality which, pursuant to a decision made by the Minister of Municipal Affairs and Greater Montréal under the Act respecting municipal territorial organization, ceases to be governed by the Municipal Code of Québec (chapter C‐27.1) and begins to be governed by this Act.

R. S. 1964, c. 193, s. 1; 1968, c. 55, s. 1; 1987, c. 57, s. 683; 1988, c. 19, s. 230; 1989, c. 56, s. 6; 1996, c. 2, s. 119; 1999, c. 40, s. 51; 1999, c. 43, s. 13.

2. (Repealed).

1968, c. 55, s. 2; 1969, c. 55, s. 1; 1970, c. 47, s. 1; 1973, c. 83, s. 1; 1977, c. 52, s. 1; 1982, c. 63, s. 108; 1987, c. 57, s. 684; 1988, c. 19, s. 231; 1996, c. 2, s. 120.

3. The Government, by order, upon the petition of the council of a municipality governed by this Act may repeal any provision of the charter of the petitioning municipality or any provision of another Act which applies exclusively to that municipality.

Such petition cannot be submitted to the Government unless a notice summarizing briefly the object thereof has been published at least one month beforehand in the Gazette officielle du Québec; within the same time a public notice must be given, in the territory of the municipality, in conformity with section 345.

The Québec Official Publisher shall insert in each annual volume of the statutes of Québec a table giving the date of the coming into force of the order made before the volume was printed and the legislative provisions the order repeals.

R. S. 1964, c. 193, s. 2; 1968, c. 23, s. 8; 1968, c. 55, s. 3; 1974, c. 45, s. 1; 1977, c. 5, s. 228; 1988, c. 19, s. 232; 1996, c. 2, s. 121; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 1; 2000, c. 56, s. 104.

4. (Repealed).

1968, c. 55, s. 3; 1974, c. 45, s. 2; 1988, c. 19, s. 233.

5. Every provision of this Act shall form part of the charter, unless it be expressly declared that such provision, specifying it by its number, shall not form part thereof.

R. S. 1964, c. 193, s. 3.

6. Unless the context indicates or declares otherwise, the following expressions, terms and words, whenever the same occur in this Act or in the charter, shall have the following meaning:

(1)  The word “charter” means any Act, letters patent or order constituting a municipality;

(2)  The word “district” means any judicial district established by law, and more particularly the district which comprises the territory of the municipality;

(3)  (Subparagraph repealed);

(4)  The words “member of the council” mean and include the mayor or any of the councillors of the municipality;

(5)  The word “sitting”, used alone, means indifferently an ordinary or general sitting, or a special sitting of the council;

(6)  The expression “the day following” does not mean or include holidays unless the act in question may be done upon a holiday;

(7)  The expression “ratepayer” means any person liable to pay to the municipality any assessment or tax, including water-rate;

(8)  The word “property-owner” means any person who possesses immovable property in his own name as owner, as usufructuary, or as institute in cases of substitutions, or as possessor of lands in the domain of the State with a promise of sale;

(9)  The word “occupant” means any person who occupies an immovable in his own name, otherwise than as proprietor, usufructuary or institute, and who enjoys the revenues derived from such immovable;

(10)  The word “tenant” means any person who is bound to pay rent in money or to give part of the fruits or revenues of the immovable which he occupies, and who is a resident householder, saving the case of the lessee of a store, shop, office or business establishment;

(11)  (Subparagraph repealed);

(12)  The expression “officer or employee of the municipality” means any officer or employee of the municipality, with the exception of members of the Council.

(13)  The expression “standardized assessment” means the product obtained by multiplying each value entered on the assessment roll of a municipality by the factor established for that roll by the Minister of Municipal Affairs and Greater Montréal under the Act respecting municipal taxation (chapter F‐2.1).

The domicile of a person, within the meaning of this Act, is at the same place as under the Civil Code of Québec (Statutes of Québec, 1991, chapter 64) for the exercise of his civil rights.

R. S. 1964, c. 193, s. 4 (part); 1968, c. 55, s. 4, s. 5; 1979, c. 72, s. 302; 1987, c. 23, s. 76; 1987, c. 57, s. 685; 1996, c. 2, s. 122; 1999, c. 40, s. 51; 1999, c. 43, s. 13.

7. (Repealed).

1968, c. 55, s. 5; 1988, c. 19, s. 234.

7.1. A provision of this Act regarding a tax based on the surface area, frontage or any other dimension of an immovable property or an immovable does not apply to a building that is an assessment unit entered on the assessment roll separately from the land on which it is situated.

1979, c. 72, s. 303.

8. Whosoever is, by the provisions of this Act or of any by-law of the council, bound to sign his name to any document and cannot do so, shall affix his mark to such document, in the presence of a witness who shall likewise sign it.

R. S. 1964, c. 193, s. 5; 1968, c. 55, s. 5; 1987, c. 57, s. 686.

9. Unnecessary allegations or expressions used in any provision respecting municipal matters shall not affect the validity thereof if the whole provision in its ordinary sense be sufficiently intelligible.

R. S. 1964, c. 193, s. 6.

10. Error or insufficiency in the designation of any municipality in any municipal document executed by a council, the officers or employees of the municipality or any other person, or in the declaration of the quality of such officer, employee or person, provided no surprise or injustice result therefrom, shall not render such act null.

R. S. 1964, c. 193, s. 7; 1968, c. 55, s. 5.

11. No suit, defence or exception, founded upon the omission of any formality, even imperative, in any act of the council or of an officer or employee of the municipality, shall prevail, unless the omission has caused actual prejudice or it be of a formality whose omission, according to the provisions of the law, would render null the proceeding from which it was omitted.

R. S. 1964, c. 193, s. 8; 1968, c. 55, s. 5.

12. Any oath required by this Act or by the charter may be taken before the mayor, the clerk, a justice of the peace, a commissioner for oaths or a notary.

Any person before whom an oath may be taken may and shall, whenever he is called upon to do so, administer the oath and deliver a certificate thereof without fee to the party taking the same.

R. S. 1964, c. 193, s. 9.

13. Whenever any deposition or information is required to be given under oath, on behalf of any municipality, such deposition or information may be given by any member or officer or employee of the municipality.

R. S. 1964, c. 193, s. 10; 1968, c. 55, s. 5.

14. Every person who refuses or neglects, without reasonable cause, to perform any act or duty imposed upon him by any provision of this Act or of the charter, or required of him under such provisions, is liable, over and above any damages for the damage caused, to a penalty of not less than $20 nor more than $50, except in cases otherwise provided for.

R. S. 1964, c. 193, s. 11; 1979, c. 36, s. 55; 1999, c. 40, s. 51.

14.1. The Attorney General may

(1)  present a motion to quash or set aside a by-law of the council or a procès-verbal, roll, resolution or other order of the council or of the executive committee;

(2)  exercise, against a member of the council or an officer or employee of a municipality or of a supramunicipal body who is disqualified from holding his office or employment, the recourse provided for in articles 838 to 843 of the Code of Civil Procedure (chapter C-25).

For the purposes of this section, the expression “supramunicipal body” has the meaning given to it by sections 18 and 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

1980, c. 16, s. 67; 1982, c. 63, s. 109; 1988, c. 85, s. 83; 1996, c. 2, s. 123; 2000, c. 56, s. 225.

DIVISION II

Repealed, 1988, c. 19, s. 235.

1988, c. 19, s. 235.

15. (Repealed).

R. S. 1964, c. 193, s. 12; 1968, c. 55, s. 7; 1988, c. 19, s. 235.

16. (Repealed).

R. S. 1964, c. 193, s. 13; 1968, c. 55, s. 7; 1980, c. 16, s. 68; 1987, c. 57, s. 687; 1988, c. 19, s. 235.

17. (Repealed).

R. S. 1964, c. 193, s. 14; 1968, c. 55, s. 5, s. 8; 1987, c. 57, s. 688; 1988, c. 19, s. 235.

18. (Repealed).

R. S. 1964, c. 193, s. 15; 1968, c. 55, s. 9; 1974, c. 45, s. 3; 1977, c. 5, s. 14; 1987, c. 57, s. 689; 1988, c. 19, s. 235.

19. (Repealed).

R. S. 1964, c. 193, s. 16; 1988, c. 19, s. 235.

DIVISION III

Repealed, 1988, c. 19, s. 235.

1988, c. 19, s. 235.

20. (Repealed).

R. S. 1964, c. 193, s. 17; 1968, c. 55, s. 10; 1987, c. 57, s. 690; 1988, c. 19, s. 235.

21. (Repealed).

R. S. 1964, c. 193, s. 19; 1968, c. 55, s. 5; 1987, c. 57, s. 691; 1988, c. 19, s. 235.

22. (Repealed).

R. S. 1964, c. 193, s. 20; 1988, c. 19, s. 235.

23. (Repealed).

R. S. 1964, c. 193, s. 21; 1988, c. 19, s. 235.

24. (Repealed).

R. S. 1964, c. 193, s. 22; 1988, c. 19, s. 235.

25. (Repealed).

R. S. 1964, c. 193, s. 23; 1979, c. 72, s. 304; 1988, c. 19, s. 235.

26. (Repealed).

R. S. 1964, c. 193, s. 24; 1992, c. 57, s. 467; 1988, c. 19, s. 235.

DIVISION IV ORGANIZATION OF THE MUNICIPALITY

§ 1 . — General powers of the municipality

1988, c. 19, s. 236.

27. (Repealed).

R. S. 1964, c. 193, s. 25; 1988, c. 19, s. 237.

28. (1)  Every municipality, under its name, shall have perpetual succession, and may:

(1)  Have a common seal and change the same at will;

(2)  Acquire property for the objects within its competence by purchase, donation, devise or otherwise;

(2.1)  Alienate any property for valuable consideration; each month the clerk shall publish a notice concerning any property having a value greater than $10 000 that has been alienated by the municipality otherwise than by auction or by public tender; the notice shall describe each property and indicate, opposite each property, the price of alienation and the identity of the purchaser;

(2.2)  Lease its property, although such power does not, however, enable the municipality to acquire or build property principally for leasing purposes;

(3)  Enter into contracts, transact, bind and oblige itself and others to itself, within its powers;

(4)  Subject to the provisions of this Act, subscribe, draw, endorse, transfer, negotiate, give, accept or receive promissory notes, bills of exchange, cheques, bonds, debentures or other securities, whether negotiable or not, in the execution of any of the powers, rights and attributes conferred upon it by law and of any of the duties and obligations devolving upon it;

(5)  Sue and be sued; and

(6)  Generally exercise all the powers vested in it by law or which are necessary for the accomplishment of the duties imposed by law upon it.

(1.1)  A municipality may, by onerous title, transfer or lease rights to and licences for the processes it has developed, its expertise in any area within its competence, the equipment allowing such expertise to be applied, and any data concerning its territory.

It may also transfer them by gratuitous title or make a loan for use of them to the Government, one of its Ministers or bodies, a municipality, a metropolitan community, a school board or another non-profit organization.

(2)  Every municipality may also:

(a)  assist in the undertaking and furtherance, in its territory and elsewhere, of works of charity, education, scientific, artistic or literary culture, youth training, and generally of any social welfare enterprise of the population;

(b)  assist in the organization of recreational guidance centres and public places for sports and amusements in its territory or elsewhere;

(b.1)  establish and maintain in its territory agencies devoted to the protection of the environment and the conservation of the resources, assist in the creation and maintenance of such agencies and entrust them with the organization and management of activities relating to the purposes pursued by them;

(c)  found and maintain bodies for industrial, commercial or tourist promotion and promote physical and cultural activities among the persons resident in its territory or assist in their foundation and maintenance;

(d)  grant subsidies to institutions, partnerships or legal persons devoted to the pursuit of the aforesaid purposes;

(e)  entrust to non-profit institutions, partnerships or legal persons the organization and management, for its account, of activities or bodies referred to in subparagraphs b to c of this subsection and, for such purpose, make contracts with them and grant them the necessary funds.

The council of the municipality may exercise by resolution the powers enumerated in this subsection.

(3)  Every municipality may also become surety for any institution, partnership or legal person devoted to the pursuit of purposes mentioned in subsection 2.

However, a municipality having a population of less than 50 000 shall obtain the authorization of the Minister of Municipal Affairs and Greater Montréal to become surety for an obligation of $50 000 or more, and a municipality having a population of 50 000 or over shall obtain such an authorization if the obligation that is the object of the surety is in the amount of $100 000 or more.

The Minister may, where his authorization is required, require that the resolution or by-law authorizing the surety be subject to the approval of persons qualified to vote on loan by-laws according to the procedure provided for the approval of the by-laws.

(4)  (Subsection repealed).

R. S. 1964, c. 193, s. 26; 1968, c. 55, s. 12; 1977, c. 5, s. 14; 1979, c. 36, s. 56; 1982, c. 63, s. 110; 1984, c. 38, s. 5; 1985, c. 27, s. 11; 1994, c. 33, s. 1; 1995, c. 34, s. 1; 1996, c. 2, s. 124; 1996, c. 27, s. 1; 1996, c. 77, s. 8; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 56, s. 218.

28.0.0.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), a municipality may establish and maintain a non-profit body the object of which is to furnish technical assistance to an enterprise situated in its territory, and grant a subsidy to any non-profit body that furnishes technical assistance to an enterprise situated in its territory.

1995, c. 34, s. 2.

28.0.1. Any municipality may, by by-law, establish a program under which the municipality grants, in accordance with this section, subsidies or tax credits to certain artists.

The persons who are eligible under the program are professional artists within the meaning of the Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters (chapter S-32.01) and artists within the meaning of the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1). A legal person controlled by such an artist or a group of such artists which is not a legal person is eligible under the program in place of the artist who controls the legal person or of the artists who make up the group.

The municipality may provide that the program applies to take account of the fact that the persons or groups referred to in the second paragraph are the debtors of taxes imposed by the municipality or pay, directly or indirectly and in particular through the payment of rent, a portion or the whole of such taxes without being the debtors thereof; in such a case, the municipality must indicate any tax taken account of for the purposes of the program.

If the municipality does not avail itself of the third paragraph, it may only provide for the granting of subsidies. If it avails itself of that paragraph, it may provide for the granting of subsidies, for the granting of tax credits to debtors or for the granting of both; in the latter case, the municipality must set out the circumstances in which it grants a subsidy and the circumstances in which it grants a tax credit. The municipality shall prescribe the rules allowing the amount of the subsidy or of the tax credit to be established, the conditions required to be met for the subsidy or the tax credit to be granted and the terms under which the subsidy is paid or the tax credit is granted. If the municipality specifies more than one tax to be taken into account for the purposes of the program, it may set out or prescribe different circumstances, rules, terms or conditions for each tax.

The municipality may divide its territory into sectors or establish classes from among the persons or groups referred to in the second paragraph, or create two groups, one consisting of debtors of the tax and another of persons or groups who otherwise pay a portion or the whole of the tax; it may also establish any combination consisting of a sector, class and group or of two of those elements. The municipality may provide that the program applies only in one or more such sectors, to one or more such classes, to a single such group or to one or more such combinations. It may avail itself of the fourth paragraph in a different way according to sector, class, group or combination.

This section applies notwithstanding the Municipal Aid Prohibition Act (chapter I-15).

1995, c. 7, s. 7; 1997, c. 77, s. 9.

28.1. Where a special planning program for that part of the territory of a municipality designated as the “centre” of the city or town and planning by-laws consistent with the program are in force in a municipality, the municipality may carry out any program of acquisition of immovables provided for in the special planning program in view of alienating or leasing the immovables for purposes contemplated in the program.

The municipality may also acquire any immovable situated in that part of its territory designated as the “centre” of the city or town even if the acquisition is not provided for in a program of acquisition of immovables, in view of alienating or leasing it to a person who requires it to carry out a project that is consistent with the special planning program, if the person is already the owner of lands, or the beneficiary of a promise of sale of lands, representing two-thirds of the area he requires to carry out the project.

1983, c. 57, s. 42.

28.2. For the purposes of section 28.1, the municipality may, in particular,

(1)  acquire an immovable by agreement or by expropriation;

(2)  hold and manage the immovable;

(3)  carry out the required development, restoration, demolition or clearing work on the immovable;

(4)  alienate or lease the immovable for the purposes contemplated.

1983, c. 57, s. 42.

28.3. (Repealed).

1983, c. 57, s. 42; 1984, c. 38, s. 6; 1985, c. 27, s. 12; 1995, c. 34, s. 3.

28.4. (Repealed).

1983, c. 57, s. 42; 1995, c. 34, s. 3.

29. Every municipality may acquire, construct and equip immovables in its territory which may be leased or disposed of by gratuitous or onerous title, in all or in part, for the benefit

(1)  of a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);

(1.1)  of a school board, a general and vocational college or an institution referred to in the Act respecting the Université du Québec (chapter U-1);

(2)  of the Corporation d’hébergement du Québec;

(3)  of a childcare centre, a day care centre, a nursery school or a stop over centre within the meaning of the Act respecting childcare centres and childcare services (chapter C-8.2), for the purpose of installing the childcare centre, day care centre, nursery school or stop over centre therein.

The clerk shall, within 30 days of the making of the deed of conveyance or lease, publish a notice indicating the identity of the purchaser or lessee, as the case may be, and the price of alienation or the rent.

1977, c. 52, s. 2; 1979, c. 36, s. 57; 1984, c. 38, s. 7; 1985, c. 27, s. 13; 1992, c. 21, s. 120, s. 375; 1994, c. 23, s. 23; 1995, c. 34, s. 4; 1996, c. 2, s. 125; 1996, c. 16, s. 60; 1997, c. 58, s. 20; 1998, c. 31, s. 8.

29.1. A municipality may accept the delegation of any power from the Government, a minister of the Government or any agency or body of the Government, where the law allows such a delegation, and exercise that power.

1980, c. 34, s. 3; 1987, c. 102, s. 38; 1996, c. 2, s. 126; 2000, c. 56, s. 225.

29.1.1. A municipality may enter into an agreement with the Government under which certain responsibilities, defined in the agreement, that are assigned by an Act or regulation to the Government, to a Minister or to a government body, are transferred to the municipality on an experimental basis.

1996, c. 27, s. 2.

29.1.2. The agreement must set out the conditions governing the exercise of the responsibility to which it applies, including the duration thereof, and, where applicable, provide for the renewal of the agreement and determine the rules relating to the financing required for its implementation.

1996, c. 27, s. 2.

29.1.3. A municipality may join with any municipality or metropolitan community for the purposes of an agreement with the Government under section 29.1.1.

1996, c. 27, s. 2; 2000, c. 56, s. 218.

29.1.4. An agreement entered into under section 29.1.1 shall prevail over any inconsistent provision of any general law or special Act or of any regulation thereunder.

1996, c. 27, s. 2.

29.1.5. (Repealed).

1996, c. 27, s. 2; 2000, c. 56, s. 105.

29.2. The Minister of Agriculture, Fisheries and Food may enter into an agreement with one or more municipalities, designated by the Government, respecting the administration within the territory of any municipality that is a party to the agreement, of the provisions of Acts, regulations or orders respecting the inspection of food that are under the administration of the Minister.

If one of the municipalities that is a party to the agreement is charged with administering provisions in all or part of the territory of another municipality, that competence does not extend to the institution of penal proceedings for an offence under such a provision committed in the territory of that other municipality.

The cities of Québec, Sherbrooke and Trois-Rivières may enter into an agreement with the Minister of Agriculture, Fisheries and Food respecting food inspection programs in connection with the application of the by-laws of the city.

1982, c. 64, s. 4; 1986, c. 31, s. 1; 1996, c. 2, s. 127; 1996, c. 77, s. 10; 2000, c. 56, s. 106.

29.2.1. A municipality that is a party to an agreement under the first paragraph of section 29.2 may, unless the agreement provides otherwise, institute penal proceedings for an offence committed in its territory under a provision covered by the agreement.

The fine shall belong to the municipality if it instituted the proceedings.

Proceedings referred to in the first paragraph may be instituted in any municipal court having jurisdiction over the territory in which the offence was committed. The costs relating to proceedings brought before a municipal court shall belong to the municipality responsible for the court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1) and the costs paid to the defendant under article 223 of that Code.

1996, c. 77, s. 10.

29.3. Every convention under which a municipality makes a financial commitment for a period exceeding five years must, to be binding on it, be previously approved by the Minister of Municipal Affairs and Greater Montréal, except in the case of a convention requiring it to pay fees for professional services, a work contract or an intermunicipal agreement.

The Minister may require that the resolution or by-law ordering the financial commitment be subject to the approval of persons qualified to vote on loan by-laws according to the procedure provided for the approval of the by-laws.

1984, c. 38, s. 8; 1994, c. 33, s. 2; 1995, c. 34, s. 5; 1996, c. 2, s. 209; 1999, c. 43, s. 13.

29.4. A municipality may own immovables for the purposes of a land reserve.

A municipality may also own immovables for housing purposes and it may

(1)  lease the immovables;

(2)  equip the immovables and install public services therein;

(3)  demolish, move or restore any construction erected on the immovables;

(4)  erect a construction on the immovables.

Notwithstanding any inconsistent provision, the municipality may also alienate an immovable referred to in this section gratuitously in favour of the Government, any of its ministers or bodies, a regional county municipality, the municipal housing bureau or any other non-profit agency, in addition to the persons mentioned in section 29.

1985, c. 27, s. 14; 1995, c. 34, s. 6; 1996, c. 2, s. 209; 1998, c. 31, s. 9.

29.5. Every municipality may, for purposes within its competence, enter into an agreement with another municipality, a public institution referred to in section 29, a school board, an educational institution or a non-profit agency for the purposes of a joint purchase of equipment and materials.

1985, c. 27, s. 14; 1992, c. 21, s. 121, s. 375; 1996, c. 2, s. 209; 1996, c. 27, s. 3.

29.6. Every municipality that is a party to an agreement under section 29.5 may delegate the powers necessary for carrying it out, including the power to award a contract, to another person. The municipality may also exercise the competence delegated to it for the same purposes.

1985, c. 27, s. 14; 1996, c. 2, s. 209.

29.7. The rules governing the awarding of contracts by a municipality apply to a joint purchase to which it is a party. The total amount of a contract pertaining to such a purchase must be taken into consideration for the purposes of the application of those rules.

Notwithstanding the foregoing, the Minister of Municipal Affairs and Greater Montréal may exempt the municipalities that are parties to an agreement concerning a purchase made jointly with a public institution referred to in section 29, a school board or an educational institution, from the application of all or some of the rules.

1985, c. 27, s. 14; 1992, c. 21, s. 122, s. 375; 1994, c. 33, s. 3; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 9.

29.8. The agreement may provide for its application to only part of the purchase procedure.

1985, c. 27, s. 14.

29.9. Municipalities may make a joint call for public tenders in view of awarding an insurance contract or a contract for the supply of services.

The municipalities taking part in a joint call for public tenders may delegate to one of them the powers necessary for making the call. In that case, the acceptance of a tender by the municipality to which the powers have been delegated shall also bind each participating municipality towards the selected tenderer.

The total amount of a contract made following a joint call for tenders must be taken into consideration for the application of the rules governing the awarding of contracts.

1985, c. 27, s. 14; 1994, c. 33, s. 4; 1996, c. 2, s. 209; 1996, c. 27, s. 4; 2001, c. 25, s. 10.

29.9.1. A municipality may enter into an agreement with the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM), or with both bodies, for the purchase of equipment or materials, the execution of work or the awarding of an insurance contract or a contract for the supply of services by the body or bodies in the name of the municipality.

The rules governing the awarding of contracts by a municipality apply to contracts awarded under this section.

1992, c. 27, s. 1; 1995, c. 34, s. 7; 1996, c. 27, s. 5; 1999, c. 90, s. 4; 2001, c. 25, s. 11.

29.9.2. The party responsible for carrying out an agreement entered into under section 29.5 or 29.9.1 may, by agreement, delegate that responsibility to the General Purchasing Director appointed under section 3 of the Act respecting the Service des achats du gouvernement (chapter S‐4) or to a department referred to in the second paragraph of section 4 of that Act.

The party responsible for carrying out an agreement to which reference is made in the first paragraph may also, by agreement, delegate that responsibility to a non‐profit organization whose principal activity consists in managing the joint procurement of property or services for public institutions within the meaning of the Act respecting health services and social services (chapter S‐4.2) or the Act respecting health services and social services for Cree Native Persons (chapter S‐5), for school boards, for educational institutions or for non‐profit organizations.

The rules governing the awarding of contracts by a municipality do not apply to acquisitions made or conditions of acquisition negotiated by the General Purchasing Director or a department in accordance with the regulations under the Public Administration Act (chapter A‐6.01). The Minister of Municipal Affairs and Greater Montréal may provide that such rules do not apply to contracts awarded by the delegating body referred to in the second paragraph, or to any class thereof.

1994, c. 33, s. 5; 1995, c. 34, s. 8; 1996, c. 27, s. 6; 1999, c. 43, s. 13; 2000, c. 8, s. 240.

29.10. A municipality, in accordance with the rules applicable to it, may enter into an agreement with the council of a band, within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) or of the Cree—Naskapi (of Québec) Act (Statutes of Canada, 1984, chapter 18), provided it is an agreement which, by law, may be entered into between two municipalities.

1986, c. 31, s. 2; 1996, c. 2, s. 128; 2000, c. 56, s. 225.

29.10.1. A municipality may enter into an agreement with the council of a band within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) in relation to the exercise of its powers on the reserve over which the council of the band has authority and which is included within the territory of the municipality.

Such an agreement must be approved by the Government. It shall prevail over any inconsistent provision of a general law or special Act or of any regulation thereunder. In particular, it may provide that

(1)  the municipality is to renounce its power to impose any tax, compensation or mode of tariffing on the immovables situated on the reserve or in respect of them;

(2)  the Act respecting duties on transfers of immovables (chapter D‐15.1) is not to apply to transfers of immovables situated on the reserve;

(3)  the tax base of the school tax is, on the reserve, to be different from the tax base established in section 310 of the Education Act (chapter I‐13.3);

(4)  all or part of the by-laws of the municipality are not to apply on the reserve.

Such an agreement may have retroactive effect to the date fixed by the order of the Government approving the agreement.

The order may approve the agreement and fix the date from which is has effect, and may, to provide for the impact of the agreement, create a municipal rule of law or derogate from any provision of an Act for which the Minister of Municipal Affairs and Greater Montréal is responsible, of a special Act governing a municipality, or of an instrument under such an Act.

1996, c. 67, s. 61; 1999, c. 43, s. 13.

29.11. A municipality may operate a tourist information office.

1987, c. 12, s. 46; 1996, c. 2, s. 209; 2000, c. 10, s. 23.

29.12. Subject to the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and the Act respecting the Ministère du Conseil exécutif (chapter M-30), a municipality may enter into an agreement with any person or any government other than the Gouvernement du Québec, or with any department or body of such a government, the object of which is the supply by the municipality of services, expertise, material, materials or equipment relating to any matter within its jurisdiction, so that they may be employed or used profitably outside Québec.

The municipality may implement the agreement and exercise the rights and perform the obligations arising from the agreement, even outside its territory.

1994, c. 33, s. 6; 1994, c. 15, s. 35; 1996, c. 27, s. 7; 1996, c. 21, s. 70.

29.12.1. Every municipality may enter into an agreement with a person administering a cemetery in its territory, whereby the administration of the cemetery is delegated to it.

1996, c. 27, s. 8.

29.12.2. Every municipality to which a jurisdiction has been delegated may, if so authorized by the party having delegated its jurisdiction and subject to the conditions determined by that party, subdelegate all or part of the jurisdiction to a legal person established in the public interest, to a body referred to in this subdivision or to the General Purchasing Director.

1998, c. 31, s. 10.

§ 1.1 . — Acquisition, administration, development and disposition of certain lands or forest resources in the domain of the State

1995, c. 20, s. 36; 1999, c. 40, s. 51; 2001, c. 6, s. 131.

29.13. Every municipality may participate in a program prepared in accordance with Division II.2 of the Act respecting the Ministère des Ressources naturelles (chapter M-25.2) or enter into an agreement under Division I.1 of Chapter II of the Act respecting the lands in the domain of the State (chapter T-8.1).

1995, c. 20, s. 36.

29.14. Every municipality that participates in a program or enters into an agreement pursuant to section 29.13 has the necessary powers to meet the commitments and assume the responsibilities arising from the program or agreement.

The municipality may, in particular,

(1)  acquire any land in the domain of the State;

(2)  administer, develop, alienate or lease land acquired from the domain of the State;

(3)  lease land in the domain of the State in order to administer and develop it;

(4)  accept delegated powers for the management of land or of forest resources in the domain of the State;

(5)  adopt a by-law for the purpose of exercising any power under section 71 of the Act respecting the lands in the domain of the State (chapter T-8.1) or under section 171, 171.1 or 172 of the Forest Act (chapter F-4.1).

1995, c. 20, s. 36; 1997, c. 93, s. 46; 1999, c. 40, s. 51; 2001, c. 6, s. 132.

29.14.1. Every municipality that participates in a program or enters into an agreement under section 29.13 may, to the extent provided for by the program or agreement, institute penal proceedings for an offence committed in its territory under a legislative or regulatory provision the application of which is the subject of the program or agreement.

The fine belongs to the municipality if it instituted the proceedings, and must be paid either into a fund established by the municipality under section 466.1.1 or into a fund established under article 688.7 of the Municipal Code of Québec (chapter C-27.1) by the regional county municipality whose territory contains that of the municipality. The Minister of Natural Resources may authorize payment into such other fund the Minister determines.

Proceedings referred to in the first paragraph may be instituted in a municipal court having jurisdiction in the territory in which the offence was committed. The costs relating to proceedings instituted before a municipal court belong to the municipality in which the court has jurisdiction, except any part of the costs remitted by the collector to another prosecuting party under article 366 of the Code of Penal Procedure (chapter C-25.1) and any costs remitted to the defendant or imposed on the municipality under article 223 of that Code.

1997, c. 93, s. 47; 1998, c. 31, s. 11.

29.14.2. The municipality may institute any proceeding and exercise any power assigned to the Minister of Natural Resources under sections 60 to 66 of the Act respecting the lands in the domain of the State (chapter T-8.1) or under section 25.1 of the Forest Act (chapter F-4.1) to the extent provided for by the program or agreement.

1997, c. 93, s. 47; 2001, c. 6, s. 133.

29.15. For the purposes of this subdivision, land in the domain of the State includes the buildings, improvements and movable property situated thereon that form part of the domain of the State.

1995, c. 20, s. 36; 1999, c. 40, s. 51.

29.16. No person may appropriate by occupation, prescription or accession, land acquired from the domain of the State by a municipality for as long as the municipality remains the owner of the land.

The same rule applies to buildings, improvements and movable property which, at the time the land was acquired from the domain of the State, were situated on the land and formed part of the domain of the State.

1995, c. 20, s. 36; 1999, c. 40, s. 51.

29.17. Subject to the program referred to in section 29.13, a municipality may use land acquired from the domain of the State for any purpose over which it has jurisdiction, or alienate it.

Unless otherwise provided for in the program, the price for which the land is alienated by the municipality must correspond to the market value of the land.

1995, c. 20, s. 36; 1999, c. 40, s. 51.

29.18. Moneys deriving from the leasing, development or alienation of land in the domain of the State, or land acquired from the domain of the State, and moneys deriving from the management of land or of forest resources in the domain of the State or from a forest management contract entered into under Division II of Chapter IV of the Forest Act (chapter F‐4.1) must be paid by the municipality either into a fund established by the municipality under section 466.1.1 or into a fund established under article 688.7 of the Municipal Code of Québec (chapter C‐27.1) by the regional county municipality whose territory contains that of the municipality.

The Minister of Natural Resources may authorize the payment of such sums into any other such fund he determines.

A municipality may subtract from the sums to be paid into the fund the amount, if any, that represents the costs relating to the acquisition, administration or development of land in the domain of the State or acquired from the domain of the State or the costs relating to the management of forest resources in the domain of the State or a forest management contract, excepting any expenditure on forest management.

1995, c. 20, s. 36; 1998, c. 31, s. 12; 1999, c. 40, s. 51; 2001, c. 6, s. 134.

§ 2 . —

Repealed, 1988, c. 19, s. 238.

1988, c. 19, s. 238.

30. (Repealed).

R. S. 1964, c. 193, s. 27; 1988, c. 19, s. 238.

31. (Repealed).

R. S. 1964, c. 193, s. 28; 1988, c. 19, s. 238.

32. (Repealed).

R. S. 1964, c. 193, s. 29; 1984, c. 47, s. 213; 1988, c. 19, s. 238.

§ 3 . —

Repealed, 1987, c. 57, s. 692.

1987, c. 57, s. 692.

33. (Repealed).

R. S. 1964, c. 193, s. 30; 1968, c. 55, s. 13; 1987, c. 57, s. 692.

34. (Repealed).

R. S. 1964, c. 193, s. 31; 1968, c. 55, s. 5; 1987, c. 57, s. 692.

35. (Repealed).

R. S. 1964, c. 193, s. 32; 1968, c. 55, s. 5; 1987, c. 57, s. 692.

§ 4 . —

Repealed, 1988, c. 19, s. 239.

1988, c. 19, s. 239.

36. (Repealed).

R. S. 1964, c. 193, s. 33; 1987, c. 57, s. 693; 1988, c. 19, s. 239.

37. (Repealed).

R. S. 1964, c. 193, s. 34; 1968, c. 55, s. 14; 1988, c. 19, s. 239.

38. (Repealed).

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

39. (Replaced).

R. S. 1964, c. 193, s. 36; 1968, c. 55, s. 14; 1975, c. 66, s. 2; 1987, c. 57, s. 694.

40. (Repealed).

R. S. 1964, c. 193, s. 37; 1968, c. 55, s. 14; 1969, c. 55, s. 2; 1987, c. 57, s. 695; 1988, c. 19, s. 239.

41. (Repealed).

R. S. 1964, c. 193, s. 38; 1968, c. 55, s. 14; 1969, c. 55, s. 3; 1974, c. 47, s. 1; 1975, c. 66, s. 3; 1980, c. 16, s. 69; 1982, c. 63, s. 111; 1987, c. 57, s. 696.

42. (Repealed).

R. S. 1964, c. 193, s. 43; 1968, c. 55, s. 15; 1969, c. 55, s. 4; 1977, c. 5, s. 14; 1977, c. 52, s. 3; 1979, c. 36, s. 58; 1987, c. 57, s. 697; 1988, c. 19, s. 239.

42.1. (Repealed).

1987, c. 57, s. 698; 1988, c. 19, s. 239.

43. (Repealed).

1975, c. 66, s. 4; 1977, c. 52, s. 4; 1987, c. 57, s. 699; 1988, c. 19, s. 239.

44. (Repealed).

R. S. 1964, c. 193, s. 44; 1968, c. 55, s. 16; 1975, c. 66, s. 5; 1982, c. 63, s. 112; 1987, c. 57, s. 700; 1988, c. 19, s. 239.

45. (Repealed).

R. S. 1964, c. 193, s. 45; 1968, c. 55, s. 5; 1988, c. 19, s. 239.

46. (Repealed).

1975, c. 66, s. 6; 1977, c. 52, s. 5; 1988, c. 19, s. 239.

46.1. (Repealed).

1979, c. 36, s. 59; 1988, c. 19, s. 239.

46.2. (Repealed).

1982, c. 63, s. 113; 1988, c. 19, s. 239.

46.3. (Repealed).

1982, c. 63, s. 113; 1988, c. 19, s. 239.

46.4. (Repealed).

1985, c. 27, s. 15; 1988, c. 19, s. 239.

§ 5 . — Council, Mayor, Councillors and Committees of the Council

47. The municipality shall be represented and its affairs administered by its council.

R. S. 1964, c. 193, s. 46; 1996, c. 2, s. 209.

48. (Repealed).

R. S. 1964, c. 193, s. 47; 1968, c. 55, s. 5; 1987, c. 57, s. 701.

49. (Repealed).

R. S. 1964, c. 193, s. 48; 1968, c. 55, s. 17; 1969, c. 55, s. 5; 1987, c. 57, s. 701.

50. (Repealed).

R. S. 1964, c. 193, s. 49; 1968, c. 55, s. 17; 1969, c. 55, s. 5; 1987, c. 57, s. 701.

51. (Repealed).

R. S. 1964, c. 193, s. 50; 1968, c. 55, s. 17; 1987, c. 57, s. 701.

52. The mayor shall exercise the right of superintendence, investigation and control over all the departments and officers or employees of the municipality, and especially shall see that the revenue of the municipality is collected and expended according to law, and that the provisions of the law and all by-laws, rules and regulations of the council are faithfully and impartially enforced. He shall lay before the council such proposals as he may deem necessary or advisable, and shall communicate to the council all information and suggestions relating to the improvement of the finances, police, health, security, cleanliness, comfort and progress of the municipality.

In the exercise of his functions as the executive head of the municipal administration, the mayor shall have the right, at any time, to suspend any officer or employee of the municipality, but he shall report to the council at the first sitting following such suspension, and state in writing the reasons therefor; the suspended officer or employee shall receive no salary for the time during which he is suspended, unless the council decides otherwise respecting such suspension and the suspension shall only be valid until such sitting.

R. S. 1964, c. 193, s. 51; 1968, c. 55, s. 5, s. 18.

53. The by-laws and resolutions adopted by the council and the obligations and contracts approved by it shall be presented by the clerk to the mayor within ninety-six hours after such adoption or approval.

If, within such time, the mayor advises the clerk that he does not approve them, the latter shall submit them again to the council at the next sitting as a matter of urgency and priority.

If the absolute majority of the members of the council reaffirm such by-law, resolution, obligation or contract, the mayor shall sign and approve the same, and if he refuse, such by-law, resolution, obligation or contract shall be legal and valid, as if signed and approved by him, subject, nevertheless, to any special provision of law by which a specified majority of the council is required for the approval of a by-law, resolution, obligation or contract, or where the approval of the mayor is specially required.

The acting mayor shall not exercise the powers conferred on the mayor by the second paragraph of this section.

R. S. 1964, c. 193, s. 52; 1968, c. 55, s. 19; 1999, c. 40, s. 51.

54. Where so ordered by the Minister of Municipal Affairs and Greater Montréal, the mayor is bound to read to the council all circulars or communications addressed to the mayor or to the council by the Minister. The mayor shall also, where so required by the council or by the Minister, publish them in the manner prescribed for the publication of public notices.

R. S. 1964, c. 193, s. 53; 1968, c. 55, s. 20; 1996, c. 2, s. 210; 1996, c. 77, s. 11; 1999, c. 43, s. 13.

55. He shall furnish to the Lieutenant-Governor or to the Minister of Municipal Affairs and Greater Montréal, on demand, all information concerning the execution of the municipal law, and all other information which he may be able to give with the concurrence of the council.

R. S. 1964, c. 193, s. 54; 1999, c. 43, s. 13.

56. The council shall appoint a councillor as acting mayor every four months.

The acting mayor shall have and exercise the powers of the mayor when the mayor is absent from the territory of the municipality or unable to perform the duties of his office.

1971, c. 55, s. 1; 1996, c. 2, s. 129.

57. If the office of mayor becomes vacant, the acting mayor shall fill such office ex officio while the vacancy lasts.

1971, c. 55, s. 1.

57.1. Sections 52 to 57 apply to every municipality governed by this Act, even if a provision of the charter of the municipality that came into force before 19 December 1968 repeals, replaces or amends, directly or indirectly, one of those sections.

However, subject to section 3, section 52 does not apply to Ville de Laval or Ville de Hull.

1996, c. 2, s. 130.

58. (Repealed).

R. S. 1964, c. 193, s. 55; 1968, c. 55, s. 21; 1987, c. 57, s. 702.

59. (Repealed).

R. S. 1964, c. 193, s. 59; 1968, c. 55, s. 23; 1987, c. 57, s. 702.

60. (Repealed).

R. S. 1964, c. 193, s. 60; 1968, c. 55, s. 23; 1969, c. 55, s. 6; 1987, c. 57, s. 702.

61. (Repealed).

R. S. 1964, c. 193, s. 61; 1968, c. 55, s. 23; 1971, c. 55, s. 4; 1977, c. 52, s. 7; 1982, c. 63, s. 114.

62. (Repealed).

1971, c. 55, s. 5; 1977, c. 52, s. 8; 1982, c. 63, s. 114.

63. (Repealed).

R. S. 1964, c. 193, s. 62; 1968, c. 55, s. 5; 1987, c. 57, s. 703.

64. (Repealed).

R. S. 1964, c. 193, s. 63; 1968, c. 55, s. 24; 1982, c. 63, s. 115; 1987, c. 57, s. 703.

65. (Repealed).

R. S. 1964, c. 193, s. 64; 1968, c. 55, s. 24; 1969, c. 55, s. 7; 1974, c. 47, s. 2; 1974, c. 45, s. 4; 1975, c. 66, s. 7; 1977, c. 52, s. 9; 1979, c. 36, s. 60; 1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.1. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.2. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.3. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.4. (Repealed).

1980, c. 16, s. 70; 1983, c. 57, s. 43; 1988, c. 30, s. 33.

65.5. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.6. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.7. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.8. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.9. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.10. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.11. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.12. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.13. (Repealed).

1980, c. 16, s. 70; 1982, c. 62, s. 143; 1983, c. 57, s. 44; 1988, c. 30, s. 33.

65.14. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.15. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

66. The council of a municipality having a population of at least 50,000 souls may grant by by-law to every person who has held office as a member of the council for twelve years or more, and who has ceased to hold such office after 1 January of the year in which the by-law is passed, an annual pension of $1,500 payable in equal and consecutive instalments on the first day of each month. The repeal of such a by-law cannot be set up against persons respecting whom it applies or has already applied.

In order to benefit from such pension payments, the members of the council must pay into the general administration fund a contribution equal to 5% of their annual remuneration for each of the last five years, or for the period since taking office in the case of those who have held office for less than five years.

If a councillor or the mayor does not hold office for twelve years, the amounts so paid shall be reimbursed to him without interest.

Such pension shall be increased by $500 for each year or part of a year during which such person has held the office of mayor, but it shall in no case exceed $5,000.

Such pension shall be unassignable and unseizable.

The payment of such pension shall be suspended during any period when the beneficiary holds, temporarily or permanently, any charge, office or situation involving remuneration paid by the municipality.

In computing any such period of twelve years, a part of a year shall be counted as a full year.

In no case may the council of a municipality adopt a by-law, after 12 December 1974, to grant a pension pursuant to this section.

1968, c. 55, s. 24; 1988, c. 85, s. 84.

67. No vote given by a person unlawfully holding office as mayor or councillor, and no act in which he participates in such quality, may be set aside solely by reason of the illegal exercise of such office.

R. S. 1964, c. 193, s. 65; 1968, c. 55, s. 5.

68. (Repealed).

R. S. 1964, c. 193, s. 66; 1968, c. 55, s. 5, s. 25; 1992, c. 61, s. 116.

69. If questions of fact arise in matters before the council or any of its committees, which the interests of the municipality require to be investigated by the examination of witnesses on oath or otherwise, or if it also becomes necessary, in the like interest, to institute inquiries into the truth of representations which may be made to the council respecting matters within its jurisdiction, any committee appointed by the council to investigate the same, or to make such inquiry, or the committee before which any such question arises, may issue a summons signed by its chairman requiring any person to appear before such committee, for the purpose of giving evidence touching such question or inquiry, and also, if deemed expedient, to produce any papers or documents in his possession or under his control, bearing upon such question or inquiry, and described in such summons.

Every person so neglecting or refusing to appear, or refusing to produce papers or to be examined as aforesaid, shall be subject to a fine of not more than $40.

The chairman of any committee of the council may administer the oath to the witnesses.

R. S. 1964, c. 193, s. 67; 1986, c. 95, s. 45; 1990, c. 4, s. 172.

70. (1)  The council may appoint permanent or special committees, composed of as many of its members as it may deem necessary, to supervise the administration of the several civic departments for which they are respectively appointed, and to manage such business as it may, by by-law or resolution, assign to them.

The council may replace any member of the said committees whenever it thinks proper.

The mayor shall be a member exofficio of all committees, and shall have a right to vote therein.

Every committee shall render account of its labours and decisions by reports signed by its chairman or by a majority of the members who compose it.

No report of a committee appointed under this section shall have any effect until it has been ratified or adopted by the council.

(2)  (Subsection repealed).

(3)  (Subsection repealed).

R. S. 1964, c. 193, s. 68; 1968, c. 55, s. 5, s. 26; 1979, c. 51, s. 260.

§ 5.1 . — Executive Committee

1978, c. 63, s. 119.

70.1. The council may, by by-law adopted by a two-thirds majority of the votes, create an executive committee of three members if the council is composed of from 12 to 20 councillors or five members if the council is composed of more than 20 councillors.

1978, c. 63, s. 119; 1980, c. 16, s. 71.

70.2. The mayor is, exofficio, chairman of the committee.

The other members of the committee are appointed, by resolution of the council, from among its members, for a one-year term; the term is renewable.

1978, c. 63, s. 119.

70.3. The chairman appoints, from among the other members of the committee, a deputy chairman to replace him when absent or unable to act.

1978, c. 63, s. 119.

70.4. (Repealed).

1978, c. 63, s. 119; 1980, c. 16, s. 72.

70.5. Two members of a committee of three, or three members of a committee of five, are a quorum.

1978, c. 63, s. 119.

70.6. The clerk is, exofficio, secretary of the committee.

1978, c. 63, s. 119.

70.7. (Repealed).

1978, c. 63, s. 119; 1983, c. 57, s. 45.

70.8. The committee prepares and submits to the council:

(a)  draft by-laws;

(b)  the annual budget;

(c)  any request for the allocation of the proceeds of loans or for any other moneys required;

(d)  any request for the transfer of funds or moneys already voted;

(e)  any report that recommends the granting of franchises or privileges;

(f)  any report concerning the exchange or the lease by emphyteusis of an immovable that belongs to the municipality or the lease of the municipality’s movable or immovable property under a lease of more than one year;

(g)  any report on any other subject submitted to it by the council that falls within the latter’s jurisdiction;

(h)  any plan for the classification of positions and the related salaries.

1978, c. 63, s. 119; 1996, c. 2, s. 131.

70.9. The committee must give an account of its work to the council and no report or decision has effect unless it has been adopted or ratified by the council.

1978, c. 63, s. 119.

70.10. Sections 70.1 to 70.9 apply to every municipality

(a)  (paragraph repealed);

(b)  that has no executive committee or administrative committee under its charter; and

(c)  whose council is made up of at least 12 councillors.

1978, c. 63, s. 119; 1979, c. 39, s. 15; 1980, c. 16, s. 73; 1982, c. 2, s. 30; 1996, c. 2, s. 132.

§ 6 . — Officers and employees of the municipality

I.  — General Provisions

71. The council shall appoint by resolution such officers and employees as it deems necessary for the administration of the municipality, and shall fix their salaries.

An absolute majority of the votes of the members of the council is required in order that the council may dismiss, suspend without pay or reduce the salary of an officer or employee who is not an employee within the meaning of the Labour Code (chapter C‐27) and who has held a position for at least six months or has held, within the municipality, a position the holder of which is not an employee within the meaning of that Code. However, in the case of the chief auditor, a two-thirds majority of the votes of the members is required.

The second paragraph also applies to any officer or employee who is not an employee represented by a certified association within the meaning of the Labour Code, who is either designated under paragraph 7 of section 119 of the Act respecting land use planning and development (chapter A‐19.1) or responsible for the issuance of a permit required under section 4 of the Regulation respecting waste water disposal systems for isolated dwellings (R.R.Q., 1981, c. Q-2, r. 8), and who has held a position for at least six months or has held, within the municipality, a position referred to in the second paragraph.

R. S. 1964, c. 193, s. 69; 1968, c. 17, s. 88; 1968, c. 53, s. 1; 1968, c. 55, s. 27; 1983, c. 57, s. 46; 2000, c. 12, s. 316; 2000, c. 54, s. 1; 2001, c. 25, s. 12.

72. A resolution dismissing, suspending without pay or reducing the salary of an officer or employee referred to in the second or third paragraph of section 71, shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C‐25).

Subject to section 89 of the Police Act (chapter P‐13.1), a person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the labour commissioner general who shall appoint a labour commissioner to make an inquiry and decide the complaint.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66; 2000, c. 12, s. 317; 2000, c. 54, s. 2.

72.1. The provisions of the Labour Code (chapter C‐27) respecting the labour commissioner general, the labour commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19 and 118 to 137.

1995, c. 34, s. 9; 2000, c. 54, s. 2.

72.2. The labour commissioner may

(1)  order the municipality to reinstate the officer or employee;

(2)  order the municipality to pay to the officer or employee an indemnity up to a maximum equivalent to the salary the officer or employee would normally have received had there been no such measure;

(3)  render any other decision the labour commissioner believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the municipality to pay to the officer or employee compensation up to a maximum equivalent to the amount the officer or employee disbursed to exercise the recourse.

2000, c. 54, s. 2.

72.3. The decision of the labour commissioner must state the grounds on which it is based and be rendered in writing. The decision shall bind both the municipality and the officer or employee.

The labour commissioner must file the original of the decision at the office of the labour commissioner general.

The clerk shall send forthwith a true copy of the decision to the parties.

2000, c. 54, s. 2.

73. Sections 72 to 72.3 and 73.1 apply to a municipality even where the municipality’s charter enacts for the municipality a section of this Act bearing the same number or repeals, replaces or amends section 71, directly or indirectly, in whole or in part.

1968, c. 53, s. 1; 1995, c. 34, s. 10; 1996, c. 2, s. 133; 2000, c. 54, s. 2; 2000, c. 56, s. 107.

73.1. Sections 71 to 73 do not apply to a suspension without pay unless

(1)  the suspension is for more than twenty working days, or

(2)  the suspension, whatever its duration, occurs within twelve months following the expiry of a suspension without pay for more than twenty working days.

1983, c. 57, s. 48.

73.2. The council may, on the conditions it determines, delegate to any officer or employee of the municipality who is not an employee within the meaning of the Labour Code (chapter C-27) the power to hire officers and employees who are such employees.

The hiring requires, to be valid, a certificate issued by the treasurer indicating that there are sufficient funds available for that purpose. If the hiring extends beyond one fiscal year, a certificate must be issued for the portion of the expenditures to be made during the first fiscal year and thereafter at the beginning of each fiscal year during which the hiring is effective.

The list of the persons hired under the first paragraph shall be submitted at a council meeting held after they are hired.

1996, c. 27, s. 9; 1997, c. 93, s. 48.

74. (Repealed).

R. S. 1964, c. 193, s. 70; 1968, c. 55, s. 5; 1996, c. 27, s. 10.

75. (Repealed).

R. S. 1964, c. 193, s. 71; 1968, c. 55, s. 5; 1996, c. 27, s. 10.

76. (Repealed).

R. S. 1964, c. 193, s. 72; 1995, c. 34, s. 11.

77. The council may, by by-law, determine the duties of the officers or employees of the municipality not defined by this Act or the charter.

Subject to the Act respecting liquor permits (chapter P-9.1), the council may, from time to time, by resolution, designate one of the officers or employees of the municipality to hold, for the benefit and advantage of the municipality, a permit for the sale of alcoholic beverages in any recreation centre or in any public place which it owns or leases.

R. S. 1964, c. 193, s. 73; 1968, c. 55, s. 5; 1975, c. 66, s. 8; 1979, c. 71, s. 160; 1983, c. 57, s. 49.

78. Whenever an act or proceeding must be executed by more than two officers or employees of the municipality, it may be validly executed by the majority of such officers or employees, save in cases otherwise provided for.

R. S. 1964, c. 193, s. 74; 1968, c. 55, s. 5.

79. Every officer or employee of the municipality who has ceased to discharge the duties of his office shall deliver, within the eight days next following, to the mayor, or at the office of the council, all the moneys, keys, books, papers, insignia, documents, records and other things belonging to the council.

R. S. 1964, c. 193, s. 75; 1968, c. 55, s. 5.

80. If any officer or employee of the municipality die, or if he be absent from the territory of the municipality, his representatives or heirs shall, within one month from his death or absence, deliver, to the mayor or at the office of the council, the moneys, keys, books, papers, objects, documents, records and other things belonging to the council, and which he had in charge or in use in the execution of the office so held by him.

R. S. 1964, c. 193, s. 76; 1968, s. 55, s. 5; 1996, c. 2, s. 134.

81. In the case of section 79 or 80, the council may, in addition to any other legal recourse, recover, from such officer or employee of the municipality or from his representatives, all such moneys, keys, books, papers, insignia, documents, records and other things, without prejudice to damages, with costs.

The council may exercise the same rights and obtain the same remedy against any other person having in his possession and refusing to deliver up any such things.

R. S. 1964, c. 193, s. 77; 1968, c. 55, s. 5.

82. Every officer or employee of the municipality shall give an accurate report in writing, and in the manner determined by the council, to the council or to any authorized person, upon all matters connected with his duties, and render an account of the moneys collected by him and of those which he has paid or disbursed for the council and under its control, specifying the objects for which such moneys were so paid or disbursed.

R. S. 1964, c. 193, s. 79; 1968, c. 55, s. 5.

83. The council may bring an action to account against any employee responsible for moneys belonging to the municipality, and he shall, if necessary, be condemned to render account, and to pay the sum which he is declared to owe, with interest and costs of suit.

R. S. 1964, c. 193, s. 80 (part); 1965 (1st sess.), c. 80, a. 1.

84. The council may establish a tariff of fees payable to officers or employees of the municipality for their services, whether by persons who have required such services or by those on whose account they are rendered, or by the municipality, in cases in which such fees have not been fixed by law.

R. S. 1964, c. 193, s. 81; 1968, c. 55, s. 5; 1996, c. 27, s. 11.

Not in force

84.1. Every municipality must contribute to the financing of at least one of the services established by the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM), or by any body constituted for that purpose and of which the Union or the Fédération is a founder, with a view to affording municipalities access to information and advice as regards labour relations and human resources management.

The contribution of a municipality shall be fixed according to the rules determined by the supplier of the service being financed by the municipality’s contribution.

The first and second paragraphs do not apply to the Eeyou Istchee James Bay Regional Government.

2000, c. 54, s. 3; 2000, c. 56, s. 108; 2013, c. 19, s. 91.

II.  — Clerk

85. The council shall always have an officer or employee of the municipality as keeper of its office and archives.

Such officer or employee shall be styled the clerk.

R. S. 1964, c. 193, s. 82; 1968, c. 55, s. 5; 1996, c. 2, s. 135.

86. The office of the clerk shall be established in the place where the sittings of the council are held, or in any other place fixed by resolution of the council.

R. S. 1964, c. 193, s. 83.

87. The clerk shall be the custodian of the books, registers, plans, maps, archives and other documents and papers, which are either the property of the municipality or are produced, filed or preserved in its office.

R. S. 1964, c. 193, s. 84; 1999, c. 40, s. 51.

88. The clerk cannot divest himself of the custody of any of such things, except with the permission of the council or upon an order of a court.

R. S. 1964, c. 193, s. 85.

89. (Repealed).

1977, c. 52, s. 10; 1983, c. 38, s. 62.

90. The clerk shall attend at all sittings of the council, and draw up minutes of all the acts and proceedings thereof.

R. S. 1964, c. 193, s. 86.

91. (Section renumbered).

R. S. 1964, c. 193, s. 87; 1968, c. 55, s. 29; 1975, c. 66, s. 9; 1987, c. 68, s. 26.

See section 114.2.

92. Copies and extracts, certified by the clerk, of and from any books, registers, archives, documents or papers preserved in the office of the municipality, shall be evidence of their contents.

R. S. 1964, c. 193, s. 88.

93. The registers and documents in the possession of the clerk and forming part of the archives of the council may be inspected during regular working hours by any person applying to do so.

R. S. 1964, c. 193, s. 89; 1979, c. 36, s. 61; 1987, c. 68, s. 27.

94. (Repealed).

R. S. 1964, c. 193, s. 90; 1968, c. 55, s. 30; 1984, c. 38, s. 9.

95. (Repealed).

R. S. 1964, c. 193, s. 91; 1984, c. 38, s. 9.

96. The assistant clerk, if appointed by the council, may perform all the duties of the office of clerk, with the same rights, powers and privileges, and under the same obligations and penalties.

In the case of a vacancy in the office of the clerk, the assistant clerk shall perform the duties of the office until the vacancy is filled.

R. S. 1964, c. 193, s. 92.

III.  — Treasurer

97. The council shall have an officer or employee of the municipality, called the treasurer, who shall be the collector and depositary of all the moneys of the municipality.

R. S. 1964, c. 193, s. 93; 1968, c. 55, s. 5.

98. The treasurer’s office shall be in the place where the sittings of the council are held, or in any other place fixed by resolution of the council.

R. S. 1964, c. 193, s. 94.

99. Subject to all other legal provisions, the treasurer shall deposit, in any legally constituted bank, financial services cooperative or trust company which may be designated by the council, the moneys arising from municipal taxes or dues, and all other moneys belonging to the municipality, and shall allow them to remain there until they are employed for the purposes for which they were levied, or until disposed of by the council.

He may also, with the prior authorization of the council, invest such moneys for short terms in any legally constituted bank, financial services cooperative or trust company which may be designated by the council, or purchase securities issued or guaranteed by the Government of Canada, the Gouvernement du Québec or the government of another Canadian province or securities issued or guaranteed by a municipality or by a mandatary body of a municipality or a supramunicipal body within the meaning of sections 18 and 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

The council may invest the moneys mentioned in the first paragraph in the purchase of shares in an unincorporated mutual fund which is managed by a financial institution, and all the shares of which are held by municipalities, by bodies referred to in section 18 of the Act respecting the Pension Plan of Elected Municipal Officers, by school boards or by two or more of such entities. The investments made by such a fund must be limited to those set out in the second paragraph.

The Minister may, by regulation, determine other securities in which the council may invest, through the agency of the unincorporated mutual fund referred to in the third paragraph, the moneys mentioned in the first paragraph, or determine the forms of investment in which the council may invest the moneys through the agency of such a fund.

R. S. 1964, c. 193, s. 95; 1968, c. 55, s. 31; 1979, c. 36, s. 62; 1992, c. 27, s. 2; 1994, c. 33, s. 7; 1996, c. 77, s. 12; 1997, c. 41, s. 65; 1997, c. 93, s. 49; 2000, c. 29, s. 626.

100. (1)  The treasurer is bound to keep books of account in which he enters, by order of date, the receipts and expenditures, mentioning the persons who have paid moneys into his hands or to whom he has made a payment.

(2)  He must obtain and keep vouchers for all payments he has made for the municipality, produce them for audit and inspection, and file them amongst the archives of the municipality.

(3)  Such books shall be kept in the form prescribed or approved of by the Minister of Municipal Affairs and Greater Montréal, or in accordance with the system established by the Government.

R. S. 1964, c. 193, s. 96; 1999, c. 43, s. 13.

100.1. Cheques and negotiable instruments other than bonds issued by the municipality shall be signed by the mayor and the treasurer. The signature of the mayor and of the treasurer may be printed, engraved or otherwise reproduced.

1979, c. 36, s. 63; 1994, c. 33, s. 8.

101. The treasurer shall not, nor shall any other officer or employee of the municipality, under a penalty of $20 for each offence,—

(1)  grant a discharge to any person indebted to the municipality, without having received payment for such debt, either in cash or in an accepted bank cheque;

(2)  lend, directly or indirectly, by himself or by others, to any person, moneys belonging to the municipality.

R. S. 1964, c. 193, s. 97; 1968, c. 55, s. 5.

102. The books of accounts of the treasurer and vouchers for his expenses may be inspected during regular working hours by any person applying to do so.

R. S. 1964, c. 193, s. 98; 1979, c. 36, s. 64; 1987, c. 68, s. 28.

103. (Repealed).

R. S. 1964, c. 193, s. 99; 1968, c. 55, s. 32; 1975, c. 66, s. 10; 1987, c. 68, s. 29.

104. Copies and extracts, certified by the treasurer, of and from the books, archives, documents and papers in his custody, shall be evidence of their contents.

R. S. 1964, c. 193, s. 100.

105. At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year, and attest that it is accurate.

The financial report shall be drawn up on the forms furnished by the Minister of Municipal Affairs and Greater Montréal. It shall include the financial statements, a statement fixing the aggregate taxation rate of the municipality within the meaning of the regulations made under section 262 of the Act respecting municipal taxation (chapter F‐2.1) and any other information required by the Minister.

R. S. 1964, c. 193, s. 101; 1984, c. 38, s. 10; 1996, c. 2, s. 209; 1999, c. 43, s. 13.

105.1. The treasurer shall, at a sitting of the council, file the financial report, the chief auditor’s report transmitted under section 107.14 and the external auditor’s report transmitted under section 108.3.

At least five days before the sitting, the clerk shall give public notice indicating that the reports will be filed at that sitting.

1984, c. 38, s. 10; 2001, c. 25, s. 13.

105.2. After the filing contemplated in section 105.1 and not later than 15 April, the clerk shall transmit the financial report, the chief auditor’s report and the external auditor’s report to the Minister of Municipal Affairs and Greater Montréal.

If the financial report is not transmitted to the Minister within the prescribed time, the Minister may cause a report to be prepared, for any period and at the municipality’s expense, by an officer of the Ministère des Affaires municipales et de la Métropole or by a person authorized to act as external auditor for a municipality.

If the report contemplated in the second paragraph is prepared by a person other than an officer of the Ministère des Affaires municipales et de la Métropole, the person’s fees are paid by the municipality unless the Minister decides to make the payment, in which case he may require reimbursement from the municipality.

1984, c. 38, s. 10; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 14.

105.3. The council may call upon the treasurer, at any time during the year, to produce a detailed account of the revenues and expenditures of the municipality.

1984, c. 38, s. 10; 1996, c. 2, s. 209.

105.4. Once every three months, including at the last regular sitting before the sitting during which the budget is adopted, the treasurer shall transmit to the council a statement of the revenues and expenditures of the municipality from the beginning of the fiscal year. He shall also transmit two comparative statements, one on the revenues that are receivable during the fiscal year and those provided for in the budget, and the other on the expenses made on the date of the statement and those provided for in the budget.

1984, c. 38, s. 10; 1996, c. 2, s. 209.

105.5. All actions, claims or demands against the treasurer and arising from his administration shall be prescribed by five years from the financial report drawn up by him.

1984, c. 38, s. 10.

106. The assistant treasurer, if one is appointed by the council, may exercise all the powers of the office of treasurer, with the rights, duties, privileges, obligations and penalties attached to such office.

In case of vacancy in the office of treasurer, the assistant treasurer shall perform the duties of such office until the vacancy is filled.

R. S. 1964, c. 193, s. 102.

IV.  — Secretary-Treasurer

107. The council, if it deem it expedient, may appoint a single person to fill the offices of clerk and treasurer. In such case the officer or employee of the municipality filling such offices shall be known as the secretary-treasurer, and he shall have the same rights, powers and privileges, and shall be liable to the same obligations and penalties, as those determined and prescribed for such offices.

The council may also appoint a single person to fill the offices of assistant clerk and assistant treasurer. Such officer or employee shall be known as the “assistant secretary-treasurer” and he may exercise all the powers of the office of secretary-treasurer, with the rights, duties, privileges, obligations and penalties attached to such office.

R. S. 1964, c. 193, s. 103; 1968, c. 55, s. 5.

IV.1.  — Chief auditor

2001, c. 25, s. 15.

107.1. The council of every municipality having 100,000 inhabitants or more shall have an officer called the chief auditor.

2001, c. 25, s. 15.

107.2. The chief auditor shall, by a resolution approved by a two-thirds majority of the votes of the members of the council, be appointed for a term of seven years. The term may not be renewed.

2001, c. 25, s. 15.

107.3. In no case may the following persons act as chief auditor :

(1)  a member of the council of the municipality and, where applicable, of a borough council ;

(2)  the associate of a member mentioned in subparagraph 1 ;

(3)  a person who, personally or through an associate, has any direct or indirect interest in a contract with the municipality or a legal person referred to in paragraph 2 of section 107.7.

The chief auditor shall disclose in every report produced any situation that could cause a conflict between the chief auditor’s personal interest and duties of office.

2001, c. 25, s. 15.

107.4. If the chief auditor is unable to act, or if the office of chief auditor is vacant, the council shall,

(1)  not later than at the sitting following the inability to act or the vacancy, designate a person qualified to replace the chief auditor, for a period of not more than 180 days ;

(2)  not later than at the sitting following the inability or the vacancy, or not later than at the sitting following the expiry of the period fixed under paragraph 1, appoint a new chief auditor in accordance with section 107.2.

2001, c. 25, s. 15.

107.5. The budget of the municipality shall include an appropriation to provide for payment of a sum to the chief auditor to cover the expenses relating to the exercise of the chief auditor’s duties.

Subject to the third paragraph, the appropriation must be equal to or greater than the product obtained by multiplying the total of the other appropriations provided for in the budget for operating expenses by

(1)  0.17% where the total of those appropriations is less than $100,000,000 ;

(2)  0.16% where the total of those appropriations is at least $100,000,000 and less than $200,000,000 ;

(3)  0.15% where the total of those appropriations is at least $200,000,000 and less than $400,000,000 ;

(4)  0.14% where the total of those appropriations is at least $400,000,000 and less than $600,000,000 ;

(5)  0.13% where the total of those appropriations is at least $600,000,000 and less than $800,000,000 ;

(6)  0.12% where the total of those appropriations is at least $800,000,000 and less than $1,000,000,000 ;

(7)  0.11% where the total of those appropriations is at least $1,000,000,000.

Where the budget of the municipality provides for appropriations for operating expenses related to the operation of a system of production, transmission or distribution of electric power, 50% only of those appropriations shall be taken into account in establishing the total of the appropriations referred to in the second paragraph.

2001, c. 25, s. 15; 2001, c. 68, s. 5.

107.6. The chief auditor is responsible for the application of the municipality’s policies and standards relating to the management of the human, material and financial resources assigned to auditing.

2001, c. 25, s. 15.

107.7. The chief auditor shall audit the accounts and affairs

(1)  of the municipality ;

(2)  of every legal person in respect of which the municipality or a mandatary of the municipality holds more than 50% of the outstanding shares or voting shares or appoints more than 50% of the members of the board of directors.

2001, c. 25, s. 15.

107.8. The audit of the affairs and accounts of the municipality and of any legal person referred to in paragraph 2 of section 107.7 comprises, to the extent considered appropriate by the chief auditor, financial auditing, auditing for compliance of their operations with the Acts, regulations, policies and directives, and auditing for value-for-money.

The audit must not call into question the merits of the policies and objectives of the municipality or legal persons referred to in paragraph 2 of section 107.7.

The chief auditor in the performance of his duties is authorized

(1)  to examine any document concerning the affairs and accounts relating to the objects of the audit ;

(2)  to require from any employee of the municipality or any legal person referred to in paragraph 2 of section 107.7 all information, reports and explanations the chief auditor considers necessary.

2001, c. 25, s. 15; 2001, c. 68, s. 6.

107.9. Any legal person receiving an annual subsidy from the municipality of at least $100,000 is required to have its financial statements audited.

The auditor of a legal person not referred to in paragraph 2 of section 107.7 that receives an annual subsidy from the municipality of at least $100,000 shall transmit to the chief auditor a copy of

(1)   the annual financial statements of the legal person ;

(2)  the auditor’s report on the statements ;

(3)  any other report summarizing the auditor’s findings and recommendations to the board of directors or the officers of the legal person.

That auditor shall also, on the request of the chief auditor,

(1)  place at the disposal of the chief auditor any document relating to the auditor’s audit and its results ;

(2)  provide all information and explanations the chief auditor considers necessary concerning the auditor’s audit and its results.

Where the chief auditor considers that the information, explanations and documents provided by an auditor under the second paragraph are insufficient, the chief auditor may conduct such additional audit as he considers necessary.

2001, c. 25, s. 15.

107.10. The chief auditor may conduct an audit of the accounts or documents of any person having received financial assistance from the municipality or from a legal person referred to in paragraph 2 of section 107.7, as regards the use made of such assistance.

The municipality and the person having received the financial assistance are required to furnish to or place at the disposal of the chief auditor any accounts and documents that the chief auditor considers relevant to the performance of the chief auditor’s duties.

The chief auditor is authorized to require from any officer or employee of the municipality or from any person having received financial assistance any information, reports and explanations the chief auditor considers necessary to the performance of the chief auditor’s duties.

2001, c. 25, s. 15.

107.11. The chief auditor may conduct an audit of the pension plan or pension fund of a pension committee of a municipality or a legal person referred to in paragraph 2 of section 107.7 where the committee requests the chief auditor to do so with the approval of the council.

2001, c. 25, s. 15.

107.12. The chief auditor shall, every time the council so requests, investigate and report on any matter within the competence of the chief auditor. In no case, however, may the investigation take precedence over the primary responsibilities of the chief auditor.

2001, c. 25, s. 15.

107.13. Not later than 31 August each year, the chief auditor shall transmit to the council a report presenting the results of the audit for the fiscal year ending on the previous 31 December and indicate any fact or irregularity the chief auditor considers expedient to mention, in particular in relation to

(1)  control of revenue including assessment and collection ;

(2)  control of expenditure, including authorization, and compliance with appropriations ;

(3)  control of assets and liabilities including related authorizations ;

(4)  accounting for operations and related statements ;

(5)  control and safeguard of property owned or administered ;

(6)  acquisition and utilization of resources without sufficient regard to economy or efficiency ;

(7)  implementation of satisfactory procedures to measure and report effectiveness in cases where it is reasonable to do so.

The chief auditor may also, at any time, transmit to the council a report of the findings and recommendations that, in the opinion of the chief auditor, warrant being brought to the attention of the council before the filing of the annual report.

2001, c. 25, s. 15.

107.14. The chief auditor shall report to the council on the audit of the financial statements of the municipality and the statement fixing the aggregate taxation rate.

In the report, which shall be transmitted to the treasurer not later than 31 March, the chief auditor shall state, in particular, whether

(1)  the financial statements faithfully represent the municipality’s financial position on 31 December and the results of its operations for the fiscal year ending on that date ;

(2)  the aggregate taxation rate has been fixed in accordance with the regulations made under section 262 of the Act respecting municipal taxation (chapter F-2.1).

2001, c. 25, s. 15.

107.15. The chief auditor shall report to the boards of directors of the legal persons referred to in paragraph 2 of section 107.7 on the audit of the financial statements before the expiry of the time within which they are to produce their financial statements.

In the report, the chief auditor shall state, in particular, whether the financial statements faithfully represent their financial position and the results of their operations at the end of their fiscal year.

2001, c. 25, s. 15.

107.16. Notwithstanding any general law or special Act, neither the chief auditor nor the employees under the chief auditor’s direction or the professionals under contract may be compelled to give testimony relating to any information obtained in the performance of their duties or to produce any document containing such information.

Neither the chief auditor nor the employees under the chief auditor’s direction may be prosecuted by reason of any act they have done or failed to do in good faith in the performance of their duties.

No civil action may be instituted by reason of the publication of a report of the chief auditor prepared under this Act or of the publication in good faith of an extract or summary of such a report.

Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised nor any injunction granted against the chief auditor, the employees under the chief auditor’s direction or the professionals under contract acting in their official capacity.

A judge of the Court of Appeal, on a motion, may summarily annul any proceeding instituted or decision rendered contrary to the provisions of the first paragraph.

2001, c. 25, s. 15.

107.17. The council may establish an audit committee and determine its composition and powers.

2001, c. 25, s. 15.

V.  — External auditor

2001, c. 25, s. 16.

108. During the period extending from 1 December to 15 April, the council shall appoint an external auditor for the fiscal year beginning during that period. If, on 15 April, the appointment has not been made, the external auditor appointed for the preceding fiscal year shall remain in office.

In the case of a local municipality having 100,000 inhabitants or more, the external auditor shall be appointed for three years. At the end of that term, the external auditor shall remain in office until replaced or reappointed.

If the external auditor appointed for a fiscal year is not the external auditor in office for the preceding fiscal year, the clerk shall inform the Minister of Municipal Affairs and Greater Montréal of the name of the new external auditor as soon as possible after his appointment.

R. S. 1964, c. 193, s. 104; 1975, c. 66, s. 11; 1984, c. 38, s. 11; 1995, c. 34, s. 12; 1996, c. 27, s. 12; 1999, c. 43, s. 13; 2001, c. 25, s. 17.

108.1. If the office of the external auditor becomes vacant before the expiry of his term, the council shall fill the vacancy at the next sitting.

1984, c. 38, s. 11; 2001, c. 25, s. 18.

108.2. Subject to section 108.2.1, the external auditor shall audit, for the fiscal year for which he was appointed, the financial statements, the statement fixing the aggregate taxation rate and any other document determined by the Minister of Municipal Affairs and Greater Montréal by regulation published in the Gazette officielle du Québec.

The auditor shall make a report of his audit to the council. He shall state in his report, in particular, whether

(1)  the financial statements faithfully represent the municipality’s financial position on 31 December and the results of its operations for the fiscal year ending on that date;

(2)  the aggregate taxation rate has been fixed in accordance with the regulations made under section 262 of the Act respecting municipal taxation (chapter F-2.1).

1984, c. 38, s. 11; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 19.

108.2.1. In the case of a municipality having 100,000 inhabitants or more, the external auditor shall audit, for each fiscal year for which the external auditor has been appointed,

(1)  the accounts relating to the chief auditor ;

(2)  the financial statements of the municipality and any document determined by the Minister of Municipal Affairs and Greater Montréal by regulation published in the Gazette officielle du Québec.

The external auditor shall make a report of the audit to the council. The external auditor shall state in the report on the financial statements, in particular, whether the financial statements faithfully represent the municipality’s financial position on 31 December, and the results of its operations for the fiscal year ending on that date.

2001, c. 25, s. 20; 2001, c. 68, s. 7.

108.3. The external auditor shall transmit to the treasurer, not later than 31 March following the expiry of the fiscal year for which the external auditor was appointed, the report referred to in section 108.2 or, as the case may be, the report referred to in subparagraph 2 of the first paragraph of section 108.2.1.

The report referred to in subparagraph 1 of the first paragraph of section 108.2.1 shall be transmitted to the council on the date determined by the council.

1984, c. 38, s. 11; 2001, c. 25, s. 21.

108.4. The council may require any other audit it considers necessary, and require a report.

1984, c. 38, s. 11.

108.4.1. The external auditor shall have access to the books, accounts, securities, documents and vouchers and may require the employees of the municipality to furnish any information and explanations necessary for the performance of the external auditor’s mandate.

2001, c. 25, s. 22.

108.4.2. The chief auditor shall place at the disposal of the external auditor all books, statements and other documents prepared or used by the chief auditor during the audit conducted under section 107.7.

2001, c. 25, s. 22.

108.5. In no case may the following persons act as external auditor of the municipality;

(1)  a member of the council of the municipality and, where applicable, of a borough council;

(2)  an officer or an employee of the municipality;

(3)  the associate of a person mentioned in paragraph 1 or 2;

(4)  a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any participation, interest or commission in or under a contract with the municipality or in respect of such a contract, or who derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.

1984, c. 38, s. 11; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 2001, c. 25, s. 23.

108.6. The external auditor may be an individual or a partnership. The external auditor may entrust his employees with his work but his responsibility is then the same as if he had performed all the work personally.

1984, c. 38, s. 11; 1999, c. 40, s. 51; 2001, c. 25, s. 24.

V.1.  — Auditor ad hoc

2001, c. 25, s. 25.

109. At any time of the year, if so required in writing by at least 50 ratepayers, the council shall also order a special audit of the accounts of the municipality for one or more of the last five years, provided that no such audit has already been made for the same years under this section.

The auditor ad hoc shall be appointed by the council, but before he is appointed the choice which the council intends to make must be accepted in writing by the majority of the ratepayers who demanded the audit; failing agreement between such ratepayers and the council, the auditor ad hoc shall be appointed by a judge of the Court of Québec upon the petition of one of the parties after notice of eight clear days to the other party.

The costs of such audit shall be payable by the responsible officer or employee of the municipality, if he has been guilty of embezzlement or if, having been found short in his accounts, he fails to repay the balance within the time fixed by the last paragraph; otherwise the costs shall be payable by the persons who demanded the audit, unless the audit is of no advantage to the municipality.

The demand for an audit under this section must be accompanied by a deposit of $2,000, which shall be returned to the petitioners if the costs of the audit are not charged to them.

Any auditor ad hoc appointed for such purposes may be an individual or a partnership, and may entrust the work to his or its employees, but then the responsibility of such auditor shall be the same as if such work had been entirely performed by the auditor himself. In the case of a partnership, the taking of the oath of office by one of the partners shall be sufficient.

Within 30 days after the service upon him of a copy of the report of the audit, the defaulting officer or employee of the municipality must pay the amount of the balance which he has been found to owe, as well as the costs of the audit.

R. S. 1964, c. 193, s. 105; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 5; 1988, c. 21, s. 66; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 2001, c. 25, s. 26.

VI.  — Rural inspectors

110. If it considers it necessary, the council may appoint one or more rural inspectors who shall remain in office for such period as may be fixed by the council. The rural inspector shall have jurisdiction in the territory determined by by-law of the council or, failing such a by-law, in the whole of the territory of the municipality.

R. S. 1964, c. 193, s. 106; 1968, c. 53, s. 2; 1968, c. 55, s. 33; 1977, c. 52, s. 11; 1979, c. 72, s. 490; 1986, c. 31, s. 4; 1988, c. 76, s. 1.

111. The rural inspector shall enjoy the rights, exercise the powers and have the obligations, with regard to the territory under his jurisdiction, of a rural inspector appointed under the Municipal Code (chapter C-27.1), in accordance with the relevant definitions and provisions of the said Code and subject to any incompatible provision of this act.

R. S. 1964, c. 193, s. 107; 1977, c. 52, s. 11.

VII.  — Director general

1983, c. 57, s. 50.

112. The council may, by the vote of the absolute majority of its members, appoint a director general and fix his salary.

If the council does not appoint a director general, it may designate an officer or employee of the municipality to perform the duties of a director general.

The council may also appoint an assistant director general who shall replace the director general if he is absent or if he is unable or refuses to act or if the office of director general is vacant. If no assistant director general is appointed, the council may designate an officer or employee of the municipality to perform the duties of an assistant director general.

Where the council appoints more than one assistant director general or designates several officers or employees to perform the duties of assistant director general, it shall establish their respective competence so as to determine who shall replace the director general in any of the cases contemplated in the third paragraph.

R. S. 1964, c. 193, s. 108; 1968, c. 55, s. 34; 1983, c. 57, s. 50.

113. The director general is the chief officer of the municipality.

The director general has authority over all the other officers and employees of the municipality, except the chief auditor, who reports directly to the council. With respect to an officer or employee whose duties are prescribed by law, the authority of the director general is exercised only within the framework of his duties as the administrator of human, material and financial resources of the municipality and may in no case hinder the carrying out of duties that are prescribed by law.

The director general may suspend an officer or employee from his duties. He shall immediately make a report of the suspension to the council. The council shall decide the case of the suspended officer or employee, after inquiry.

R. S. 1964, c. 193, s. 109; 1968, c. 55, s. 5; 1983, c. 57, s. 50; 2001, c. 25, s. 27.

113.1. (Replaced).

1979, c. 67, s. 39; 1983, c. 57, s. 50.

114. Under the authority of the council or the executive committee, the director general is responsible for the administration of the municipality and, for that purpose, he shall plan, organize, direct and supervise the activities of the municipality.

R. S. 1964, c. 193, s. 115; 1968, c. 55, s. 36; 1983, c. 57, s. 50.

114.1. In application of sections 113 and 114, the director general shall, in particular, perform the following duties:

(1)  he shall ensure communication between the council, the executive committee and other committees, on the one hand, and the other officers and employees of the municipality on the other hand; for that purpose, the director general shall have access to every document of the municipality and may require any document or information from any officer or employee except where, in the opinion of the head of the police department, it would disclose the content of a record concerning a police investigation;

(2)  he shall prepare the budget and, where such is the case, the municipality’s program of capital expenditures and the plans, programs and projects intended for the orderly functioning of the municipality with the collaboration of the heads of departments and the other officers and employees of the municipality;

(3)  he shall examine the complaints and claims against the municipality;

(4)  he shall examine the draft by-laws of the municipality;

(5)  he shall submit to the council, the executive committee or another committee, as the case may be, the budgets, programs of capital expenditures, plans, programs and projects prepared by him together with his observations and recommendations concerning the complaints, claims and draft by-laws that he has examined;

(6)  he shall make to the council, the executive committee or another committee, as the case may be, a report on any matter that he believes should be brought to it in view of the sound management of public funds, the progress of the municipality and the welfare of its citizens provided that the report does not, in the opinion of the head of the police department, tend to disclose the content of a record concerning a police investigation; and, he shall, where he considers it expedient, add his own conclusions to the record of any matter submitted to the council, the executive committee or another committee;

(7)  he shall attend the meetings of the council, of the executive committee and of other committees and, with the permission of the chairman of the meeting, give his advice and present recommendations on the matters debated, without having the right to vote;

(8)  subject to the powers of the mayor, he shall see to it that the by-laws of the municipality and the decisions of the council are implemented and, particularly, see to it that the funds are used for the purposes for which they were voted.

1983, c. 57, s. 50.

114.1.1. Sections 112 to 114.1 apply to every municipality governed by this Act, even if a provision of the charter of the municipality that came into force before 19 December 1968 repeals, replaces or amends, directly or indirectly, one or more of those sections.

However, subject to section 3, sections 112 to 114.1 do not apply to Ville de Laval and Ville de Hull.

1996, c. 2, s. 136.

VIII.  — The person in charge of access to documents of the municipality

1987, c. 68, s. 30.

114.2. The person in charge of access to documents of the municipality shall issue to any person applying therefor copies of or extracts from any book, roll, register or other document which forms part of the archives.

However, the person in charge of access to documents may, notwithstanding section 171 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), refuse for a reason provided for in sections 21 to 27 of that Act to give access to a document concerning a company of which the municipality is a shareholder and with which it has entered into an agreement relating to the exercise of any of its powers.

R. S. 1964, c. 193, s. 87; 1968, c. 55, s. 29; 1975, c. 66, s. 9; 1987, c. 68, s. 26; 1995, c. 34, s. 13.

114.3. Copies and extracts from documents of the municipality certified true by the person in charge of access to documents of the municipality are proof of their contents.

1987, c. 68, s. 31.

DIVISION V DISQUALIFICATION FOR MUNICIPAL OFFICE

1987, c. 57, s. 704.

115. (Repealed).

R. S. 1964, c. 193, s. 122; 1968, c. 55, s. 38; 1969, c. 55, s. 9; 1974, c. 47, s. 3; 1982, c. 63, s. 116; 1987, c. 57, s. 705.

116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:

(1)  The Minister of Municipal Affairs and Greater Montréal and the members of the Commission municipale du Québec and the Société d’habitation du Québec;

(2)  Members of the Privy Council;

(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;

(4)  Any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;

(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder of a municipal office, whichever it be, does not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues or, if such was the case, paid the instalments within the prescribed time, provided he pays all his dues or, if such is the case, any balance owing within thirty days of the expiry of the prescribed time;

(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.

Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;

(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;

(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable.

Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.

Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.

R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2.

117. (Repealed).

R. S. 1964, c. 193, s. 124; 1968, c. 55, s. 40; 1987, c. 57, s. 707.

118. (Repealed).

R. S. 1964, c. 193, s. 125; 1968, c. 55, s. 40; 1969, c. 55, s. 10; 1987, c. 57, s. 707.

119. (Repealed).

R. S. 1964, c. 193, s. 126; 1968, c. 55, s. 5; 1987, c. 57, s. 707.

DIVISION VI

Repealed, 1987, c. 57, s. 708.

1987, c. 57, s. 708.

120. (Repealed).

R. S. 1964, c. 193, s. 128; 1968, c. 55, s. 42; 1987, c. 57, s. 708.

121. (Repealed).

1968, c. 55, s. 42; 1974, c. 47, s. 4; 1987, c. 57, s. 708.

122. (Repealed).

R. S. 1964, c. 193, s. 129; 1968, c. 55, s. 42; 1969, c. 55, s. 11; 1974, c. 47, s. 5; 1982, c. 63, s. 118.

123. (Repealed).

R. S. 1964, c. 193, s. 131; 1968, c. 55, s. 44; 1987, c. 57, s. 708.

124. (Repealed).

R. S. 1964, c. 193, s. 132; 1968, c. 55, s. 44; 1982, c. 63, s. 119; 1987, c. 57, s. 708.

125. (Repealed).

R. S. 1964, c. 193, s. 135; 1968, c. 55, s. 47; 1987, c. 57, s. 708.

126. (Repealed).

R. S. 1964, c. 193, s. 136; 1968, c. 55, s. 47; 1987, c. 57, s. 708.

127. (Repealed).

R. S. 1964, c. 193, s. 137; 1968, c. 55, s. 47; 1982, c. 31, s. 138; 1987, c. 57, s. 708.

128. (Repealed).

R. S. 1964, c. 193, s. 138; 1968, c. 55, s. 47; 1987, c. 57, s. 708.

129. (Repealed).

R. S. 1964, c. 193, s. 139; 1968, c. 55, s. 47; 1969, c. 55, s. 12; 1987, c. 57, s. 708.

130. (Repealed).

R. S. 1964, c. 193, s. 140; 1968, c. 55, s. 47; 1987, c. 57, s. 708.

131. (Repealed).

R. S. 1964, c. 193, s. 141; 1968, c. 55, s. 48; 1987, c. 57, s. 708.

132. (Repealed).

R. S. 1964, c. 193, s. 147; 1968, c. 55, s. 50; 1987, c. 57, s. 708.

133. (Repealed).

R. S. 1964, c. 193, s. 148; 1968, c. 55, s. 50; 1987, c. 57, s. 708.

134. (Repealed).

R. S. 1964, c. 193, s. 150; 1968, c. 55, s. 52; 1969, c. 55, s. 13; 1987, c. 57, s. 708.

135. (Repealed).

R. S. 1964, c. 193, s. 151; 1968, c. 55, s. 52; 1982, c. 63, s. 120; 1987, c. 57, s. 708.

136. (Repealed).

R. S. 1964, c. 193, s. 152; 1987, c. 57, s. 708.

137. (Repealed).

R. S. 1964, c. 193, s. 153; 1968, c. 55, s. 53; 1982, c. 63, s. 121; 1987, c. 57, s. 708.

138. (Repealed).

R. S. 1964, c. 193, s. 154; 1968, c. 55, s. 54; 1987, c. 57, s. 708.

139. (Repealed).

R. S. 1964, c. 193, s. 155; 1968, c. 55, s. 55; 1987, c. 57, s. 708.

140. (Repealed).

R. S. 1964, c. 193, s. 156; 1968, c. 55, s. 56; 1987, c. 57, s. 708.

141. (Repealed).

R. S. 1964, c. 193, s. 157; 1987, c. 57, s. 708.

142. (Repealed).

R. S. 1964, c. 193, s. 158; 1968, c. 55, s. 57; 1987, c. 57, s. 708.

143. (Repealed).

R. S. 1964, c. 193, s. 159; 1987, c. 57, s. 708.

144. (Repealed).

1968, c. 55, s. 58; 1987, c. 57, s. 708.

145. (Repealed).

R. S. 1964, c. 193, s. 160; 1987, c. 57, s. 708.

146. (Repealed).

1968, c. 55, s. 59; 1969, c. 55, s. 14; 1987, c. 57, s. 708.

146.1. (Repealed).

1979, c. 36, s. 66; 1980, c. 16, s. 75.

147. (Repealed).

R. S. 1964, c. 193, s. 171; 1968, c. 55, s. 61; 1987, c. 57, s. 708.

148. (Repealed).

R. S. 1964, c. 193, s. 172; 1987, c. 57, s. 708.

148.1. (Repealed).

1980, c. 16, s. 74; 1982, c. 2, s. 31; 1987, c. 57, s. 708.

148.2. (Repealed).

1980, c. 16, s. 74; 1982, c. 2, s. 32; 1987, c. 57, s. 708.

148.3. (Repealed).

1980, c. 16, s. 74; 1982, c. 2, s. 33; 1982, c. 63, s. 122; 1987, c. 57, s. 708.

148.4. (Repealed).

1982, c. 63, s. 123; 1987, c. 57, s. 708.

148.5. (Repealed).

1982, c. 63, s. 123; 1987, c. 57, s. 708.

148.6. (Repealed).

1982, c. 63, s. 123; 1987, c. 57, s. 708.

148.7. (Repealed).

1982, c. 63, s. 123; 1987, c. 57, s. 708.

DIVISION VII

Repealed, 1987, c. 57, s. 708.

1987, c. 57, s. 708.

149. (Repealed).

R. S. 1964, c. 193, s. 173; 1968, c. 55, s. 62; 1987, c. 57, s. 708.

150. (Repealed).

R. S. 1964, c. 193, s. 174; 1968, c. 55, s. 62; 1969, c. 55, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 708.

150.1. (Repealed).

1979, c. 36, s. 67; 1987, c. 57, s. 708.

151. (Repealed).

R. S. 1964, c. 193, s. 175; 1968, c. 55, s. 63; 1987, c. 57, s. 708.

152. (Repealed).

R. S. 1964, c. 193, s. 176; 1987, c. 57, s. 708.

153. (Repealed).

R. S. 1964, c. 193, s. 177; 1987, c. 57, s. 708.

154. (Repealed).

R. S. 1964, c. 193, s. 178; 1987, c. 57, s. 708.

155. (Repealed).

1968, c. 55, s. 64; 1987, c. 57, s. 708.

156. (Repealed).

R. S. 1964, c. 193, s. 179; 1968, c. 55, s. 65; 1982, c. 31, s. 139; 1987, c. 57, s. 708.

157. (Repealed).

R. S. 1964, c. 193, s. 180; 1987, c. 57, s. 708.

158. (Repealed).

R. S. 1964, c. 193, s. 181; 1968, c. 55, s. 66; 1982, c. 63, s. 124; 1987, c. 57, s. 708.

159. (Repealed).

R. S. 1964, c. 193, s. 182; 1968, c. 55, s. 5; 1987, c. 57, s. 708.

160. (Repealed).

R. S. 1964, c. 193, s. 184; 1982, c. 31, s. 140; 1987, c. 57, s. 708.

161. (Repealed).

R. S. 1964, c. 193, s. 185; 1987, c. 57, s. 708.

162. (Repealed).

R. S. 1964, c. 193, s. 186; 1968, c. 55, s. 68; 1979, c. 36, s. 68; 1987, c. 57, s. 708.

163. (Repealed).

R. S. 1964, c. 193, s. 187; 1968, c. 55, s. 5; 1987, c. 57, s. 708.

164. (Repealed).

R. S. 1964, c. 193, s. 188; 1987, c. 57, s. 708.

165. (Repealed).

R. S. 1964, c. 193, s. 189; 1987, c. 57, s. 708.

166. (Repealed).

R. S. 1964, c. 193, s. 190; 1968, c. 55, s. 5, s. 69; 1987, c. 57, s. 708.

167. (Repealed).

R. S. 1964, c. 193, s. 191; 1968, c. 55, s. 70; 1987, c. 57, s. 708.

168. (Repealed).

R. S. 1964, c. 193, s. 192; 1968, c. 55, s. 71; 1987, c. 57, s. 708.

169. (Repealed).

R. S. 1964, c. 193, s. 193; 1968, c. 55, s. 72; 1987, c. 57, s. 708.

170. (Repealed).

R. S. 1964, c. 193, s. 195; 1968, c. 55, s. 74; 1982, c. 63, s. 125; 1987, c. 57, s. 708.

171. (Repealed).

R. S. 1964, c. 193, s. 196; 1968, c. 55, s. 75; 1979, c. 36, s. 69; 1987, c. 57, s. 708.

172. (Repealed).

R. S. 1964, c. 193, s. 197; 1968, c. 55, s. 75; 1987, c. 57, s. 708.

173. (Repealed).

R. S. 1964, c. 193, s. 199; 1968, c. 55, s. 77; 1987, c. 57, s. 708.

174. (Repealed).

R. S. 1964, c. 193, s. 200; 1987, c. 57, s. 708.

175. (Repealed).

R. S. 1964, c. 193, s. 201; 1987, c. 57, s. 708.

176. (Repealed).

R. S. 1964, c. 193, s. 202; 1987, c. 57, s. 708.

177. (Repealed).

R. S. 1964, c. 193, s. 203; 1987, c. 57, s. 708.

178. (Repealed).

R. S. 1964, c. 193, s. 204; 1987, c. 57, s. 708.

179. (Repealed).

R. S. 1964, c. 193, s. 205; 1987, c. 57, s. 708.

180. (Repealed).

R. S. 1964, c. 193, s. 206; 1982, c. 31, s. 141; 1987, c. 57, s. 708.

181. (Repealed).

R. S. 1964, c. 193, s. 207; 1987, c. 57, s. 708.

182. (Repealed).

R. S. 1964, c. 193, s. 208; 1987, c. 57, s. 708.

183. (Repealed).

R. S. 1964, c. 193, s. 209; 1968, c. 55, s. 79; 1987, c. 57, s. 708.

184. (Repealed).

R. S. 1964, c. 193, s. 210; 1987, c. 57, s. 708.

185. (Repealed).

R. S. 1964, c. 193, s. 211; 1987, c. 57, s. 708.

186. (Repealed).

R. S. 1964, c. 193, s. 212; 1987, c. 57, s. 708.

187. (Repealed).

R. S. 1964, c. 193, s. 213; 1987, c. 57, s. 708.

188. (Repealed).

R. S. 1964, c. 193, s. 214; 1987, c. 57, s. 708.

189. (Repealed).

R. S. 1964, c. 193, s. 215; 1987, c. 57, s. 708.

190. (Repealed).

R. S. 1964, c. 193, s. 216; 1987, c. 57, s. 708.

191. (Repealed).

R. S. 1964, c. 193, s. 217; 1987, c. 57, s. 708.

192. (Repealed).

R. S. 1964, c. 193, s. 218; 1968, c. 55, s. 80; 1987, c. 57, s. 708.

193. (Repealed).

R. S. 1964, c. 193, s. 219; 1987, c. 57, s. 708.

194. (Repealed).

R. S. 1964, c. 193, s. 220; 1987, c. 57, s. 708.

195. (Repealed).

R. S. 1964, c. 193, s. 221; 1987, c. 57, s. 708.

196. (Repealed).

R. S. 1964, c. 193, s. 222; 1968, c. 55, s. 81; 1987, c. 57, s. 708.

197. (Repealed).

R. S. 1964, c. 193, s. 224 (part); 1987, c. 57, s. 708.

198. (Repealed).

R. S. 1964, c. 193, s. 225; 1987, c. 57, s. 708.

199. (Repealed).

R. S. 1964, c. 193, s. 226; 1982, c. 31, s. 142; 1987, c. 57, s. 708.

200. (Repealed).

R. S. 1964, c. 193, s. 227; 1987, c. 57, s. 708.

201. (Repealed).

R. S. 1964, c. 193, s. 228; 1982, c. 31, s. 143; 1987, c. 57, s. 708.

201.1. (Repealed).

1982, c. 31, s. 143; 1987, c. 57, s. 708.

202. (Repealed).

R. S. 1964, c. 193, s. 229; 1987, c. 57, s. 708.

203. (Repealed).

R. S. 1964, c. 193, s. 230; 1987, c. 57, s. 708.

204. (Repealed).

R. S. 1964, c. 193, s. 231; 1968, c. 55, s. 82; 1982, c. 31, s. 144; 1987, c. 57, s. 708.

204.1. (Repealed).

1982, c. 31, s. 144; 1987, c. 57, s. 708.

205. (Repealed).

R. S. 1964, c. 193, s. 232; 1987, c. 57, s. 708.

206. (Repealed).

R. S. 1964, c. 193, s. 233; 1987, c. 57, s. 708.

207. (Repealed).

R. S. 1964, c. 193, s. 235 (part); 1987, c. 57, s. 708.

208. (Repealed).

R. S. 1964, c. 193, s. 236; 1987, c. 57, s. 708.

209. (Repealed).

R. S. 1964, c. 193, s. 237; 1987, c. 57, s. 708.

210. (Repealed).

R. S. 1964, c. 193, s. 238; 1979, c. 36, s. 70; 1987, c. 57, s. 708.

211. (Repealed).

R. S. 1964, c. 193, s. 239; 1987, c. 57, s. 708.

212. (Repealed).

R. S. 1964, c. 193, s. 240; 1982, c. 31, s. 145; 1987, c. 57, s. 708.

213. (Repealed).

R. S. 1964, c. 193, s. 241; 1987, c. 57, s. 708.

214. (Repealed).

R. S. 1964, c. 193, s. 242; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

215. (Repealed).

R. S. 1964, c. 193, s. 243; 1987, c. 57, s. 708.

216. (Repealed).

R. S. 1964, c. 193, s. 244; 1975, c. 83, s. 84; 1979, c. 36, s. 71; 1987, c. 57, s. 708.

217. (Repealed).

R. S. 1964, c. 193, s. 246; 1968, c. 55, s. 85; 1987, c. 57, s. 708.

218. (Repealed).

R. S. 1964, c. 193, s. 247; 1968, c. 55, s. 86; 1987, c. 57, s. 708.

219. (Repealed).

R. S. 1964, c. 193, s. 248; 1987, c. 57, s. 708.

220. (Repealed).

R. S. 1964, c. 193, s. 249; 1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.1. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.2. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.3. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.4. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.5. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.6. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.7. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.8. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.9. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.10. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.11. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.12. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

221. (Repealed).

R. S. 1964, c. 193, s. 250; 1968, c. 55, s. 87; 1987, c. 57, s. 708.

222. (Repealed).

R. S. 1964, c. 193, s. 251 (part); 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

223. (Repealed).

R. S. 1964, c. 193, s. 252; 1968, c. 55, s. 88; 1969, c. 55, s. 16; 1987, c. 57, s. 708.

224. (Repealed).

R. S. 1964, c. 193, s. 253; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

225. (Repealed).

R. S. 1964, c. 193, s. 254; 1987, c. 57, s. 708.

226. (Repealed).

R. S. 1964, c. 193, s. 255; 1987, c. 57, s. 708.

227. (Repealed).

R. S. 1964, c. 193, s. 256; 1987, c. 57, s. 708.

228. (Repealed).

R. S. 1964, c. 193, s. 257; 1968, c. 55, s. 89; 1987, c. 57, s. 708.

229. (Repealed).

R. S. 1964, c. 193, s. 258; 1987, c. 57, s. 708.

230. (Repealed).

R. S. 1964, c. 193, s. 259; 1987, c. 57, s. 708.

231. (Repealed).

R. S. 1964, c. 193, s. 260; 1987, c. 57, s. 708.

232. (Repealed).

R. S. 1964, c. 193, s. 261; 1987, c. 57, s. 708.

233. (Repealed).

R. S. 1964, c. 193, s. 262; 1987, c. 57, s. 708.

234. (Repealed).

R. S. 1964, c. 193, s. 263; 1987, c. 57, s. 708.

235. (Repealed).

R. S. 1964, c. 193, s. 264; 1968, c. 55, s. 90; 1987, c. 57, s. 708.

236. (Repealed).

R. S. 1964, c. 193, s. 265; 1987, c. 57, s. 708.

237. (Repealed).

R. S. 1964, c. 193, s. 266; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

238. (Repealed).

R. S. 1964, c. 193, s. 267; 1987, c. 57, s. 708.

239. (Repealed).

R. S. 1964, c. 193, s. 268; 1968, c. 55, s. 91; 1987, c. 57, s. 708.

240. (Repealed).

R. S. 1964, c. 193, s. 269; 1987, c. 57, s. 708.

241. (Repealed).

R. S. 1964, c. 193, s. 270; 1982, c. 31, s. 147.

242. (Repealed).

R. S. 1964, c. 193, s. 271; 1987, c. 57, s. 708.

243. (Repealed).

R. S. 1964, c. 193, s. 272; 1987, c. 57, s. 708.

244. (Repealed).

R. S. 1964, c. 193, s. 273; 1987, c. 57, s. 708.

245. (Repealed).

R. S. 1964, c. 193, s. 274; 1987, c. 57, s. 708.

246. (Repealed).

R. S. 1964, c. 193, s. 275; 1987, c. 57, s. 708.

247. (Repealed).

R. S. 1964, c. 193, s. 276; 1987, c. 57, s. 708.

248. (Repealed).

R. S. 1964, c. 193, s. 277; 1987, c. 57, s. 708.

249. (Repealed).

R. S. 1964, c. 193, s. 278; 1987, c. 57, s. 708.

250. (Repealed).

R. S. 1964, c. 193, s. 279; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

251. (Repealed).

R. S. 1964, c. 193, s. 280; 1987, c. 57, s. 708.

252. (Repealed).

R. S. 1964, c. 193, s. 281; 1987, c. 57, s. 708.

253. (Repealed).

R. S. 1964, c. 193, s. 282; 1987, c. 57, s. 708.

254. (Repealed).

R. S. 1964, c. 193, s. 283; 1984, c. 47, s. 213; 1987, c. 57, s. 708.

255. (Repealed).

R. S. 1964, c. 193, s. 284; 1987, c. 57, s. 708.

256. (Repealed).

R. S. 1964, c. 193, s. 285; 1984, c. 47, s. 213; 1987, c. 57, s. 708.

257. (Repealed).

R. S. 1964, c. 193, s. 286; 1987, c. 57, s. 708.

258. (Repealed).

R. S. 1964, c. 193, s. 287; 1987, c. 57, s. 708.

259. (Repealed).

R. S. 1964, c. 193, s. 288; 1987, c. 57, s. 708.

260. (Repealed).

R. S. 1964, c. 193, s. 289; 1979, c. 36, s. 72.

261. (Repealed).

R. S. 1964, c. 193, s. 290; 1979, c. 36, s. 72.

262. (Repealed).

R. S. 1964, c. 193, s. 291; 1979, c. 36, s. 72.

263. (Repealed).

R. S. 1964, c. 193, s. 292; 1979, c. 36, s. 72.

264. (Repealed).

R. S. 1964, c. 193, s. 293; 1979, c. 36, s. 72.

265. (Repealed).

R. S. 1964, c. 193, s. 294; 1968, c. 55, s. 5; 1987, c. 57, s. 708.

266. (Repealed).

R. S. 1964, c. 193, s. 295; 1987, c. 57, s. 708.

267. (Repealed).

R. S. 1964, c. 193, s. 296; 1968, c. 55, s. 92; 1987, c. 57, s. 708.

268. (Repealed).

R. S. 1964, c. 193, s. 297; 1987, c. 57, s. 708.

269. (Repealed).

R. S. 1964, c. 193, s. 298; 1987, c. 57, s. 708.

270. (Repealed).

R. S. 1964, c. 193, s. 299; 1987, c. 57, s. 708.

271. (Repealed).

R. S. 1964, c. 193, s. 300; 1987, c. 57, s. 708.

272. (Repealed).

R. S. 1964, c. 193, s. 301; 1987, c. 57, s. 708.

273. (Repealed).

R. S. 1964, c. 193, s. 302; 1987, c. 57, s. 708.

274. (Repealed).

R. S. 1964, c. 193, s. 303; 1987, c. 57, s. 708.

275. (Repealed).

R. S. 1964, c. 193, s. 304; 1987, c. 57, s. 708.

276. (Repealed).

R. S. 1964, c. 193, s. 305; 1987, c. 57, s. 708.

277. (Repealed).

R. S. 1964, c. 193, s. 306; 1987, c. 57, s. 708.

278. (Repealed).

R. S. 1964, c. 193, s. 307; 1987, c. 57, s. 708.

279. (Repealed).

R. S. 1964, c. 193, s. 308; 1987, c. 57, s. 708.

280. (Repealed).

R. S. 1964, c. 193, s. 309; 1987, c. 57, s. 708.

281. (Repealed).

R. S. 1964, c. 193, s. 310; 1987, c. 57, s. 708.

282. (Repealed).

R. S. 1964, c. 193, s. 311; 1987, c. 57, s. 708.

283. (Repealed).

R. S. 1964, c. 193, s. 312; 1987, c. 57, s. 708.

284. (Repealed).

R. S. 1964, c. 193, s. 313; 1987, c. 57, s. 708.

285. (Repealed).

R. S. 1964, c. 193, s. 314; 1987, c. 57, s. 708.

286. (Repealed).

R. S. 1964, c. 193, s. 315; 1987, c. 57, s. 708.

287. (Repealed).

R. S. 1964, c. 193, s. 316; 1987, c. 57, s. 708.

288. (Repealed).

R. S. 1964, c. 193, s. 317; 1987, c. 57, s. 708.

289. (Repealed).

R. S. 1964, c. 193, s. 318; 1987, c. 57, s. 708.

290. (Repealed).

R. S. 1964, c. 193, s. 319; 1987, c. 57, s. 708.

291. (Repealed).

R. S. 1964, c. 193, s. 320; 1987, c. 57, s. 708.

292. (Repealed).

R. S. 1964, c. 193, s. 321; 1987, c. 57, s. 708.

293. (Repealed).

R. S. 1964, c. 193, s. 322; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

294. (Repealed).

R. S. 1964, c. 193, s. 323; 1987, c. 57, s. 708.

295. (Repealed).

R. S. 1964, c. 193, s. 324; 1987, c. 57, s. 708.

296. (Repealed).

R. S. 1964, c. 193, s. 325; 1987, c. 57, s. 708.

297. (Repealed).

R. S. 1964, c. 193, s. 326; 1987, c. 57, s. 708.

298. (Repealed).

R. S. 1964, c. 193, s. 327; 1987, c. 57, s. 708.

299. (Repealed).

R. S. 1964, c. 193, s. 328; 1987, c. 57, s. 708.

300. (Repealed).

R. S. 1964, c. 193, s. 329; 1987, c. 57, s. 708.

301. (Repealed).

R. S. 1964, c. 193, s. 330; 1987, c. 57, s. 708.

302. (Repealed).

R. S. 1964, c. 193, s. 331; 1987, c. 57, s. 708.

303. (Repealed).

R. S. 1964, c. 193, s. 332; 1968, c. 55, s. 93; 1980, c. 16, s. 76; 1987, c. 57, s. 708.

304. (Repealed).

R. S. 1964, c. 193, s. 333; 1987, c. 57, s. 708.

305. (Repealed).

R. S. 1964, c. 193, s. 334; 1987, c. 57, s. 708.

306. (Repealed).

R. S. 1964, c. 193, s. 335; 1987, c. 57, s. 708.

DIVISION VIII

Repealed, 1987, c. 57, s. 708.

1987, c. 57, s. 708.

307. (Repealed).

R. S. 1964, c. 193, s. 336; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 5; 1987, c. 57, s. 708.

308. (Repealed).

R. S. 1964, c. 193, s. 337; 1968, c. 54, s. 1; 1968, c. 55, s. 5; 1969, c. 56, s. 2; 1987, c. 57, s. 708.

309. (Repealed).

R. S. 1964, c. 193, s. 338; 1965 (1st sess.), c. 80, a. 1; 1968, c. 55, s. 94; 1977, c. 5, s. 14; 1987, c. 57, s. 708.

310. (Repealed).

R. S. 1964, c. 193, s. 339; 1968, c. 55, s. 95; 1974, c. 11, s. 2; 1987, c. 57, s. 708.

311. (Repealed).

R. S. 1964, c. 193, s. 340; 1974, c. 11, s. 2; 1987, c. 57, s. 708.

312. (Repealed).

R. S. 1964, c. 193, s. 341; 1974, c. 11, s. 2; 1987, c. 57, s. 708.

313. (Repealed).

R. S. 1964, c. 193, s. 342; 1987, c. 57, s. 708.

314. (Repealed).

R. S. 1964, c. 193, s. 343; 1982, c. 63, s. 126; 1987, c. 57, s. 708.

315. (Repealed).

1969, c. 56, s. 3; 1987, c. 57, s. 708.

316. (Repealed).

1969, c. 56, s. 3; 1987, c. 57, s. 708.

317. (Repealed).

R. S. 1964, c. 193, s. 344; 1987, c. 57, s. 708.

DIVISION IX SITTINGS OF THE COUNCIL

318. The council shall sit at the place designated in the charter for the first sitting, or, if the charter does not designate it, at the place designated by the Minister of Municipal Affairs and Greater Montréal, until another place in the territory of the municipality is fixed by resolution of the council, and the council may, in like manner, change the same whenever it thinks fit.

R. S. 1964, c. 193, s. 345; 1996, c. 2, s. 210; 1999, c. 43, s. 13.

318.1. The Québec flag must be flown on or in front of the municipal building where the meetings of the council are held, to the right if two flags are flown or in the middle in other cases.

1979, c. 36, s. 73.

319. The council shall meet at least once a month, in general or ordinary session, to despatch the business of the municipality, and shall hold its sittings on the days and at the hours which it determines by by-law.

R. S. 1964, c. 193, s. 346.

320. If the day fixed for an ordinary sitting fall upon a holiday, such sitting shall be held on the next following juridical day.

R. S. 1964, c. 193, s. 347.

321. The majority of the members of the council shall constitute a quorum for the transaction of business, except as otherwise specially provided by this Act. The mayor shall be deemed to be a member of the council for the purposes of a quorum.

R. S. 1964, c. 193, s. 348; 1999, c. 40, s. 51.

322. The sittings of the council shall be public.

A sitting of the council includes a period during which the persons attending may put oral questions to the members of the council.

The council may, by by-law, prescribe the length of the period, the time at which it is held and the procedure to be followed in putting a question.

In the case of a municipality whose council is made up of more than 20 councillors, the council may, however, order by by-law that the period of oral questions by the persons attending be replaced by the procedure described in the following paragraphs.

Every question must be filed in writing with the clerk of the municipality. The latter shall, upon receiving it, enter the question in a register which forms part of the records and which may, furthermore, be examined during the sittings of the council.

The Mayor or the chairman of the executive committee shall answer the question at a sitting of the council, either orally or by filing with the council a reply in writing which is entered in the record.

The by-law of the council mentioned in the fourth paragraph may limit the number of questions that the same person may file with the clerk.

R. S. 1964, c. 193, s. 349; 1968, c. 55, s. 96; 1980, c. 16, s. 77; 1982, c. 18, s. 145; 1996, c. 2, s. 138; 2000, c. 56, s. 225.

323. The mayor may call a special sitting of the council whenever he deems proper, by an oral or written intimation to the clerk of the municipality. The clerk shall issue a notice of convocation summarily specifying the business to be transacted at such sitting and shall cause such notice to be served upon every member of the council not later than 24 hours before the time fixed for the commencement of the sitting, in accordance with section 338.

The posting of a notice by registered or certified mail at least two clear days before the sitting is equivalent to service of the notice of convocation.

R. S. 1964, c. 193, s. 350; 1968, c. 55, s. 96; 1969, c. 55, s. 17; 1975, c. 83, s. 84; 1999, c. 40, s. 51.

324. In case the mayor refuses to call a special sitting when deemed necessary by at least three members of the council, such members may, by a requisition to the clerk of the municipality, duly signed by them, order the sitting to be called. Upon receipt of such requisition the clerk of the municipality shall issue a notice to the members in the manner mentioned in section 323, provided such requisition specifies the business for which the sitting is called.

For the purposes of the first paragraph, the requisition in relation to the calling of a special sitting of a borough council which is composed of three members may be presented by two members of that council.

R. S. 1964, c. 193, s. 351; 2001, c. 68, s. 9.

325. At such special sittings, no business but that specified in the notice shall be considered or disposed of, save if all the members of the council are then present and consent thereto.

Any member of the council present at a special sitting may in writing waive notice of such sitting.

R. S. 1964, c. 193, s. 352; 1968, c. 55, s. 97.

326. If at any special or general sitting, the business cannot be fully disposed of, the council may adjourn as often as may be deemed necessary for the consideration and disposal of the unfinished business, without its being necessary to give notice of such adjournment to the members present or absent; but no new business shall be brought or considered upon any adjournment of a special sitting, unless all the members of the council are present and consent.

R. S. 1964, c. 193, s. 353.

327. If there be no quorum, two members of the council, thirty minutes after it being established that there is no quorum, may adjourn a meeting to a later date.

Where a sitting of a borough council has a quorum of two members, the sitting shall be adjourned as soon as it is established that there is no quorum.

Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.

The hour of the adjournment, the names of the members of the council who were present, and the day and hour to which such meeting was adjourned, shall be entered in the minute-book of the council.

R. S. 1964, c. 193, s. 354; 2001, c. 68, s. 10.

328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.

The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must vote, unless he is prevented therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E-2.2). When a vote results in a tie, the decision shall be deemed to be in the negative.

R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709.

329. The majority of the members present at the sittings of the council shall decide the questions and matters submitted thereto, except where a larger number of concurrent votes may be required by the rules of the council or by law.

R. S. 1964, c. 193, s. 356; 1968, c. 55, s. 99.

330. (Repealed).

R. S. 1964, c. 193, s. 357; 1987, c. 57, s. 710.

331. The council may make and enforce rules and regulations for its internal government and for the maintenance of order during its sittings.

R. S. 1964, c. 193, s. 358.

332. The mayor or any person presiding in his place shall maintain order and decorum during the sittings of the council. He may order that any person disturbing a sitting of the council be removed from the place where the sitting is held.

R. S. 1964, c. 193, s. 359; 1968, c. 55, s. 100; 1986, c. 95, s. 47.

333. The minutes of the sittings of council shall be drawn up and entered in a book to be kept for that purpose by the clerk of the municipality, and after being confirmed at the following sitting, shall be signed by the said clerk and by the mayor or the member who presides over such sitting, and they shall be open to the inspection of any person who wishes to examine them.

The clerk must read the minutes unless a copy thereof has been delivered to each member of the council not later than the day before the sitting at which they are to be approved.

R. S. 1964, c. 193, s. 360; 1968, c. 55, s. 101; 1987, c. 68, s. 32.

DIVISION X MUNICIPAL NOTICES

334. Except when otherwise provided, every notice given under the provisions of this Act or by order of the council, for municipal purposes, shall be drawn up, and published and served, in accordance with the formalities prescribed in the following sections.

R. S. 1964, c. 193, s. 361.

335. Every notice shall be either special or public, and shall be in writing.

Public notices shall be published; special notices shall be served.

Public notices must be drawn up in French and in English.

R. S. 1964, c. 193, s. 362.

336. Every copy of a notice which must be served, published or posted up, shall be attested either by the person who gives such notice, by the clerk of the council or by the person in charge of access to documents of the municipality.

R. S. 1964, c. 193, s. 363; 1987, c. 68, s. 33.

337. The original of every notice shall be accompanied by a certificate of publication or of service, made by the person publishing or serving the same.

The original of such notice and the certificate which accompanies it, shall be filed in the office of the council, by the person who has given the notice, to form part of the municipal archives.

R. S. 1964, c. 193, s. 364.

338. Except in cases where this act permits a different mode of service, the service of a special notice shall be made by leaving a copy of the notice with the person to whom it is addressed, in person, or with a reasonable person at his domicile or his business establishment, even when occupied by him in partnership with some other person.

The service shall be made by the person who gives the notice or by the clerk of the municipality or by any peace officer.

R. S. 1964, c. 193, s. 365; 1968, c. 55, s. 102; 1969, c. 55, s. 18; 1999, c. 40, s. 51.

339. Every property-owner or taxpayer, domiciled outside the territory of a municipality, may, by a special notice filed in the office of the council, appoint an agent to represent him for purposes connected with the service of municipal notices.

R. S. 1964, c. 193, s. 366; 1996, c. 2, s. 140.

340. The special notice addressed to an absent property-owner or taxpayer who has appointed an agent residing in the territory of the municipality, must be served on such agent, in the same manner as on a resident owner.

If no agent resident in the territory of the municipality has been appointed, the notice shall be served by lodging, in the post-office of the locality, a copy thereof in a sealed and registered or certified envelope addressed to the absent property-owner or taxpayer.

R. S. 1964, c. 193, s. 367; 1975, c. 83, s. 84; 1996, c. 2, s. 210.

341. Unless such property-owner has made known his address in writing by filing the same in the office of the council, no one need give a special notice to any absent property-owner who has not appointed an agent.

R. S. 1964, c. 193, s. 368.

342. No special notice may be served, except upon juridical days between seven hours and nineteen hours, except in the case of a notice calling a special sitting.

R. S. 1964, c. 193, s. 369; 1968, c. 55, s. 103.

343. If the doors of the domicile or business establishment where service of a special notice should be made are closed, or if there is no reasonable person therein, service shall be effected by fixing a copy of the notice on one of the doors of the domicile or business establishment.

R. S. 1964, c. 193, s. 370; 1999, c. 40, s. 51.

344. The intermediate time after special notice shall run from the day on which such notice was served, exclusive of such day.

R. S. 1964, c. 193, s. 371; 1999, c. 40, s. 51.

345. The publication of a public notice for municipal purposes shall be made by posting it in the office of the municipality and by inserting it once in an English newspaper or in a French newspaper circulating in the territory of the municipality.

R. S. 1964, c. 193, s. 372; 1968, c. 55, s. 104; 1996, c. 2, s. 210.

346. Except in cases otherwise provided for, the time which is to elapse after a public notice shall begin to run from the day on which such notice is published. If the notice be published in a newspaper, such time shall run from the day of the first insertion of such notice in the newspaper. If it be published in several newspapers upon different days, such time shall run from the day of the first insertion made in the newspaper which last published such notice.

In all cases the day on which the notice was published shall not count.

Saving provision to the contrary, public notices shall be published at least seven clear days before the day fixed for the proceeding concerned.

R. S. 1964, c. 193, s. 375; 1999, c. 40, s. 51.

346.1. Every notice or document, other than a notice referred to in section 422 or 514 or an advertisement referred to in section 573, which a municipality must publish for municipal purposes under this Act or any other Act in a newspaper circulated in its territory, may be published in a municipal information bulletin rather than in a newspaper.

The municipal information bulletin shall

(1)  be mailed or otherwise distributed free of charge to each address in the territory of the municipality, and be received not later than on the publication date indicated therein;

(2)  be transmitted, on request and on payment of subscription fees, where applicable, to every person domiciled or not in the territory of the municipality;

(3)  be published at least eight times a year or at the intervals established by by-law of the municipality.

1995, c. 34, s. 14; 1996, c. 77, s. 13.

347. Public notices shall be applicable to and binding upon property-owners and taxpayers domiciled outside the territory of the municipality, in the same manner as those who are domiciled therein.

R. S. 1964, c. 193, s. 376; 1996, c. 2, s. 141.

348. Whosoever has acquiesced in the requirements of a notice, or who has, in any manner, become sufficiently acquainted with its tenor or object, cannot thereafter avail himself of the insufficiency or informality of such notice, or of the omission of its publication or service.

R. S. 1964, c. 193, s. 377.

DIVISION X.1 PROCEEDINGS AND ORDERS IN MATTERS OF ACTIVITIES OR USES

1997, c. 51, s. 2.

348.1. The council may, for a period not exceeding 90 days, prohibit access to any immovable or part of an immovable accessible to the public in which an activity or use is carried on without the permit, certificate or other authorization required by the municipality where the activity or use may endanger the life or health of persons or cause serious or irreparable damage to property.

The decision of the council must contain reasons and be accompanied by a copy of any report, statement of offence or other document on which the decision is based. It shall be notified to the delinquent and to the owner or operator of the immovable. The decision shall take effect on the date on which the owner or operator is notified of the decision.

The council shall lift the prohibition of access to the premises before the expiry of the period fixed where the required permit, certificate or authorization is granted by the municipality or where, in its opinion, a change in activity or use causes the permit, certificate or authorization to be no longer required. The council shall notify all interested persons of the decision.

1997, c. 51, s. 2.

348.2. Where the delinquent or the owner or operator of the immovable is, in his opinion, aggrieved by a decision of the council made under section 348.1, he may, within 10 days of notification thereof, contest the decision before the Court of Québec.

The proceeding is brought by the filing of a motion and is governed by articles 762 to 773 of the Code of Civil Procedure (chapter C-25).

The motion shall be heard and decided by preference. It shall not suspend the contested decision, unless a judge orders otherwise.

The court may confirm, vary or quash the decision of the council.

1997, c. 51, s. 2.

348.3. The council may apply to the Court of Québec, in accordance with the rules contained in articles 762 to 773 of the Code of Civil Procedure (chapter C-25), for the cancellation of the permit or certificate or any other authorization granted by the municipality for an activity or use in an immovable or part of an immovable accessible to the public

(1)  where the activity or use may endager the life or health of persons or cause serious or irreparable damage to property;

(2)  where the activity or use disturbs public tranquility.

The motion shall be heard and decided by preference.

Such a proceeding, however, may not be brought in cases where an application may be made by the municipality to the Régie des alcools, des courses et des jeux under section 85 of the Act respecting liquor permits (chapter P-9.1).

1997, c. 51, s. 2.

348.4. In the case of a proceeding brought under subparagraph 1 of the first paragraph of section 348.3, the council may order that the holder suspend the activity or use concerned and prohibit access to the immovable or the part of an immovable in which the activity or use is carried on until the court makes a determination in respect of the application for cancellation or until it orders otherwise.

The decision of the council must give reasons and be accompanied by a copy of the report, of the statement of offence or of any other document on which the decision must be based. The decision must be filed in the court record.

The decision shall take effect on the date on which the holder is notified of the decision.

1997, c. 51, s. 2.

348.5. Where public tranquility is at issue under subparagraph 2 of the first paragraph of section 384.3, the court may, among other factors, take into account:

(1)  any gathering or assembly that results or may result from the activity or use, that may cause excessive noise or otherwise disturb the peace in the neighbourhood;

(2)  the failure by the holder to take appropriate measures to prevent, in the premises concerned,

(a)  the unlawful possession, consumption, sale, exchange or giving, in any manner, of a drug, narcotic or any other substance that may be held to be a drug or narcotic;

(b)  the unlawful possession of a firearm or any other offensive weapon;

(c)  acts of violence, including theft or mischief, that may disturb the peace of occupants or customers or of residents of the neighbourhood.

1997, c. 51, s. 2.

348.6. Where the court cancels a permit, certificate or authorization, it may, on application by the council, order that no permit, certificate or other authorization be granted by the municipality, for the premises to which the decision to cancel applies, or prohibit access to such premises, for a period not exceeding 12 months or until, in the opinion of the council, a change of activity or use justifies the granting of a permit, certificate or authorization or the lifting of the prohibition before the end of the period.

1997, c. 51, s. 2.

348.7. The municipality shall post any decision, made by the council or the court under this division, on the premises to which the decision or judgment applies, along with a notice indicating the penalty to which any offender is liable.

1997, c. 51, s. 2.

348.8. Every person who continues an activity or use even though the required permit, certificate or authorization has been cancelled by the court or despite an order of suspension or a prohibition of access issued under section 348.4 is liable to a fine of $600 to $2,000.

Every person who is present in an immovable or part of an immovable to which a prohibition of access applies without a legitimate excuse or an authorization from the council or the court, as the case may be, is liable to a fine of $300 to $1,000.

In the case of a subsequent offence, the fines are doubled.

1997, c. 51, s. 2.

348.9. (Repealed).

1997, c. 51, s. 2; 2000, c. 56, s. 109.

DIVISION XI POWERS OF THE COUNCIL

§ 1 . — General Provisions

349. (Repealed).

R. S. 1964, c. 193, s. 378; 1996, c. 2, s. 142.

350. By-laws, resolutions and other municipal orders must be passed by the council in session.

R. S. 1964, c. 193, s. 379.

351. (Repealed).

R. S. 1964, c. 193, s. 380; 1968, c. 55, s. 106; 1969, c. 55, s. 19; 1974, c. 47, s. 6; 1987, c. 57, s. 711.

352. Any procès-verbal, roll, resolution or other order of the council may be set aside, by reason of illegality, in the same manner, within the same time and with the same effect as a by-law of the council, in accordance with sections 397 to 408. They shall be subject to the provisions of section 364.

The special recourse granted by this section shall not exclude or affect the action to annul in cases where same may be brought under the provisions of article 33 of the Code of Civil Procedure (chapter C‐25).

This section applies subject to the Act respecting municipal taxation (chapter F‐2.1).

R. S. 1964, c. 193, s. 381; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1979, c. 72, s. 305; 1988, c. 21, s. 66; 1996, c. 2, s. 143; 1999, c. 40, s. 51.

353. Except where otherwise provided, documents, orders or proceedings of a council, the publication of which is required by law or by the council, shall be published in the manner and at the place prescribed for public notices.

R. S. 1964, c. 193, s. 382.

353.1. The council may make by-laws:

(1)  to establish a mail subscription service to the notices, minutes, by-laws and any other kind of documents of the council, and fix the rates of subscription;

(2)  to provide for the publishing of information documents on the municipal administration and related events.

1979, c. 36, s. 74.

354. Every document produced and filed in the office of the council or with any of the officers or employees of the municipality, shall be returned, upon receipt thereof being duly acknowledged, to the person who produced the same, whenever he requires it; provided always that the question in relation to which the same was produced has been decided.

R. S. 1964, c. 193, s. 383; 1968, c. 55, s. 5.

355. Every service which should be made at the office of the council, may also be made with the same effect outside of such office, upon the clerk personally.

R. S. 1964, c. 193, s. 384.

§ 2 . — By-Laws of the Council

I.  — Passing, coming into force and promulgation of by-laws

356. Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at a subsequent sitting held on a later day.

It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the order members not later than two judicial days before the sitting at which it is to be approve and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the clerk or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its costs and, where that applies, the mode of financing and payment and repayment.

The person in charge of access to documents of the municipality must issue a copy of the by-law to every person requesting it within the two juridical days preceding such sitting.

He must also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.

R. S. 1964, c. 193, s. 385; 1968, c. 55, s. 107; 1979, c. 36, s. 75; 1979, c. 51, s. 260; 1987, c. 68, s. 34.

357. The original of a by-law, to be authentic, shall be signed by the officer presiding over the council at the time of the passing of such by-law, and by the clerk.

In no case where this Act or any general law or special Act provides that a by-law must receive an approval may the by-law be published or come into force until it has received that approval.

In such a case, a certificate signed by the mayor and the clerk, attesting the date of each of the required approvals, must accompany and forms part of the original of such by-law.

R. S. 1964, c. 193, s. 386; 1968, c. 55, s. 108; 1982, c. 63, s. 127; 1996, c. 2, s. 144; 2000, c. 56, s. 110.

358. The approval of a by-law or other proceeding of the council by the Government or the minister, body or person whose approval is required has no other effect than that of rendering such by-law or proceeding executory, according to law, from its coming into force. That may be done with the same effect in the form of an authorization.

Such approval may be of a part only, or qualified.

R. S. 1964, c. 193, s. 387; 1977, c. 5, s. 14; 1982, c. 63, s. 128.

359. (1)  The original of every by-law shall be registered at length in a special book constituting the book of the by-laws of the municipality; and such entry shall be signed by the mayor and countersigned by the clerk.

The clerk shall, further, enter in such book, at the end of every by-law registered therein, a certified true copy of the notice of publication of such by-law.

(2)  The clerk shall be the custodian of the municipal by-laws.

R. S. 1964, c. 193, s. 388; 1987, c. 68, s. 35; 1996, c. 2, s. 145.

360. Several subject-matters may be provided for in one and the same by-law.

In the case of several subject-matters provided for in one and the same by-law requiring certain approvals before coming into force, it shall not be necessary that each of these subject-matters receive such approvals separately and it shall be sufficient that they be given to the by-law as a whole.

R. S. 1964, c. 193, s. 389.

361. Except where otherwise provided by law, every by-law of the council shall come into effect and have the force of law, if not otherwise provided for therein, on the day of the publication thereof.

R. S. 1964, c. 193, s. 390.

362. Every by-law is published, after the passing thereof or its final approval in the case where it has been submitted to one or several of the approvals mentioned in the second paragraph of section 357, by a public notice, under the signature of the clerk, published in the ordinary manner, mentioning the object of the by-law, the date of the passing thereof, and the place where communication thereof may be had.

If the by-law has received one or several of the approvals mentioned in the second paragraph of section 357, the notice of publication must mention the date and the fact of each of these approvals.

R. S. 1964, c. 193, s. 391.

363. The council may, moreover, publish its by-laws in one or more newspapers.

R. S. 1964, c. 193, s. 392.

364. Every by-law is executory and remains in force until replaced, repealed or annulled by competent authority, or until the expiration of the period for which it has been made.

R. S. 1964, c. 193, s. 393; 1982, c. 63, s. 129.

365. No by-law which, before coming into force and effect was submitted to one or several of the approvals mentioned in the second paragraph of section 357, may be amended or repealed except by another by-law approved in the same manner.

However, a council having passed a by-law requiring the approval of the Government, the Minister of Municipal Affairs and Greater Montréal or the Commission municipale du Québec may, by resolution, amend the by-law before it is so approved, without its being necessary to obtain any other approval, provided that the amendments do not result in increasing the charges upon the ratepayers or in changing the object of the by-law. The Government, the Minister or the Commission may then approve the by-law so amended.

R. S. 1964, c. 193, s. 394; 1968, c. 55, s. 109; 1977, c. 5, s. 14; 1982, c. 63, s. 130; 1999, c. 43, s. 13.

366. A by-law may be repealed or amended only by another by-law.

R. S. 1964, c. 193, s. 395.

367. Every by-law passed by the council shall, when published, be deemed public law in the territory of the municipality and outside of the same insofar as within the jurisdiction of the council, and it shall not be necessary to allege it specially.

R. S. 1964, c. 193, s. 396; 1996, c. 2, s. 210.

368. A copy of any by-law, duly enacted, shall be received as evidence, provided that the same be signed and certified by the clerk or by the person in charge of access to documents of the municipality, and be sealed with the seal of the municipality, without any proof being necessary of the validity of the seal, or the signature of the said clerk or person in charge saving the right of any party attacking the by-law to proceed against the same by improbation.

R. S. 1964, c. 193, s. 397; 1987, c. 68, s. 36; 1999, c. 40, s. 51.

II.  — Penalties enacted by by-law

369. Except where the applicable penalty is provided for by law, the council may, by by-law,

(1)  prescribe that an offence under any regulatory provision coming under its jurisdiction shall be sanctioned by a fine;

(2)  prescribe either a fine of a fixed amount, or the minimum and maximum fines or a minimum fine of $1 and a maximum fine.

The fixed amount or maximum amount prescribed cannot exceed, for a first offence, $1,000 if the offender is a natural person, or $2,000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed cannot exceed $2,000 if the offender is a natural person, or $4,000 if the offender is a legal person.

R. S. 1964, c. 193, s. 398; 1975, c. 66, s. 12; 1990, c. 4, s. 174; 1992, c. 27, s. 3.

III.  — 

Repealed, 1987, c. 57, s. 712.

1987, c. 57, s. 712.

370. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

371. (Repealed).

1975, c. 66, s. 13; 1977, c. 52, s. 12; 1980, c. 16, s. 78; 1987, c. 57, s. 712.

372. (Repealed).

1975, c. 66, s. 13; 1979, c. 36, s. 76; 1987, c. 57, s. 712.

373. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

374. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

375. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

376. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

377. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

378. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

379. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

380. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

381. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

382. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

383. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

384. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

IV.  — 

Repealed, 1987, c. 57, s. 712.

1987, c. 57, s. 712.

385. (Repealed).

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

386. (Repealed).

R. S. 1964, c. 193, s. 400; 1968, c. 55, s. 111; 1979, c. 36, s. 77; 1987, c. 57, s. 712.

387. (Repealed).

R. S. 1964, c. 193, s. 401; 1968, c. 55, s. 112; 1987, c. 57, s. 712.

388. (Repealed).

R. S. 1964, c. 193, s. 402; 1987, c. 57, s. 712.

389. (Repealed).

R. S. 1964, c. 193, s. 403; 1987, c. 57, s. 712.

390. (Repealed).

R. S. 1964, c. 193, s. 404; 1968, c. 55, s. 113; 1987, c. 57, s. 712.

391. (Repealed).

R. S. 1964, c. 193, s. 405; 1968, c. 55, s. 5, s. 114; 1987, c. 57, s. 712.

392. (Repealed).

R. S. 1964, c. 193, s. 406; 1968, c. 55, s. 115; 1980, c. 16, s. 79; 1987, c. 57, s. 712.

393. (Repealed).

R. S. 1964, c. 193, s. 407; 1987, c. 57, s. 712.

394. (Repealed).

R. S. 1964, c. 193, s. 408; 1968, c. 55, s. 116; 1987, c. 57, s. 712.

395. (Repealed).

R. S. 1964, c. 193, s. 409; 1987, c. 57, s. 712.

396. (Repealed).

R. S. 1964, c. 193, s. 410; 1968, c. 55, s. 117; 1987, c. 57, s. 712.

V.  — Contestation and quashing of by-laws

397. Any person concerned may, by motion presented according to the particular rules of articles 763 to 773 of the Code of Civil Procedure (chapter C-25), apply and obtain on the ground of illegality, the quashing of any by-law or part of by-law of the council, with costs against the municipality.

R. S. 1964, c. 193, s. 411; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 118; 1987, c. 57, s. 713; 1988, c. 21, s. 66; 1996, c. 2, s. 146; 1996, c. 5, s. 74.

398. (Repealed).

R. S. 1964, c. 193, s. 412; 1968, c. 55, s. 119; 1987, c. 57, s. 714.

399. The petition shall set forth, in a clear and precise manner, the reasons alleged in support of the application, and shall be accompanied by a certified copy of the by-law impugned, if such copy could be obtained.

If no such copy could be obtained, the court of competent jurisdiction or a judge of that court, upon application to that effect, shall order the production thereof by the clerk of the council, and the clerk shall for such purposes be deemed to be an officer of the court.

R. S. 1964, c. 193, s. 413; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 147.

400. The petition shall be served at the office of the council, four days at least before it is presented to the court.

R. S. 1964, c. 193, s. 414.

401. Before the service of the petition, the petitioner shall give security for costs in the same manner as security in judicial proceedings is given, otherwise such petition shall not be received by the court.

R. S. 1964, c. 193, s. 415.

402. The court or judge may, if it or he deem it expedient, allow the petition to be answered in writing.

R. S. 1964, c. 193, s. 416; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 148.

403. The court shall hear and decide by preference such contestation.

R. S. 1964, c. 193, s. 417; 1965 (1st sess.), c. 80, a. 1.

404. (1)  The court may, by the judgment, quash such by-law, in whole or in part, order the service of such judgment at the office of the council interested, and cause the same to be published either in the manner prescribed for the publication of orders of the council, or in one or more newspapers.

(2)  Every by-law or part of by-law so quashed shall cease to be in force from the date of the judgment.

R. S. 1964, c. 193, s. 418.

405. The court may condemn either of the parties to pay the costs of the contestation; and such costs may be recovered from the parties to the suit and from their sureties.

The judgment, as far as the costs are concerned, shall be executory against the sureties, fifteen days after a copy thereof has been served upon them.

R. S. 1964, c. 193, s. 419.

406. The municipality shall alone be responsible for any damages and suits which may arise from the putting into force of any by-law or part of a by-law, the quashing of which has been so obtained.

R. S. 1964, c. 193, s. 420; 1999, c. 40, s. 51.

407. The right to apply for the quashing of a by-law shall cease after three months next after the coming into force of such by-law.

R. S. 1964, c. 193, s. 421.

408. (1)  Notwithstanding article 29 of the Code of Civil Procedure (chapter C-25), there shall be no appeal from interlocutory judgments rendered in an action to quash a by-law under sections 397 to 407. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.

(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered in any matter mentioned in sections 352 and 397.

The appeal must be brought within 30 days after the date of the judgment.

It has precedence over any other appeal at the first session of the court after the inscription.

The plaintiff shall serve the judgment granting his action on the municipality by a certified copy of it with the clerk.

R. S. 1964, c. 193, s. 422; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2; 1987, c. 57, s. 715; 1988, c. 21, s. 66; 1996, c. 2, s. 149.

VI.  — 

Repealed, 1982, c. 63, s. 132.

1982, c. 63, s. 132.

409. (Repealed).

R. S. 1964, c. 193, s. 423; 1982, c. 63, s. 132.

§ 3 . — General Power to pass By-Laws

410. The council may make by-laws:

(1)  To secure peace, order, good government, health and general welfare in the territory of the municipality, provided such by-laws are not contrary to the laws of Canada, or of Québec, nor inconsistent with any special provision of this Act or of the charter;

(2)  (Subparagraph repealed).

In no case may the council make by-laws on the matters contemplated in the Food Products Act (chapter P-29). This paragraph applies notwithstanding any provision of a special Act granting powers on those matters to any municipality other than Ville de Trois-Rivières and Ville de Sherbrooke.

R. S. 1964, c. 193, s. 424; 1982, c. 64, s. 5; 1996, c. 2, s. 150; 2000, c. 26, s. 59.

§ 4 . — Inspection of Houses, etc., and Seizures

1992, c. 61, s. 117.

411. The council may make by-laws:

(1)  to authorize the officers or employees of the municipality to visit and examine, at any reasonable time, all movable and immovable property, as also the interior or exterior of any house, building or edifice whatsoever, to ascertain if the by-laws of the council are executed in respect thereof, to verify any information or determine any fact necessary to the exercise by the municipality of the power to issue a permit or a notice of compliance of an application and to grant an authorization or any other form of permission, conferred on the municipality by an Act or regulation, and to compel the owners or occupants of such property, buildings and edifices to admit such officers or employees;

(2)  (paragraph repealed);

(3)  to authorize, at the time of an inspection, the seizure of any article offered for sale or sold or delivered, in contravention of the by-laws passed in virtue of this Act or of the charter.

The officers or employees who carry out an inspection shall, on request, produce identification and a certificate issued by the municipality attesting their authority.

R. S. 1964, c. 193, s. 425; 1968, c. 55, s. 5; 1979, c. 51, s. 260; 1992, c. 61, s. 118; 2000, c. 19, s. 3; 2001, c. 35, s. 27.

§ 5 . — Protection of Persons and Property

412. The council may make by-laws:

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

(1)  (Paragraph repealed);

(2)  (Paragraph repealed);

(3)  (Paragraph repealed);

(4)  (Paragraph repealed);

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

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

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

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

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

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

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

(6)  (Paragraph repealed);

(7)  (Paragraph repealed);

(8)  (a)  (Subparagraph repealed);

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

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

II. — Smoke-consuming apparatus

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

III. — Engines and boilers

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

IV. — Gas and electrical apparatus, etc.

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

V. — Fences

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

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

VI. — Games in the streets

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

VII. — Blasting

(15)  To regulate blasting;

VIII. — Shooting

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

IX. — Dogs

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

X. — Horses

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

XI. — Pounds

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

XI.1. — Animals

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

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

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

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

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

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

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

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

XII. — Police and special constables

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

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

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

(20.1)  (Paragraph repealed);

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

XII.1. — Emergency vehicles

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

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

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

XIII. — Fires and fire brigade

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(29)  (Paragraph repealed);

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)  To prevent thefts at fires;

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

XIII.1. — Alarm systems

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

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

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

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

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

XIV. — Repealed

(45)  (Paragraph repealed);

XV. — Childcare

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

A municipality may also

(a)  (subparagraph repealed);

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

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

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

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

§ 5.1 . — Demolition of immoveables

1979, c. 48, s. 120.

412.1. In this subdivision,

(1)  “committee” means the committee established by virtue of section 412.23;

(2)  “dwelling” means a dwelling within the meaning of the Act respecting the Régie du logement (chapter R-8.1).

1979, c. 48, s. 120.

412.2. The council may, by by-law,

(1)  prohibit the demolition of an immoveable or of an immoveable comprising one or more dwellings, unless the owner has previously obtained a permit for that purpose from the committee;

(2)  prescribe the procedure to be followed in applying for a permit, both in first instance and in appeal;

(3)  provide that, for certain categories of immoveables that it shall specify, the public notice contemplated in section 412.4 is not required; and

(4)  establish a tariff of fees exigible for the issuance of permits.

1979, c. 48, s. 120.

412.3. The by-law contemplated in section 412.2 may prescribe that, prior to the consideration of his application for a permit, the proprietor submit to the approval of the committee a preliminary programme of re-utilization of the vacated land. The by-law may also prescribe that, if the programme is approved, the proprietor furnish to the municipality, prior to the issuance of his permit, a monetary guarantee of execution of that programme in an amount not exceeding the value entered on the assessment roll of the immoveable to be demolished.

That programme may be approved only if it is in conformity with the by-laws of the municipality. To determine that conformity, the committee must consider the by-laws in force at the time the programme is submitted to it, except in the case where the issuance of a building permit for the proposed programme is suspended by reason of a notice of motion or a resolution of the executive committee, according to the procedure applicable to the municipality. When the issuance of permits is thus suspended, the committee shall not approve the programme before the expiration of the suspension or before the coming into force of the amending by-law contemplated in the notice of motion or in the resolution, if such coming into force occurs before the expiration of the suspension; the decision of the committee is then rendered having regard to the by-laws in force at the time of such decision.

1979, c. 48, s. 120.

412.4. On being seized of an application for a demolition permit, the committee must cause a notice of the application, easily visible to passers-by, to be posted on the immoveable contemplated in the application. Furthermore, it must immediately cause a public notice of the application to be published, except in the cases contemplated by the by-law adopted pursuant to section 412.2.

Every notice contemplated in this section must reproduce the first paragraph of section 412.6.

1979, c. 48, s. 120.

412.5. The applicant must send, by registered or certified mail, a notice of the application to each of the lessees of the immoveable.

1979, c. 48, s. 120.

412.6. Every person wishing to oppose the granting of a demolition permit must, within ten days of publication of the public notice or, failing such notice, within the ten days following the posting of the notice on the immoveable concerned, make his objections known in writing to the clerk of the municipality, giving the reasons for his objections.

Before rendering its decision, the committee must consider the objections received. Its sittings are public.

The committee may, in addition, hold a public hearing if it considers it advisable.

1979, c. 48, s. 120.

412.7. Where the immoveable contemplated in the application includes one or more dwellings, a person wishing to preserve that immoveable as rental housing may, at the hearing of the application, intervene to ask for time to undertake or pursue negotiations to acquire the immoveable.

1979, c. 48, s. 120; 1999, c. 40, s. 51.

412.8. The committee shall postpone its decision if it believes that the circumstances justify it, and grant the intervener a period of not more than two months from the end of the hearing to allow the negotiations to reach a conclusion. The committee shall postpone its decision for that reason only once.

1979, c. 48, s. 120.

412.9. The committee shall grant the permit if it is convinced of the advisability of the demolition, taking into account the public interest and the interest of the parties.

The committee, before deciding an application for a demolition permit, must consider the condition of the immoveable contemplated in the application, the deterioration of the architectural appearance or esthetic character of the neighbourhood or of the quality of life in the neighbourhood, the cost of restoration, the intended use of the vacated land and any other pertinent criterion, in particular, where the immoveable includes one or more dwellings, the prejudice caused to lessees, the housing needs in the area and the possibilities of relocation of the lessees.

1979, c. 48, s. 120.

412.10. The committee must, in addition, reject the application for a permit if the preliminary programme of re-utilization of the vacated land has not been approved, if the procedure of application for permits has not been substantially complied with or if the exigible fees have not been paid.

1979, c. 48, s. 120.

412.11. Where the committee grants the permit, it may impose any condition relating to the demolition of the immoveable or the re-utilization of the vacated land. It may, in particular, determine the conditions of the relocation of a lessee, where the immoveable includes one or more dwellings.

1979, c. 48, s. 120.

412.12. The lessor to whom a demolition permit has been issued may evict a lessee to demolish a dwelling.

However, no lessee may be compelled to leave his dwelling before the term of the lease, nor before the expiry of three months from the issuance of the permit.

1979, c. 48, s. 120.

412.13. The lessor must pay to the lessee evicted from his dwelling an indemnity equal to three months’ rent and his moving expenses. If the damage sustained by the lessee is greater, he may apply to the Régie du logement to fix the amount of the damages.

The indemnity is payable at the expiry of the lease, and the moving expenses, on presentation of the vouchers.

1979, c. 48, s. 120; 1999, c. 40, s. 51.

412.14. Where the committee grants the permit, it may fix the time within which the demolition work must be undertaken and completed.

It may, for reasonable cause, change the time fixed, provided that the application for the change is made to it before the time has expired.

1979, c. 48, s. 120.

412.15. If the demolition work is not undertaken before the expiry of the time fixed by the committee, the demolition permit is without effect.

If, on that date, in the case of an immoveable that includes one or more dwellings, a lessee continues to occupy his dwelling, the lease is extended of right and the lessor may, within one month, apply to the Régie du logement to fix the rent.

1979, c. 48, s. 120.

412.16. If the work is not completed within the time fixed, the council may cause it to be carried out and recover the costs thereof from the proprietor. The costs constitute a prior claim on the land where the immovable was situated, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code of Québec; the costs are secured by a legal hypothec on the land.

1979, c. 48, s. 120; 1992, c. 57, s. 468; 1994, c. 30, s. 87.

412.17. The decision of the committee concerning the issuance of the permit must be substantiated and be sent immediately to every party concerned by registered or certified mail.

1979, c. 48, s. 120.

412.18. Every interested person may, within thirty days from a decision of the committee, appeal to the council from that decision.

Every member of the council, including a member of the committee, may sit on the council to hear an appeal made in virtue of the first paragraph.

1979, c. 48, s. 120.

412.19. The council may confirm a decision of the committee or render the decision that the committee should have rendered.

1979, c. 48, s. 120.

412.20. No demolition permit may be issued before the expiry of thirty days as provided in section 412.18 nor, if there has been an appeal under that section, before the council has rendered a decision authorizing the issuance of such a permit.

1979, c. 48, s. 120.

412.21. Every person who carries out the demolition of an immoveable or causes it to be carried out without a permit or in contravention of the conditions of the permit is liable to a fine of not less than $5 000 nor more than $25 000.

In addition, the by-law contemplated in section 412.2 may require that person to restore the immoveable so demolished to its former condition. Where the offender fails to restore the immoveable in accordance with the by-law, the council may cause the work to be carried out and recover the costs thereof from the offender, in which case section 412.16 applies, with the necessary modifications.

1979, c. 48, s. 120.

412.22. At all times while the demolition work is being carried out, a person in authority on the premises must have a copy of the permit in his possession. An officer or employee of the municipality designated by the council may, at any reasonable time, enter the premises where that work is being carried out to ascertain whether the demolition is in conformity with the permit. The officer or employee shall, on request, identify himself and produce a certificate of his capacity issued by the municipality. The refusal to allow the officer or the employee of the municipality on the premises or to let him see the copy of the permit renders the contravening person liable to a fine not exceeding $500.

1979, c. 48, s. 120; 1986, c. 95, s. 48.

412.23. A council that has adopted a by-law in virtue of section 412.2 must constitute a committee having the functions of deciding applications for demolition permits and exercising any other powers conferred on it by this subdivision.

This committee shall be composed of three members of the council designated for one year by the council. Their term is renewable.

1979, c. 48, s. 120.

412.24. A member of the council who ceases to be a member of the committee before the end of his term, is unable to act, or has a direct or indirect personal interest in a matter of which the committee is seized, shall be replaced by another member of the council designated by the council for the unexpired portion of his term, for the duration of his inability or for the duration of the hearing of the matter in which he has an interest, as the case may be.

1979, c. 48, s. 120; 1999, c. 40, s. 51.

412.25. No member of the council may be prosecuted for official acts done in good faith under this subdivision.

1979, c. 48, s. 120.

412.26. This subdivision applies to every municipality governed by this Act, and to Ville de Québec. It prevails over any inconsistent provision of the charter of a municipality to which it applies.

1979, c. 48, s. 120; 1996, c. 2, s. 152.

§ 6 . — Public Health and Hygiene

413. The council may make by-laws:

I. — Board of health and contagious and infectious diseases

(1)  To establish a board of health, with such powers, privileges and authority as the council may deem fit, which board must be composed of councillors or of other qualified citizens; to take means to promote the public health; to provide precautionary measures against the introduction of diseases; to prevent contagion or infection therefrom, and to diminish the danger thereof; and to define and regulate the duties, powers and functions of the health officers; the whole without prejudice to the Public Health Protection Act (chapter P‐35);

(2)  To establish and regulate hospital centres and isolation quarters for contagious and infectious diseases, and for the protection of the public health and the suppression of disease; to prevent the introduction of contagious, infectious and other diseases into the territory of the municipality; to secure the isolation of persons infected by such diseases, and enforce such by‐laws within the territory of the municipality; to regulate, control or prevent the landing of persons, baggage, merchandise or other property from boats, vessels, cars or other conveyances infected with contagious diseases, and to make such disposal of such persons or property as to preserve the public health, and to prevent infected boats, vessels, cars or other conveyances from coming within or near the territory of municipality; the whole without prejudice to the provisions of the Public Health Protection Act;

(3)  To establish a complete and efficient system of vaccination; to establish offices for that purpose; to appoint officers; to authorize them to make domiciliary visits, to destroy linen, clothing and any other articles infected with small‐pox or any other contagious disease; to isolate patients suffering from any such disease, whenever the said officers shall deem it necessary for the welfare of such patients, or of the public at large; to cause any person who shall have died of any such disease to be buried within a short time, and generally to cause such measures to be taken as the council may deem necessary to prevent or to arrest the progress of any contagious or endemic disease;

(4)  (paragraph repealed);

II. — Repealed

(5)  (paragraph repealed);

(6)  (paragraph repealed);

III. — Repealed

(7)  (paragraph repealed);

IV. — Sanitary condition of houses, etc.

(8)  to regulate the alteration, maintenance and quality of dwellings, rooms offered for rent, tenement and apartment houses and their dependencies; to prohibit their occupancy if they are not in conformity with the by-law and with the laws and regulations of Québec; to render the by-law applicable to existing premises;

(9)  To require that the plans for the buildings mentioned in paragraph 8 be submitted to the health authority for approval before being acted upon,—a copy of such plans must be kept in the archives of the municipality;

V. — Garbage, cesspools and unsanitary conditions

(10)  (a)  To require, throughout the territory of the municipality or in such district or districts as the council may designate, the owner or occupant of any premises, or the person who has deposited the same, to collect, remove and dispose of ashes, swill, offal, refuse, garbage, manure, dead animals, night-soil, and other unhealthy or offensive matter; to provide for the collection, removal and disposal of the same throughout the territory of the municipality or in such places in the territory of the municipality as the council may designate, and to authorize and direct such collection, removal and disposal to determine from the refuse the matters which may be salvaged for re-use or recycling and establish in all or in part of the territory of the municipality a selective refuse collection system in view of providing for their removal; to require, for that purpose, every owner, tenant or occupant of an immovable to separate from his household refuse those matters that may be re-used or recycled, according to the classification it determines; to dispose of the collected matters, in particular, by processing the matters that may be recycled in an establishment contemplated in subparagraph b.1 or b.2; to acquire, for the purpose of renting or selling to persons to whom garbage removal service is provided in the territory of the municipality, containers or other implements used in the operation of the service;

(b)  To construct, equip and operate an incinerator or other plant for the destruction of garbage;

(b.1)  To establish and operate an establishment for the salvage and treatment of refuse matters that may be recycled; to entrust any person with those functions;

(b.2)  To regulate the installation and operation of establishments for the salvage and treatment of refuse matters that may be recycled; to require a licence for the operation of such an establishment and fix the conditions for obtaining the licence;

(c)  To provide for the payment of the expenses referred to in subparagraphs a and b either by means of a tax on the taxable property in the territory of the municipality or of the portion designated, or by means of a compensation which may vary for each class of users, and shall be payable by the owner, tenant or occupant of each house, store or other building. In the case of non-taxable property, such compensation shall be payable only by the owner, tenant or occupant who benefits by the service;

To enact that the compensation must, in all cases, be paid by the owner.

To enact that the compensation, in the case of a residence inhabited during part of the year only, is smaller and fixed proportionately to the number of months the service is used or to the average number of months it is used in a given ward designated by the council;

(11)  To regulate or prohibit the use of all bridges, viaducts, tunnels, drains, sewers, privies and cesspools within the territory of the municipality, or in such portions thereof as it may designate; and to cause the cleaning or removal of privies and cesspools;

(11.1)  To provide for the periodical emptying of septic tanks throughout the territory of the municipality or any part thereof; to provide for payment of the expenses by a compensation, which may vary for each class of users, exigible from the owner, tenant or occupant of each house, store or building using a septic tank; to order that in all cases the compensation is payable by the owner;

(12)  To prevent the throwing or depositing of ashes, paper, refuse, offal, dirt, garbage or any offensive matter or obstruction in any street, alley, yard, public ground or square or municipal stream or water;

(13)  To prevent the pollution of the waters of any municipal creek, river, pond, lake or watercourse within or adjacent to the territory of the municipality; to prevent the dumping of refuse or other matter therein; to provide for the cleansing and purification of municipal waters, watercourses, and canals and the drainage or filling of ponds or pools on private property, whenever necessary for public health; and to compel the owner or occupant of any building or ground to remove from the premises owned or occupied by him all such offensive substances as the council or health department may direct, and, upon his default, to authorize the removal or destruction thereof by some officer or employee of the municipality, at the expense of such owner or occupant;

(14)  To provide that, in case the owner of such lot cannot be found and no one represents the owner, or should such owner or occupant, or other person in charge thereof, refuse or neglect to fence in, drain, cleanse, fill up or level the same, when so directed by the proper employee of the council, or be unable, by want of means, to fence in, cleanse, drain, fill up or level such lot, the council may have the same done; the cost of the work constitutes a prior claim on the lot, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64); the cost is secured by a legal hypothec on the lot;

VI. — Unwholesome or noxious establishments

(15)  To prohibit the location of stock-yards, packing-houses, rendering establishments, tallow-chandleries, storing places for hides, bone or glue houses and generally all establishments in which animal matter is dealt with, gas-works, soap-factories, dye-houses, tanneries, sausage manufactories and other noxious establishments within the territory of the municipality;

(15.1)  To regulate the location, construction and management of stock-yards, tallow-chandleries, storing places for hides, glue houses and gas-works, soap factories, dye-houses, tanneries and other noxious establishments within the territory of the municipality;

(16)  To regulate the location, construction and use of breweries, stables, livery-stables, blacksmith-shops and foundries within the territory of the municipality;

(17)  To prohibit offensive or unwholesome undertakings or establishments within the territory of the municipality; to prohibit the erection or occupation of any offensive buildings in any place or site where they may damage the neighbouring property; and to determine the localities where certain manufactories or occupations may be carried on.

Notwithstanding the provisions of the first paragraph of this paragraph, in the case of pulp mills, paper mills or pulp and paper mills, the power of regulation shall be limited to the authorization or confirmation of the location of such mills, which mills shall, however, continue to be governed by the laws respecting public health, and no person may prevent or limit the operation of such mills by way of injunction or any other legal proceedings, if such mills have been so authorized by municipal by-law, the recourse of any person suffering damages by reason of such operation being limited in such case to a claim for such damages and interest.

Notwithstanding the provisions of the first paragraph of this paragraph, in the case of industries established for more than five years in the territory of a municipality, the power of regulation is limited to the authorization or confirmation of the location of such industries, which industries shall, however, continue to be governed by the laws respecting public health, and no person may prevent or limit the operation of such industries by way of injunction or any other legal proceedings, if such industries have been so authorized by municipal by-law, the recourse of any person suffering damages by reason of such operation being limited in such case to a claim for such damages and interest.

No municipal by-law contemplated by the two preceding paragraphs of this paragraph may, after adoption, be repealed;

(18)  To compel the owner of any soap or tallow-chandlery, pigsty, or other unwholesome or noxious establishment or place, except an undertaking for the preparation, conditioning or processing of food to cleanse, abate or remove the same;

(19)  To require that places where animals are kept be maintained in a sanitary condition; and to fix the minimum distance between such places and dwellings;

VII. — Animals attacked by contagious diseases

(20)  To order any animal attacked by a contagious disease to be isolated until cured or to be killed at any place in the territory of the municipality, on a certificate from a veterinary surgeon or health officer appointed by the council;

VIII. — Public baths, privies, etc.

(21)  To establish and maintain public baths, privies and lavatories;

IX. — Sewers, drains and watercourses

(22)  (a)  Subject to the provisions of the Environment Quality Act (chapter Q‐2), to regulate the sewerage of the municipality; to construct or otherwise acquire any public sewer; to assess owners of immovable property for the purpose of defraying the cost of making, in whole or in part, any public sewer in any street, in which the property of such property‐owners is situated, including connections between such public sewer and the private drains of such property‐owners, and between the public sewer and the street line if there be no private drain, and the cost of such repairs as are rendered necessary in the paving on account of the construction of private drains; and to prescribe the mode in which such assessment shall be made, either according to the frontage of the property or otherwise, and the manner of levying such assessment;

(b)  To require a compensation which may vary for each class of users or which may be established for the sewer service, in accordance with such tariff as it deems suitable, from every owner, tenant or occupant of a house, store or other building, whether the owner, tenant or occupant uses the sewers or not, provided that, in the latter case, the council has notified him that it is prepared to extend the sewer, at its own expense, to the line of the street opposite his house, store or building.

To require that such compensation shall be due and payable by instalments and within such time as it deems advisable to fix.

To order that such compensation shall be paid in all cases by the property‐owner;

(23)  To extend its main sewers or tunnels in the adjoining territory of any other municipality, and to recover from such municipality, if it use them, its share of contribution towards the costs of construction and maintenance thereof, according to the area to be drained and in proportion to the benefit to be derived by such municipality,—the amount of such contribution to be determined by appraisers to be appointed as follows: one by the council, one by such municipality, and the third by a judge of the Superior Court;

(24)  To construct or acquire drains and aqueducts in private streets and lanes when required in the interest of public health, without being bound to pay any damages or compensation for the use of such streets or lanes for such work;

(25)  To oblige every owner of an immovable to instal a check‐valve therein in order to prevent any back‐flow of sewage. Should the owner fail to instal such check‐valve or safety device in accordance with the by‐laws passed under this provision, the municipality shall not be liable for damages caused to the immovable or its contents through flooding occasioned by the back‐flow of sewage;

(25.1)  (a)  To require the owner of an immovable to instal therein and keep in good working order an apparatus or device intended to reduce the risk of any back‐flow from a sewer or the consequences of such back‐flow, and to provide, in the case of an immovable already erected, a time period to enable the owner to meet that requirement;

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

(c)  To grant a subsidy to the owner, on the conditions prescribed by by‐law and notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), to enable the owner to meet the requirement set out in subparagraph a;

(d)  To divide the territory of the municipality into sectors, to establish classes of immovables, apparatus or devices, to establish any combination consisting of a sector and class, to provide that the by-law shall apply only in one or more such sectors, to one or more such classes or to one or more such combinations, and to prescribe different rules according to the sectors, classes or combinations;

(26)  To permit the municipality to provide, where necessary, suitable automatic safety-valves for the drainage of any lands, the expense thereof to be borne in the manner determined by the council, and such cost to be recovered according to a statement prepared by the inspector of the municipality; and also to provide for the inspection by the municipality of such safety-valves;

(27)  To cause to be opened, dug, enlarged, covered and maintained, any ditch necessary for drainage, boundary or division ditch or watercourse situate in the territory of the municipality or beyond the boundaries thereof, as the council may deem advisable, and to determine the time and manner of making such works, as well as the inhabitants of the territory of the municipality by whom or at whose expense the same shall be made.

(28)  To levy, if the works are to be executed at the joint expense of the parties interested, on the proprietors of the lands situate within the territory of the municipality and drained by the ditch or watercourse, the sums required for such works, according to the estimated value of such lands or the length of the ditch or watercourse upon the same; and to determine the mode of levying the taxes so imposed;

(29)  To impose penalties on any person obstructing, diverting, or allowing the obstruction or diversion of ditches or watercourses, or refusing to make or allow to be made the works ordered by the inspector under the by-laws;

(30)  To carry on, at the expense of the municipality, for a definite or indefinite period, all works on ditches or watercourses;

(31)  To require railway companies to make and keep open and in repair ditches, drains, sewers and culverts along and under their railway tracks, so that filthy or stagnant water shall not collect upon their property, and so that the natural drainage of adjacent property and streets shall not be impeded within the territory of the municipality;

(32)  To order embankment works to protect all or part of the territory of the municipality against flooding;

(33)  To order, for the object of improving the quality of water sites and promoting access thereto, development works on the beds, including the banks or shores and the lands bordering thereon, of the lakes and watercourses situated in its territory, and works to control their water-level.

The council may execute the works on its own immovables, on any privately owned immovable with the concurrence of the owner or, according to law, on immovables forming part of the domain of the State.

In the case of works on a privately owned immovable, the works constructed become the property of the owner of the immovable, who thereby becomes responsible for their upkeep. If the owner fails to do the upkeep, the council may do it at his expense.

R. S. 1964, c. 193, s. 427; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 5, s. 121; 1971, c. 48, s. 161; 1972, c. 42, s. 64; 1979, c. 36, s. 79; 1979, c. 83, s. 4; 1979, c. 48, s. 121; 1982, c. 64, s. 6; 1985, c. 3, s. 3; 1985, c. 27, s. 18; 1987, c. 42, s. 1; 1988, c. 21, s. 66; 1992, c. 27, s. 5; 1992, c. 57, s. 469; 1994, c. 30, s. 88; 1996, c. 2, s. 153; 1997, c. 93, s. 50; 1998, c. 31, s. 14; 1999, c. 40, s. 51.

413.1. The municipality may, at the expense of the owner, construct private conduits, water intakes and sewer outlets and connect private conduits with public conduits. For that purpose, the council may, by by-law,

(1)  prescribe that all works to effect the connection be performed by the municipality or be performed under the supervision of its representative;

(2)  prescribe that the owner deposit before the works begin a sum fixed by the council to ensure immediate payment of the total cost of the works;

(3)  prescribe the mode, materials and time of construction and connection.

Any sum owed by the owner under the first paragraph constitutes a prior claim on the immovable in respect of which the works are performed, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64). The cost is secured by a legal hypothec on the immovable.

1997, c. 93, s. 51.

§ 7 . — Decency and Good Morals

414. The council may make by-laws:

(1)  To suppress gambling houses and disorderly houses;

(2)  To suppress houses of prostitution, of ill-fame and of assignation;

(3)  To prohibit and restrict card-playing, throwing of dice and other games of hazard with or without betting, in any hotel, restaurant, tavern or shop, whether licensed or not, in the territory of the municipality;

(4)  To prohibit, prevent and suppress noisy gatherings, affrays, disturbances, disorderly assemblies and all brutal or depraving exhibitions;

(5)  To regulate circuses, theatres, spectacles, exhibitions and other public performances; to license them upon such conditions as may be considered fit;

(6)  To regulate public dance halls;

No permit or license shall be granted, under any law whatever, to keep a public dance hall in the territory of a municipality contrary to the provisions of a prohibition by-law made under this paragraph 6;

(7)  To license and regulate the posting of bills and placards;

(8)  To regulate bathing and swimming in the waters situated in the territory of the municipality;

To regulate public beaches and public or private swimming-pools for safety purposes, to compel every person operating a public beach or swimming-pool to obtain an annual license and to fix the cost of the license;

(9)  To regulate the wearing of bathing suits in public places elsewhere than on beaches, on the sites of lakes, rivers or watercourses and every other place used as a public bath;

(10)  To prohibit the wearing of immodest clothes or wearing apparel on the streets and in public places in the territory of the municipality;

(11)  (Subparagraph repealed);

(12)  To allow on certain conditions, regulate or prevent the employment or occupation of minors in the streets and public places, and to grant licenses to and regulate newspaper carriers;

(13)  To regulate begging.

R. S. 1964, c. 193, s. 428; 1986, c. 95, s. 49; 1996, c. 2, s. 154; 1996, c. 27, s. 13; 1997, c. 53, s. 1; 2000, c. 56, s. 112.

414.1. The council may make by-laws to regulate the display of erotic objects and printed matter, more particularly for the purpose of protecting the youth.

1983, c. 57, s. 52.

§ 8 . — Streets and Public Squares

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.

416. (Repealed).

1972, c. 55, s. 81; 1975, c. 45, s. 25; 1977, c. 5, s. 14; 1983, c. 46, s. 96; 1990, c. 83, s. 251.

417. (Repealed).

1977, c. 52, s. 14; 1979, c. 36, s. 81; 1996, c. 2, s. 156.

418. (Repealed).

1977, c. 52, s. 14; 1996, c. 2, s. 156.

419. (Repealed).

1977, c. 52, s. 14; 1996, c. 2, s. 156.

420. (Repealed).

1977, c. 52, s. 14; 1996, c. 2, s. 156.

421. (Repealed).

1977, c. 52, s. 14; 1979, c. 51, s. 257; 1996, c. 2, s. 156.

422. The streets or lanes open to the public for 10 years or more shall become the property of the municipality upon the observance of the following formalities:

(1)  The council shall approve by resolution a description of all streets or lanes or parts thereof with respect to which the municipality proposes to avail itself of this section;

(2)  Such description shall be made according to an official plan and book of reference made and deposited in conformity with the Cadastre Act (chapter C-1);

(3)  The original of such description must be deposited in the office of the clerk of the municipality and a copy certified by a land surveyor shall be deposited in the registry office;

(4)  The clerk of the municipality shall cause to be published twice in the Gazette officielle du Québec and in a daily newspaper circulating in the territory of the municipality, with an interval of not less than three months nor more than four months between publications, a notice containing:

(a)  the full text of this section;

(b)  a summary description of the streets or lanes concerned;

(c)  a declaration to the effect that the formalities prescribed by paragraphs 1 and 2 have been observed.

Any right that third parties might claim to the ownership of the site of the said streets or lanes shall be prescribed unless exercised by suit before the competent court within one year after the last publication in the Gazette officielle du Québec.

The municipality cannot avail itself of this section with respect to streets or lanes on which it has levied any tax within the preceding 10 years.

R. S. 1964, c. 193, s. 430; 1996, c. 2, s. 210; 2000, c. 42, s. 126.

§ 9 . — Water Supply

423. The council may make by-laws to provide for the establishment or acquiring, maintenance, management and regulation of waterworks, public wells, cisterns or reservoirs, to supply water in the territory of the municipality, and to instal hydrants, fountains, public drinking places and apparatus for filtering and purifying water.

R. S. 1964, c. 193, s. 433 (part); 1972, c. 49, s. 128; 1996, c. 2, s. 157.

424. The municipality may construct or acquire, and maintain, within its territory or within a distance of 48 km thereof, waterworks, together with all appurtenances and accessories, the construction or acquisition whereof is determined under section 423; it may improve the waterworks and change the site thereof; and construct and maintain all buildings, engines, reservoirs, basins and other works necessary to convey water.

R. S. 1964, c. 193, s. 434; 1984, c. 47, s. 213; 1996, c. 2, s. 158.

425. For the said purposes, the municipality may acquire and hold any land, servitude, or usufruct, within its territory or within a distance of 48 km thereof; acquire a right of way wherever it may be necessary; pay any damages occasioned by such works, either to buildings or lands; enter into contracts with any person for the construction of the said water-works; and operate the waterworks when completed.

For the construction of the waterworks and its maintenance afterwards, the contractor for the works or the officers or employees of the municipality authorized by resolution of the council shall have the right to enter during the day-time upon the lands in the neighborhood of the waterworks and take and remove trees, stones, soil, sand and gravel, if they need them for the work of construction or maintenance, and to cut and remove trees and roots which might damage the waterworks, saving reasonable compensation agreed upon between the parties or fixed according to the provisions of section 426.

R. S. 1964, c. 193, s. 435; 1984, c. 47, s. 213; 1996, c. 2, s. 159.

426. When the parties cannot come to an amicable arrangement with respect to the acquisition of any immovable property for waterworks or for any of the purposes mentioned in the preceding sections, or for the right of way through such property, or any servitude thereon, the same may be acquired by expropriation.

R. S. 1964, c. 193, s. 436; 1996, c. 2, s. 160.

427. The officers and employees of the municipality may enter upon any land or property, street, lane or public or private road, to lay or repair pipes and sewers and to do other necessary work in connection with the waterworks and sewers.

R. S. 1964, c. 193, s. 437.

428. If any person prevents an officer or employee of the municipality, or any other person acting on its behalf, from doing any of the said work, or from exercising any of the powers and rights hereinbefore granted, or embarrasses or interrupts him in the exercise of such rights, or causes any injury to the waterworks, apparatus or accessories thereof, or obstructs or prevents the working of the waterworks, or the apparatus or accessories thereto belonging, such person shall be liable, without prejudice to the penalties he may incur, for the damage that the municipality may suffer from any such act.

R. S. 1964, c. 193, s. 438; 1999, c. 40, s. 51.

429. The council may, by by-law, in order to meet the interest on the sums expended in the construction of waterworks, public wells, cisterns or reservoirs, and to establish a sinking-fund, impose on all the owners or occupants of houses, shops or other buildings, an annual special tax at a rate to be fixed by it, on the assessed value of each house, shop or building, including the land.

The sinking-fund created by virtue of this section shall be invested and managed in the same manner as that mentioned in section 548.

R. S. 1964, c. 193, s. 439.

430. Such special tax shall be imposed and levied, even upon the owners or occupants not availing themselves of the water from the waterworks; provided that the municipality has notified such owners or occupants, that it is prepared, at its own expense, to bring the water to the line of the street opposite their respective houses, shops or buildings.

R. S. 1964, c. 193, s. 440.

431. Upon a petition, signed by the majority of the owners of immoveable property affected, such majority being both in number and by reason of feet frontage of their properties, the council shall have power to impose and levy a special real tax, payable by annual instalments, during a period of not more than twenty years, with interest on all balances remaining due at the rate of six per cent per annum, on the immoveables facing the water conduits constructed by the municipality, to pay the cost of the same. Of whatever dimensions a water conduit, thus constructed, may be, there shall not be levied on the bordering proprietors more than their proportion of the cost of a 15 cm diameter conduit.

The tax authorized under this section shall be imposed according to the frontage.

R. S. 1964, c. 193, s. 441; 1984, c. 47, s. 213.

432. The council may make by-laws:

(1)  To prohibit any occupant of a house or building supplied with water from the waterworks, from furnishing such water to others, or from using it otherwise than for his own use, or from wasting it;

(2)  To prescribe the size, quality, strength, and location of the pipes, valves, cocks, cisterns, water-closets, baths, and other similar apparatus;

(3)  To prevent the pollution of the water in the waterworks or reservoirs and the practising of frauds upon the municipality with regard to the supply of water from the waterworks;

(4)  To establish the rate for water which may vary for each class of users, in addition to the special taxes mentioned in sections 429 and 431; to supply meters for buildings or establishments, for measuring the quantity of water used therein; and to fix the amount to be paid for the water and rent of meters;

(5)  To provide that the water-rate shall be due and payable by instalments, and within such time as it shall deem proper to fix;

(6)  To provide that the legal rate of interest upon the arrears of water-rate shall not be due until the expiration of such time;

(7)  To provide for any other matter or thing of any nature or kind whatsoever, having reference to the waterworks, which it may be necessary to regulate or determine for the proper working of such waterworks.

R. S. 1964, c. 193, s. 442; 1987, c. 42, s. 2; 1999, c. 40, s. 51.

433. The municipality may make a special agreement with consumers for the supply of water in special cases, where it is considered that there is more than the ordinary consumption of water.

R. S. 1964, c. 193, s. 443.

434. The special tax and the water-rate imposed under sections 429, 431 and 432, as well as all other taxes due for water or for meters, shall be levied according to the rules and in the manner prescribed for general taxes.

R. S. 1964, c. 193, s. 444.

435. As soon as the municipality is ready to furnish water to any part of the territory of the municipality not already supplied, public notice thereof shall be given; and, after such notice, all persons liable to the payment of water-rates in such part of the territory, whether they consent or not to receive the water, shall pay the rates fixed by the tariff.

R. S. 1964, c. 193, s. 445; 1996, c. 2, s. 161.

436. The municipality shall lay the distribution pipe to the line of the street, and may exact payment of the water-rate from the property-owner, even although the latter refuses or neglects to connect such pipe with his house or building.

R. S. 1964, c. 193, s. 446.

437. If any property-owner refuse or neglect to do the work necessary for the supply of water to any house occupied by a tenant, and the council exacts payment of the water-rate from the tenant, such tenant may withhold from the owner, out of the rents to be paid him for the property he occupies, the amount thus paid by him to the municipality, unless otherwise provided in the lease.

R. S. 1964, c. 193, s. 447.

438. When a dwelling-house or other building is occupied by two or more tenants, subtenants or families, the municipality may require from the owner that a separate and distinct service pipe be provided by him for each such tenant, subtenant or family, occupying separate apartments, so that the municipality may at all times have control over the supply of water furnished to each such tenant, subtenant or family, as in the case of single tenanted houses; and if the property-owner, after being notified in writing to that effect by an officer or employee of the municipality, refuses or neglects to comply with the requirements of this section within a reasonable time, not to exceed fifteen days, he shall be liable to the payment of the rates imposed for the water so supplied to the said tenants, subtenants or families; and such liability on the part of the property-owner shall continue so long as he does not comply with the requirements aforesaid.

Such liability shall apply to any owner of a row of dwelling-houses or tenements contiguous to one another, who refuses or neglects to provide each such house or tenement with a separate and distinct service pipe, after notice given to him, as aforesaid; and such liability shall also apply to the owner in all cases where the number of tenants, subtenants or families in a dwelling-house is such that it is impossible to provide a separate service pipe for each of them; and the municipality may, in such cases, exact from the owner the ordinary price of water for each such tenant, subtenant or family.

R. S. 1964, c. 193, s. 448; 1968, c. 55, s. 5; 1999, c. 40, s. 51.

439. The council may, by by-law, enact that the water-rates shall, in all cases, be paid by the owners.

R. S. 1964, c. 193, s. 449.

440. A municipality may suspend the supply of water to a person who has failed to pay a sum required for such service and who, on the lapse of 30 days after the sending of the notice provided for in the second paragraph, has omitted to remedy such failure. The suspension shall continue until the sum is paid.

The treasurer shall send to the person, by registered or certified mail, a notice informing him of his failure to pay and of the suspension of the supply of water to which he may be subject under the first paragraph.

R. S. 1964, c. 193, s. 450; 1996, c. 27, s. 15.

440.1. A municipality may suspend the supply of water to a person who makes abusive use of the water or whose equipment causes water to be wasted or the quality of the water to deteriorate, and who, on the lapse of 10 days after the sending of the notice provided for in the second paragraph, has omitted to take the required corrective measures. The suspension shall continue until such measures are taken.

The competent officer shall send to the person, by registered or certified mail, a notice exposing the problem, indicating the corrective measures to be taken and informing the person of the suspension of the supply of water to which he may be subject under the first paragraph.

1996, c. 27, s. 15.

440.2. The sum required for the supply of water, except to the extent that it is related to actual consumption, shall remain payable throughout the period in which the service is suspended under section 440 or 440.1.

1996, c. 27, s. 15.

441. The officers or employees of the municipality appointed for the management of the waterworks may, at any reasonable time, enter into any house or building whatsoever, or upon any property whether situated within or without the territory of the municipality, for the purpose of satisfying themselves that the water is not wasted and that the by-laws relative to the waterworks are faithfully carried out.

Every such officer or employee shall, on request, identify himself and produce a certificate of his capacity issued by the municipality.

The owners or occupants of any such house, building or property shall allow the officers or employees of the municipality to make such visit or examination.

The water may be cut off from any person refusing to admit the officers or employees of the municipality, so long as such refusal continues.

R. S. 1964, c. 193, s. 451; 1968, c. 55, s. 5; 1986, c. 95, s. 51; 1996, c. 2, s. 162.

442. The municipality shall not be bound to warrant the quantity of water to be supplied; and no person may refuse, on account of the insufficiency of the water supply, to pay the annual special tax and the compensation for the use of the water.

R. S. 1964, c. 193, s. 452.

443. The council may also make special agreements for the supply of water outside the territory of the municipality, provided that the persons with whom such agreements are made comply with the by-laws respecting the management of the waterworks.

R. S. 1964, c. 193, s. 453; 1996, c. 2, s. 163.

444. The council may, by by-law, transfer its rights and powers, respecting the water-supply, to any person or partnership willing to undertake the same, provided that such person or partnership does not exact, for the use of the water, rates higher than those approved or determined by by-law of the council.

The by-law must be submitted for approval to the qualified voters and to the Government.

R. S. 1964, c. 193, s. 454; 1968, c. 55, s. 123; 1969, c. 55, s. 22; 1974, c. 47, s. 7; 1987, c. 57, s. 716; 1999, c. 40, s. 51.

§ 10 . — Lighting

445. The council may make by-laws providing for the lighting of the territory of the municipality by means of gas, electric or other light furnished by any person or partnership, and the municipality may become a party to any contract to that effect.

R. S. 1964, c. 193, s. 455; 1996, c. 2, s. 164; 1999, c. 40, s. 51.

446. The council shall have all the necessary powers for the establishment and management of a system of lighting by gas, electricity or otherwise, for the requirements of the public and of persons desiring to light their houses, buildings or establishments.

R. S. 1964, c. 193, s. 456; 1999, c. 40, s. 51.

447. At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Régie du bâtiment du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions as it may determine.

R. S. 1964, c. 193, s. 457; 1977, c. 5, s. 14; 1988, c. 23, s. 84; 1991, c. 74, s. 168.

448. The council may, by by-law, in order to meet the interest on the sums expended in introducing a system of lighting, and to establish a sinking-fund, impose on all the owners or occupants of houses, shops or other buildings, an annual special tax, on the assessed value of such houses, buildings or establishments, including the land.

The sinking-fund created by virtue of this section shall be invested and managed in the same manner as that mentioned in section 548.

R. S. 1964, c. 193, s. 458.

449. The council may make by-laws:

(1)  If the lighting system belongs to the municipality:

(a)  To determine, in addition to the special tax mentioned in section 448, the compensation, which may vary for each class of users, to be paid for light and for the rent of meters, and for supplying meters to measure the quantity of light consumed;

(b)  To prevent fraud in connection with the quantity of light supplied;

(c)  To protect the wires, pipes, lamps, apparatus and other articles serving for the distribution of light;

(2)  If the lighting system belongs to the municipality or to others,—to prescribe penalties against persons extinguishing the lamps without authority.

R. S. 1964, c. 193, s. 459; 1987, c. 42, s. 3; 1992, c. 61, s. 121.

450. The special tax and the compensation imposed under sections 448 and 449 shall be levied according to the rules and in the manner prescribed for general taxes.

R. S. 1964, c. 193, s. 460.

451. Any citizen may accept or refuse to use the light supplied by the municipality in any building, house or establishment controlled by him.

R. S. 1964, c. 193, s. 461.

452. The officers or employees of the municipality, appointed to manage the lighting system of the municipality, may, at any reasonable time, enter any building, house or establishment, and upon any property, for the purpose of ascertaining whether the by-laws respecting lighting are faithfully observed.

Every such officer or employee shall, on request, identify himself and produce a certificate of his capacity issued by the municipality.

The owners or occupants of all such buildings, houses, establishments or properties shall allow such officers or employees of the municipality to enter and make such inspection or examination, on penalty of a fine of not more than $20.

R. S. 1964, c. 193, s. 462; 1968, c. 55, s. 5; 1986, c. 95, s. 52; 1990, c. 4, s. 176.

453. The owners or occupants of houses, buildings or lands in the territory of the municipality shall, whether the lighting system belongs to the municipality or to others, permit the pipes, wires, lamps and posts necessary for the lighting for public purposes to be placed on their houses, buildings or lands, subject to the payment of the actual damages, if any be occasioned thereby.

R. S. 1964, c. 193, s. 463; 1996, c. 2, s. 165.

§ 11 . — Heating and Power

454. The council shall have all the powers necessary for the establishment and administration of any system or systems of heating and power development by means of gas, electricity or otherwise for the use of the public, or of persons desiring to make use thereof in their houses, buildings or establishments; and subdivision tenth of Division eleventh of this act (sections 445 to 453) shall apply to this subdivision.

R. S. 1964, c. 193, s. 464; 1999, c. 40, s. 51.

454.1. Any municipality, may, with Hydro-Québec, constitute a limited partnership governed by the Civil Code of Québec (Statutes of Québec, 1991, chapter 64) having, among other objects, the object of producing electricity.

1997, c. 93, s. 52; 2000, c. 56, s. 113.

454.2. Hydro-Québec must furnish, at all times, at least half of the contribution to the common stock of the partnership referred to in section 454.1, and must be the partnership’s general partner.

1997, c. 93, s. 52.

§ 12 . — Community Radio and Television Aerials

455. The council shall have all necessary powers to establish and administer systems of community radio and television aerials for the needs of the public or of persons wishing to make use thereof in their houses, buildings or establishments; and sections 445 to 453 shall apply to this section. The council, however, shall not acquire by expropriation the existing systems in the territory of the municipality, in the exercise of the powers assigned to it by the other provisions of this section.

1968, c. 55, s. 124; 1996, c. 2, s. 210; 1999, c. 40, s. 51.

§ 13 . — Street Railways

456. The council may make by-laws:

(1)  To permit, under such conditions and restrictions as it may impose, the track of any street railway to be laid in the territory of the municipality;

(2)  To regulate the number of passengers to be carried in each car or vehicle used by the company operating such street railway;

(3)  To regulate the condition in which the cars are to be kept;

(4)  To regulate the use of locomotives, and of steam or other motive power on any street railway in the territory of the municipality;

(5)  To prescribe and regulate the speed of the cars;

(6)  To prescribe fines, not to exceed $400, upon the company managing any such railway, or any of its servants, for each violation of any of the by-laws passed in virtue of this section.

R. S. 1964, c. 193, s. 465; 1992, c. 61, s. 122; 1996, c. 2, s. 210.

§ 14 . — Markets

457. The council may make by-laws:

(1)  To establish, erect, maintain, enlarge, change or do away with public markets, or to permit their establishment under license; to establish, change, enlarge, reduce, or abolish market-places, and to cause the ground wholly or partly occupied by a market or market-place to be used for any purpose determined by the council;

(2)  To regulate the leasing of stalls and other places in the public markets or on the public market-places; to lease and concede the use of private stalls on such conditions and at such prices as may be determined in the by-law;

(3)  To regulate the sale and exposing for sale on the markets, or on the public market-places, of any kind of articles except food, and to prohibit the sale of certain articles in particular;

(4)  To regulate the manner of placing vehicles in which food is exposed for sale in the markets, or on the public market-places; to impose a duty on such vehicles, and establish the mode in which such duty shall be collected;

(5)  To require that provisions and provender, usually bought and sold in public markets, and brought to the territory of the municipality for sale, shall be conveyed to the public markets and there exposed for sale; and that no such provisions or provender shall be offered, or exposed for sale, or be sold or purchased elsewhere in the territory of the municipality than on the public markets or market-places; but the council may empower any person to sell, offer or expose for sale, beyond the limits of such markets, meat, vegetables and provisions usually bought and sold on public markets, by granting him a license for that purpose, upon payment of such sum and upon such conditions, as shall be fixed by by-law;

(6)  To impose taxes or licenses upon all persons selling on the public markets or market-places;

(7)  To establish and maintain public scales and to collect the revenue therefor;

(8)  To determine and define the duties and powers of all persons employed in superintending public scales or markets in the territory of the municipality, and to confer upon such officers or employees, at the time of an inspection, the power to seize articles and produce, except food, in case of fraud as to measure, weight or quality; and to determine the manner in which such seized articles shall be disposed of;

(9)  To determine all things connected with the government of public markets.

R. S. 1964, c. 193, s. 466; 1968, c. 55, s. 5; 1982, c. 64, s. 7; 1992, c. 61, s. 123; 1996, c. 2, s. 166.

458. The market clerks, or any other person authorized therefor, may enter into yards and lanes for the purpose of recovering and collecting the market dues or taxes due for cattle, grain, produce, provisions and other articles brought into the territory of the municipality to be sold or delivered.

R. S. 1964, c. 193, s. 467; 1996, c. 2, s. 210.

§ 14.1 . — Commercial development corporations

1982, c. 65, s. 2; 1997, c. 53, s. 2.

458.1. The council may, by by-law, define the limits of a commercial zone within which a single commercial district may be formed, comprising at least 50 places of business and more than 50% of the places of business in that zone, and provide for the establishment of an initiatives and development association having jurisdiction in that district.

For the purposes of this subdivision, a business establishment and the ratepayer who operates or occupies it are a taxable business establishment and its occupant, respectively, within the meaning of the Act respecting municipal taxation (chapter F‐2.1).

1982, c. 65, s. 2; 1993, c. 3, s. 94; 1999, c. 40, s. 51.

458.2. Such an association may promote the economic development of the district, establish joint services for its members and their customers, operate a business in the district, erect and manage a parking garage or parking lot and carry out work on public property or private property with the consent of the owner.

1982, c. 65, s. 2.

458.3. The association may be formed on the application of ten ratepayers having a place of business in the district. The application shall be submitted to the council of the municipality.

The application must conform to the by-law passed under section 458.19 and contain the following information:

(a)  the names of the applicants;

(b)  the addresses of their places of business;

(c)  the limits of the commercial district, using street names wherever possible;

(d)  the proposed name of the association;

(e)  the proposed address of its head office.

The application must be accompanied with a list of the names and addresses of the ratepayers having a place of business in the district, and with a sketch of the commercial district.

1982, c. 65, s. 2.

458.4. Within 45 days of receipt of the application, the council shall order the clerk to send a notice by registered or certified mail to every ratepayer having a place of business in the district, or cause it to be served on him, informing him that a register will be open to receive the signatures of the ratepayers who oppose the formation of the association.

1982, c. 65, s. 2.

458.5. The notice must state

(a)  the object of the application;

(b)  the right of the ratepayers having a place of business in the district to require, by signing the register, that a poll be held on the application;

(c)  the number of persons required for the holding of a poll, and the fact that if that number is not attained, the application will be deemed to be approved by those persons;

(d)  the fact that if the application is approved, the council may, by resolution, authorize the establishment of the association, that every ratepayer having a place of business in the district will be a member of the association, and that the association may levy an assessment from its members;

(e)  the place, dates and hours for signing the register.

1982, c. 65, s. 2.

458.6. The clerk shall attach to the notice a copy of the application and of the documents accompanying it, the names and addresses of the ratepayers to whom the notice has been sent or on whom it has been served, and the text of this subdivision and of every pertinent by-law.

1982, c. 65, s. 2.

458.7. Subject to this subdivision, Chapters IV and VI of Title II of the Act respecting elections and referendums in municipalities (chapter E-2.2), adapted as required, apply to the registration and the poll.

1982, c. 65, s. 2; 1987, c. 57, s. 717.

458.8. The place where the register is to be open must be situated in the district or at a distance of not over two kilometres from the perimeter of the district.

1982, c. 65, s. 2.

458.9. In no case may the register be open before the expiry of fifteen days from the sending of the notice.

1982, c. 65, s. 2.

458.10. A ratepayer who has not received the notice from the clerk may sign the register if he proves that he has a place of business in the district. The procedure of registering signatures is not invalidated merely because a ratepayer having a place of business in the district did not receive the notice.

1982, c. 65, s. 2.

458.11. Not more than one signature may be registered for each place of business.

1982, c. 65, s. 2.

458.12. If a poll is to be held, the clerk shall, at least 15 days before the appointed day, send a notice by registered or certified mail to every ratepayer having a place of business in the district, or cause it to be served on him, informing him that a poll will be held within 90 days from the filing of the application.

1982, c. 65, s. 2.

458.13. If more than 50% of the ratepayers who have voted have indicated that they are in favour, the council may, by resolution, authorize the establishment of the association; otherwise, the application is denied and no new application may be filed before a period of six months has expired.

1982, c. 65, s. 2.

458.14. The resolution authorizing the establishment of the association shall indicate the name of the association and the limits of the commercial district in which it is to have jurisdiction.

The name of an association must be in conformity with section 9.1 of the Companies Act (chapter C‐38).

1982, c. 65, s. 2; 1993, c. 48, s. 198; 1999, c. 40, s. 51.

458.15. The head office of the association must be situated in the territory of the municipality.

1982, c. 65, s. 2; 1996, c. 2, s. 210.

458.16. The clerk shall transmit to the Inspector General of Financial Institutions three certified true copies of the resolution authorizing the establishment of the association. Subject to the second paragraph, the Inspector General shall, on receiving the three copies of the resolution,

(1)  deposit one copy in the register instituted in accordance with the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45),

(2)  transmit to the clerk and to the association or its authorized representative a copy of the resolution,

(3)  (paragraph repealed).

The Inspector General shall refuse to deposit in the register a resolution containing a name not in conformity with any of paragraphs 1 to 6 of section 9.1 of the Companies Act (chapter C‐38).

1982, c. 65, s. 2; 1982, c. 65, s. 3; 1993, c. 48, s. 199; 1999, c. 40, s. 51.

458.17. From the date of deposit, the association is a legal person.

1982, c. 65, s. 2; 1993, c. 48, s. 200; 1999, c. 40, s. 51.

458.17.1. Subject to section 458.17.2, sections 458.3 to 458.13, adapted as follows and as otherwise necessary, apply to a petition for dissolution:

(1)  the register is to be open to receive signatures from persons who are in favour of dissolution of the association;

(2)  the petition is deemed to be disapproved if the number of persons required for the holding of a poll is not attained.

1997, c. 93, s. 53.

458.17.2. If the petition for dissolution is approved, the clerk must send it to the board of directors of the association together with a certificate to the effect that the petition has been approved in accordance with the law.

The board of directors must, in accordance with the Companies Act (chapter C-38), file with the Inspector General of Financial Institutions an application for dissolution of the association.

1997, c. 93, s. 53.

458.18. To the extent that it is applicable, Part III of the Companies Act (chapter C-38) governs the association, particularly the provisions relating to dissolution, subject to this section and the by-law approved by the Inspector General of Financial Institutions.

However, section 103, except subsection 3, and sections 113, 114 and 123 of Part I of the said Act apply, mutatis mutandis, subject to this section and the by-law approved by the Inspector General of Financial Institutions.

The remedy provided for in section 123.27.1 of Part IA of the said Act, adapted as required, may be exercised in respect of the name of an association, subject to this subdivision and the by-law approved by the Inspector General.

1982, c. 65, s. 2; 1982, c. 65, s. 3; 1993, c. 48, s. 201.

458.19. The council may, by by-law, adopt provisions respecting the formalities of application to form an association, its composition, the responsibilities of the general meeting of members and of the board of directors, respectively, and any matter related to its organization, operation and dissolution.

Any by-law passed under the first paragraph must be submitted to the Inspector General of Financial Institutions.

1982, c. 65, s. 2; 1982, c. 65, s. 3; 1997, c. 93, s. 54.

458.20. The council shall regulate any other matter relating to the association, in particular, the terms and conditions respecting the establishment, collection and repayment of assessments and the transitional rules applicable where the territory of the association is modified. It shall do so by by-law.

It shall also approve the internal management by-laws of the association.

1982, c. 65, s. 2; 1993, c. 3, s. 96.

458.21. Within 15 days following the date of the organization meeting, the association shall transmit a notice of the address of its head office and a list of its directors to the Inspector General of Financial Institutions to be deposited by him in the register.

1982, c. 65, s. 2; 1982, c. 65, s. 3; 1993, c. 48, s. 202.

458.22. All the ratepayers having a place of business in the district are members of the association and, subject to section 458.23, have the right to vote at its meetings; they are entitled to one vote for each place of business.

1982, c. 65, s. 2.

458.23. Where all or part of an assessment becomes exigible, only the members who have paid their assessment may be elected to the board of directors and exercise their right to vote.

1982, c. 65, s. 2.

458.24. The board of directors is composed of nine persons. Six persons are elected by the general meeting from among the members of the association; one person is designated by the municipal council from among its members or from among the officers or employees of the municipality; and two persons are designated by the elected members of the board of directors. The latter two persons may not vote on financial matters.

1982, c. 65, s. 2; 1997, c. 93, s. 55.

458.25. At a general meeting specially convened for that purpose, the association shall adopt its budget which may include any project involving capital expenditures.

1982, c. 65, s. 2; 1993, c. 3, s. 97.

458.25.1. Every loan of the association whose object is the financing of a project involving capital expenditures must be authorized by the council.

1993, c. 3, s. 97.

458.26. The municipality may stand surety for the association as regards the repayment of a loan of the association.

The second and third paragraphs of subsection 3 of section 28 apply in respect of such a surety.

1982, c. 65, s. 2; 1996, c. 27, s. 16.

458.27. On receiving the budget, the council may approve it after ascertaining that all the formalities for its adoption have been complied with and may order by by-law an assessment for which it shall determine the mode of computation and the number of payments.

1982, c. 65, s. 2; 1993, c. 3, s. 98.

458.28. The rules governing the computation of the assessments of the members, the payments and the dates they become due are established by by-law. The rules may provide a minimum or maximum limit to the amount or share of the assessments that the members may be required to pay.

1982, c. 65, s. 2; 1993, c. 3, s. 99.

458.29. The assessments are ordered on the ratepayers having a place of business on the first day of the fiscal period for which the budget is deposited.

1982, c. 65, s. 2.

458.30. A ratepayer who begins to occupy a place of business in the district of an association during a fiscal period becomes a member of the association and, in the case of an existing place of business, succeeds to the rights and obligations of the preceding ratepayer, who then ceases to be a member.

1982, c. 65, s. 2.

458.31. (Repealed).

1982, c. 65, s. 2; 1993, c. 3, s. 101.

458.32. An assessment ordered under this subdivision is deemed a special business tax for the purposes of its collection and the clerk and the treasurer have all the powers vested in them in that respect by this Act and the Act respecting municipal taxation (chapter F-2.1). The assessments collected, minus collection costs, and the list of the members who have paid them are remitted to the association.

1982, c. 65, s. 2; 1993, c. 3, s. 102.

458.33. On the application of the board of directors of an association, the council may, by resolution, change the limits of the district of the association.

1982, c. 65, s. 2.

458.34. Every application under section 458.33 must, before being filed with the council, be approved by the members of the association at a general meeting specially convened for that purpose.

1982, c. 65, s. 2; 1993, c. 3, s. 103.

458.35. Every application under section 458.33 for the enlargement of the district of the association must, after it is received, be submitted for consultation to the ratepayers operating a place of business in the territory affected by the proposed addition.

Sections 458.4 to 458.13, adapted as required, apply for the purposes of such consultation.

1982, c. 65, s. 2; 1993, c. 3, s. 103.

458.36. (Replaced).

1982, c. 65, s. 2; 1993, c. 3, s. 103.

458.37. No application to change the limits of a district is receivable if the change results in reducing the number of members of the association to fewer than fifty.

1982, c. 65, s. 2.

458.38. The council resolution granting the application of an association extends or limits the jurisdiction of the association to the district thus changed.

1982, c. 65, s. 2.

458.39. An association may, according to the modalities and on the conditions established in its by-laws, for the voluntary membership of persons having a place of business outside the district or occupying an immovable, other than a place of business, situated in or outside the district.

1982, c. 65, s. 2; 1993, c. 3, s. 104.

458.40. The resolution changing the limits of the district of the association must be transmitted to the Inspector General of Financial Institutions in three certified true copies. On receiving the copies of the resolution, the Inspector General shall observe the procedures prescribed in section 458.16, mutatismutandis.

1982, c. 65, s. 2; 1982, c. 65, s. 3.

458.41. The change takes effect from the date of deposit of the resolution.

1982, c. 65, s. 2; 1993, c. 48, s. 203.

458.42. The council may, by by-law, on the conditions it determines, make grants to the associations that, in each case, may be in an amount equivalent to that part of the revenues of the association estimated in its budget and derived from members’ assessments or an amount not greater than the maximum amount established by the by-law.

1982, c. 65, s. 2.

458.43. If a special general meeting is called at the request of the members to deal with a particular subject, no second meeting may be held to deal with the same subject within the same fiscal period, except with the consent of the board of directors.

1982, c. 65, s. 2.

458.44. The provisions of this subdivision concerning a ratepayer operating or occupying a place of business apply to every mandatary of the State who is such a ratepayer.

1982, c. 65, s. 2; 1993, c. 3, s. 105; 1999, c. 40, s. 51.

§ 15 . — Abattoirs

459. The council may make by-laws:

(1)  (Paragraph repealed);

(2)  To prohibit the establishment of private abattoirs in the territory of the municipality;

(3)  To regulate the manner and route in and by which horned cattle and other animals shall be driven in the territory of the municipality, and the disposal of cattle intended for slaughter.

R. S. 1964, c. 193, s. 468; 1982, c. 64, s. 8; 1996, c. 2, s. 210.

§ 16 . — Various Trades and Industries

460. The council may make by-laws:

(1)  To regulate the carrying on of trades and industries of all kinds not specially mentioned in this Act;

(2)  (Paragraph repealed);

(3)  To license, regulate or prohibit pin-ball machines, billiards, pool, pigeon-hole tables, bowling alleys, bagatelle boards, shooting galleries, electronic games and electronic games arcades;

(4)  To license and regulate auction sales, except the auctions of live animals referred to in the Animal Health Protection Act (chapter P-42); to license and regulate runners, agents and solicitors for railway cars, vessels and houses of public entertainment;

(5)  To license and regulate pawnbrokers, second-hand dealers and junk dealers, and to compel all such persons to keep records of their transactions and make report thereof;

(6)  To license and regulate all peddlers, book-agents, canvassers, street hawkers, vendors and public criers doing business in the territory of the municipality;

(7)  To restrict and regulate the trade of hucksters and of persons buying articles brought into the territory of the municipality for the purpose of re-selling the same, and to impose dues and taxes on them for plying such trade, by license or otherwise;

(8)  To license and regulate keepers of intelligence or employment offices, and all persons doing the business of seeking employment for or furnishing employees to others; and to require such persons to keep registers of their transactions and to make reports thereof;

(9)  To authorize and regulate the granting of licences to owners of vehicles used in the territory of the municipality for the delivery of any goods, effects or merchandise except food, whether such owners reside in or outside the territory of the municipality, and to regulate the use of such vehicles in the territory of the municipality; in this paragraph, the word “vehicles” includes motor vehicles;

(10)  To prevent any person, residing outside the territory of the municipality, from carrying on his trade or business within that territory, without taking out a license and number of each vehicle used in the municipality for the purposes of such trade or business;

(11)  To prevent any person, residing outside the territory of the municipality (and not having a retail trade establishment), from carrying on any trade or business in that territory without being previously authorized thereto by a license;

(12)  To license or prohibit the use by itinerant players of hand-organs or other musical instruments in any or all the streets or public places;

(13)  To prohibit or license and to regulate the sale of any articles whatsoever in the streets and public places;

(14)  To regulate the sale of horses; and to impose a tax on horses sold or exposed for sale by horse-dealers in the territory of the municipality and to fix the rates to be paid therefor;

(15)  To regulate persons plying as ferrymen, and to establish a tariff of rates to be charged by such ferrymen;

(16)  To regulate, license or prohibit the teasing of wool, hair, and other like articles, and the collection of rags;

(17)  (Paragraph repealed);

(18)  To determine in what manner articles, except food, shall be sold and delivered, whether by quantity, measure or weight; and to compel all persons to observe in such matters the by-laws which the council may establish;

(19)  To authorize the seizure, at the time of an inspection, of all goods or merchandise offered for sale in the territory of the municipality which may be deficient in measure or weight;

(20)  To provide for and regulate the place and manner of weighing coal, hay and straw and selling the same, and measuring and selling firewood and lime;

(21)  To regulate, license or prohibit the use of places as dumps for discarded automobiles;

(22)  To regulate, license, prohibit or restrict to certain zones rooming-houses and boarding-houses, and determine, for the purposes of such by-law, the meaning of the terms “rooming-houses” and “boarding-houses”;

(23)  (Paragraph repealed).

R. S. 1964, c. 193, s. 469; 1972, c. 55, s. 80; 1982, c. 63, s. 135; 1982, c. 64, s. 9; 1992, c. 61, s. 124; 1996, c. 2, s. 167.

§ 17 . — Unclaimed Objects

461. The municipality may cause to be sold at auction, by a bailiff, without judicial formalities and after giving the notices required by the Civil Code, any lost or forgotten movables it holds which have not been claimed within 60 days, any movables it holds which are referred to in article 943 of the Civil Code, and any movables without an owner which it collects in its territory.

Vehicles without a motor or in a ruinous state which are left in public places and not claimed within 10 days are presumed to be abandoned and without an owner.

R. S. 1964, c. 193, s. 470; 1968, c. 55, s. 125; 1974, c. 13, s. 36; 1979, c. 36, s. 82; 1985, c. 27, s. 20; 1992, c. 61, s. 125; 1992, c. 57, s. 470; 1999, c. 40, s. 51.

§ 18 . — Cemeteries, Burials and Causes of Death

462. The council may make by-laws:

(1)  To regulate or prevent the burial of the dead within the territory of the municipality;

(2)  To regulate and determine the manner in which bodies may be disinterred;

(3)  To regulate and control the establishment of cemeteries;

(4)  To cause the removal of bodies interred contrary to law, and to vacate or discontinue any cemetery, and cause the removal of any bodies interred therein;

(5)  To compel the persons in charge of any cemetery in the territory of the municipality, or outside thereof when the cemetery is used for interring the remains of persons dying in the territory, to deliver to the council annual returns of the total number of persons who died in the territory of the municipality and were buried in such cemetery during the year;

(6)  To exact that, in all cases of death occurring in the territory of the municipality, a certificate be deposited in the office of the council, and that such certificate be made in the form and manner determined by the council, and also to adopt other means to obtain exact returns respecting mortality and the causes of death;

(7)  To authorize the medical health officer or any other officer or employee of the municipality authorized by the council to make such inquiries as he may deem necessary, when no certificate of death has been produced, or when the certificate does not disclose the cause of death, so as to establish as precisely as possible the cause of death and other particulars which the protection of public health may require;

(8)  To prevent any corpse being taken out of the territory of the municipality without a special permit from the medical health officer or any other officer or employee of the municipality authorized by the council, without prejudice to the laws respecting coroners’ inquests and postmortem examinations.

R. S. 1964, c. 193, s. 471; 1968, c. 55, s. 5; 1996, c. 2, s. 168.

§ 19 . — Nuisances

463. The council may make by-laws:

(1)  To define what shall constitute a nuisance and to abate the same, and to prescribe fines for persons who create, continue or suffer nuisances to exist;

(2)  To decree that for the owner, lessee or occupant of a vacant or partly built lot or land to leave upon such lot or land one or more motor vehicles built more than seven years previously, having no markers for the current year and in such a condition that they cannot be driven, to allow branches, brush or weeds to grow on such lot or land or to leave scrap iron, rubbish, refuse, paper, empty bottles or noxious substances thereon constitutes a nuisance.

To prescribe fines for the owner, lessee and occupant who permit such nuisances on such lots or land, or to take or impose any measure intended to eliminate or prevent such nuisances.

A judge may, within the time he prescribes, order that the nuisances which are the subject of the offence be removed by the owner, lessee or occupant convicted of the offence. Where the person fails to comply within the prescribed time, the nuisances may be removed by the municipality at the expense of that person.

Prior notice of the application for an order shall be given by the prosecutor to the person who could be compelled, under such an order, to remove the nuisances, except where the parties are in the presence of the judge.

For the purposes of this paragraph the expression “motor vehicle” means any vehicle within the meaning of the Highway Safety Code (chapter C‐24.2);

(3)  To declare the emission of sparks, cinders, soot or smoke from chimneys, and other sources, in the territory of the municipality, a nuisance, and to prescribe measures calculated to prevent it;

(4)  To regulate or prohibit the ringing of bells and chimes, the blowing of whistles and the making of other noises, the ringing of bells and whistling of locomotives and steamboats and the discharge of steam, cinders, sparks and smoke therefrom;

(5)  To require any person who soils municipal property appropriated to public utility to carry out cleaning operations in the manner prescribed by by-law and to order that any person who contravenes the by-law, in addition to any penalty, shall become debtor to the municipality for the cost of cleaning operations carried out by the municipality.

R. S. 1964, c. 193, s. 472; 1974, c. 45, s. 7; 1979, c. 36, s. 83; 1981, c. 7, s. 536; 1986, c. 91, s. 655; 1990, c. 4, s. 177; 1992, c. 61, s. 126; 1996, c. 2, s. 210; 1996, c. 27, s. 17; 1999, c. 40, s. 51.

§ 19.1 . — Pesticide application

1998, c. 31, s. 15.

463.1. Subject to the Pesticides Act (chapter P-9.3) and the Environment Quality Act (chapter Q-2), the municipality may, with the consent of the owner of an immovable, carry out pesticide application works on the immovable.

1998, c. 31, s. 15.

§ 20 . — Indemnities, Relief and Rewards

464. The council may make by-laws:

(1)  To indemnify persons whose property has been destroyed or injured, either wholly or in part, by rioters or persons tumultuously assembled, within the territory of the municipality.

The council may levy, over and above any other tax, on the taxable property in the territory of the municipality, the amount which the municipality may be held to pay in damages for damage caused to property by rioters or persons riotously assembled.

In default of the council paying such damages within six months, according to the decision of arbitrators, the municipality may be sued before any competent court for the damages so occasioned;

(2)  To relieve any person who has received any wound or contracted any sickness or disease at a fire;

(3)  To grant rewards, in money or otherwise, to any person who performs a meritorious action at a fire, or who saves or endeavours to save anyone from drowning or from other serious danger;

(4)  To provide for the wants of the family of any person who loses his life at a fire, or while saving or endeavouring to save any one from a serious danger;

(5)  To contribute to the maintenance or support of poor persons residing in the territory of the municipality, who, from infirmity, age or other causes, are unable to earn their own livelihood;

(6)  To establish and maintain houses of refuge, and other establishments for the support and relief of the destitute, and to subsidize institutions operating a hospital centre within the meaning of the Act respecting health services and social services (chapter S‐4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S‐5) or charitable institutions established in the territory of the municipality or elsewhere in Québec;

(7)  To offer and give rewards for the discovery and arrest of criminals;

(8)  To establish and maintain, on the conditions prescribed by the by-law, a pension plan for the benefit of the officers and employees of the municipality or to participate in such a plan ; to make, for that purpose, if need be, any agreement with a life insurance company or a trust company or with a legal person or government issuing life annuities ; to grant subsidies for the establishment and maintenance of the plan ; to fix the maximum age of the officers and employees and the contributions which they and the municipality must pay into the plan’s pension fund ; to cause to be assumed by the municipality the contributions required to enable the officers and employees to be credited, for the purposes of the pension plan, with their previous years of service, and borrow the sums required for that purpose by the by-law creating or amending the plan.

A by-law passed under this paragraph may establish classes of officers or employees and prescribe that the pension plan is restricted to a certain class or that separate plans are established for each class.

The council may, at the request of any mandatary body of the municipality or any supramunicipal body within the meaning of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R‐9.3) whose territory comprises that of the municipality, made by way of a resolution approved by the majority of the employees of the said body, include those employees within the scope of a by‐law contemplated in the first paragraph. The body concerned shall deduct the employees’ contributive shares from their salary or remuneration and shall pay them to the municipality at the same time as its own contributive share. The by‐law by which the council integrates the employees of the body must specify the terms and conditions of the integration.

A by-law establishing a pension plan requires only the approval of the majority of the officers and employees referred to in the by-law even if the by-law prescribes a loan. Such approval may, in respect of the officers and employees represented by a certified association, be given by the association.

The Supplemental Pension Plans Act (chapter R-15.1) applies to a pension plan referred to in this subparagraph, except where the plan is referred to in section 2 of that Act. Every by-law to establish or amend a pension plan may have effect retroactively to the first effective date of the pension plan or any amendment to it under the Supplemental Pension Plans Act.

(9)  To aid, by any means deemed advisable, the settlement of Québec, and agriculture, horticulture, arts and sciences, within the territory of the municipality or, where that territory is comprised within that of an agricultural society, within the territory of the society;

(10)  To take out insurance policies on the lives of all the officers and employees of the municipality or of any special class of officers or employees which the by-law determines, under the system known as “group insurance”, and pay the whole or part of the premium required, out of the general funds of the municipality; to pay, in whole or in part, on behalf of the officers and employees of the municipality, out of the general funds of the municipality, the premium required for any group insurance plan respecting medical, surgical and hospital costs for them and their dependents; to pay, in whole or in part, out of the general funds of the municipality, for and on behalf of the officers and employees of the municipality, the premium required for any sickness or disability group salary insurance plan.

The council may, at the request of any mandatary body of the municipality or any supramunicipal body within the meaning of the Act respecting the Pension Plan of Elected Municipal Officers whose territory comprises that of the municipality, include the employees of the body within the scope of a by-law contemplated in the first paragraph. The body concerned shall deduct the employees’ contributive shares of the cost of the premium from their salary or remuneration and shall pay them to the municipality at the same time as its own contributive share. The by-law by which the council integrates the employees of the body must specify the terms and conditions of the integration.

The council may, by by-law, take out liability insurance for the benefit of its officers and employees.

The members of the council, as long as they remain in office, may participate in the group insurance and liability insurance taken out by the council under this paragraph, on the same conditions as those applicable to the officers and employees mentioned in that paragraph.

Every by-law adopted under this paragraph may have effect retroactively to the effective date of the insurance policy or the amendment to it, as the case may be.

(11)  To provide for the redemption of the number of sick days accumulated by the employees and officers of the municipality.

However, the council may exercise its powers under subparagraphs 8, 10 and 11 of the first paragraph by resolution.

R. S. 1964, c. 193, s. 473; 1968, c. 55, s. 126; 1971, c. 48, s. 161; 1974, c. 45, s. 8; 1977, c. 5, s. 14; 1980, c. 16, s. 80; 1982, c. 2, s. 34; 1984, c. 38, s. 12; 1986, c. 31, s. 6; 1987, c. 42, s. 4; 1989, c. 38, s. 268; 1992, c. 27, s. 6; 1992, c. 21, s. 123; 1994, c. 23, s. 23; 1996, c. 2, s. 169; 1996, c. 27, s. 18; 1999, c. 40, s. 51; 2001, c. 68, s. 11.

465. The fringe benefits accumulated by an officer or employee who is subsequently employed by another municipality which offers such benefits are transferable at the request of such officer or employee.

The fringe benefits contemplated in the preceding paragraph include the benefits accumulated in a pension plan or fund administered by the employer, by the employer and the employees or by a third person on behalf of the municipal officers and employees; they do not include the benefits provided under a pension plan to which the Supplemental Pension Plans Act applies (chapter R-15.1).

1974, c. 45, s. 9; 1975, c. 66, s. 16; 1977, c. 5, s. 14; 1986, c. 31, s. 7; 1989, c. 38, s. 269.

§ 20.1 . — Damage insurance

1992, c. 27, s. 7.

465.1. Municipalities may file with the Minister of Municipal Affairs and Greater Montréal a joint application for the constitution of a legal person the object of which is to transact damage insurance business exclusively for the municipalities that are members thereof and their mandatary bodies within the meaning of section 18 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R‐9.3).

For the purposes of this subdivision, the word “municipality” means any municipality, by whatever law governed.

1992, c. 27, s. 7; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 56, s. 114.

465.2. The council of each of the applicant municipalities must adopt a by-law whereby it approves the agreement referred to in section 465.3 and authorizes the filing of the application.

1992, c. 27, s. 7.

465.3. The application must be accompanied with an agreement applicable to the members indicating

(1)  the name of the legal person;

(2)  the name of the applicant municipalities;

(3)  the place in Québec where the head office of the legal person will be situated;

(4)  the proposed classes of damage insurance;

(5)  the name, address and occupation of each member of the first board of directors of the legal person;

(6)  the mode of determination and payment of the annual contribution and of any other contribution required of the municipalities, and the classes of municipalities established for that purpose, where that is the case;

(7)  any other measure necessary for the administration and operation of the legal person, in particular measures concerning the participation, withdrawal or expulsion of a member, that is not inconsistent with the legislative provisions applicable pursuant to section 465.10.

The name of the legal person must be in conformity with section 9.1 of the Companies Act (chapter C‐38).

1992, c. 27, s. 7; 1993, c. 48, s. 204; 1999, c. 40, s. 51.

465.4. The application must, in addition, be accompanied with the following documents:

(1)  a development plan supported by a budgeted statement of the balance sheet, operating account and surplus account over a period of not less than three years, showing the calculation assumptions used;

(2)  the résumé of each of the proposed directors.

1992, c. 27, s. 7.

465.5. The Minister of the Inspector General of Financial Institutions may require any other information or document he considers necessary for the evaluation of the application or documents accompanying it.

1992, c. 27, s. 7.

465.6. After receiving the advice of the Inspector General stating that the proposed constitution is financially viable, the Minister may request the latter to issue letters patent to constitute the legal person.

The Minister shall refuse to authorize the constitution of a legal person if the agreement contains a name that is not in conformity with any of paragraphs 1 to 6 of section 9.1 of the Companies Act (chapter C‐38).

The Inspector General shall deposit the letters patent he issues in the register constituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45).

1992, c. 27, s. 7; 1993, c. 48, s. 205; 1999, c. 40, s. 51.

465.7. Upon the issuance of the letters patent, the legal person is constituted.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

465.8. The Inspector General shall, at the Minister’s request, issue supplementary letters patent to amend the letters patent or supplementary letters patent of a legal person.

The second paragraph of section 465.6 applies in respect of supplementary letters patent.

The supplementary letters patent may be issued only if the amendment embodied therein has been the subject of an application ratified by two-thirds of the members of the legal person.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

465.9. Where letters patent contain a misnomer, a misdescription or a clerical error, the Inspector General may, if there is no adverse claim, direct that the letters patent be corrected or cancelled and that correct ones be issued.

The corrected letters patent shall be deposited in the register by the Inspector General. They have effect from the date of deposit of the original letters patent, subject to the rights acquired by third persons.

1992, c. 27, s. 7; 1993, c. 48, s. 206.

465.9.1. The remedy provided for in section 18.1 of the Companies Act (chapter C‐38), adapted as required, may be exercised in respect of the name of a legal person.

1993, c. 48, s. 207; 1999, c. 40, s. 51.

465.10. The provisions of the Act respecting insurance (chapter A‐32) apply, adapted as required, to a legal person as if it were a mutual damage insurance company and an insurer, with the exception of sections 33.1 to 33.3, 88.1, 93.1, 175 to 200, 210, 223 to 242, 245, 245.0.1, 246 to 247.1 and 406.2.

The second and third paragraphs of section 35 of the said Act apply to a legal person as if it were constituted by a special Act.

For the purposes of section 319 of the said Act, the number of members required shall not be fewer than 10 % of the membership.

Section 404.1 of the said Act applies to a legal person.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

465.11. A legal person may invest its moneys in accordance with the rules governing the investment of the property of others provided in the Civil Code of Lower Canada. It may also invest its moneys in accordance with the second paragraph of section 99 of this Act or paragraph d of section 245.0.1 of the Act respecting insurance (chapter A‐32).

1992, c. 27, s. 7; 1999, c. 40, s. 51.

465.12. A director of a legal person need not be a member of the council of a municipality that is a party to the agreement.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

465.13. If the Inspector General is of the opinion that the contributions which the municipalities are required to pay are no longer sufficient, in view of the obligations of the legal person, to maintain assets that exceed its liabilities for an amount equal to or greater than the minimum amount required under section 275 of the Act respecting insurance (chapter A‐32), he may order the legal person, after giving it the opportunity to present observations, to increase the contributions by the amount and for the period he determines, so as to cover the operating costs of the legal person.

The municipalities are thereupon bound to pay the required contributions.

The order is deemed to be an order made under the Act respecting insurance.

1992, c. 27, s. 7; 1997, c. 43, s. 165; 1999, c. 40, s. 51.

465.14. Any municipality may, by a by-law which requires only the approval of the Minister, order a loan for the payment of a contribution.

1992, c. 27, s. 7.

465.15. No member may withdraw from the legal person before the expiry of three years after the date on which it became a member.

After the three-year period, the withdrawal of a member is subject to the authorization of the Inspector General.

The Inspector General shall grant his authorization

(1)  if he considers that the legal person remains financially viable despite the withdrawal;

(2)  if the legal person agrees to comply with the conditions he considers necessary for the legal person to remain financially viable despite the withdrawal.

If the legal person cannot, in the opinion of the Inspector General, remain financially viable despite the withdrawal or if the legal person refuses to comply with the conditions considered necessary by the Inspector General, the latter shall order the winding-up of the legal person and appoint a liquidator.

The Inspector General shall, before ordering the winding-up of the legal person, give it an opportunity to present observations in writing within 30 days after the sending of a notice in which he informs the legal person of his intention to order its winding-up.

The order has the same effect as an order rendered by a judge of the Superior Court under section 25 of the Winding-up Act (chapter L‐4).

Where the Inspector General orders the winding‐up of the legal person, he shall deposit a notice to that effect in the register.

The provisions of Chapter XI of Title IV of the Act respecting insurance (chapter A‐32) also apply, adapted as required, to the winding-up so ordered to the extent that they are not inconsistent with the provisions of the Act respecting insurance.

This section also applies in cases of expulsion of a member of the legal person.

1992, c. 27, s. 7; 1993, c. 48, s. 208; 1999, c. 40, s. 51.

465.16. The voluntary winding-up of a legal person must be authorized by the Minister.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

465.17. Notwithstanding any provision to the contrary, a legal person is not required, to obtain an insurer’s licence, to undertake to be party to a standard-form contract and to maintain the conditions stated therein with the Property and Casualty Insurance Compensation Corporation.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

465.18. The Minister must, between 23 June 1996 and 23 June 1997, report to the Government on the application of the provisions of this subdivision.

The report shall be tabled within the following 15 days before the National Assembly if it is in session or, if it is not sitting, within 15 days following resumption.

1992, c. 27, s. 7.

§ 21 . — Aid in the Construction, Improvement and Maintenance of Public Works or Undertakings foreign to the Municipality

466. The council may make by-laws:

(1)  To assist by money, granted or lent, in the construction, repair or maintenance of any road leading to the territory of the municipality, or of any bridge or public work, under the direction of any municipality;

(2)  To acquire, jointly with the regional county municipality whose territory comprises that of the municipality, or with a local municipality whose territory is comprised in that of the same regional county municipality, machines, stone-crushers, rollers and engines for the improvement of the roads, by-roads and streets in the territory of the regional county municipality; to fix the price for and, where applicable, the conditions of the use of such equipment by a local municipality whose territory is comprised in that of the same regional county municipality;

(3)  (Subparagraph repealed);

(4)  To aid in the construction of any bridge, causeway, pier, wharf, slide, macadamized or paved road, railway, or other public works, situated in whole or in part within the territory of the municipality or in its vicinity, undertaken and built by any duly constituted legal person, or by the Gouvernement du Québec, or by any person:

(a)  By taking and subscribing for shares in any company formed for such purpose;

(b)  By giving or lending money or securities or by giving the ownership or enjoyment of any immovable property to such company or to the Gouvernement du Québec or to such person;

(c)  By guaranteeing by endorsation or otherwise any sum of money borrowed by such company or by such person;

(d)  (Subparagraph repealed);

(5)  To subscribe for or hold stock in any company formed for the purpose of constructing telegraph or telephone lines;

(6)  To supply money to help in the building of bridges, built with the assistance of the Gouvernement du Québec and according to plans approved by the Ministère des Transports, or by the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation, within or without the territory of the municipality;

(7)  In the same way, to aid in the maintenance of such bridges for the future.

Every by-law passed under paragraph 4 or 5 of the first paragraph must be submitted for approval to the qualified voters and to the Government.

By-laws made under this section may determine the conditions on which the assistance or the subscription for shares is authorized.

R.S. 1964, c. 193, s. 474; 1966-67, c. 48, s. 22; 1968, c. 55, s. 127; 1969, c. 55, s. 23; 1972, c. 54, s. 32; 1973, c. 22, s. 22; 1974, c. 47, s. 8; 1975, c. 66, s. 17; 1977, c. 5, s. 14; 1979, c. 72, s. 306; 1979, c. 77, s. 21; 1987, c. 57, s. 718; 1992, c. 54, s. 57; 1996, c. 2, s. 170; 1999, c. 40, s. 51.

§ 21.1 . — Financial assistance to certain enterprises and to certain organizations

1996, c. 27, s. 19; 1997, c. 53, s. 3.

466.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), every municipality whose territory is not situated within the territory of a regional county municipality may, by by-law, give or lend money to an investment fund intended to provide financial support to enterprises in a start-up or developmental phase that are situated in its territory.

The fund must be administered by a non-profit organization established for that purpose and accredited by the Minister of Municipal Affairs and Greater Montréal.

The by-law must indicate the maximum contribution, not to exceed $500,000, that the municipality may make to the fund.

1996, c. 27, s. 19; 1999, c. 43, s. 13; 2000, c. 56, s. 223.

466.1.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every municipality whose territory is not situated within the territory of a regional county municipality may, by by-law, establish a fund for the purpose of providing financial support for operations to develop lands or forest resources in the domain of the State or private lands or forest resources.

1998, c. 31, s. 16; 1999, c. 40, s. 51; 2001, c. 6, s. 135; 2000, c. 56, s. 223.

466.1.2. A fund established under section 466.1.1 must be administered by the municipality. The municipality may, by by-law, delegate all or part of the administration of the fund to any person it designates.

1998, c. 31, s. 16.

466.1.3. In addition to the sums provided for in section 29.18, the fund shall receive, in particular, the sums paid into it pursuant to a forest management contract entered into in accordance with Division II of Chapter IV of the Forest Act (chapter F-4.1).

1998, c. 31, s. 16.

466.2. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every municipality whose territory is not situated within the territory of a regional county municipality shall provide financial support to the local development centre accredited under the Act respecting the Ministère des Régions (chapter M-25.001) serving its territory.

1997, c. 53, s. 4; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 17; 2000, c. 56, s. 223.

466.3. The municipality shall make an annual contribution in support of the local development centre referred to in section 466.2 by the payment of a sum the amount of which shall be determined by a by-law it adopts or according to rules prescribed in the by-law.

If there is no such by-law in force at the time of adoption of the budget of the municipality for a fiscal year, the amount of the sum required to be paid by the municipality for the fiscal year is the amount determined in accordance with the regulation under the third paragraph.

The Government may, by regulation, prescribe the rules for the determination of the amount of the sum that the municipality is required to pay in the circumstance described in the second paragraph. The regulation may prescribe separate rules for each municipality referred to in section 466.2.

Where several local development centres carry on their activities in the territory of the municipality, the by-law provided for in the first paragraph shall prescribe rules for the apportionment of the sum among those centres.

The second and third paragraphs do not apply to Ville de Laval.

1997, c. 53, s. 4; 1997, c. 93, s. 56; 1997, c. 91, s. 50; 1998, c. 31, s. 18.

§ 22 . — Organizing a public transport service

1983, c. 45, s. 35.

467. The council may, by a by-law a copy of which must be sent to the Minister of Transport, organize a public transport service in the territory of the municipality and provide links to points outside the territory. The proposed service must be described in the by-law.

1968, c. 55, s. 128; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1979, c. 36, s. 84; 1983, c. 45, s. 35; 1984, c. 38, s. 13.

467.1. No transport service described in section 467 may be supplied by anyone but a carrier that is a public body providing public transport, the holder of bus transport permit, the holder of a taxi permit, a group of taxi permit holders or a school bus carrier under contract with the municipality.

The contract may be made without calling for tenders; where the council calls for tenders, it is not required to accept any tender whatsoever.

Where the contract is made with a school bus carrier, the carrier may use vehicles other than school buses or vehicles of the minibus type. The carrier shall not, in such a case, use those vehicles to transport pupils.

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1985, c. 35, s. 1.

467.2. Where the municipality organizes for the first time a public transport service, other than a shared transportation service by taxi, and where the holder of a bus transport permit of the class determined by regulation of the Government operates in its territory, the municipality shall first deliver its specifications for the proposed public transport service to the holder of the permit.

The permit holder may, within 30 days following the delivery of the specifications, submit a proposal to the municipality.

The Government may, by regulation, determine the class of bus transport permit a person is required to hold under this section.

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1985, c. 35, s. 2; 1986, c. 66, s. 8.

467.3. Failing an agreement with the permit holder within 90 days following the delivery of the specifications, the municipality may call for tenders.

The municipality shall, within 30 days after the opening of tenders, negotiate again with the permit holder after notifying all the tenderers in writing and make the contract with the holder if he agrees to execute the contract at the price of the lowest tender or at a lower price.

No changes may be made to the specifications for the purposes of the call for tenders or the negotiation.

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1985, c. 35, s. 2.

467.3.1. Notwithstanding section 40 of the Transport Act (chapter T-12), the Commission des transports du Québec, following the receipt of a copy of the contract made by the municipality to organize a public transport service other than a shared transportation service by taxi, shall amend or, if necessary, revoke any bus transport permit of the class determined by the regulations under section 467.2 authorizing its holder to operate, in the territory of the municipality, a service that would compete with the service provided under the contract. The permit shall be amended or revoked only to the extent that such amendment or revocation is necessary to eliminate competing services.

This section applies even where the holder of the permit is a party to the contract. It does not apply where the municipality organizes a public transport service for the first time and the contract is made for a period of less than six months.

The Commission shall, before amending or revoking a permit under the first paragraph, notify the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the permit holder at least 10 days to present observations.

1986, c. 66, s. 9; 1988, c. 25, s. 1; 1997, c. 43, s. 166.

467.4. Upon making a contract, the council shall send a copy to the Minister of Transport and to the Commission des transports du Québec.

Where the contract provides that the remuneration of the carrier shall be based, in whole or for the greater part, on the number of passengers carried, it must indicate, on an annual basis, the number of passengers projected by the parties and contain a clause whereby the municipality undertakes to make up any insufficiency of receipts due to a smaller number of passengers than the number projected in the contract.

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1985, c. 35, s. 3; 1986, c. 66, s. 10.

467.5. The council, by resolution, shall fix the various passenger fares according to the classes of users it determines.

The council may also make changes in the service; such changes shall be made by by-law of the council, except schedule changes which may be made by resolution.

A certified copy of every resolution concerning fares or schedules shall be published in a newspaper circulated in the territory of the municipality and shall be posted in every vehicle. No fare or schedule change may come into force before the expiry of 30 days after the date of publication and posting.

A carrier shall collect fares and supply any new service. Every contract must contain clauses for adjusting the contract price to take account of changes in the service.

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1988, c. 25, s. 3.

467.6. Where a member of the council moves the adoption of a by-law to make a change in a service, he shall table a draft by-law. A summary of the draft requires to be published in a newspaper circulated in the territory of the municipality and to be posted up in the vehicles of the carrier not less than 30 days before the adoption of the by-law.

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1988, c. 25, s. 4.

467.7. A copy of a by-law of the council making a change in the service must be transmitted to the Minister of Transport.

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1984, c. 38, s. 14.

467.7.1. Where the council makes a by-law under section 467 or 467.5 by which it provides for the establishment of links to points outside the territory of the municipality or for changes therein the Minister of Transport may, within 30 days after receiving a copy of the by-law, disallow the by-law in respect of such links. The Minister shall then notify the council and cause his decision to be published in the Gazette officielle du Québec.

Notwithstanding the first paragraph, the Minister may, before the expiry of the period, inform the council that he does not intend to disallow the by-law.

1985, c. 35, s. 4; 1996, c. 2, s. 171.

467.7.2. Every draft by-law of a council providing for the establishment of links to any point within the territory of a public body providing public transport or for changes therein shall be sent to the public body and to each local municipality whose territory is comprised in that of the body and is affected by the proposed route, at least 30 days before the date set for the adoption of the by-law.

1985, c. 35, s. 4; 1988, c. 25, s. 5; 1996, c. 2, s. 172.

467.7.3. In cases provided for in section 467.7.2, the council shall, when sending its by-law to the Minister of Transport, attach to it a copy of the notices it has received from the public body providing public transport and from the municipalities to which the draft by-law has been sent.

1985, c. 35, s. 4; 1988, c. 25, s. 6.

467.7.4. The council, by resolution and without calling for tenders, may make a contract with a carrier referred to in section 467.1 to provide, on the occasion of a special event, in the territory of the municipality, a temporary public transport service which does not compete with the service provided by a permit holder pursuant to his permit.

1988, c. 25, s. 7.

467.8. The council may lease or acquire property for the purposes of organizing a public transport service, and entrust the property to the carrier under contract with it. It may also make service contracts.

1983, c. 45, s. 35.

467.9. (Repealed).

1983, c. 45, s. 35; 1985, c. 35, s. 5; 1988, c. 25, s. 8.

467.10. (Repealed).

1983, c. 45, s. 35; 1988, c. 25, s. 9.

467.10.1. Transport supplied under sections 467 to 467.10 is not subject to the jurisdiction of the Commission des transports du Québec.

1985, c. 35, s. 6.

467.10.2. In no case may the Commission des transports du Québec issue a bus transport permit or alter the service that the holder of a bus transport permit is authorized to supply in the territory of a municipality, a group of municipalities or an intermunicipal board that organizes a public transport service, without the prior authorization of the municipality, of the municipality that is the mandatary of the group of municipalities or of the intermunicipal board.

If the municipality or the intermunicipal board does not indicate its refusal to the Commission des transports du Québec within 60 days after the Commission’s application for authorization, it is deemed to have given its authorization.

This section does not apply in the case of a cancellation or reduction of service or in the case of the establishment of a new service which does not compete with the public transport service organized by the municipality, by the municipality that is the mandatary of the group of municipalities or by the intermunicipal board.

1985, c. 35, s. 6; 1986, c. 66, s. 11; 1999, c. 40, s. 51.

467.10.3. For the purposes of this subdivision, unless the context indicates another meaning, the service consists of the routes, frequency and schedule of trips.

1985, c. 35, s. 6; 1988, c. 25, s. 10.

467.10.4. The board may take any measure it considers appropriate to promote the organization and operation of public transport services not organized by the board itself and to supply support services to users and organizers of such transport services.

1986, c. 66, s. 12; 1988, c. 25, s. 11.

467.10.5. The council, by resolution, may grant a subsidy to the holder of a bus transport permit who provides transport service in the territory of the municipality or who maintains a route in the territory.

1988, c. 25, s. 12; 1997, c. 53, s. 5.

467.10.6. This subdivision, adapted as required, applies to an intermunicipal board exercising powers provided for therein.

1988, c. 25, s. 12.

467.10.7. This subdivision does not apply to a municipality whose territory forms part of the territory of a public body providing public transport.

1988, c. 25, s. 12.

§ 22.1 . — Transportation of handicapped persons

1983, c. 45, s. 35.

467.11. The council, by resolution a copy of which must be sent to the Minister of Transport, may contract with any person to provide a special transportation service in the territory of the municipality for handicapped persons and to provide links to points outside the territory. The proposed service must be described in the resolution.

1983, c. 45, s. 35; 1984, c. 23, s. 1; 1984, c. 38, s. 15; 1988, c. 25, s. 13.

467.12. The contract may be made without calling for tenders.

As soon as the contract is made, the council shall send copy thereof to the Minister of Transport and to the Commission des transports du Québec.

1983, c. 45, s. 35; 1988, c. 25, s. 14.

467.12.1. The council, by resolution, shall fix the various passenger fares according to the classes of users it determines. It may also, by resolution, make changes in the service.

A certified copy of every resolution concerning fares shall be published in a newspaper circulated in the territory of the municipality and shall be posted in each vehicle. No fare may come into force before the expiry of 30 days after the date of publication and posting.

The carrier shall collect fares and provide any new service. Every contract must contain clauses for adjusting the contract price to take account of changes in the service.

1988, c. 25, s. 14.

467.13. Sections 467.11 to 467.12.1 apply, with the necessary modifications, to an intermunicipal board exercising powers thereunder.

1983, c. 45, s. 35; 1988, c. 25, s. 15.

467.14. The council may also, by resolution a copy of which must be sent to the Minister of Transport, grant a subsidy to any non-profit body that organizes a special transportation service for handicapped persons in the territory of the municipality and that, where such is the case, provides links to points situated outside the territory. No such subsidy may be granted before the municipality and the body make an agreement on the service to be operated.

Upon making the agreement, the council shall send a copy to the Minister of Transport.

1983, c. 45, s. 35; 1984, c. 23, s. 2; 1984, c. 38, s. 16; 1988, c. 25, s. 16.

§ 22.2 . — Management of municipal roads

1992, c. 54, s. 58.

467.15. This subdivision applies to a street or a road which is the property of a municipality and is not under the management of the Minister of Transport.

For the purposes of this subdivision, a road includes its infrastructure and all the works and installations needed for its improvement and management.

1992, c. 54, s. 58.

467.16. Subject to any agreement, each local municipality is responsible for the management of all roads or parts of a road situated in its territory.

It is bound to carry out the inspection of the bridges for whose maintenance it is responsible.

1992, c. 54, s. 58.

467.17. Where a road is crossed by the common boundary of the territories of two local municipalities, in such a way that responsibility for the management of the parts of the road situated on either side of the boundary must be assumed by the same municipality in order for the road to be maintained in a good state of repair at that place, the municipalities must enter into an agreement to that end in accordance with the Act governing each municipality.

1992, c. 54, s. 58.

467.18. If the municipalities fail to enter into an agreement under section 467.17, either one may request that the Commission municipale du Québec rule on whether responsibility for the management of the parts of the road situated on either side of the common boundary of the municipal territories need be assumed by the same municipality, and, if necessary, decide which of the municipalities shall have that responsibility and prescribe rules for the apportionment of expenses.

The clerk or secretary-treasurer of the municipality making the request must, as soon as possible after the adoption of the resolution setting out the request, forward a certified copy thereof to the other municipality.

1992, c. 54, s. 58.

467.19. Where a request under section 467.18 has been brought before the Commission, it may, after inquiry, either rule that there is no need for the responsibility for the management of the parts of the road situated on either side of the common boundary of the municipal territories to be assumed by the same municipality, or rule that uniform management is necessary, decide which municipality shall be responsible and prescribe rules for the apportionment of expenses.

For the purposes of the first paragraph of section 467.16, a decision of the Commission entrusting a municipality with responsibility for the management of a part of a road which is not situated in its territory is held to be an agreement. Such a decision retains its effect until the coming into force of an agreement entered into by the municipalities under section 467.17.

1992, c. 54, s. 58; 1999, c. 40, s. 51.

467.20. This subdivision has precedence over any contrary provision of this Act or of any other Act applicable to a municipality.

1992, c. 54, s. 58; 1996, c. 2, s. 173; 2000, c. 56, s. 115.

§ 23 . — Intermunicipal agreements

1979, c. 83, s. 5.

(a) Agreement

1979, c. 83, s. 5.

468. Every municipality may make an agreement with any other municipality, regardless of the law governing it, relating to all or part of any field within its jurisdiction.

Where several municipalities, by means of an agreement, share the services of an officer whom each municipality must have or appoint according to law, each party to the agreement is deemed to comply with that obligation.

R. S. 1964, c. 193, s. 475; 1968, c. 55, s. 129; 1969, c. 55, s. 24; 1979, c. 83, s. 5; 1982, c. 63, s. 136; 1983, c. 57, s. 54; 1984, c. 38, s. 17; 1992, c. 65, s. 25; 1996, c. 2, s. 174; 1996, c. 27, s. 20; 1998, c. 31, s. 19; 2000, c. 56, s. 116.

468.0.1. (Repealed).

1985, c. 27, s. 21; 1986, c. 31, s. 8.

468.1. The agreement mentioned in section 468.10 must be approved by the Minister of Municipal Affairs and Greater Montréal.

When submitted for approval, the agreement must be accompanied with the resolutions by which it was authorized.

The first two paragraphs also apply to any agreement amending the agreement mentioned in section 468.10.

1979, c. 83, s. 5; 1994, c. 33, s. 9; 1996, c. 27, s. 21; 1999, c. 43, s. 13.

468.2. (Repealed).

1979, c. 83, s. 5; 1996, c. 27, s. 22.

468.3. The agreement must include

(1)  a detailed description of its object;

(2)  the mode of operation, determined in accordance with section 468.7;

(3)  the mode of apportionment of the financial contributions among the municipalities that are parties to the agreement;

(4)  an indication of the term of the agreement and, where such is the case, the terms and conditions of its renewal;

(5)  where the agreement is contemplated in the second paragraph of section 468.5, a palliative measure for the case where actual consumption exceeds maximum capacity of consumption;

(6)  the apportionment of the assets and liabilities relating to the implementation of the agreement, when the agreement is terminated.

1979, c. 83, s. 5; 1999, c. 40, s. 51.

468.4. The financial contribution of each municipality must include:

(1)  the capital expenditures of an intermunicipal nature incurred before or after the agreement;

(2)  the operating cost related to the object of the agreement.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.5. The payment of capital expenditures is made in accordance with the mode of apportionment contained in the agreement.

However, where the object of the agreement is the supply of drinking water or the management of waste water, it must fix a maximum capacity of consumption for each municipality, taking into account the potential use of the goods and services contemplated. The payment of capital expenditures is then made in proportion to the maximum capacity of consumption of each municipality.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.6. The operating cost must be apportioned according to the actual consumption of each municipality, which must not exceed, as the case may be, the maximum capacity of consumption determined in accordance with the second paragraph of section 468.5.

Where the criterion of apportionment mentioned in the first paragraph is not applicable to the object of the agreement, the agreement must provide an alternate method for that purpose.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.7. The agreement must provide one of the following modes of operation:

(1)  the supply of services by one of the municipalities that are parties to the agreement;

(2)  the delegation of a jurisdiction, except that of making by-laws or imposing taxes, from one municipality to another;

(3)  intermunicipal management.

1979, c. 83, s. 5; 1996, c. 2, s. 209; 1998, c. 31, s. 20.

468.8. In the case of the supply of services or delegation of jurisdiction, the agreement may provide for the creation of an intermunicipal committee for the purposes of its implementation. In all cases, however, the expenditure of money may be authorized exclusively by the council of each municipality.

1979, c. 83, s. 5; 1987, c. 102, s. 39; 1996, c. 2, s. 209.

468.9. The municipality to which another municipality that is a party to the agreement has delegated its jurisdiction has all the powers necessary for the carrying out of the agreement, including the power to carry out work on the territory of the other municipality and to acquire and possess property in that territory.

1979, c. 83, s. 5; 1994, c. 33, s. 10; 1996, c. 2, s. 209; 2001, c. 25, s. 28.

(b) Intermunicipal management board

1979, c. 83, s. 5.

468.10. Where the agreement provides for the establishment of an intermunicipal management board, in addition to the particulars mentioned in section 468.3, the agreement must contain:

(1)  the intended name of the management board;

(2)  the place of its head office, which must be situated in the territory of one of the municipalities that are parties to the agreement;

(3)  the number of votes, which may be in number and in value, granted to each member of the board of directors.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.11. Where an agreement mentioned in section 468.10 is submitted to the Minister of Municipal Affairs and Greater Montréal, he may approve the agreement and order the establishment of the intermunicipal management board.

The order must indicate the object of the agreement and set forth such other provisions of the agreement as the Minister considers necessary. It must also indicate the date and place of the first meeting of the board of directors of the management board.

The Minister may amend the order he has issued if the agreement submitted to his approval is amended.

The order, or any amendment to it, comes into force when a notice of its issuance is published in the Gazette officielle du Québec.

1979, c. 83, s. 5; 1990, c. 85, s. 116; 1994, c. 33, s. 11; 1999, c. 43, s. 13.

468.12. The management board is a legal person.

It is composed of the members of the board of directors.

1979, c. 83, s. 5; 1999, c. 40, s. 51.

468.13. The function of the management board is to carry out the object of the agreement.

1979, c. 83, s. 5.

468.14. All the revenues of the management board must be used for the performance of its obligations and the carrying out of the object of the agreement.

1979, c. 83, s. 5.

468.15. The management board shall have jurisdiction in the territory of the municipalities that are parties to the agreement.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.16. The affairs of the management board are administered by a board of directors composed of delegates from the municipalities in whose territory the management board has jurisdiction.

The number of delegates from each municipality must be fixed in the agreement and set forth in the order of the Minister establishing the management board.

The municipality must select each delegate from among the members of its council.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.17. At the first meeting, held within sixty days of the coming into force of the order establishing the management board, the board of directors must appoint a chairman from among its members.

The term of office of the chairman is one year and it may be renewed.

The chairman presides the meetings of the board of directors and directs the discussions. He maintains order and decorum.

Meetings of the board of directors are public.

1979, c. 83, s. 5.

468.18. At the first meeting, the board of directors must also appoint the secretary and the treasurer of the management board.

It may appoint a secretary-treasurer to discharge both offices.

1979, c. 83, s. 5.

468.19. A majority of the members of the board of directors is a quorum thereof.

1979, c. 83, s. 5.

468.20. Decisions of the board of directors are taken by a majority of the votes.

1979, c. 83, s. 5.

468.21. Each member is entitled to the number of votes fixed in the agreement and is bound to vote, unless he is prevented therefrom by reason of his interest in the matter concerned, pursuant to the Act respecting elections and referendums in municipalities (chapter E-2.2). The chairman is not bound to vote.

In case of a tie-vote, the decision is deemed to be negative.

1979, c. 83, s. 5; 1987, c. 57, s. 719.

468.22. (Repealed).

1979, c. 83, s. 5; 1987, c. 57, s. 720.

468.23. A member of the board of directors ceases to form part of it if he ceases to be a member of the municipal council for which he was appointed.

However, a member of the board shall not cease to hold office at the expiry of his term as a member of the municipal council if he is reelected at the election held after the expiry of his term and if, after his reelection, he has made the required oath within the prescribed time.

1979, c. 83, s. 5; 1987, c. 57, s. 721; 1989, c. 56, s. 7.

468.24. The resignation of a member of the board of directors is effective from the remittance of a writing to that effect to the secretary, who shall remit it to the board of directors at the next meeting.

1979, c. 83, s. 5.

468.25. Any vacancy on the board of directors must be filled within thirty days.

1979, c. 83, s. 5.

468.26. The provisions of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) with respect to the remuneration fixed by municipal by-law, the expense allowance and the reimbursement of expenses, except the provisions relating to the minimum amount of remuneration thus fixed, apply, adapted as required, to the management board.

1979, c. 83, s. 5; 1982, c. 63, s. 137; 1996, c. 27, s. 23.

468.27. The board of directors shall also appoint, whenever it deems it advisable, any officer or employee it considers necessary for the operation of the management board.

1979, c. 83, s. 5; 1984, c. 38, s. 18.

468.28. The board of directors has its meetings at such times as it may determine by resolution.

It shall also meet at the written request of the chairman, or of one-third of its members, addressed to the secretary. The request shall mention the subject proposed for consideration.

The notice of meeting addressed by the secretary to the members of the board of directors must be drawn up and served in the manner prescribed by a resolution of the board of directors. The request shall mention the subject proposed for consideration.

1979, c. 83, s. 5.

468.29. The board of directors may make by-laws for its internal management.

1979, c. 83, s. 5.

468.30. The minutes of the meetings drawn up by the secretary and approved by the board of directors, and the copies and extracts certified true by the secretary or by the person in charge of access to documents of the management board, are evidence of their content.

1979, c. 83, s. 5; 1987, c. 68, s. 37; 1999, c. 40, s. 51.

468.31. The registers and documents in the possession of the secretary and forming part of the records of the management board and the account books of the treasurer may be examined by any person during regular working hours.

The person in charge of documents of the management board shall issue to any person applying therefor, copies or extracts of the documents referred to in the first paragraph.

1979, c. 83, s. 5; 1987, c. 68, s. 38.

468.32. In the pursuit of its objects, the management board may

(1)  have a seal;

(2)  acquire movable or immovable property by agreement or expropriation, purchase, gift, legacy or other means;

(2.1)  alienate for valuable consideration any movable or immovable property; each month the secretary shall publish a notice concerning any property having a value greater than $10 000 that has been alienated by the management board otherwise than by auction or by public tender; the notice shall describe each property and indicate, opposite each property, the price of alienation and the identity of the purchaser;

(3)  where the object of the agreement is the supply of drinking water, the management of waste water or the development or operation of an airport, acquire, by agreement or expropriation, immovables within a radius of 50 kilometres outside the territory in which it has jurisdiction and dispose of it in the manner provided in paragraph 2.1;

(4)  enter into contracts, transact business, bind itself and bind others to itself, within its powers;

(5)  issue, endorse, transfer, accept or receive notes, bills of exchange, cheques, bonds, debentures or other negotiable instruments;

(6)  sue and be sued.

1979, c. 83, s. 5; 1982, c. 63, s. 138; 1984, c. 38, s. 19; 1994, c. 33, s. 12; 1995, c. 34, s. 15.

468.33. The fiscal period of the management board begins on 1 January and terminates on 31 December.

The expenses of the management board are charged to the municipalities in the territory of which it has jurisdiction. The expenses are apportioned in the manner prescribed in sections 468.4 to 468.6.

However, the management board must reduce the contribution collected from the municipalities by any amount received as a subsidy, gift or legacy.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.34. Every year, the management board must prepare a budget for the next fiscal period and submit it for adoption, before 1 October, to each municipality whose territory is under its jurisdiction.

It must at the same time indicate to each municipality an estimate of its financial contribution for the next fiscal period.

The budget must be adopted by not less than two-thirds of the municipalities. If the budget is thus adopted before 1 January, it comes into force on that date. If it has not been adopted by that date, it comes into force 15 days after its adoption by not less than two-thirds of the municipalities.

Where the budget has not come into force on 1 January, one of the municipalities may apply for conciliation on that point and section 468.53 applies, with the necessary modifications. The recourse provided by section 469 cannot be exercised in that case.

1979, c. 83, s. 5; 1980, c. 11, s. 38; 1996, c. 2, s. 209; 1996, c. 27, s. 24.

468.35. If the budget comes into force after 1 January, this section applies, until that coming into force, as if, at the beginning of each three-month period of the fiscal period, one quarter of the budget of the preceding fiscal period was adopted.

1979, c. 83, s. 5.

468.36. The management board may, during a fiscal period, draw up any such supplementary budget as it deems necessary. It must submit it for adoption within 15 days to each municipality whose territory is subject to its jurisdiction.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.36.1. The budget and the supplementary budget must be transmitted to the Minister of Municipal Affairs and Greater Montréal within 30 days of their adoption by not less than two-thirds of the municipalities in the territories of which the management board has jurisdiction.

The Minister may order that the budgets be transmitted by means of a form furnished by him for that purpose.

Upon sufficient proof that the management board is unable to draw up or transmit its budget within the prescribed time, the Minister may grant any extension of time he fixes. The budget and the supplementary budget of a management board contemplated in section 467.10 or 467.13 must also be transmitted to the Minister of Transport within the time limit fixed under this section.

1985, c. 27, s. 22; 1996, c. 2, s. 209; 1999, c. 43, s. 13.

468.37. The management board may, by by-law approved by the Minister of Municipal Affairs and Greater Montréal and the municipalities in the territory under its jurisdiction, contract loans by notes, bonds or other securities for purposes within its competence.

1979, c. 83, s. 5; 1984, c. 38, s. 20; 1992, c. 27, s. 8; 1996, c. 2, s. 209; 1999, c. 43, s. 13.

468.38. Once the by-law is passed, the secretary of the board of management shall give a public notice to the taxpayers of the municipalities in the territory under the jurisdiction of the board. The notice shall be published in a newspaper distributed in the territory of the municipalities.

The notice shall state:

(1)  the number, title, object and date of passage of the by-law;

(2)  the amount of the projected loan and the projected use of the borrowed monies;

(3)  that the taxpayers concerned by the notice have the right to oppose the approval of the by-law by the Minister of Municipal Affairs and Greater Montréal by sending their written objections to the Minister within 30 days following publication of the notice.

Within 15 days of the passing of the by-law, the secretary of the management board shall send a copy of it to each municipality whose territory is subject to the jurisdiction of the management board.

The council of each municipality shall, at the first regular sitting after receiving the copy, approve or reject the by-law by resolution; the clerk shall send a copy of the resolution to the secretary of the management board.

1979, c. 83, s. 5; 1984, c. 38, s. 21; 1996, c. 2, s. 209; 1996, c. 77, s. 15; 1999, c. 43, s. 13.

468.39. If all the municipalities have approved the by-law, the secretary of the management board shall send a certified copy of it to the Minister of Municipal Affairs and Greater Montréal, together with every other document he may require.

Before approving the by-law, the Minister may order each municipality whose territory is under the jurisdiction of the management board to submit the by-law to the qualified voters for approval. A referendum poll must then be held in accordance with the Act respecting elections and referendums in municipalities (chapter E‐2.2).

The secretary must provide the Minister with any information requested by him with respect to the by-law.

1979, c. 83, s. 5; 1984, c. 38, s. 22; 1987, c. 57, s. 722; 1989, c. 69, s. 1; 1992, c. 27, s. 9; 1996, c. 2, s. 209; 1999, c. 43, s. 13.

468.40. The municipalities whose territory is subject to the jurisdiction of the board are jointly and severally liable towards the holders of bonds, notes or other debt securities issued by the board for the repayment thereof, in capital and interest.

1979, c. 83, s. 5; 1992, c. 27, s. 10; 1996, c. 2, s. 209.

468.41. The bonds, notes or other debt securities issued by the management board must be signed by the chairman and the treasurer of the management board.

1979, c. 83, s. 5; 1992, c. 27, s. 11; 1994, c. 33, s. 13.

468.42. A bond, note or other debt security is deemed validly signed if it bears the signatures of the chairman and of the treasurer in office on the date appearing on the security or at the time it was signed.

1979, c. 83, s. 5; 1992, c. 27, s. 12; 1994, c. 33, s. 14; 1999, c. 40, s. 51.

468.43. Cheques issued by the management board must be signed by the chairman and the treasurer.

1979, c. 83, s. 5.

468.44. A signature may be printed, engraved or otherwise reproduced on a bond, note, debt security or cheque.

1979, c. 83, s. 5; 1992, c. 27, s. 13.

468.45. Any deficit in a fiscal period must be entered under expenditures in the budget of the following fiscal period.

Any surplus may, subject to the rules established in an agreement entered into under section 13.1 of the Act respecting municipal industrial immovables (chapter I‐0.1)

(1)  be entered under revenue in the budget of the following fiscal period,

(2)  be paid to the municipalities in whose territory the management board has jurisdiction, in the proportion determined under section 468.5,

(3)  be used for any purpose within the jurisdiction of the management board as determined by the board of directors by a majority of two-thirds of the votes cast.

1979, c. 83, s. 5; 1980, c. 11, s. 39; 1996, c. 2, s. 209; 1996, c. 27, s. 25; 1999, c. 59, s. 2.

468.45.1. The management board may, by by-law, establish a financial reserve for any purpose within its jurisdiction to finance expenditures other than capital expenditures.

The by-law must set out

(1)  the purpose for which the reserve is established;

(2)  the projected amount of the reserve;

(3)  the mode of financing of the reserve;

(4)   in the case of a reserve of specified duration, the duration of existence of the reserve;

(5)  the allocation of the amount, if any, by which income exceeds expenditures at the end of the existence of the reserve.

The duration of existence of a reserve must be determined, unless such determination is inconsistent with the purpose for which the reserve is established.

2000, c. 19, s. 4.

468.45.2. A financial reserve shall be made up of the sums allocated to it each year and interest earned on the sums.

The sums allocated to the reserve may derive only from surpluses in a fiscal year that are used for that purpose pursuant to subparagraph 3 of the second paragraph of section 468.45, or from the excess amount referred to in section 244.4 of the Act respecting municipal taxation (chapter F‐2.1), derived from a mode of tariffing established by the management board under section 468.47.1.

2000, c. 19, s. 4.

468.45.3. Sections 468.37 to 468.39 apply, adapted as required, to a by-law provided for in section 468.45.1.

2000, c. 19, s. 4.

468.45.4. All expenditures necessary for the carrying out of the purpose for which the reserve was established must have been made on or before the date on which the reserve ceases to exist.

The treasurer must file, not later than at the last meeting of the board of directors before that time, a statement of the income and expenditures of the reserve.

The board of directors shall allocate the amount, if any, by which the reserve’s income exceeds its expenditures in accordance with the provisions of the by-law under which the reserve was established. If there is no such provision, any amount in excess shall be paid to the municipalities in the territory under the jurisdiction of the management board, in the proportion determined under section 468.5.

2000, c. 19, s. 4.

468.45.5. A by-law establishing a financial reserve may not provide for a projected amount that, if added to the projected amounts of reserves already established by by-law and still in existence, results in an amount exceeding 15% of the other appropriations provided for in the budget of the fiscal year during which the by-law establishing the reserve is adopted.

2000, c. 19, s. 4.

468.45.6. The sums allocated to a financial reserve established under section 468.45.1 must be invested in accordance with section 99.

2000, c. 19, s. 4.

468.46. The payment of the contribution of each municipality may be made in one or several instalments in such a manner and at such time as may be fixed by by-law of the management board approved by all the municipalities whose territory is subject to its jurisdiction. If there is no by-law, the demand for payment is made at the beginning of every three-month period and the amount due is exigible within 30 days of the mailing of the demand by registered or certified mail. At the expiry of that time it bears interest at the rate determined under section 50 of the Act respecting municipal debts and loans (chapter D-7).

1979, c. 83, s. 5; 1988, c. 84, s. 705; 1996, c. 2, s. 209.

468.47. Every municipality must pay its contribution

(1)  out of its general funds not otherwise allocated;

(2)  where the object of the agreement concerns only part of the territory of the municipality, by imposing a special tax in accordance with section 487; or

(3)  by contracting a loan.

1979, c. 83, s. 5; 1996, c. 2, s. 175; 1998, c. 31, s. 21.

468.47.1. Subject to the regulation of the Government made under paragraph 8.2 of section 262 of the Act respecting municipal taxation (chapter F‐2.1), the management board may, by by-law, provide that all or part of its property, services or activities shall be financed by means of a tariff involving a fixed amount, exigible on an ad hoc basis, in the form of a subscription or under terms similar to those of a subscription for the use of a property or service or in respect of a benefit derived from an activity.

Sections 244.3 to 244.6 and the first paragraph of section 244.8 of the Act respecting municipal taxation apply, adapted as required, to the tariff referred to in the first paragraph.

2000, c. 19, s. 5.

468.48. When the agreement is terminated, the management board can no longer undertake any work. It must, however, continue to administer its day to day business until it is dissolved by the Minister of Municipal Affairs and Greater Montréal.

1979, c. 83, s. 5; 1999, c. 43, s. 13.

468.49. If, within three months after the agreement is terminated, the municipalities that were parties thereto do not renew it or adopt a new agreement to provide for the maintaining of the management board, the latter must, within three months after the expiry of that time, apply for its dissolution to the Minister of Municipal Affairs and Greater Montréal. Notice of the application must be published in the Gazette officielle du Québec not less than 30 days before being presented to the Minister.

The dissolution is declared by an order of the Minister, and he apportions the assets and liabilities of the management board.

However, if an interested person shows that, for exceptional reasons, the interest of the taxpayers would be better served if the management board were continued, the Minister may order it continued and the agreement prolonged for a period not exceeding that of the original agreement.

Notice of the dissolution or continuance of the management board is published by the Minister in the Gazette officielle du Québec.

1979, c. 83, s. 5; 1996, c. 2, s. 209; 1999, c. 43, s. 13.

468.50. The management board is a municipality within the meaning of the articles of the Civil Code respecting investments presumed sound.

1979, c. 83, s. 5; 1996, c. 2, s. 209; 1999, c. 40, s. 51.

468.51. Sections 29.3, 29.5 to 29.9.2, 71 to 72.3, 73.1, 99, 105, the first paragraph of section 105.1, sections 105.2 and 108 to 108.6, paragraphs 8 and 10 of section 464, sections 473, 477.1, 477.2, 554, 555 and 564, subsection 2 of section 567, subsections 1 to 8 of section 573, sections 573.1 to 573.3.2, sections 573.5 to 573.10 and sections 604.6 to 604.13 of this Act, sections 22 and 23 of the Act respecting the Commission municipale (chapter C‐35), sections 1, 2, 4 to 8, 12 to 44 and 50 of the Act respecting municipal debts and loans (chapter D‐7) and section 21 of the Act respecting the Ministère des Affaires municipales et de la Métropole (chapter M‐22.1), adapted as required, apply to the management board.

1979, c. 83, s. 5; 1982, c. 63, s. 139; 1983, c. 57, s. 55; 1984, c. 38, s. 23; 1985, c. 27, s. 23; 1986, c. 31, s. 9; 1988, c. 84, s. 705; 1992, c. 27, s. 14; 1996, c. 27, s. 26; 1996, c. 77, s. 16; 1997, c. 53, s. 6; 1999, c. 43, s. 13; 1999, c. 59, s. 3; 2000, c. 54, s. 4; 2001, c. 25, s. 29.

468.51.1. Notwithstanding section 468.51, in the case of a management board contemplated in section 467.10.6 or 467.13, section 473 applies, adapted as required, but

(1)  once the program of capital expenditures is adopted it must be approved by each municipality in the territory of which the management board has jurisdiction;

(2)  a certified true copy of the program and of each resolution approving it pursuant to paragraph 1 must be transmitted by the clerk or the secretary-treasurer to the Minister of Transport not later than 31 October preceding the beginning of the first fiscal year contemplated in the program.

1985, c. 27, s. 24; 1988, c. 76, s. 2; 1996, c. 27, s. 27.

468.52. A management board and a municipality may enter into an agreement under which one provides services to the other or the management board is delegated jurisdiction by the municipality. Sections 468 to 468.9, 468.53 and 469, adapted as required, apply to the agreement.

The agreement is valid only for the unexpired period of the agreement under which the management board was established.

1979, c. 83, s. 5; 1980, c. 11, s. 40; 1996, c. 2, s. 209; 1997, c. 93, s. 57.

468.52.1. Management boards may enter into an agreement under which one management board provides services to the other or delegates part of its jurisdiction to the other, provided that the management board delegating jurisdiction is authorized to do so. That authorization must be set out in the agreement under which the management board was established, or be granted by all the municipalities that are parties to the agreement.

An agreement under the first paragraph is valid only for the shortest of the unexpired periods of the agreements under which the management boards were established.

Sections 468 to 468.9, 468.53 and 469, adapted as required, apply to any agreement entered into under the first paragraph.

1997, c. 93, s. 58.

(c) Miscellaneous provisions

1979, c. 83, s. 5.

468.53. Where municipalities are in disagreement as to the implementation of the agreement signed by them, one of them may apply to the Minister of Municipal Affairs and Greater Montréal to have him designate a conciliator to assist them in achieving an agreement.

Notice of that application must be given to the other party and the intermunicipal management board, if any.

Upon receiving the application, the Minister appoints a conciliator.

The conciliator must make a report of his conciliation to the Minister within the time prescribed by him.

1979, c. 83, s. 5; 1996, c. 2, s. 209; 1999, c. 43, s. 13.

469. Where the conciliator fails to bring the municipalities to an agreement, the Commission municipale du Québec, at the request of one of them, notice of which is given to the other party and to the intermunicipal management board, if any, may make the arbitration award it considers equitable after hearing the municipalities concerned and the management board and examining the report of the conciliator remitted to it by the Minister. The provisions of the Code of Civil Procedure (chapter C-25) respecting the homologation of arbitration awards apply, adapted as required, to the arbitration award of the Commission.

R. S. 1964, c. 193, s. 476; 1979, c. 83, s. 5; 1986, c. 73, s. 3; 1996, c. 2, s. 209; 1997, c. 43, s. 167.

469.1. The parties to an agreement contemplated in this subsection may provide therein that any other municipality may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

A municipality, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

A municipality which joins an agreement must transmit, for approval, a copy of the resolution and, where such is the case, a statement of the conditions not determined in the agreement, to any minister or any body that must approve the agreement.

Not less than 30 days before sending the documents provided for in the fourth paragraph, the municipality must send the same documents to each party to the agreement.

The municipality becomes a party to the agreement once the resolution and, where such is the case, the conditions of joining not determined in the agreement have received every required approval. The agreement is then deemed amended accordingly and the Minister of Municipal Affairs and Greater Montréal may, if necessary, amend the order establishing the management board which he issued in accordance with section 468.11.

1982, c. 63, s. 140; 1994, c. 33, s. 15; 1996, c. 2, s. 176; 1999, c. 43, s. 13.

§ 24 . — Guarantees

470. The council may, by by-law, determine the guarantees to be given by any person at whose request it orders the execution of municipal work related to the erection of a new structure on the land concerned in the request.

1975, c. 66, s. 18.

§ 25 . — Public libraries

1992, c. 65, s. 26.

471. The council may, by by-law, establish and maintain in the territory of the municipality public libraries having as their objects, in particular, the conservation, consultation and lending of published documents as well as the giving of information and the organization of reading-related activities.

R. S. 1964, c. 193, s. 477; 1992, c. 65, s. 26.

471.0.1. The council may, by by-law, establish rules relating to the operation of the libraries as well as the conditions of use by the public of the services offered by them.

1992, c. 65, s. 26.

471.0.2. The council may, on the conditions it determines, contribute to the establishment and maintenance of public libraries in the territory of the municipality or in a contiguous territory.

1992, c. 65, s. 26.

471.0.2.1. The municipality may enter into, alone or jointly with any other municipality, agreements with any other school board or any educational institution to jointly establish and maintain public libraries in the territory of the municipality or in a contiguous territory.

1997, c. 93, s. 59.

§ 25.0.1 . — Arts centres, public museums, exhibition centres, heritage interpretation centres and performance halls

1992, c. 65, s. 26.

471.0.3. The council may, by by-law, establish and maintain in the territory of the municipality arts centres, public museums, exhibition centres, heritage interpretation centres and performance halls.

1992, c. 65, s. 26.

471.0.4. The council may, on the conditions it determines, contribute to the establishment and maintenance of arts centres, public museums, exhibition centres, heritage interpretation centres and performance halls in the territory of the municipality or in a contiguous territory.

1992, c. 65, s. 26.

§ 25.0.2 . — Convention centres

1998, c. 31, s. 22.

471.0.5. The council may, by by-law, provide that the municipality establish a convention centre or that it contribute, notwithstanding the Municipal Aid Prohibition Act (chapter I-15), to the establishment or operation of a convention centre.

Where the territory of the municipality is contained in the territory of a regional county municipality, the council must consult that municipality before adopting the by-law.

1998, c. 31, s. 22; 2000, c. 56, s. 222.

471.0.6. The municipality may take up the operation of the convention centre it establishes or entrust a third person with such operation.

1998, c. 31, s. 22.

§ 25.0.3 . — Railway sidings

1998, c. 31, s. 22.

471.0.7. A municipality may acquire, develop, maintain or manage any railway siding to promote the economic development of the municipality.

1998, c. 31, s. 22.

§ 25.1 . — Twinning of municipalities

1979, c. 36, s. 85.

471.1. The council may by by-law authorize the making of agreements, on such conditions as it determines, for the twinning of the municipality with another municipality whose territory is situated in Québec or elsewhere.

1979, c. 36, s. 85; 1996, c. 2, s. 177.

§ 26 . — Census

472. The council may make by-laws to take a census of the inhabitants of the territory of the municipality, for the purpose of ascertaining their number, and of obtaining statistics regarding their social and economic condition.

R. S. 1964, c. 193, s. 478; 1996, c. 2, s. 178.

§ 27 . — Municipal finances

473. (1)  The council shall, not later than 31 December each year, by resolution, adopt the program of the capital expenditures of the municipality for the next three fiscal years.

(2)  This program shall be divided into annual phases. It shall describe, in respect of the period coincident therewith, the object, the amount and the mode of financing of the capital expenditures that each body plans to incur for which the financing period exceeds 12 months.

(3)  (Subsection repealed).

(4)  To the extent that they are consistent with this section, the provisions governing a municipality which has an executive committee or a director general, or both, and applicable to the procedure prior to the adoption of the budget of such municipality also apply, with the necessary modifications, to the procedure prior to the adoption of its program of capital expenditures.

(5)  This section replaces every provision of a special Act by which any multi-annual program of capital expenditures and amendments thereto are subject to the approvals required for a loan by-law of a municipality.

Ville de Québec must adopt the program of its capital expenditures not later than 20 December.

(6)  The council of a municipality to which, according to law, the budget of a transit authority is submitted, must also adopt the program of capital expenditures of such authority.

Where such is the case, the provisions of this section apply, with the necessary modifications, and the provisions applicable to the procedure prior to the adoption of the budget of such transit authority also apply, in the same manner, to the procedure prior to the adoption of the program of its capital expenditures, to the extent that they are consistent with this section.

1977, c. 52, s. 15; 1979, c. 22, s. 63; 1983, c. 57, s. 168; 1993, c. 67, s. 109; 1995, c. 34, s. 16; 1996, c. 2, s. 179; 2000, c. 56, s. 117.

474. (1)  Between 15 November and 31 December, the council shall prepare and adopt the budget of the municipality for the next fiscal year and provide therein for revenues at least equal to the expenditures provided for therein.

(2)  The Minister of Municipal Affairs and Greater Montréal may prescribe the content of a document that is to be certified by the treasurer or, as the case may be, the director of finance, which must be attached permanently to the budget of the municipality on its tabling.

The document contemplated in the preceding paragraph must be drawn up in the form prescribed by the Minister.

(3)  The budget of the municipality must be transmitted to the Minister of Municipal Affairs and Greater Montréal within 30 days of its adoption by the council.

The Minister may order that such filing shall be on the form provided by him for that purpose.

The Minister, of his own motion, may extend the time allowed by this section to such date as he may fix, for all municipalities or any category of municipalities.

If it is unable to adopt the budget within the prescribed time, the council shall fix the date of the sitting at which the budget is to be adopted so that the obligation set out in the first paragraph of section 474.2 is respected. As soon as possible after the passing of the resolution by which the council fixes that date, the clerk shall transmit a certified copy thereof to the Minister.

If, on 1 January, the budget is not adopted, 1/12 of each appropriation provided for in the budget of the preceding fiscal year is deemed to be adopted. The same rule applies at the beginning of each subsequent month if, at that time, the budget has not yet been adopted.

(4)  Subsection 1 applies to every municipality governed by this Act, even if a provision of its charter that came into force before 15 December 1977 repeals, replaces or amends, directly or indirectly, that subsection. However, subject to section 3, only the requirement under subsection 1 of providing for a budget containing revenues at least equal to expenditures applies to Ville de Laval.

R. S. 1964, c. 193, s. 479; 1968, c. 55, s. 130; 1975, c. 66, s. 19; 1977, c. 52, s. 15; 1979, c. 72, s. 307; 1984, c. 38, s. 24; 1985, c. 27, s. 25; 1995, c. 34, s. 17; 1996, c. 2, s. 180; 1999, c. 43, s. 13; 2000, c. 56, s. 118.

474.0.1. The budget of any municipality having a population of 50,000 or over must include an appropriation to provide for payment of sums to councillors as reimbursement for their research and secretarial expenses.

Subject to the third paragraph, the appropriation must be equal to or greater than 1/15 of 1% of the total of all other appropriations provided for in the budget, except in the case of Ville de Montréal where such an appropriation must be equal to 1/30 of 1% of the total of all other appropriations provided for in the budget.

Where the budget of the municipality provides for appropriations for expenses related to the operation of a system of production, transmission or distribution of electric power, 50% only of those appropriations shall be taken into account in establishing the total of the appropriations referred to in the second paragraph.

2001, c. 25, s. 30; 2001, c. 68, s. 18.

474.0.2. The amount of the sums referred to in the first paragraph of section 474.0.1 is established by dividing the appropriation equally among all the councillors.

However, in the case of Ville de Montréal, the appropriation shall be divided into a number of shares corresponding to the total obtained by adding twice the number of city councillors to the number of borough councillors. Two shares shall be assigned to each city councillor and one share to each borough councillor.

The sums established for a councillor who is a member of an authorized party on 1 January of the fiscal year covered by the budget shall be assigned to that party.

2001, c. 25, s. 30.

474.0.3. An authorized party or a councillor is entitled to reimbursement by the municipality of expenses made or incurred for research or secretarial purposes, up to the amount of the sums assigned to the authorized party or the councillor, on presentation of vouchers the minimum content of which may be determined by the council.

In the case of an authorized party, the vouchers must be approved by the leader or, if the leader is not a member of the council, by such a member authorized in writing by the party to do so.

2001, c. 25, s. 30.

474.0.4. The budget of any municipality having a population of 500,000 or over must include an appropriation to provide for payment of an allowance as reimbursement for expenses incurred for the day-to-day administration of every authorized party having among its members at least one councillor on 1 January of the fiscal year covered by the budget, for the propagation of the political program of the party and for the coordination of the political action of its members.

The appropriation must be equal to the product obtained by multiplying $0.35 by the number of electors whose names are entered on the list of electors prepared for the last general election.

The amount of the allowance is established by dividing the appropriation among the authorized parties referred to in the first paragraph in proportion to the percentage that the number of votes validly obtained by all the candidates of each authorized party at the last general election is of the total number of votes validly obtained by all the candidates of all the authorized parties.

The allowance shall be paid by the treasurer to the official representative of the authorized party, at the rate of 1/12 of the allowance per month, on presentation of vouchers the minimum content of which may be determined by the treasurer.

2001, c. 25, s. 30.

474.0.5. For the purposes of sections 474.0.2 to 474.0.4, a party is authorized if it holds an authorization granted under the Act respecting elections and referendums in municipalities (chapter E-2.2) that is valid for the municipality.

2001, c. 25, s. 30.

474.1. At least four weeks before the budget is tabled before the council for adoption, the mayor, at a sitting of the council, shall make a report of the financial position of the municipality.

The mayor deals with the latest financial statements, the external auditor’s latest report, the chief auditor’s latest report, where applicable, and the latest three-year program of capital expenditures, the preliminary information regarding the financial statements for the period preceding that for which the next budget will be made, and the general orientation of the next budget and the next three-year program of capital expenditures.

The mayor shall also table a list of all contracts involving an expenditure exceeding $25,000 entered into by the municipality since the last sitting of the council at which the mayor made a report on the financial position of the municipality in accordance with the first paragraph.

The mayor shall also table a list of all contracts involving an expenditure exceeding $2,000 entered into within that period with the same contracting party, if those contracts involve a total expenditure exceeding $25,000.

The list shall indicate, for each contract, the name of each contracting party, the amount of the consideration and the object of the contract.

The text of the mayor’s report must be distributed free of charge to every civic address in the territory of the municipality. In addition to or in lieu of this distribution, the council may order that the text be published in a newspaper circulated in the territory of the municipality.

1980, c. 16, s. 81; 1996, c. 2, s. 210; 1997, c. 93, s. 60; 1998, c. 31, s. 23; 2001, c. 25, s. 31.

474.2. At least eight days before the sitting at which the budget or the three-year program of capital expenditures is to be adopted, the clerk must give public notice thereof.

At that sitting, the deliberations of the council and the question period must deal exclusively with the budget or the three-year program.

1980, c. 16, s. 81.

474.3. The budget or the three-year program adopted, or an explanatory document thereof, must be distributed free of charge to every civic address in the territory of the municipality. In addition to or in lieu of this distribution, the council may order that the budget or the three-year program, or the explanatory document, be published in a newspaper circulated in the territory of the municipality.

For the purposes of the first paragraph, the explanatory document of the budget is that provided for in paragraph 8 of section 263 of the Act respecting municipal taxation (chapter F-2.1).

1980, c. 16, s. 81; 1996, c. 2, s. 210.

474.4. The council may prepare and adopt a supplementary budget to make up any anticipated deficit.

1980, c. 16, s. 81; 1984, c. 38, s. 25.

474.5. The supplementary budget is prepared, adopted and transmitted in accordance with sections 474, 474.2 and 474.3, adapted as required.

1984, c. 38, s. 25; 1985, c. 27, s. 26.

474.6. The council shall adopt with the supplementary budget a by-law imposing a special tax on all taxable immovables in the territory of the municipality, on the basis of their value, to raise the revenues provided for in the supplementary budget.

A special tax account in respect only of the special tax and identifying it as a consequence of the supplementary budget must be sent at least 30 days before the end of the fiscal year. If it is impossible to comply within the prescribed time, the council is not authorized to adopt a supplementary budget.

1984, c. 38, s. 25; 1996, c. 2, s. 181.

474.7. If, in the case of an anticipated deficit, the council does not adopt a supplementary budget, it shall enter the deficit on the budget for the next fiscal year unless it provides that the deficit will be consolidated during the next fiscal year by a loan by-law.

1984, c. 38, s. 25.

474.8. (Repealed).

1984, c. 38, s. 25; 1996, c. 2, s. 182; 1997, c. 93, s. 61; 2000, c. 56, s. 119; 2001, c. 25, s. 32.

475. (Repealed).

1970, c. 46, s. 1; 1977, c. 5, s. 14; 1982, c. 63, s. 141.

476. (1)  All sums of money not especially appropriated shall form part of the general funds of the municipality.

(2)  Any grant made to a municipality and not specially appropriated by the by-law ordering the works or the expenditure may be paid in whole or in part into the general funds of the municipality.

(3)  Saving the case provided in section 7 of the Act respecting municipal debts and loans (chapter D-7), whenever the municipality has collected a sum exceeding the sum required for the purposes for which such sum was raised, the surplus shall belong to the municipality and shall fall into the general funds thereof.

(4)  All sums of money, forming part of the general funds of the municipality, may be employed for any purpose within the jurisdiction of the council.

R. S. 1964, c. 193, s. 480; 1988, c. 84, s. 705.

477. The council may make such by-laws as it may deem expedient for the management and administration of its finances, and determine by whom and subject to what formalities payments out of the funds of the municipality shall be made.

R. S. 1964, c. 193, s. 481.

477.1. No by-law or resolution of the council authorizing the spending of money has effect unless it is accompanied with a certificate from the treasurer indicating that the municipality disposes of sufficient funds for the purposes for which the expenditure is proposed.

Where a special Act empowers the executive committee of a municipality to authorize an expenditure, the first paragraph applies to any resolution of the committee to that effect.

This section does not apply to a by-law or resolution that affects to the proposed expenditure any amount of money from a source other than the general fund or that authorizes the conclusion of a transaction.

If a convention made under a resolution or by-law to which this section applies has effect in respect of more than one fiscal year, a certificate must be issued in accordance with the first paragraph in respect of that portion of the expenditures that will be made during the first fiscal year and thereafter at the beginning of each fiscal year in respect of which the convention has effect.

1979, c. 36, s. 86; 1984, c. 38, s. 26; 1996, c. 2, s. 209; 1999, c. 59, s. 4.

477.2. The council may, by by-law, delegate to any officer or employee of the municipality the power to authorize the spending of money and make contracts therefor in the name of the municipality.

Every by-law under the first paragraph shall indicate

(1)  the area of competence to which the delegation applies;

(2)  the amount of the spending the officer or employee may authorize;

(3)  the other conditions to which the delegation is subject.

The rules governing the awarding of contracts by the municipality apply, adapted as required, to a contract awarded under this section. Where, however, the authorization of the Minister of Municipal Affairs and Greater Montréal is required for awarding a contract to a person other than the person who made the lowest tender, only the council may apply for the authorization of the Minister.

Every authorization of expenditures granted under a delegation requires, to be valid, a certificate issued by the treasurer indicating that there are sufficient funds available for that purpose. No such authorization is granted if it entails a financial commitment by a municipality for a period extending beyond the current fiscal year.

The officer or employee who grants an authorization of expenditures shall indicate it in a report that he shall submit to the council at the next regular sitting held after the expiry of a five-day period following the authorization.

Where the executive committee is empowered to authorize an expenditure under a special Act, the first five paragraphs, adapted as follows, apply to the executive committee:

(1)  the delegation by the executive committee is made by resolution;

(2)  the application for authorization referred to in the third paragraph is made by the executive committee;

(3)  the report mentioned in the fifth paragraph must also be transmitted to the executive committee within five days following the authorization.

1984, c. 38, s. 26; 1996, c. 2, s. 209; 1997, c. 93, s. 62; 1999, c. 43, s. 13.

478. All fees, licences, fines, revenues, and taxes, accruing or belonging to the municipality, shall be paid to and received by the treasurer alone, or by the officers or employees designated by him for that purpose; and no other officer or employee shall, under any pretext, receive them, unless specially authorized by the council so to do.

R. S. 1964, c. 193, s. 482; 1968, c. 55, s. 5.

478.1. Where a cheque or other order of payment is received by the municipality and payment thereof is refused by the drawee, an administrative charge, the amount of which shall be fixed by by-law of the council, may be claimed from the drawer of the cheque or order.

1985, c. 27, s. 27; 1996, c. 27, s. 28.

479. The fiscal year of the municipality shall begin on 1 January and end on 31 December of each year, and the taxes and yearly assessments shall be payable, subject to Division IV of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes, at the dates determined by the council.

The first paragraph applies to every municipality governed by this Act, even if a provision of its charter that came into force before 15 December 1977 repeals, replaces or amends, directly or indirectly, that paragraph. However, subject to section 3, the first paragraph does not apply to Ville de Laval.

R. S. 1964, c. 193, s. 483; 1989, c. 68, s. 9; 1996, c. 2, s. 183.

§ 28 . — Taxes and Licences

I.  — General Provisions

480. The council may, by resolution, whenever it sees fit, instruct the treasurer or any other officer or employee of the municipality to add to the amount of any taxes to be levied on taxable property in the territory of the municipality, a sum of not more than 10%, to cover losses, costs and bad debts.

R. S. 1964, c. 193, s. 516; 1968, c. 55, s. 5; 1996, c. 2, s. 210.

481. Taxes shall bear interest, at the rate of 5% per annum, from maturity, without its being for such purpose necessary that a special demand for payment be made.

Subject to section 542, neither the municipal council nor the officers or employees of the municipality may remit any taxes or the interest thereon.

The council, as often as it considers it expedient, may, by resolution, prescribe a rate of interest different from the rate provided in the first paragraph. The rate also applies to all debts unpaid before the passing of the resolution. The resolution of the council shall remain in force until it is repealed.

The tax account shall indicate clearly the rate of interest in force at the time of its sending.

The council may also, by resolution, grant a discount to every ratepayer who pays his taxes before they are due.

R. S. 1964, c. 193, s. 517; 1968, c. 53, s. 3; 1968, c. 55, s. 5; 1975, c. 66, s. 20; 1985, c. 27, s. 28; 1996, c. 2, s. 184; 1996, c. 27, s. 29; 2000, c. 56, s. 225.

481.1. (Repealed).

1982, c. 63, s. 142; 1985, c. 27, s. 29.

482. When they are charged to the owner, the compensations and the rate mentioned in subparagraph c of paragraph 10, in paragraph 11.1, in subparagraph b of paragraph 22 of section 413 and in paragraph 4 of section 432 are considered to be a property tax imposed on the immovable with respect to which they are due.

R. S. 1964, c. 193, s. 518; 1968, c. 55, s. 136; 1979, c. 36, s. 87; 1992, c. 57, s. 471; 1994, c. 30, s. 89; 1999, c. 40, s. 51.

482.1. The claims of the municipality for taxes other than property taxes, of any nature whatsoever, are considered to be a prior claim on the immovables or movables by reason of which they are payable, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code; they are secured by a legal hypothec on the immovables or on the movables, as the case may be. In addition to being a prior claim within the meaning of that paragraph, a property tax is secured by a legal hypothec on the immovable subject to the tax.

For the purposes of the first paragraph, any personal tax imposed by reason of an activity carried on in a place is deemed to be a tax payable by reason of the movable property of the debtor located in the place at any time throughout the period during which the tax remains payable.

1994, c. 30, s. 90; 1999, c. 40, s. 51.

482.2. Registration by the municipality of a legal movable or immovable hypothec does not prevent it from exercising its prior claim.

1994, c. 30, s. 90.

482.3. A creditor who takes procedures in execution or who, as holder of a movable or immovable hypothec, has registered a prior notice of his intention to exercise his hypothecary rights, may apply to the municipality to declare the amount of its prior claim. The application shall be registered and proof of notification shall be filed in the registry office.

Within 30 days following the notification, the municipality shall declare the amount of its claim and enter it in the appropriate register; such a declaration does not have the effect of limiting the priority of the municipality’s claim to the amount entered.

An application for registration, in the land register, of the application for declaration and of the declaration shall be made in the form of a notice. In addition to the provisions of this section and the requirements of the regulation made under Book IX of the Civil Code, the notice shall indicate the legislative provision under which it is given, the name of the debtor and the name of the municipality; the notice need not be attested and a single copy only need be presented.

1994, c. 30, s. 90.

483. (Repealed).

1974, c. 45, s. 10; 1979, c. 51, s. 260.

484. Arrears of municipal taxes shall be prescribed by three years.

An application to the court for the recovery of a property tax filed before the tax is prescribed and served, not later than 60 days after the expiry of the prescription period, on any of the persons from whom the payment may be claimed under section 498, shall interrupt prescription with respect to all such persons.

R. S. 1964, c. 193, s. 519; 1996, c. 27, s. 30; 1999, c. 40, s. 51.

II.  — Imposition of Taxes

485. Subject to the Act respecting municipal taxation (chapter F-2.1), the council may impose and levy annually on all taxable immovables in the territory of the municipality a tax based on their value as shown on the assessment roll.

R. S. 1964, c. 193, s. 521; 1975, c. 66, s. 21; 1979, c. 72, s. 308; 1996, c. 2, s. 210.

486. (1)  In addition to any property tax that it may impose and levy on serviced vacant land, the council may impose and levy annually on such land a surtax equal to 50 % of the total municipal property taxes imposed in the same year on such land, to which all taxable immovables in the territory of the municipality are subject.

Within the meaning of this section, “serviced vacant land” means land

(a)  on which there is no building or on which there is a building of a real value of less than 10 % of the value of the land according to the valuation roll in force, and

(b)  which is adjacent to a public street bordering which water and sanitary sewer services are available.

Such surtax ranks, in every respect, as a general property tax of the municipality, subject to this section. It applies from the first fiscal year of the municipality in respect of which, according to the valuation roll in force, the land is entered as part of the aforementioned category on the day of the coming into force of the roll.

(2)  The following land is not subject to the surtax provided for in subsection 1:

(a)  an agricultural operation registered in accordance with a regulation adopted pursuant to section 36.15 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M‐14);

(b)  land utilized continuously for housing or used continuously for industrial or commercial purposes other than the commercial parking business;

(c)  land owned by a railway undertaking and on which there is a railway track, including a railway track situated in a yard or building;

(d)  land used for overhead electric powerlines;

(e)  land on which construction is prohibited by law or by by‐law.

(3)  In the case of Ville de Montréal, account shall not be taken, in computing the sum contemplated in the first paragraph of subsection 1, of the special tax imposed under the Act respecting the Olympics deficit of the City of Montréal and amending the Charter of the City of Montréal (1976, chapter 52).

The council of Ville de Montréal may impose and levy a surtax on vacant land, whether serviced or not, that is governed by this section, subject to the reservation contained in the fourth paragraph.

The amount of the surtax is determined by the council and may amount to up to 100 % of the total real estate taxes referred to in subsection 1. The council may fix different amounts for serviced vacant land and for unserviced vacant land, in which case the amount fixed for the former must be higher than that fixed for the latter.

The surtax contemplated in this subsection replaces the surtax contemplated in subsection 1.

(4)  Vacant land, whether or not it is serviced, shall not be subject to the surtax provided for in this section unless the unit of assessment to which it belongs according to the Act respecting municipal taxation (chapter F-2.1) includes no immovable other than the land and, where applicable, the building referred to in subparagraph a of the second paragraph of subsection 1.

(5)  No municipality shall, for any one fiscal year, impose the surtax provided for in this section and fix, under section 244.29 of the Act respecting municipal taxation, a general property tax rate that is specific to the category of serviced vacant lands provided for in section 244.36 of that Act.

1977, c. 52, s. 16; 1979, c. 72, s. 490; 1980, c. 34, s. 4; 1986, c. 31, s. 10; 1991, c. 29, s. 4; 1993, c. 43, s. 15; 1993, c. 78, s. 16; 1996, c. 2, s. 185; 1999, c. 40, s. 51; 2000, c. 54, s. 5; 2000, c. 56, s. 120.

487. Notwithstanding any legislative provision inconsistent herewith contained in this Act or in the charter of a municipality governed in part by this Act, the council may impose the special tax for the payment of municipal works of any kind, including works of maintenance, according to either the municipal valuation or the area or the frontage of the taxable property subject to such tax. In the case of lots that are situated at a street corner or are not rectangular, the council may fix the frontage for assessment purposes, in the manner it sees fit.

The council may also charge the cost of such works

(1)  to the municipality;

(2)  to the ratepayers of part of the territory of the municipality;

(3)  to the ratepayers benefiting from the works when they are carried out in any part of the territory of the municipality designated as its “centre” under a special planning program.

The council may combine the alternatives provided for in the second paragraph in the proportions it determines.

In the case contemplated in subparagraph 3 of the second paragraph, the council must identify the immovables of those who benefit from the works or provide one or more criteria allowing to identify them.

This section applies for the purposes of the payment of professional fees related to the works contemplated, whether or not they were carried out.

R. S. 1964, c. 193, s. 522; 1979, c. 36, s. 88; 1982, c. 63, s. 143; 1985, c. 27, s. 30; 1996, c. 2, s. 186; 1999, c. 40, s. 51.

488. Any municipality on the territory of which a municipal or intermunicipal transit authority has jurisdiction pursuant to the Act respecting municipal and intermunicipal transit authorities (chapter S-30.1) may, for the purpose of payment of the sums owed by it to such transit authority, impose a general or special tax based on the taxable property valuation.

1977, c. 64, s. 117; 1999, c. 40, s. 51.

488.1. Where the loan ordered by by-law is insufficient to cover the cost of carrying out the object of the by-law, the municipality shall allocate for that purpose the missing amount out of the general fund.

Where the tax imposed to reimburse the loan is to be borne by part only of the owners of taxable immovables in the territory of the municipality, the council may, by by-law, impose a special tax on those immovables to pay into the general fund a sum equal to the sum withdrawn under the first paragraph. The tax may be imposed in respect of a period not exceeding the term of repayment of the loan.

Where the tax imposed to reimburse the loan is to be borne by both the municipality and by part only of the owners of taxable immovables in the territory of the municipality, the second paragraph applies except that the council shall

(1)  take into account the cause of the insufficiency of funds in apportioning the tax imposed to reimburse the loan;

(2)  comply with the proportion fixed for the apportionment of the tax, subject to paragraph 1.

1984, c. 38, s. 27; 1996, c. 2, s. 187.

488.2. If, in the case contemplated in section 488.1, no excess expenditure has yet been incurred, the municipality may also pass a loan by-law to raise the missing amount.

1984, c. 38, s. 27; 1996, c. 2, s. 209.

489. Any municipality may impose, in accordance with section 487, a special tax for the purposes of paying:

(1)  sums the payment of which is imposed on it by an order made under section 35 or 61 of the Environment Quality Act (chapter Q-2);

(2)  sums claimed under section 113 of the said Act; or

(3)  sums that it owes the Société québécoise d’assainissement des eaux under the Act respecting the Société québécoise d’assainissement des eaux (chapter S-18.2.1).

R. S. 1964, c. 193, s. 525; 1971, c. 50, s. 120; 1979, c. 72, s. 309; 1982, c. 63, s. 144.

490. (Repealed).

R. S. 1964, c. 193, s. 526; 1979, c. 72, s. 310.

491. (Repealed).

R. S. 1964, c. 193, s. 527; 1968, c. 53, s. 4; 1969, c. 55, s. 25; 1971, c. 50, s. 120; 1971, c. 55, s. 6; 1979, c. 72, s. 311.

492. Although the by-law of the council ordering the imposition and levying of certain duties or taxes, in the form of a licence, enacts that failure to pay the said fines or taxes shall constitute an offence, the council may, at its option, instead of instituting penal proceedings, sue for the recovery of the said duties or taxes, whether a licence be issued or not and whether the name of the person liable for the duties or taxes be entered or not in the valuation roll or in the collection roll.

R. S. 1964, c. 193, s. 528; 1979, c. 72, s. 312; 1990, c. 4, s. 178.

493. (Repealed).

R. S. 1964, c. 193, s. 529; 1979, c. 72, s. 313.

494. The council may impose and levy an annual tax, to be fixed by by-law, on every stallion kept for breeding, on every horse aged three years and over, on every bull kept for breeding, on every other head of horned cattle over two years of age, on every dog and on every vehicle kept in the territory of the municipality.

R. S. 1964, c. 193, s. 530; 1996, c. 2, s. 210.

495. (Repealed).

R. S. 1964, c. 193, s. 531; 1979, c. 36, s. 89.

496. In addition to the taxes mentioned in the foregoing sections of this subdivision 28, the council may also impose such taxes as are otherwise authorized by this Act.

Every tax imposed by virtue of the foregoing provisions shall be payable annually and, subject to Division IV of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes, at the time fixed by the by-laws.

R. S. 1964, c. 193, s. 532; 1989, c. 68, s. 10.

497. Any person, not being the owner, who pays municipal taxes imposed in consideration of the land which he occupies, shall be subrogated without other formality, in the prior claims and legal hypothecs of the municipality on the immovable property of the owner, and may, unless there be an agreement to the contrary, withhold from the rent or from any other debt which he owes him, or recover from him by personal action, the amount which he has paid in principal, interest and costs.

Saving the provisions of the preceding paragraph, any person, not being the debtor, who pays a municipal or school, property or personal, general or special tax, or the water-rates for a third party, with the consent in writing of the latter, is of right subrogated in the prior claims and legal hypothecs of the municipality on the movable and immovable property of the debtor and may recover from him the amount of taxes so paid. Such subrogation shall be of no effect unless the receipt given by the treasurer of the municipality who is bound to issue such receipt states that the payment was made by a third party for the debtor.

The fact that the taxes were paid by a third party and that the latter is subrogated in the prior claims and legal hypothecs of the municipality must be noted in the books of the municipality and mentioned in every statement furnished by an officer or employee of the municipality respecting the taxes owed by any person or affecting an immovable. The omission of such mention shall render the municipality liable for the prejudice caused thereby to a third person, saving its recourse against the officer or employee in default.

R. S. 1964, c. 193, s. 534; 1968, c. 55, s. 5; 1992, c. 57, s. 472; 1994, c. 30, s. 91; 1996, c. 2, s. 209; 1999, c. 40, s. 51.

498. Municipal taxes, imposed on any immovable, may be collected from the tenant, occupant or other possessor of such immovable as well as from the owner thereof, or from any subsequent acquirer of such immovable, even where such tenant, occupant, possessor or acquirer is not entered on the valuation roll.

In the case of any tax imposed on any partnership, in respect of the business of such partnership, such tax may be claimed and recovered in full from any member thereof.

R. S. 1964, c. 193, s. 535; 1992, c. 57, s. 473; 1999, c. 40, s. 51.

499. The council may pass such by-laws as may be necessary to enforce the collection of any special tax imposed in virtue of this Act.

Nevertheless a sale by the sheriff or any other sale having the effect of a forced sale shall not free an immovable from the taxes and special assessments imposed on such immovable which are not yet due.

R. S. 1964, c. 193, s. 536.

500. The municipal council having jurisdiction to send municipal tax bills in the territory of the school board or a part thereof may, by agreement with the school board, order the treasurer to collect the school taxes levied on the immovables situated on their common territory.

Levying of these taxes shall be carried out in accordance with sections 311 to 324 of the Education Act (chapter I-13.3).

R. S. 1964, c. 193, s. 537; 1979, c. 72, s. 314; 1988, c. 84, s. 551.

III.  — Collection roll and collection of taxes

501. The treasurer shall make a general collection roll, each year, at the time fixed by the council, including all taxes, both general and special, then imposed, mentioning them separately.

He shall also make a special collection roll whenever any special tax has been imposed, after the making of the general collection roll, or whenever he is ordered so to do by the council. Such special roll shall exist as a separate roll, only until the date fixed by the council for the preparation of the new general roll, and it must then be included in the new general roll which the treasurer shall prepare.

Notwithstanding the foregoing, in the case of section 474.6, the special collection roll made following the imposition of a special tax as a consequence of the adoption of a supplementary budget shall be separate from the general collection roll even after the date fixed by the council for the preparation of the general roll.

R. S. 1964, c. 193, s. 538; 1984, c. 38, s. 28.

502. (Repealed).

R. S. 1964, c. 193, s. 539; 1988, c. 84, s. 552.

503. The collection roll shall not be completed before 1 January nor until the budget of the municipality has been adopted and transmitted to the Minister of Municipal Affairs and Greater Montréal.

The treasurer, after having completed the collection roll, shall give public notice by which he announces that the general collection roll or the special roll, as the case may be, is deposited at his office and that the tax accounts shall be sent within the allotted time.

The first and second paragraphs apply to every municipality governed by this Act, even if a provision of its charter that came into force before 15 December 1977 repeals, replaces or amends, directly or indirectly, one or both of those paragraphs. However, subject to section 3, the first and second paragraphs do not apply to Ville de Laval.

R. S. 1964, c. 193, s. 540; 1968, c. 55, s. 138; 1975, c. 66, s. 22; 1985, c. 27, s. 31; 1996, c. 2, s. 188; 1999, c. 40, s. 51; 1999, c. 43, s. 13.

504. Within sixty days following the day on which notice of the deposit of the roll was given, the treasurer shall transmit by mail, to every person entered on such roll, a demand for payment of the taxes. Such taxes shall be payable, subject to Division IV of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes, within thirty days following the mailing of such demand for payment.

This section applies subject to section 81 of the Act respecting municipal taxation.

R. S. 1964, c. 193, s. 541; 1968, c. 55, s. 138; 1975, c. 66, s. 23; 1989, c. 68, s. 11; 1991, c. 32, s. 163.

IV.  — Seizure and sale of movables for non-payment of taxes

505. If the taxes are not paid at the expiry of the time prescribed therefor by section 504 or, as the case may be, any other period of time applicable under Division IV of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes, the treasurer may levy them, together with costs, by seizure and sale of such movables liable to seizure and belonging to such persons, as may be found in the territory of the municipality.

R. S. 1964, c. 193, s. 542; 1968, c. 55, s. 139; 1989, c. 68, s. 12; 1996, c. 2, s. 210.

506. Such seizure and sale shall be made under a warrant prepared by the mayor and signed and issued by the clerk of the Court of Québec or the clerk of the Superior Court, according to the amount claimed, addressed to a bailiff and executed by that officer, under his oath of office, according to the same rules and under the same responsibilities and penalties as a writ of execution against movable property issued by the Court of Québec.

The mayor, in preparing such warrant, shall not incur any personal responsibility, but shall act under the responsibility of the municipality.

The clerk of the Court of Québec or the clerk of the Superior Court shall issue the warrant upon the filing of a certificate of the mayor establishing that the debt is exigible in the amount indicated therein.

R. S. 1964, c. 193, s. 543; 1965 (1st sess.), c. 17, s. 2; 1986, c. 95, s. 53; 1988, c. 21, s. 66.

507. If the debtor be absent, or if there be no person to open the doors of the house, cupboards, chests or other closed places, or in the event of a refusal to open the same, the seizing officer may, by an order of the clerk of the Court of Québec, of the clerk of the Superior Court or of any justice of the peace, be empowered to cause the same to be opened by the usual lawful means, in presence of two witnesses, with all necessary force.

R. S. 1964, c. 193, s. 544 (part); 1965 (1st sess.), c. 80, a. 1; 1986, c. 95, s. 54; 1988, c. 21, s. 66.

508. The sale may only be stopped by an opposition before the Court of Québec or the Superior Court, according to the amount claimed, where an opposition to the seizure of movables is permitted by the Code of Civil Procedure (chapter C-25). Such opposition must be accompanied by an order to suspend signed by the judge or clerk. It shall be returnable in eight days and is proceeded upon and decided according to the rules of the Code of Civil Procedure.

In addition to the grounds mentioned in article 596 of the Code of Civil Procedure, opposition to annul a seizure may be taken to the competent court for any cause likely to affect the claim of the municipality.

R. S. 1964, c. 193, s. 545; 1965 (1st sess.), c. 17, s. 2; 1986, c. 95, s. 55; 1988, c. 21, s. 66.

V.  — Suits for Recovery of Taxes

509. The payment of municipal taxes may be claimed also by an action brought in the name of the municipality, before the Court of Québec or the Municipal Court, if there be one.

The clerk of the Court of Québec has the same power as the clerk of the Superior Court under article 194 of the Code of Civil Procedure (chapter C‐25), upon the accomplishing of the same formalities, to render judgment against the defendant who fails to appear or to plead, provided that a detailed statement of the account for the municipal taxes claimed by the action be filed, and that the declaration, under oath or affidavit, establishing that the amount is due to the knowledge of the deponent, be given and subscribed to by the clerk or secretary‐treasurer, or by the treasurer of the municipality. Such oath is taken before the mayor of the municipality, or before a justice of the peace, a commissioner for oaths or a notary.

The sale of an immovable by the sheriff or other officer, in execution of a judgment in such an action, is subject to its being redeemed, in the same manner and same time as sales by the clerk of the municipality.

The defendant may obtain a stay of such action if the rolls, by‐laws, minutes or other municipal acts upon which it is based are sought to be quashed or annulled, unless section 252.1 of the Act respecting municipal taxation (chapter F‐2.1) provides that the tax must be paid despite the proceedings to quash or annul. This stay is ordered by the court before whom the proceedings to quash or annul are pending, at its discretion.

R. S. 1964, c. 193, s. 546; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1979, c. 72, s. 315; 1988, c. 21, s. 66; 1989, c. 68, s. 13; 1989, c. 52, s. 120; 1996, c. 2, s. 189; 1999, c. 40, s. 51.

510. An appeal shall lie to the Court of Appeal from the final decision in actions brought in virtue of section 509, if the sum claimed exceeds $1,000.

R. S. 1964, c. 193, s. 547; 1974, c. 11, s. 2; 1989, c. 52, s. 121.

VI.  — Sale of Immovables for Non-payment of Taxes

511. After the expiration of the six months next after the notice of deposit of the collection roll, the treasurer shall draw up a statement showing the immovables on which the taxes assessed have not been paid, in whole or in part.

R. S. 1964, c. 193, s. 548.

512. The council, after examining the statement filed by the treasurer, may order the clerk to sell such immovables at public auction, at the office of the council or at any other place mentioned in the order, in the manner hereinafter prescribed.

R. S. 1964, c. 193, s. 549.

513. Within 30 days of the order of the council, the clerk shall give public notice of the day, hour and place where the sale by auction will be held. The notice shall contain a description, according to the provisions of the Civil Code, of the immovables the sale whereof is so ordered, stating the name of the owner according to the assessment roll. However, the description of an immovable contemplated in section 7.1 is made by the description of the land on which it is situated and a summary description of the immovable contemplated accompanied, if possible, with the name and address of its owner and any other indication that may help to identify it.

The notice may contain an abridged enumeration of the consecutive cadastral numbers of immovables belonging to the same owner.

R. S. 1964, c. 193, s. 550; 1969, c. 55, s. 26; 1977, c. 5, s. 14; 1979, c. 72, s. 316; 1996, c. 27, s. 31; 1997, c. 93, s. 63; 1999, c. 40, s. 51.

514. Such notice shall also be published twice in a newspaper circulated in the territory of the municipality. The sale cannot be held before the expiration of 15 days from the second publication.

At the time of the first publication of the notice, the clerk must immediately transmit a copy thereof by registered or certified letter to the registrar, and it shall be the duty of the registrar to notify interested parties in the manner indicated by the Civil Code.

Failure to notify the registrar shall not render the proceedings null, but the officer or employee so in default shall be responsible for any damage resulting therefrom.

When the sale of an immovable mentioned in the list and notice above mentioned is not proceeded with, the clerk in charge of such sale must inform the registrar thereof by registered or certified letter.

R. S. 1964, c. 193, s. 551; 1968, c. 55, s. 5; 1975, c. 83, s. 84; 1982, c. 63, s. 145; 1995, c. 34, s. 18; 1996, c. 2, s. 190; 1999, c. 40, s. 51; 2000, c. 42, s. 127.

515. The clerk must also, by registered or certified letter, within the time provided in section 513, notify of the date and place of such sale, each person whose property is to be sold and whose name appears on the valuation roll then in force with respect to such immovable.

If such person has no known domicile in Québec, the formality of the notice shall not be necessary.

1975, c. 66, s. 24; 1975, c. 83, s. 84; 1999, c. 40, s. 51.

516. If the sale is stopped by any proceeding which has been decided upon only after the day fixed for the sale, the notice of sale which is to be published in the newspapers shall be sufficient if it is drawn up in conformity with article 682 of the Code of Civil Procedure (chapter C-25) and published according to the provisions of the said article once fifteen days at least before the day fixed for the sale.

R. S. 1964, c. 193, s. 552; 1965 (1st sess.), c. 80, a. 1.

517. At the time appointed for the sale, the clerk or some other person acting for him, shall sell to the highest bidder the immovables described in the notice upon which taxes are still due, after making known the amount to be raised on each of such immovables, including therein a part of the costs incurred for the sale, proportionate to the amount of the debt. The immovables shall be put up and sold separately, in the order in which they are given in the notice.

R. S. 1964, c. 193, s. 553.

518. The sale cannot be suspended except by an opposition taken in the Court of Québec of the district or in the Superior Court of the district, according to their respective jurisdiction, determined by the value of the immovable as entered on the valuation roll in force.

The provisions of articles 678 and following of the Code of Civil Procedure (chapter C-25) shall apply to such opposition, with the necessary modifications.

In addition to the grounds mentioned in article 596 of the Code of Civil Procedure, opposition to annul a seizure may be taken to the competent court for any cause likely to affect the claim of the municipality.

R. S. 1964, c. 193, s. 554; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1986, c. 95, s. 56; 1988, c. 21, s. 66.

519. The purchaser shall pay the amount of his purchase money immediately.

In default of immediate payment, the person making the sale shall, either at once put up the immovable again for sale, or adjourn the sale to the following or any other day within eight days, by giving all persons present notice of such adjournment in an audible and intelligible voice.

R. S. 1964, c. 193, s. 555.

520. On payment by the purchaser of the amount of his purchase money, the clerk shall set forth, in a certificate made in duplicate and signed by himself, the particulars of the sale, and deliver a duplicate of such certificate to the purchaser.

R. S. 1964, c. 193, s. 556.

521. The purchaser shall thereupon be seized of the immovable adjuged, and may enter into possession thereof, subject to the same being redeemed within the year following, but shall not remove timber nor the buildings therefrom during the said year.

R. S. 1964, c. 193, s. 557.

522. Within the ten days following the adjudication, the clerk shall transmit to the registrar a list of the immovables so sold for municipal taxes, with the name of the purchaser of each of such immovables.

The clerk shall also, within the same time, inform by special notice, the property-owners or occupants of each immovable sold, of the sale thereof and of the particulars relating thereto mentioned in the list transmitted to the registrar.

R. S. 1964, c. 193, s. 558; 1975, c. 66, s. 25; 1999, c. 40, s. 51.

523. The proceeds of the sale of each immovable shall be deposited in the office of the clerk of the Superior Court for the district, for distribution according to law.

The clerk of the Superior Court shall obtain from the registrar a copy of any page of the land register concerning the adjudged immovable that may be useful to him for the purposes of apportioning the proceeds of the sale. Where the clerk of the Superior Court considers it necessary and if the amount to be apportioned exceeds $1,000, he may obtain from the registrar the certified statement described in articles 703 to 707 of the Code of Civil Procedure (chapter C‐25). The clerk of the Superior Court shall pay out of the proceeds of the sale the cost of the copy of the page of the land register and, as the case may be, the cost of the certified statement.

The proceeds of the sale shall be apportioned among the creditors according to the rules provided for in the case of a seizure of immovables in execution, without the formality of a scheme of collocation if the amount to be apportioned does not exceed $1,000.

The clerk of the Superior Court, after distribution of the monies, shall deposit in the registry office a certified copy of the judgment of distribution, for the purpose of cancelling totally or partially the registration of the claims or hypothecs which have been paid in whole or in part.

R. S. 1964, c. 193, s. 559; 1983, c. 57, s. 56; 1992, c. 57, s. 474; 1999, c. 40, s. 51; 2000, c. 42, s. 128.

524. If, within one year from the day of the adjudication, the immovable adjudged has not been bought back or redeemed, according to the following provisions, the purchaser shall become the absolute owner thereof.

R. S. 1964, c. 193, s. 560.

525. Such purchaser, upon exhibiting the certificate of his purchase and upon proving the payment of all municipal and school taxes which in the meantime have become due thereon, shall be entitled, at the expiration of one year, to a deed of sale from the council.

He is also entitled to such deed of sale at any time before the expiration of such time, with the consent of the owner of the said immovable or that of his legal representatives and of the prior or hypothecary creditors, which persons must intervene in the said deed to attest their consent.

R. S. 1964, c. 193, s. 561; 1992, c. 57, s. 475; 1999, c. 40, s. 51.

526. The deed of sale shall be executed in the name of the municipality, by the mayor or by the clerk, by deed before a notary.

R. S. 1964, c. 193, s. 562.

527. All the rights acquired by the purchaser shall pass to his heirs or successors.

R. S. 1964, c. 193, s. 563; 1999, c. 40, s. 51.

528. The sale made under the above provisions shall convey the ownership of the immovable adjudged.

R. S. 1964, c. 193, s. 564.

529. It shall vest in the purchaser all the rights of the original owner, and purge the immovable from all hypothecs to which it may be subject, except, subject to the reserve contained in the last paragraph of this section, the claim for special taxes imposed on the immovable and not yet due, claims to constituted ground rents, to seigniorial rights, to rents substituted therefor, to school taxes or assessments and also the sums due to trustees for the assessments imposed upon the said immovable to defray the expenses of building or repairs to churches, vestries, parsonages and burial grounds; but the arrears of the rents, taxes and assessments above mentioned, due before the sale, shall be extinguished by the sale, unless there has been lodged in the office of the council, at least eight days before the sale, a certified account of such arrears, taxes or assessments.

The registration of the deed of sale shall effect the cancellation of the registration of the hypothecs registered against the immovable which are discharged by the sale.

The adjudication of an immovable to a municipality having an interest by reason of a prior claim or legal hypothec upon the said immovable purges the latter from all constituted ground rents, rents under emphyteusis and rents replacing seigniorial rights, counting from the date of the adjudication and as long as the immovable remains the property of the said municipality. Such rents shall again be an encumbrance upon the immovable, but for the future only, counting from the date when the immovable ceases to be the property of the municipality.

R. S. 1964, c. 193, s. 565; 1992, c. 57, s. 476; 1996, c. 2, s. 209; 1999, c. 40, s. 51.

530. Suits for the cancellation of the sale of an immovable made under the above provisions and the right to invoke the illegality thereof shall be prescribed by twelve months counting from the date of the adjudication.

R. S. 1964, c. 193, s. 566.

VII.  — Redemption of immovables sold for taxes

531. An immovable sold for taxes may be redeemed by the owner or his legal representatives, at any time within the year following the day of adjudication, by paying to the purchaser the price of sale, including the cost of the certificate of adjudication, with interest at the rate of ten per cent per annum, a fraction of a year being counted as a whole year.

When the immovable sold is vacant land, the amount payable to the purchaser shall also include the total of the municipal and school taxes, general and special, imposed upon the immovable from the date of adjudication to the date of redemption, if they have been paid by the purchaser; if they have not been paid, the redemption shall free the purchaser therefrom and shall bind the owner to pay them.

R. S. 1964, c. 193, s. 567.

532. The owner shall be then entitled to obtain from the purchaser, but at his own cost, a deed before a notary establishing the reimbursement of the monies and the redemption of the immovable.

The registration of an authentic copy of such deed restores to him the right of ownership of the immovable possessed by him at the time of sale, subject to the prior claims and hypothecary claims which encumbered it at that date, less what was paid on them by the distribution of the proceeds of the sale.

R. S. 1964, c. 193, s. 568; 1992, c. 57, s. 477.

533. Any person, whether authorized or not, may, unless a deed of sale has been effected under the second paragraph of section 525, redeem such immovable in the same manner, but only in the name and for the benefit of the person who was the owner thereof at the time of the adjudication.

R. S. 1964, c. 193, s. 569.

534. The person so redeeming, shall be entitled to be reimbursed, by the owner, the amount he has paid, with interest at 8%.

R. S. 1964, c. 193, s. 570; 1992, c. 57, s. 478.

535. The person redeeming shall take back the property subject to the notarial leases entered into in good faith by the purchaser; but such person is not obliged to maintain such leases for more than one year counting from the date of the adjudication, even though they may have been granted for a longer period.

R. S. 1964, c. 193, s. 571.

VIII.  — Purchase by the municipality of immovables sold for taxes

536. Whenever immovables situated in the territory of a municipality are sold for municipal or school taxes, the municipality may bid upon and acquire such immovables through the mayor or other person, upon the authorization of the council, without having to immediately pay the amount of the adjudication. The municipality may also bid upon and acquire such immovables, at any sheriff’s sale or other sale having the same effect as a sheriff’s sale.

The bid of the municipality shall not however, in any case, exceed the amount of the taxes, in capital, interest and costs, with an amount sufficient to satisfy any prior or hypothecary claim of a rank prior or equal to that of municipal taxes.

R. S. 1964, c. 193, s. 572; 1992, c. 57, s. 479; 1996, c. 2, s. 191.

537. The municipality shall cause to be entered in its name the immovables so purchased, in the valuation and collection rolls and special apportionment rolls, and shall tax them like any other taxable immovable, and such immovables shall remain liable for municipal and school taxes as any other immovables and shall be assessed the same. However, the school taxes thus imposed shall not be exigible from the municipality.

If the right to redeem be exercised, the redemption price shall include, over and above the amount paid by the municipality for the immovable, and the interest at 10% thereon, the amount of general or special municipal and school taxes assessed on such immovables from the date of the adjudication to the date of the redemption, or the instalments due on such taxes if they are payable by instalments, as well as the sums of money due to the municipality for taxes unpaid by the distribution of the proceeds of the sale.

After the redemption, the instalments of special taxes not yet due shall continue to affect the immovable redeemed, and the owner shall be liable thereof.

R. S. 1964, c. 193, s. 573; 1996, c. 2, s. 192.

538. If the right to redeem be not exercised within one year from the adjudication, the clerk, the sheriff or the trustee, as the case may be, shall draw up and sign a deed of sale in favour of the municipality, and have it registered.

R. S. 1964, c. 193, s. 574.

539. (Repealed).

R. S. 1964, c. 193, s. 575; 1968, c. 55, s. 140; 1977, c. 5, s. 14; 1984, c. 38, s. 29; 1995, c. 34, s. 19.

IX.  — Purchase of certain immovable properties by the municipality

540. A municipality may bid upon and acquire any immovable property hypothecated in its favour under any law authorizing it to make a loan to help those who have suffered disaster, at any sale by the sheriff or at any sale having the effect of a sheriff’s sale.

The municipality’s bid must not however exceed the amount of its claim in capital, interest and costs, together with a sufficient sum to satisfy any prior or hypothecary claim having prior or equal rank to that of such claim.

R. S. 1964, c. 193, s. 576 (part); 1992, c. 57, s. 480; 1996, c. 2, s. 193.

541. (1)  The immoveable property so acquired by the municipality must be sold by auction on such conditions as the council determines by resolution which must be mentioned in the notice of sale published in the manner determined by resolution of the council. No such conditions may, however, stipulate time exceeding 20 years for the payment of the price of sale.

Such sale by auction may be made by the clerk of the municipality.

(2)  Such immoveable property may also be sold, by private sale, by the municipality, by resolution, but no such sale shall be complete and have effect until after the approval of the contract by the Minister of Municipal Affairs and Greater Montréal.

The clerk must give a public notice to the effect that within 15 days application will be made to the Minister of Municipal Affairs and Greater Montréal for the approval of the contract. Such notice must contain a description of the immoveable property sold and a notification that any person desirous of opposing the sale may apply to the Minister of Municipal Affairs and Greater Montréal within 15 days of the notice. After examination of the contract and upon reception of a certified copy of the notice together with the clerk’s certificate or any other proof of its publication, the Minister of Municipal Affairs and Greater Montréal, after the expiry of the 15th day after the publication of the notice, shall grant or refuse to grant his approval of the contract.

R. S. 1964, c. 193, s. 578; 1999, c. 40, s. 51; 1999, c. 43, s. 13.

§ 29 . — Exemption from Taxation

542. The council may, by resolution, exempt the poor of the territory of the municipality from the payment of taxes.

R. S. 1964, c. 193, s. 579; 1996, c. 2, s. 194.

542.1. The council may, by by-law, adopt a revitalization program for any sector it delimits within any zone specified in the zoning by-law in which the majority of the buildings are over 20 years old and in which less than 25 % of the area is made up of vacant lots.

The program shall determine, where applicable,

(1)  the persons or classes of persons that may benefit from the program;

(2)  the buildings or classes of buildings covered by the program;

(3)  the nature of activities covered;

(4)  the nature of financial assistance, including a tax credit, that may be granted and the duration of the assistance, which in no case may exceed five years;

(5)  the terms and conditions governing the administration of the program.

1982, c. 63, s. 146; 1985, c. 27, s. 32; 1986, c. 31, s. 11; 1996, c. 77, s. 17.

542.2. The council may, within the framework of a revitalization program, exercise the powers mentioned in section 28.2.

1983, c. 57, s. 57; 1985, c. 27, s. 32; 1996, c. 2, s. 195; 1996, c. 77, s. 17.

542.3. (Replaced).

1983, c. 57, s. 57; 1985, c. 27, s. 32; 1996, c. 2, s. 196; 1996, c. 77, s. 17.

542.4. The council may, by by-law, adopt a revitalization program for the part of the territory of the municipality that is designated as its “centre” pursuant to a special planning program. It may, on the conditions it determines, order that the municipality grant a subsidy for work consistent with the revitalization program. In no case may the amount of the subsidy exceed the actual cost of the work.

1983, c. 57, s. 57; 1985, c. 27, s. 32; 1986, c. 31, s. 12; 1996, c. 77, s. 18.

542.5. The council may, by by-law, on the conditions and in the sectors of the territory of the municipality it determines, order that the municipality grant a subsidy for the purposes of the demolition of buildings beyond repair, unsuited to their destination or incompatible with their environment or for the purposes of the landscaping of lots or for the repair of immovables isolated by demolition.

The maximum amount of a subsidy may in no case exceed the actual cost of the work.

1984, c. 27, s. 50; 1985, c. 27, s. 32; 1996, c. 2, s. 197.

542.5.1. The council may, by by-law, adopt an environmental restoration program, in particular for soil decontamination or restoration, to apply in all or part of the territory of the municipality. It may, on the conditions it determines, order that the municipality grant a subsidy for work relating to an immovable consistent with that program. In no case may the amount of the subsidy exceed the actual cost of the work.

The municipality may, with the consent of the owner, carry out on an immovable any work required within the framework of such a program.

1999, c. 59, s. 5.

542.5.2. The council may, on the conditions it determines, order that the municipality be the settlor of a social trust to be constituted for environmental purposes in the territory of the municipality. It may also give to such a trust the mandate to see to the carrying out of work relating to an immovable and resulting from a program referred to in section 542.5.1.

1999, c. 59, s. 5.

542.6. The council may, for the purposes mentioned in sections 542.4 to 542.5.2, establish classes of immovables and classes of work.

The council may combine the classes provided for in the first paragraph. It may establish different conditions according to classes and combinations of classes and order that the subsidies be granted only in respect of one or several of them.

The council may avail itself of the first two paragraphs differently according to the sectors of the territory of the municipality that it determines.

The council of a municipality whose territory comprises more than one “centre” under a special planning program may also avail itself of the first two paragraphs differently in respect of each of them, for the purposes of section 542.4.

1984, c. 27, s. 50; 1985, c. 27, s. 32; 1996, c. 2, s. 198; 1996, c. 77, s. 19; 1999, c. 59, s. 6.

542.7. Sections 542.1, 542.2, and 542.4 to 542.5.2 apply notwithstanding the Municipal Aid Prohibition Act (chapter I‐15).

1985, c. 27, s. 32; 1996, c. 77, s. 20; 1999, c. 59, s. 7.

§ 30 . — Loans

543. The municipality may borrow money for all objects within its jurisdiction.

R. S. 1964, c. 193, s. 580; 1996, c. 2, s. 199.

544. Every by-law ordering a loan must

(1)  specify its object;

(2)  contain a detailed description of the expenditure to be incurred under the by-law;

(3)  indicate the amount and term of the loan.

R. S. 1964, c. 193, s. 582; 1994, c. 33, s. 16.

544.1. Part of the loan, not exceeding 5 % of the amount of the expenditure authorized by the loan by-law in force, may be reserved for the repayment to the general fund of the municipality of all or part of the sums expended, before the passage of the loan by-law, in connection with the object of the by-law.

That part of the loan must be specified in the by-law.

1995, c. 34, s. 20.

545. (Replaced).

R. S. 1964, c. 193, s. 583; 1994, c. 33, s. 16.

546. (Replaced).

R. S. 1964, c. 193, s. 584; 1966-67, c. 54, s. 4; 1984, c. 38, s. 30; 1988, c. 84, s. 705; 1994, c. 33, s. 16.

547. The by-law ordering a loan must also provide, in accordance with the following rules, for the expense incurred for interest and for the establishment of a sinking-fund.

The sinking-fund may be established, either by means of a special tax imposed by the by-law and levied annually until the expiry of the term of the loan upon the taxable immovable property in the territory of the municipality or upon the immovable property of owners or occupants liable for the payment of the loan, or by annually setting aside for that purpose a portion of the general revenues of the municipality. In both instances, the sum paid each year into the sinking-fund must be sufficient to yield, with compound interest thereon at the rate of 3.5 % per annum, the capital to be paid at maturity.

The sum necessary to provide for expense incurred for interest may likewise be taken from the general revenues, or levied annually by a special tax imposed by the by-law on the taxable immovable property in the territory of the municipality or on that of the owners or occupants liable for the payment of the loan.

Nevertheless, no municipality may, to provide for expense incurred for interest and establish the sinking-fund, use more than one-half of the ordinary revenues from the general taxes it is empowered to impose under sections 485 and following and the business tax or the surtax or tax on non-residential immovables it is empowered to impose under the Act respecting municipal taxation (chapter F‐2.1), and the excess it may need for such purposes must be levied by means of a special tax on immovables.

Where a special tax is imposed to be levied annually, it may be levied from the coming into force of the by-law. Until the bonds, notes or other securities are issued, the tax may be levied at a rate sufficient to pay incidental charges in respect of the loan and its object, including interest on temporary loans.

R. S. 1964, c. 193, s. 585; 1979, c. 72, s. 317; 1984, c. 38, s. 31; 1991, c. 32, s. 164; 1992, c. 27, s. 15; 1994, c. 30, s. 92; 1996, c. 2, s. 200; 1999, c. 90, s. 5.

547.1. Any by-law that, pursuant to section 547, imposes a special tax for the establishment of a sinking fund, and that is not based on the value of the immovable, may provide that the ratepayer on whose immovable the tax is imposed may exempt his immovable from the tax by paying in one instalment that portion of the capital which, upon maturity of the loan, would have been provided by the tax imposed on that immovable.

The share payable is calculated according to the assessment roll in force at the time the ratepayer makes the payment, taking account, where applicable, of taxes paid under the by-law before the payment.

The payment must be made before the date indicated in the by-law.

The amount of the loan is reduced by a sum equal to any sum paid under this section.

1985, c. 27, s. 33; 1997, c. 93, s. 64.

547.2. Any loan made by way of successive issues of negotiable instruments in accordance with section 2 of the Act respecting municipal debts and loans (chapter D-7) for shorter terms than the term fixed in the by-law is, for each issue, subject to section 547.1, adapted as required.

1985, c. 27, s. 33; 1988, c. 84, s. 705.

547.3. Any payment made under section 547.1 or 547.2 exempts the immovable from the special tax for the remainder of the term of the loan fixed in the by-law.

1985, c. 27, s. 33.

548. If the loan be reimbursable in yearly or half-yearly payments or by annuities, the monies destined for the sinking fund shall be used each year for the repayment of a part of the principal of the loan. When the loan is repayable otherwise than by yearly or half-yearly payments or by annuities, such sums of money shall be deposited or invested in accordance with the provisions of sections 34 and following of the Act respecting municipal debts and loans (chapter D-7).

Whenever it is obligatory to deposit the sinking fund in the office of the Minister of Finance, and the deposit has not been made as prescribed, the Deputy Minister of Revenue, as well as any trustee, bondholder, ratepayer or any other interested party, may, by an action in law, compel the municipality to make such deposit, and in case a judgment to that effect is obtained against the municipality, the provisions of this Act, respecting the execution of judgments against municipalities and contained in sections 591 to 604, shall apply.

R. S. 1964, c. 193, s. 586; 1988, c. 84, s. 705; 1996, c. 2, s. 209.

549. Loans may be contracted by a municipality by means of an issue of bonds, notes or other securities.

Every bond must bear the seal of the municipality and be signed by the mayor and the treasurer. However, if the treasurer and his assistant are absent or if they are unable or refuse to act, or if the offices of treasurer and assistant treasurer are vacant, another officer or employee of the municipality designated by the council may sign the bonds in their place. The signature of the mayor may be printed, lithographed or engraved on the bonds. The signature of the treasurer may also, with the authorization of the council, be printed, lithographed or engraved on the bonds.

Every bond heretofore or hereafter issued shall be deemed to have been validly signed if it bears the signature of each person who is required to sign it under this section on the date the bond bears or on the date it was signed.

Such bonds may be made payable to a named holder, to his order or to bearer. They shall be payable at the dates fixed by the by-law, and shall bear interest payable semi-annually at the dates also fixed by the by-law.

The bearer bonds may be transferred by delivery.

The bonds payable to any person and the bonds payable to any person or order may be transferred by endorsation. After general endorsation thereof by such person they shall be payable to bearer and be transferable by delivery.

If a bond is registered in the name of a person under the Act respecting municipal debts and loans (chapter D-7), it may be transferred only if the registration is corrected to mention the name of the transferee or to indicate that the bond is payable to bearer. That condition is added to the pertinent transfer procedure mentioned in the fifth or sixth paragraph.

A transfer carried out in accordance with the fifth or sixth paragraph or the seventh paragraph, as the case may be, shall vest the property thereof in the transferee and entitle him to bring action thereon in his own name.

R. S. 1964, c. 193, s. 587; 1968, c. 55, s. 142; 1983, c. 57, s. 58; 1984, c. 38, s. 32; 1988, c. 84, s. 705; 1992, c. 27, s. 16; 1994, c. 33, s. 17.

550. The bonds shall mention:

(1)  the name of the municipality issuing;

(2)  the by-law under which issued;

(3)  the amount for which issued;

(4)  the rate of yearly interest;

(5)  the time and place of payment of both interest and capital;

(6)  the date of issue.

R. S. 1964, c. 193, s. 588.

551. Coupons may be annexed to each bond, each of which shall constitute the title for one instalment of interest. Such coupons shall be payable to the person entitled thereto pursuant to the last four paragraphs of section 549 when the interest specified therein falls due, and shall bear an indicating number as well as the number of the bond to which they are attached.

They shall be signed by the persons contemplated in the second paragraph of section 549; but a facsimile of the signatures of those persons, printed, lithographed or engraved on the coupons, shall be sufficient.

On payment of the interest, the coupons shall be handed to the treasurer, and the possession of any coupon by such officer or employee shall be proof that the interest specified therein has been paid.

Any municipality not governed by the provisions of this section may enact, by by-law of its council, that these provisions shall apply to the said municipality.

R. S. 1964, c. 193, s. 589; 1968, c. 55, s. 5; 1983, c. 57, s. 59; 1996, c. 2, s. 201.

552. The principal and interest of every bond shall be secured by the general funds of the municipality.

R. S. 1964, c. 193, s. 590.

553. The council may stipulate, in the by-law, that the loan will be repayable in annual or semi-annual payments covering a portion of the principal, the interest being represented by coupons, or in annuities covering both interest and a portion of the principal and represented by titles or bonds maturing annually or semi-annually.

In both cases, the by-law shall contain a table of the payments or annuities, showing the amount payable at each date of maturity, the number of bonds redeemable annually or semi-annually and the amount of each of them.

R. S. 1964, c. 193, s. 591; 1968, c. 55, s. 143; 1984, c. 38, s. 33.

554. The municipality shall sell the bonds it is authorized to issue, by adjudication, on written tenders, after a notice, published in the Gazette officielle du Québec at least 15 days before the date fixed for the taking into consideration of the tenders, at a public sitting of the council of the municipality or of one of its committees. The Minister of Municipal Affairs and Greater Montréal may, however, prescribe any other means of publication and fix, in that case, other time limits.

Such notice shall state the amount, term and mode of repayment of the loan, the rate of interest, and the place, day and hour fixed for the opening of tenders.

The council shall not, without the previous authorization of the Minister of Municipal Affairs and Greater Montréal, award the contract to any person other than the one who has made the most advantageous tender within the time fixed.

The Minister of Municipal Affairs may, however, authorize the municipality to sell its bonds by mutual agreement without the formalities prescribed by this section, on the conditions that he may deem expedient to impose.

R. S. 1964, c. 193, s. 592; 1977, c. 52, s. 17; 1984, c. 38, s. 34; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 1999, c. 43, s. 13.

555. The council may, by resolution, commission the Minister of Municipal Affairs and Greater Montréal to receive and open the tenders provided for in section 554 on behalf and in the name of such municipality.

Where such is the case, the tenders must be sent to or deposited at the place determined by the Minister as notified by him to the clerk of the municipality together with the day and time fixed for the opening of the tenders.

For the purposes of this section, the Minister may act through the representative designated by him.

The resolution contemplated in the first paragraph binds the Minister from the time he receives certified copy of it until he receives certified copy of a resolution to the contrary.

1977, c. 52, s. 18; 1999, c. 43, s. 13.

555.1. The council may, by by-law, on the conditions it determines, delegate to the treasurer the power to award the contract, in the name of the municipality, to the person entitled thereto in accordance with section 554.

1995, c. 34, s. 21.

555.2. A municipality which contracts a loan by means of an issue of notes may choose the lender by following the procedure for a call for tenders, adapted as required, prescribed in section 554.

1995, c. 34, s. 21.

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs and Greater Montréal for approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications requires only the approval of the Minister.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17; 1999, c. 43, s. 13.

557. Where a referendum poll is required pursuant to the Act respecting elections and referendums in municipalities (chapter E-2.2), approval of the by-law requires not only that the number of affirmative votes be greater than the number of negative votes, but also that the total number of votes cast be equal to or greater than the following proportion of the qualified voters domiciled in the territory of the municipality:

(1)  one eighth, if there are fewer than 1,000;

(2)  eight hundredths, if there are 1,000 or over but not over 2,000;

(3)  one twentieth, if there are 2,000 or over.

If the result of the computation provided for in the first paragraph is a number that includes a fraction, the fraction shall be counted as a unit.

R. S. 1964, c. 193, s. 595; 1968, c. 55, s. 146; 1984, c. 38, s. 35; 1987, c. 57, s. 723; 1996, c. 2, s. 210.

558. (Repealed).

R. S. 1964, c. 193, s. 596; 1968, c. 55, s. 146; 1979, c. 72, s. 318; 1984, c. 38, s. 36.

559. (Repealed).

R. S. 1964, c. 193, s. 597; 1968, c. 55, s. 146; 1979, c. 72, s. 319; 1984, c. 38, s. 36.

560. (Repealed).

R. S. 1964, c. 193, s. 598; 1984, c. 38, s. 36.

561. Where the repayment of a loan is to be borne by the owners of immovables of a part only of the territory of the municipality or by those who benefit from the works as determined under section 487, the tax to be levied each year during the term of the loan shall be assessed only on the immovables of the owners concerned.

The tax must be sufficient to pay the interest each year and make up the capital repayable at the maturity of the bonds, notes or other securities.

R. S. 1964, c. 193, s. 599; 1968, c. 55, s. 147; 1975, c. 66, s. 27; 1979, c. 36, s. 90; 1984, c. 38, s. 37; 1985, c. 27, s. 34; 1986, c. 31, s. 13; 1987, c. 57, s. 724; 1992, c. 27, s. 18; 1996, c. 2, s. 202.

561.1. The by-law ordering a loan contemplated in section 561 must be submitted for approval to the Minister of Municipal Affairs and Greater Montréal and to the qualified voters of the concerned part of the territory of the municipality or, as the case may be, that which comprises the aggregate of the immovables of those who benefit therefrom.

For the purposes of the Act respecting elections and referendums in municipalities (chapter E‐2.2), such part of the territory of the municipality is the sector concerned.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

1987, c. 57, s. 724; 1996, c. 2, s. 203; 1999, c. 43, s. 13.

561.2. Where a referendum poll is required pursuant to the Act respecting elections and referendums in municipalities (chapter E-2.2), approval of the by-law contemplated in section 561.1 requires not only that the number of affirmative votes be greater than the number of negative votes, but also that the total number of votes cast be equal to or greater than a majority of the qualified voters contemplated in that section who are domiciled in the territory of the municipality.

1987, c. 57, s. 724; 1996, c. 2, s. 210.

561.3. Where repayment of 75% or more of the loan is to be borne by the owners of immovables of only a part of the territory of the municipality or by those who benefit from the works as determined under section 487, sections 561.1 and 561.2 apply as if the repayment of the entire amount of the loan were to be borne by them.

For the purposes of the first paragraph, that part of the territory of the municipality shall consist of a combination of several separate parts contemplated in the by-law only in the case where the owners of immovables of none of those parts are required to bear 75% or more of the repayment of the loan; the aggregate of the immovables of those who benefit from the works shall constitute such a separate part.

1987, c. 57, s. 724; 1996, c. 2, s. 204.

562. The clerk shall transmit a certified copy of the loan by-law to the Minister of Municipal Affairs and Greater Montréal, together with every other document he may require.

The clerk must provide the Minister with any information requested by him with respect to the by-law.

R. S. 1964, c. 193, s. 600; 1968, c. 55, s. 147; 1972, c. 49, s. 137; 1975, c. 66, s. 28; 1977, c. 5, s. 14; 1979, c. 36, s. 91; 1979, c. 72, s. 320; 1979, c. 49, s. 33; 1982, c. 25, s. 46; 1984, c. 38, s. 38; 1987, c. 57, s. 725; 1988, c. 49, s. 42; 1989, c. 69, s. 2; 1992, c. 27, s. 19; 1999, c. 43, s. 13.

563. (Repealed).

R. S. 1964, c. 193, s. 601; 1992, c. 27, s. 20.

563.1. In addition to obtaining any approval required under section 556, the council shall, before contracting a loan, have the conditions of the loan approved by the Minister of Municipal Affairs and Greater Montréal.

However, approval of the conditions of a loan is not required in respect of a loan contracted by means of an issue of bonds, a loan contracted by means of an issue of notes following the application of the procedure for a call for tenders prescribed in section 554, or a loan contracted by means of an issue of notes for an amount less than $100 000.

1984, c. 38, s. 39; 1992, c. 27, s. 21; 1995, c. 34, s. 22; 1999, c. 43, s. 13.

563.2. (Repealed).

1989, c. 69, s. 3; 1992, c. 27, s. 22.

564. Notwithstanding any inconsistent provision, the council may amend a loan by-law by a resolution requiring no approval if the amendment does not change the object of the loan and

(1)  does not increase the burden on the ratepayers or

(2)  increases the burden on the ratepayers by reason only of an increase in the rate of interest or the shortening of the term of repayment.

For the purposes of the first paragraph, the burden on the ratepayers is considered not to be increased where the additional cost arising from a change in the borrowing method is connected with the administrative expenses of the new borrowing method and nothing else.

The clerk shall send a copy of the resolution passed under this section to the Minister of Municipal Affairs and Greater Montréal.

R. S. 1964, c. 193, s. 602; 1966-67, c. 54, s. 5; 1968, c. 55, s. 148; 1970, c. 46, s. 2; 1975, c. 66, s. 29; 1977, c. 5, s. 14; 1984, c. 38, s. 40; 1986, c. 31, s. 14; 1999, c. 40, s. 51; 1999, c. 43, s. 13.

565. The council may, by by-law requiring only the approval of the Minister of Municipal Affairs and Greater Montréal, amend or replace any special tax imposed by a loan by-law under which notes, bonds or other securities have been issued.

At least 30 days before it is submitted to the Minister, the amending by-law must be published in accordance with the procedure prescribed for the publication of public notices, with a notice stating that any person wishing to object to the approval of the by-law must so inform the Minister in writing within the 30 days.

If the special tax is imposed under a loan resolution, the council may proceed by resolution rather than by by-law. This section applies, mutatis mutandis, to the approval of the resolution.

1975, c. 66, s. 29; 1977, c. 5, s. 14; 1984, c. 38, s. 40; 1992, c. 27, s. 23; 1999, c. 43, s. 13.

566. Sections 564 and 565 apply to every loan by-law or resolution, except in the case of a temporary loan, whatever the Act under which it was passed.

1975, c. 66, s. 29; 1984, c. 38, s. 40.

567. (1)  The provisions of this subdivision 30 shall apply to by-laws enacting an issue of bonds to pay off a debt by delivery of bonds to the creditors, or to grant assistance where the same is permitted.

(2)  The council may, by resolution, order temporary loans for the payment of current administration expenses or expenses for which payment of a subsidy by the Government or one of its ministers or agencies is assured and may contract them on the conditions and for the period it determines.

The council may also contract temporary loans to pay all or part of the expenses made under a loan by-law. If, in that case, the amount exceeds 90 % of that of the bonds, notes or other securities the issue of which is authorized by the by-law, the council shall obtain prior authorization of the Minister of Municipal Affairs and Greater Montréal.

(3)  A municipality which incurs expenses in respect of all or any part of which payment of a subsidy by the Government or one of its ministers or agencies is assured may, by by-law requiring the approval of only the Minister of Municipal Affairs and Greater Montréal, order a loan for an amount not exceeding the amount of the subsidy and for a term corresponding to the period fixed for the payment of the subsidy.

R. S. 1964, c. 193, s. 603; 1968, c. 55, s. 149; 1969, c. 55, s. 28; 1977, c. 5, s. 14; 1979, c. 72, s. 321; 1982, c. 63, s. 147; 1984, c. 38, s. 41; 1992, c. 27, s. 24; 1999, c. 43, s. 13.

568. The member of a council who, knowingly, by his vote or otherwise, authorizes the municipality to make or makes on its behalf a loan exceeding the approved amount or a loan which has not received one or another of the approvals contemplated in this subdivision 30, when such approval is required by law or by the charter, may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C‐25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

1975, c. 66, s. 30; 1968, c. 55, s. 5; 1977, c. 52, s. 19; 1987, c. 57, s. 726; 1999, c. 40, s. 51.

§ 31 . — Working fund

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish both operations.

In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

(1.1)  In no case may the amount of the fund exceed 10 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The council may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed twelve months. The council shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-funds.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working-fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C‐25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25; 1999, c. 40, s. 51.

§ 31.1 . — Financial reserves

1997, c. 93, s. 65.

569.1. The council may, by by-law, establish for the benefit of the entire territory of the municipality or of a specific sector a financial reserve for a specific purpose for the financing of expenditures other than capital expenditures.

The duration of existence of a reserve must be determined, unless the fixing of such a limit would be incompatible with the purpose for which the reserve is established.

1997, c. 93, s. 65.

569.2. A financial reserve shall be made up of the sums allocated to it each year and interest earned on the sums.

A reserve established for the benefit of the entire territory of the municipality may be made up of sums from the portion of the general fund of the municipality allocated for that purpose by the council, or of sums from a special tax provided for in the budget for that purpose and imposed on the taxable immovables in the entire territory of the municipality.

A reserve established for the benefit of a specific sector may be made up only of sums from a special tax provided for in the budget for that purpose and imposed on the taxable immovables situated in that sector.

1997, c. 93, s. 65.

569.3. The by-law establishing a financial reserve must be submitted for approval to the qualified voters of the entire territory of the municipality or of the sector for whose benefit the reserve is established. The by-law must set out

(1)  the purpose for which the reserve is established;

(2)  the projected amount of the reserve;

(3)  the mode of financing of the reserve;

(4)  in the case of a reserve of specified duration, the duration of the existence of the reserve;

(5)  the allocation of the amount, if any, by which income exceeds expenditures at the end of the existence of the reserve.

The by-law shall also state that the reserve is established for the benefit of the entire territory of the municipality or for the benefit of a specific sector, and shall, in the latter case, describe the limits of the sector.

1997, c. 93, s. 65.

569.4. All expenditures necessary for the carrying out of the purpose for which the reserve was established must have been made on or before the date on which the reserve ceases to exist.

The treasurer must file not later than at the last sitting of the council before that time a statement of the income and expenditures of the reserve.

The council shall allocate the amount, if any, by which the reserve’s income exceeds its expenditures in accordance with the provisions of the by-law under which the reserve was established. If there is no such provision, any amount in excess shall be paid into the general fund.

1997, c. 93, s. 65.

569.5. A by-law establishing a financial reserve may not provide for a projected amount that, if added to the projected amounts of reserves already established by by-law and still in existence, results in an amount exceeding 15 % of the other appropriations provided for in the budget of the fiscal year during which the by-law establishing the reserve is adopted.

1997, c. 93, s. 65.

569.6. The sums allocated to a financial reserve established under this subdivision must be invested in accordance with section 99.

1997, c. 93, s. 65.

§ 32 . — Expropriations

570. The council may, by complying with the provisions of sections 571 and 572 and the expropriation procedure established by law,

(a)  expropriate any immovable property, any part thereof or any servitude required for the execution of works ordered by it within its jurisdiction;

(b)  expropriate the whole or part of any paved or stoned road in the territory of the municipality and belonging to persons, partnerships or legal persons established for a private interest;

(c)  expropriate any immovable property, any part thereof or any servitude it may need for any municipal purpose, including the parking of motor vehicles.

The foregoing provisions of this section shall not be regarded as restricting the right which the council may otherwise have to acquire, by mutual agreement, immovables for the same purposes.

R. S. 1964, c. 193, s. 605; 1996, c. 2, s. 210; 1999, c. 40, s. 51.

571. The council may not, without the authorization of the Government expropriate the following properties:

(1)  Property belonging to the State, or held in trust for its use;

(2)  Property occupied by the Federal Government or the Gouvernement du Québec;

(3)  Property held or occupied by railway companies, fabriques, or religious, charitable or educational institutions or corporations;

(4)  Cemeteries, bishops’ palaces, parsonages, and their dependencies.

R. S. 1964, c. 193, s. 606; 1977, c. 5, s. 14; 1999, c. 40, s. 51.

572. A special notice of the petition to obtain the authorization contemplated in section 571 must be served on each owner concerned and such notice shall state that after 30 days the petition will be submitted to the Government and that any opposition must be forwarded in writing to the Minister of Municipal Affairs and Greater Montréal within such time.

R. S. 1964, c. 193, s. 607; 1999, c. 40, s. 51; 1999, c. 43, s. 13.

§ 33 . — Awarding of contracts

573. (1)  The following contracts, if they involve an expenditure of $100,000 or more and are not covered by paragraph 2 of section 573.3.0.2, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

(4)  contracts for the supply of services other than professional services

(a)  referred to in paragraph 1 of section 573.3.0.2;

(b)  necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the municipality and in a newspaper that is circulated in the territory of the municipality or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.

For the purposes of the third paragraph,

(1) “construction contract” : means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2) “supply contract” : means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property;

(3) “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

(2)  The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

(2.1)  A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the municipality will be considered.

The call for tenders referred to in the first paragraph may also stipulate that the goods concerned must be produced in a territory comprising Québec and any other province or territory referred to in that paragraph.

(3)  Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

(4)  All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.

(5)  All those who have tendered may be present at the opening of the tenders.

(6)  The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

(7)  Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs and Greater Montréal, award the contract to any person except the one who made the lowest tender within the prescribed time.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effect

(a)  the awarding or the making, without public tender, of a contract which, according to subsection 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subsection 7, subject to subsection 8, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.

The liability mentioned in this subsection is joint and several, and it also applies to every officer or employee of the municipality and to every person who knowingly becomes party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C‐25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23.

573.1. A contract referred to in any of the subparagraphs of the first paragraph of subsection 1 of section 573 or in section 573.3.0.2 may only be awarded after a call for tenders, by way of written invitation, to at least two contractors or two suppliers, as the case may be, if it involves an expenditure of at least $25,000 and of less than $100,000.

Subject to section 573.1.0.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs and Greater Montréal, award the contract to a person other than the person who has submitted the lowest tender.

1977, c. 52, s. 22; 1979, c. 36, s. 93; 1992, c. 27, s. 27; 1996, c. 27, s. 36; 1996, c. 27, s. 36; 1997, c. 53, s. 8; 1999, c. 43, s. 13; 2001, c. 25, s. 34.

573.1.0.1. The council may choose to use a system of bid weighting and evaluating whereby each bid obtains a number of points based on the price as well as on the quality or quantity of goods, services or work, the delivery procedure, servicing, the experience and financial capacity required of the insurer, supplier or contractor or on any other criteria directly related to the procurement.

Where the council chooses to use such a system, the call for tenders or any document to which it refers shall mention all the requirements and all criteria that will be used for evaluating the bids, as well as the weighting and evaluation methods based on those criteria.

In such a case, the council shall not award the contract to a person other than the person whose bid was received within the time fixed and obtained the highest score.

For the purposes of subsection 8 of section 573, the bid having received the highest score shall be considered to be the lowest tender.

1997, c. 53, s. 9.

573.1.0.2. The council may establish a qualification process which shall not discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

However, where the council establishes a qualification process solely for the purposes of awarding a contract referred to in the third paragraph of subsection 1 of section 573, the process may discriminate as permitted in the case of a call for public tenders in relation to such a contract under subsection 2.1 of section 573.

The municipality shall invite the interested parties to obtain their qualification or the qualification of their goods or services, by causing the clerk to publish a notice to that effect in accordance with the rules set out in the third paragraph of subsection 1 of section 573.

1997, c. 53, s. 9.

573.1.0.3. A call for tenders may stipulate that the goods, services, insurers, suppliers or contractors concerned by or able to satisfy the call for tenders must first be certified, qualified or registered by an organization accredited by the Standards Council of Canada or first be certified or qualified under the process provided for in section 573.1.0.2.

The first paragraph does not apply where, under the process provided for in section 573.1.0.2, only one insurer, supplier or contractor has become qualified.

1997, c. 53, s. 9.

573.1.0.4. Subject to subsections 2.1 and 8 of section 573 and section 573.3.0.1, no call for public tenders or document to which it refers shall discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

1997, c. 53, s. 9; 2001, c. 25, s. 35.

573.1.1. A municipality may enter into a leasing contract in respect of movable property that must be acquired by tender in accordance with section 573 or 573.1, provided it discloses, in the call for tenders, that it will have the option to enter into a leasing contract in respect of the property.

A municipality which opts to enter into a leasing contract must give notice thereof in writing to the successful tenderer. Upon receipt of the notice, the latter must enter into a contract in respect of the movable property, in accordance with the conditions subject to which his tender was accepted, with the lessor which the municipality designates in the notice.

1992, c. 27, s. 28.

573.1.2. An insurance contract awarded by tender for a period of less than five years may, upon termination, be renewed without calling for tenders for one or several terms which, added to the initial term, must in no case exceed five years. Premiums may, after the initial term, be modified for the duration of a new term.

1992, c. 27, s. 28; 1996, c. 27, s. 37.

573.1.3. A municipality may, in a contract awarded in accordance with section 573 or 573.1 involving the transport of bulk material, stipulate that small bulk trucking enterprises subscribing to the brokerage service of an association holding a brokerage permit issued under the Transport Act (chapter T‐12) shall participate in the performance of the contract in the proportion and on the conditions determined by the municipality, in particular as regards the applicable tariff.

1999, c. 38, s. 1.

573.2. In case of irresistible force of such a nature as to imperil the life or health of the population or seriously damage the equipment of the municipality, the mayor may order any expenditure deemed necessary and award any contract necessary to remedy the situation. In such a case, the mayor must make a report of such action and the reasons therefor to the council at its next sitting. However, if the municipality has an executive committee, and if such committee sits before the next sitting of the council, the mayor shall make a substantiated report to such committee. The mayor’s report shall then be tabled in council at the next sitting.

1977, c. 52, s. 22.

573.3. Sections 573 and 573.1 do not apply to a contract involving the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or agency thereof, nor to a contract involving the supply of equipment or materials entered into between municipalities.

Sections 573 and 573.1 do not apply to a contract in respect of movable property or services related to cultural or artistic fields, a contract in respect of subscriptions or computer software for educational purposes or a bulk trucking contract entered into through the holder of a brokerage permit issued under the Transport Act (chapter T‐12).

Sections 573.1 and 573.3.0.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

Section 573.1 does not apply to a contract covered by the regulation in force made under section 573.3.0.1.

1977, c. 52, s. 22; 1979, c. 36, s. 94; 1985, c. 27, s. 35; 1996, c. 2, s. 209; 1999, c. 82, s. 19; 2001, c. 25, s. 36; 2001, c. 68, s. 24.

573.3.0.1. The Government shall, by regulation, establish the rules relating to the awarding of a contract referred to in section 573.3.0.2.

The regulation must determine the procedure for awarding such a contract, requiring it to be awarded after a call for public tenders published in an electronic tendering system approved by the Government, after the use of a register of suppliers or according to any other procedure it specifies, including the choice of the contracting party by agreement. The regulation must also provide for the cases where the second paragraph of section 573.1 or the third paragraph of section 573.1.0.1 applies to a contract covered by the regulation.

The regulation may prescribe categories of contracts, professional services, awarding procedures, amounts of expenditures or territories for calls for tenders, combine categories and make different rules according to the categories or combinations. It may also provide in which cases, when a system of bid weighting and evaluating is used, it is not necessary for price to be one of the evaluation criteria.

Where the regulation determines that a contract is to be awarded after the use of a register of suppliers, it must designate the body responsible for the establishment of the register and for its management and financing and must set out, in particular, the rules that apply to the registration of suppliers and to their selection as suppliers who may tender.

The regulation may establish, in respect of the contracts it specifies, a rate schedule fixing the maximum hourly rate that may be paid by a municipality.

2001, c. 25, s. 37; 2001, c. 68, s. 25.

573.3.0.2. The following contracts, if they involve an expenditure of $100,000 or more, or an expenditure of less than that amount where the regulation so provides, must be awarded in accordance with the regulation under section 573.3.0.1:

(1)  a contract for the supply of services that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary, except if the service is necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions;

(2)  a contract whose purpose is to obtain energy savings for the municipality, where it involves both the providing of professional services and the performance of work or the supply of equipment, materials or services other than professional services.

2001, c. 25, s. 37; 2001, c. 68, s. 26.

573.3.0.3. A municipality may not divide into several contracts having similar subject-matter an insurance contract or a contract for the performance of work, the supply of equipment or materials or the providing of services other than professional services necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions, unless the division is warranted on grounds of sound administration.

2001, c. 25, s. 37.

573.3.1. The Minister of Municipal Affairs and Greater Montréal may, on the conditions he determines, authorize a municipality to award a contract without calling for tenders or otherwise than in accordance with the regulation under section 573.3.0.1 or authorize the municipality to award a contract after calling for tenders by written invitation rather than by publication in a newspaper or rather than as required in the regulation. The Minister may, on his own initiative, exercise that power in respect of all municipalities or any category of municipalities for a contract or any class thereof.

The first paragraph does not apply where calls for tenders are required to be public under an intergovernmental trade liberalisation agreement applicable to the municipality.

1996, c. 27, s. 38; 1997, c. 53, s. 10; 1998, c. 31, s. 25; 1999, c. 43, s. 13; 2001, c. 25, s. 38.

573.3.2. A municipality may obtain any movable property from or through the General Purchasing Director designated under section 3 of the Act respecting the Service des achats du gouvernement (chapter S-4). A municipality may also obtain any service through the General Purchasing Director acting within a mandate entrusted to the General Purchasing Director by the Government under section 4.1 of that Act.

To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, sections 573 and 573.1 do not apply to contracts entered into by the municipality with or through the General Purchasing Director in accordance with the regulations under the Public Administration Act (chapter A-6.01).

1999, c. 59, s. 8; 2000, c. 8, s. 243.

573.4. Sections 573 to 573.3.2 prevail over any inconsistent provision of any special Act, except that:

(a)  section 573 has no effect against any provision of a special Act authorizing the council to exempt the executive committee from the formalities pertaining to public tenders, to the extent provided by the said provision;

(b)  the awarding of contracts remains within the competence of the executive committee where that is the rule under the Act governing the municipality.

1979, c. 36, s. 94; 1992, c. 27, s. 29; 1996, c. 2, s. 205; 1996, c. 27, s. 39; 1999, c. 59, s. 9; 2000, c. 56, s. 121.

573.5. Every municipality may enter into a convention with the Minister of Municipal Affairs and Greater Montréal under which it is authorized by him to negotiate, including with the Société québécoise d’assainissement des eaux, a contract of the kind known as a “turn-key contract”, in exercising its competence in matters of waste water purification.

The municipality and the Minister may agree upon conditions in respect of the contract, the contracting partner or the manner of selecting the contracting partner.

1983, c. 57, s. 61; 1994, c. 17, s. 18; 1999, c. 43, s. 13.

573.6. The turn-key contract must state the objectives contemplated by the municipality and, as the case may be, the cost limits and other general conditions with which the purification facilities must conform.

The contract confers on the contracting partner the responsibility of designing purification facilities that meet the objectives and conform with the limits and conditions, of building the facilities and operating them for a period fixed in the contract, which may in no case be less than five years.

The contract may also confer on the contracting partner the responsibility of ensuring long-term financing of the facilities.

1983, c. 57, s. 61.

573.7. Following a convention made with the Minister of Municipal Affairs and Greater Montréal, the municipality may negotiate a turn-key contract without being required to make a call for tenders, notwithstanding sections 573 and 573.1.

1983, c. 57, s. 61; 1994, c. 17, s. 19; 1999, c. 43, s. 13.

573.8. The municipality shall submit to the Minister of Municipal Affairs and Greater Montréal the draft turn-key contract it has negotiated following the convention.

If the Minister gives his approval, the municipality may make the contract, which requires no other approval.

1983, c. 57, s. 61; 1984, c. 38, s. 43; 1994, c. 17, s. 20; 1999, c. 43, s. 13.

573.9. The Municipal Works Act (chapter T-14) does not apply in the case of work done under a turn-key contract.

1983, c. 57, s. 61.

573.10. Every municipality may, in accordance with section 487, impose a special tax for the purposes of paying all or part of its obligations arising from a turn-key contract.

The municipality may also impose such a tax for the purposes of paying all or part of its share of the expenses, arising from such a contract, of another municipality, an intermunicipal management board or of a metropolitan community.

1983, c. 57, s. 61; 1990, c. 85, s. 122; 2000, c. 56, s. 218.

573.11. A municipality may enter into a contract with a person other than the Société québécoise d’assainissement des eaux under which it entrusts the operation of a waste water purification works to that person.

1986, c. 31, s. 15.

573.12. Any contract under which a municipality entrusts a person with the responsibility of performing work for the conversion of its public lighting network and of administering and maintaining the network during the period determined in the contract may also entrust that person with the responsibility of assuming the financing of the costs relating to the acquisition of the network by the municipality, and may provide for the reimbursement of the costs by means of the payment of instalments to that person by the municipality for such amount and in such number as are determined in the contract.

1994, c. 33, s. 18.

573.13. The Municipal Works Act (chapter T-14) does not apply to work carried out under a contract entered into in accordance with section 573.12.

1994, c. 33, s. 18.

DIVISION XII PENAL PROCEEDINGS

1990, c. 4, s. 179.

574. (Repealed).

R. S. 1964, c. 193, s. 611; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 180.

575. (Repealed).

R. S. 1964, c. 193, s. 612; 1990, c. 4, s. 180.

576. Penal proceedings for an offence under a provision of this Act, the charter, a by-law, a resolution or an order of the council may be instituted by the municipality.

R. S. 1964, c. 193, s. 613; 1990, c. 4, s. 181; 1992, c. 27, s. 30; 1992, c. 61, s. 127.

577. Where a municipality institutes penal proceedings before any court other than a municipal court, the fines imposed for an offence under a provision of this Act, the charter, a by-law, a resolution or an order of the council belong to the municipality.

R. S. 1964, c. 193, s. 614; 1990, c. 4, s. 182; 1992, c. 61, s. 128.

577.1. When penal proceedings are instituted against the municipality, service therein shall be made upon the clerk or the secretary-treasurer, at his office or domicile.

1990, c. 4, s. 183.

578. (Repealed).

R. S. 1964, c. 193, s. 615; 1990, c. 4, s. 184.

579. (Repealed).

R. S. 1964, c. 193, s. 616; 1990, c. 4, s. 184.

580. (Repealed).

R. S. 1964, c. 193, s. 617; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 184.

581. (Repealed).

R. S. 1964, c. 193, s. 618; 1990, c. 4, s. 184.

582. (Repealed).

R. S. 1964, c. 193, s. 619; 1990, c. 4, s. 184.

583. (Repealed).

R. S. 1964, c. 193, s. 620; 1990, c. 4, s. 184.

584. (Repealed).

R. S. 1964, c. 193, s. 621; 1990, c. 4, s. 184.

DIVISION XIII CIVIL REMEDIES AGAINST THE MUNICIPALITY

1990, c. 4, s. 185.

§ 1 . — Notice of Action and Miscellaneous Proceedings

585. (1)  If any person claim or pretend to have suffered bodily injury by any accident, for which he intends to claim damages from the municipality, he shall, within 15 days from the date of such accident, give or cause to be given notice in writing to the clerk of the municipality of such intention, containing the particulars of his claim, and stating the place of his residence, failing which the municipality shall be relieved from any liability for any damages caused by such accident, any provision of law to the contrary notwithstanding.

(2)  In case of any claim for damages to property, movable or immovable, a similar notice shall also be given to the clerk of the municipality, within 15 days, failing which the municipality shall not be liable for any damages, any provision of law to the contrary notwithstanding.

(3)  No such action shall be instituted before the expiration of 15 days from the date of the service of such notice.

(4)  The failure to give such notice shall not, however, deprive any victim of such accident of his right of action, if he prove that he was prevented from giving such notice for any reason deemed sufficient by the court or judge.

The absence of notice or its irregularity because late, insufficient or otherwise defective, must be set up by exception to dismiss action or by dilatory exception, as the case may be, and not by a plea to the merits. Failure to invoke such means within the time and according to the rules established by the Code of Civil Procedure (chapter C‐25), constitutes a waiver of such irregularity.

No contestation of the facts may be inscribed until judgment is rendered on the said exception to dismiss action or on the said dilatory exception and such judgment must dispose thereof and not reserve them for the merits.

(5)  No action in damages shall lie unless such action be instituted within six months after the day on which the accident happened or the right of action accrued.

(6)  The municipality shall have a recourse in warranty against any person whose fault or negligence occasioned the accident and the damage arising therefrom.

(7)  Notwithstanding any general law or special Act, no municipality may be held liable for damage resulting from an accident, of which any person is the victim, on the sidewalks, streets or roads, by reason of the snow or ice, unless the claimant establishes that the said accident was caused by the negligence or fault of the said municipality, the court having to take into account the weather conditions.

(8)  No right of action shall lie against the municipality for damages caused by the back‐flow from a sewer to articles, merchandise or effects kept for any purpose in a cellar or basement, if the claimant has already received compensation from the municipality for similar damages caused at the same place and has not subsequently installed there, 30 cm at least from the floor and at a distance of at least 30 cm from the exterior walls, a support on which such articles, merchandise or effects must be kept.

R. S. 1964, c. 193, s. 622; 1965 (1st sess.), c. 80, a. 1; 1984, c. 47, s. 213; 1996, c. 2, s. 209; 1999, c. 40, s. 51.

586. Every action, suit or claim against the municipality or any of its officers or employees, for damages occasioned by faults, or illegalities, shall be prescribed by six months from the day on which the cause of action accrued, any provision of law to the contrary notwithstanding.

R. S. 1964, c. 193, s. 623; 1999, c. 40, s. 51.

587. Every person who, by any excavation in or obstruction upon any street of the municipality, not authorized by law or the by-laws of the municipality, renders such street unsafe for travel, or who, by negligence in the management of any such excavation or obstruction as shall be authorized, or by failure to maintain proper guards or lights thereat, renders such street insufficient or unsafe for travel, shall be liable for any damage, not caused by the negligence of the injured party, to whomsoever resulting by reason of such obstruction or negligence; and no action shall be maintained against the municipality for such damage, unless such person be joined as defendant, if the municipality calls upon the plaintiff so to do, at the same time informing him of the name, residence and quality of such person.

R. S. 1964, c. 193, s. 624; 1999, c. 40, s. 51.

588. In case of judgment against the defendants under section 587, execution shall first be issued only against the defendant other than the municipality, and the municipality shall not be required to take steps to pay such judgment, including costs of execution against the other defendant, until such execution is returned unsatisfied, or unless there be an opposition to or contestation of the seizure for reasons other than matters of form.

If the municipality pays such judgment it shall become subrogated in the rights of the plaintiff therein, and may enforce payment of the same from the other defendant, and shall be entitled to execution therein against him, and to take such other proceedings as judgment creditors are entitled to take.

R. S. 1964, c. 193, s. 625.

589. When any suit or action is commenced against the municipality, service therein shall be made upon the clerk or the secretary-treasurer, at his office or domicile.

R. S. 1964, c. 193, s. 626.

590. Any provision of law to the contrary notwithstanding, no judgment rendered against the municipality for a pecuniary condemnation only shall be executory before the expiration of thirty days after the date thereof.

R. S. 1964, c. 193, s. 627.

§ 2 . — Execution of Judgments against the Municipality

591. Whenever a copy of a judgment condemning the municipality to pay a sum of money has been served at the office of the council, the treasurer shall, forthwith, upon being authorized by the council or by the mayor, pay the amount thereof out of the funds at his disposal, according to the by-laws made under section 477.

R. S. 1964, c. 193, s. 628.

592. If there be no funds, or if those at the disposal of the treasurer be not sufficient, the council shall, immediately after the service of the judgment, order the treasurer, by resolution, to levy, on the taxable property within the territory of the municipality, a sum sufficient to pay the amount due with the interest and costs.

The council may also proceed by way of a loan by-law requiring only the approval of the Minister of Municipal Affairs and Greater Montréal.

R. S. 1964, c. 193, s. 629; 1968, c. 55, s. 151; 1977, c. 5, s. 14; 1984, c. 38, s. 44; 1996, c. 2, s. 206; 1999, c. 43, s. 13.

593. The court which rendered the judgment may, on petition to that effect presented either in term or in vacation, grant to the council any time which it deems necessary to levy the moneys required.

R. S. 1964, c. 193, s. 630; 1999, c. 40, s. 51.

594. If the judgment have not been satisfied within two months after the service thereof at the office of the council, or at the expiration of the time granted by the court or agreed upon by the parties, the person in whose favour such judgment was rendered may, on producing the return of such service, obtain the issue of a writ of execution from the court against the municipality, returnable before the same court so soon as the amount of the judgment and costs has been levied.

R. S. 1964, c. 193, s. 631; 1999, c. 40, s. 51.

595. Such writ shall be attested and signed by the clerk, sealed with the seal of the court, and addressed to the sheriff of the district in which the territory of such municipality is situated, enjoining him, among other things:

(1)  to levy from the municipality, with all possible despatch, the amount of the debt with interest and costs of the judgment as well as of the execution;

(2)  in default of immediate payment by the municipality,—

(a)  to apportion the sums to be levied on all the taxable property in the territory of the municipality, in proportion to its value, as it appears by the valuation roll, with the same powers and under the same obligations and penalties as the council and the clerk, to whom he shall be lawfully substituted for the levying of such money;

(b)  to prepare without time a special collection roll;

(c)  to publish such special roll in the territory of the municipality, in the manner required by section 503;

(d)  to exact and levy the amounts entered on the special collection roll, in the manner and within the time prescribed by sections 503 and 504;

(e)  in default of the payment of such amounts by the persons who are bound so to do, to levy the same with costs, on their movable property, in the manner prescribed by sections 505 to 508, both inclusive;

(f)  to sell the immovable property liable for such amounts in default of their payment, in the same manner and with the same effect as if he were acting under a writ of execution against immovable property issued by the Superior Court of the district;

(3)  to make a return to the court of the amount levied, and of his proceedings, so soon as the amount of the debt, interest and costs has been collected, or from time to time, as the court may order.

R. S. 1964, c. 193, s. 632; 1996, c. 2, s. 207; 1999, c. 40, s. 51.

596. The sheriff shall execute without delay, either personally or by his officers, all the requirements of such writ or of any other order subsequently issued by the court.

R. S. 1964, c. 193, s. 633.

597. The sheriff shall have free access to the registers, valuation rolls, collection rolls and other documents deposited in the office of the council, and he may demand the services of the officers or employees of the municipality, under the same penalties as if such services were required by the council itself.

R. S. 1964, c. 193, s. 634; 1968, c. 55, s. 5.

598. The sheriff shall take possession of the valuation roll and other documents which are necessary to him for the execution of the judgment and orders of the court.

On the refusal or neglect of the municipal council or of the officers or employees of the municipality to deliver up such documents, he may take possession thereof.

R. S. 1964, c. 193, s. 635; 1968, c. 55, s. 5.

599. If it be impossible for the seizing officer to obtain the valuation roll which should serve as a basis for the collection of the moneys, or if there be no such valuation roll, the sheriff shall, without delay, proceed to make a valuation of the taxable property; and he may base the special collection roll for the money to be levied, on such valuation as if it were the valuation roll in force.

The costs incurred in making such valuation, as taxed by the court from which the writ issued, shall form part of the costs of execution and shall be recoverable from the municipality.

R. S. 1964, c. 193, s. 636.

600. The fees, costs and disbursements of the sheriff shall be taxed in the discretion of the judge of the court from which the writ of execution issued.

R. S. 1964, c. 193, s. 637.

601. The sheriff shall transmit to the office of the council a copy of his special collection roll, and any other roll or document whereof he has taken possession, after having levied the whole amount set forth in the writ of execution, together with interest and costs.

R. S. 1964, c. 193, s. 638.

602. The arrears due, in virtue of the sheriff’s special collection roll, shall belong to the municipality and may be recovered by such municipality in the same manner as any other municipal tax.

If any surplus remain in the hands of the sheriff, it shall belong to such municipality.

R. S. 1964, c. 193, s. 639.

603. The sheriff may obtain from the court any order calculated to facilitate and ensure the complete execution of the writ addressed to him.

R. S. 1964, c. 193, s. 640.

604. If the municipality, against which any judgment has been rendered, holds property in its own name, such property may be seized and taken in execution in the ordinary manner prescribed in the Code of Civil Procedure (chapter C-25).

If any such property be hypothecated for the debt which is the object of the judgment, it shall be sold before the issue of the writ mentioned in section 594.

R. S. 1964, c. 193, s. 641.

§ 3 . — Exoneration of responsibility with respect to roads

1992, c. 54, s. 59.

604.1. The municipality is not liable for damage caused by the presence of an object on the roadway, whether or not the object comes from a motor vehicle or is projected by a motor vehicle.

Neither is it liable for damage caused by the state of the roadway to the tires or to the suspension system of a motor vehicle.

1992, c. 54, s. 59.

604.2. The municipality is not liable for damage resulting from the absence of a fence between the right of way of a street or of a road and contiguous land.

1992, c. 54, s. 59; 1994, c. 33, s. 19.

604.3. The municipality is not liable for damage caused through the fault of a builder or contractor to whom building, rebuilding or maintenance work has been entrusted, for the entire duration of such work.

1992, c. 54, s. 59; 1994, c. 33, s. 20; 1998, c. 35, s. 22.

604.4. Sections 604.1 to 604.3 shall not have the effect of reducing the scope of the exemption provided for in paragraph 7 of section 585.

1992, c. 54, s. 59.

604.5. (Repealed).

1992, c. 54, s. 59; 1996, c. 2, s. 208; 2000, c. 56, s. 122.

DIVISION XIII.1 PROTECTION AGAINST CERTAIN FINANCIAL LOSSES RELATED TO THE PERFORMANCE OF MUNICIPAL DUTIES

1996, c. 27, s. 40.

604.6. A municipality shall

(1)  assume the defence of a person whose election as member of the council of a municipality is contested or who is the defendant or respondent in judicial proceedings brought before a court by reason of the person’s alleged disqualification for office as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;

(2)  assume the defence or the representation, as the case may be, of a person who is the defendant, respondent or accused, or the person impleaded in judicial proceedings brought before a court by reason of the person’s alleged act or omission in the performance of his duties as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality.

Where the person assumes, himself or through an attorney of his choice, the defence or representation, the municipality shall pay any reasonable costs incurred therefor. However, the municipality may, with the consent of the person, reimburse such costs to him instead of paying them.

The municipality is exempt from the obligations set out in the first two paragraphs, in a particular case, if the person renounces in writing, in respect of that case, the application of those provisions.

For the purposes of this division,

(1)  “mandatary body” means any body declared by law to be the mandatary or agent of the municipality and any body whose council is composed of a majority of members of the council of the municipality, whose budget is adopted by the municipality or more than half of the financing of which is assumed by the municipality;

(2)  “court” means, in addition to its ordinary meaning, a coroner, a fire investigation commissioner, an inquiry commission or a person or body exercising quasi-judicial functions.

1996, c. 27, s. 40.

604.7. The person for whom the municipality is required to incur expenses under section 604.6 shall, at the request of the municipality, reimburse all the expenses or the portion of such expenses indicated in the request in any of the following cases:

(1)  the person’s alleged act or omission having given rise to the proceedings is a gross or intentional fault or a fault separable from the performance of his duties;

(2)  the proceedings are brought before the court by the municipality or by a third person at the request of the municipality;

(3)  the person, defendant or accused in the penal or criminal proceedings, has been convicted and had no reasonable grounds to believe that he acted within the law.

In addition, where the municipality incurs the expenses referred to in the first paragraph in reimbursing the expenses relating to the person’s defence or representation assumed by the person himself or by an attorney of his choice, the municipality’s obligation shall cease, in respect of all expenses not reimbursed or the portion of such expenses which the municipality may indicate, from the day on which it is established, by the person’s own admission or by a judgment that has become res judicata, that the request for reimbursement provided for in the first paragraph or the cessation of reimbursement provided for in this paragraph is justified.

The first and second paragraphs apply where the municipality is justified in requiring the reimbursement provided for in the first paragraph or, as the case may be, in ceasing to make reimbursements under the second paragraph.

1996, c. 27, s. 40; 1996, c. 27, s. 40.

604.8. For the purpose of determining whether the justification provided for in the third paragraph of section 604.7 exists, the following objectives shall be considered and weighed one against the other:

(1)  the person referred to in section 604.6 must be reasonably protected against any financial loss which may result from the performance of his duties;

(2)  the monies of the municipality must not be used to protect such a person against financial losses resulting from misconduct which cannot possibly be compared with the errors that may reasonably be expected to be committed by a person performing similar duties.

For the purposes of the first paragraph, the good or bad faith of the person may be taken into account as well as his diligence or negligence in learning the rules and practices relevant to the performance of his duties, the existence or absence of any previous fault related to the performance of his duties, the simplicity or complexity of the circumstances in which he committed a fault, the good or poor quality of the advice given to him and any other relevant factor.

1996, c. 27, s. 40.

604.9. Where the municipality’s right to obtain the reimbursement requested under the first paragraph of section 604.7 is contested, section 604.6, adapted as required, applies in respect of any judicial recourse exercised by the municipality in order to obtain such reimbursement.

The court before which the recourse is exercised shall rule also on the applicability of section 604.7 in respect of all or part of the expenses to be incurred by the municipality for the purposes of the first paragraph of this section, as if the grounds for the recourse were the same as those for the original proceedings referred to in section 604.6.

The court before which the original proceedings referred to in section 604.6 are brought, in the case of a court of justice and civil proceedings, may, at the request of the municipality, rule on the applicability of section 604.7 in respect of such proceedings. Where the municipality is not already a party to or impleaded in the proceedings, it may intervene in order to make and support the request.

1996, c. 27, s. 40.

604.10. Every municipality shall pay damages owing to a third person which result from the fault of a member of its council in the performance of his duties within the municipality or a mandatary body of the municipality, except in the case of a gross or intentional fault or a fault separable from the performance of such duties, or where the member, without the authorization of the municipality, admits his fault or assumes his defence or representation, during the proceedings in which his fault is proved, himself or through an attorney of his choice.

The first paragraph may not be used to establish the fault of a municipality or a mandatary body.

1996, c. 27, s. 40.

604.11. Any municipality may, by by-law, provide for the payment of an indemnity, on application, to any person who has suffered material loss in the performance of his duties as a council member, officer or employee of the municipality or a mandatary body of the municipality.

The by-law must specify the circumstances giving rise to the payment of the indemnity, the amount of the indemnity or the manner of computing that amount, and the time limit for filing an application.

The payment of every indemnity must be decided by the council.

1996, c. 27, s. 40.

604.12. Any benefit provided by a municipality to or in respect of a person under a provision of this division in the period throughout which the person is a member of the council of the municipality, or the provision of which is the subject of an application, deliberation or vote during that period is a condition of employment related to the office of council member for the purposes of sections 304, 305, 361 and 362 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

For the purposes of any provision relating to the disqualification for office as an officer or employee of a municipality, a benefit referred to in the first paragraph is deemed to be provided for by the contract binding the municipality and the officer or employee to or in respect of whom the benefit is provided.

1996, c. 27, s. 40.

604.13. Where a provision of a by-law, resolution, contract or collective agreement provides for a benefit that is not as advantageous to the person to or in respect of whom it is provided as the benefit provided for in a provision of this division, the latter provision shall prevail.

1996, c. 27, s. 40.

604.14. (Repealed).

1996, c. 27, s. 40; 2000, c. 56, s. 122.

DIVISION XIV

Repealed, 1989, c. 52, s. 122.

1989, c. 52, s. 122.

605. (Repealed).

R. S. 1964, c. 193, s. 642; 1968, c. 55, s. 152; 1989, c. 52, s. 122.

606. (Repealed).

R. S. 1964, c. 193, s. 643; 1968, c. 55, s. 152; 1988, c. 74, s. 1; 1989, c. 52, s. 122.

606.1. (Repealed).

1988, c. 74, s. 2; 1989, c. 52, s. 122.

607. (Repealed).

R. S. 1964, c. 193, s. 644; 1968, c. 55, s. 153; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

607.1. (Repealed).

1988, c. 74, s. 3; 1989, c. 52, s. 122.

608. (Repealed).

R. S. 1964, c. 193, s. 645; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

608.1. (Repealed).

1988, c. 74, s. 3; 1989, c. 52, s. 122.

609. (Repealed).

R. S. 1964, c. 193, s. 646; 1968, c. 55, s. 154; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

609.1. (Repealed).

1980, c. 11, s. 42; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

609.2. (Repealed).

1988, c. 74, s. 3; 1989, c. 52, s. 122.

610. (Repealed).

R. S. 1964, c. 193, s. 647; 1968, c. 55, s. 155; 1977, c. 16, s. 1; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

611. (Repealed).

R. S. 1964, c. 193, s. 648; 1968, c. 55, s. 155; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

612. (Repealed).

R. S. 1964, c. 193, s. 650; 1979, c. 36, s. 95; 1989, c. 52, s. 122.

613. (Repealed).

R. S. 1964, c. 193, s. 651; 1968, c. 55, s. 157; 1979, c. 36, s. 96.

614. (Repealed).

R. S. 1964, c. 193, s. 652; 1989, c. 52, s. 122.

615. (Repealed).

R. S. 1964, c. 193, s. 653; 1968, c. 55, s. 158; 1988, c. 74, s. 4; 1989, c. 52, s. 122.

615.1. (Repealed).

1988, c. 74, s. 5; 1989, c. 52, s. 122.

616. (Repealed).

R. S. 1964, c. 193, s. 654; 1989, c. 52, s. 122.

617. (Repealed).

R. S. 1964, c. 193, s. 655; 1990, c. 4, s. 186; 1989, c. 52, s. 122.

618. (Repealed).

R. S. 1964, c. 193, s. 656; 1968, c. 55, s. 159; 1989, c. 52, s. 122.

619. (Repealed).

R. S. 1964, c. 193, s. 657; 1990, c. 4, s. 187; 1989, c. 52, s. 122.

620. (Repealed).

R. S. 1964, c. 193, s. 658 (part); 1965 (1st sess.), c. 80, a. 1; 1990, c. 4, s. 188; 1989, c. 52, s. 122.

620.1. (Repealed).

1990, c. 4, s. 189; 1989, c. 52, s. 122.

621. (Repealed).

R. S. 1964, c. 193, s. 659; 1965 (1st sess.), c. 17, s. 2; 1971, c. 50, s. 120; 1988, c. 21, s. 66; 1989, c. 52, s. 122.

622. (Repealed).

R. S. 1964, c. 193, s. 660; 1974, c. 13, s. 36; 1989, c. 52, s. 122.

623. (Repealed).

R. S. 1964, c. 193, s. 661; 1989, c. 52, s. 122.

624. (Repealed).

R. S. 1964, c. 193, s. 662; 1989, c. 52, s. 122.

625. (Repealed).

R. S. 1964, c. 193, s. 663; 1989, c. 52, s. 122.

626. (Repealed).

R. S. 1964, c. 193, s. 664; 1990, c. 4, s. 190; 1989, c. 52, s. 122.

627. (Repealed).

R. S. 1964, c. 193, s. 665; 1989, c. 52, s. 122.

628. (Repealed).

R. S. 1964, c. 193, s. 667; 1968, c. 17, s. 91; 1990, c. 4, s. 191.

629. (Repealed).

R. S. 1964, c. 193, s. 668; 1969, c. 65, s. 34; 1975, c. 83, s. 84; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1981, c. 7, s. 536; 1986, c. 91, s. 655; 1990, c. 19, s. 11; 1990, c. 4, s. 192; 1989, c. 52, s. 122.

630. (Repealed).

R. S. 1964, c. 193, s. 669; 1990, c. 4, s. 193; 1989, c. 52, s. 122.

631. (Repealed).

R. S. 1964, c. 193, s. 670; 1974, c. 13, s. 36; 1989, c. 52, s. 122.

632. (Repealed).

R. S. 1964, c. 193, s. 671; 1989, c. 52, s. 122.

633. (Repealed).

R. S. 1964, c. 193, s. 672; 1990, c. 4, s. 194; 1989, c. 52, s. 122.

634. (Repealed).

R. S. 1964, c. 193, s. 673; 1990, c. 4, s. 195; 1989, c. 52, s. 122.

635. (Repealed).

R. S. 1964, c. 193, s. 674; 1989, c. 52, s. 122.

636. (Repealed).

R. S. 1964, c. 193, s. 675; 1990, c. 4, s. 196.

637. (Repealed).

R. S. 1964, c. 193, s. 676; 1990, c. 4, s. 197; 1989, c. 52, s. 122.

638. (Repealed).

R. S. 1964, c. 193, s. 677; 1990, c. 4, s. 198; 1989, c. 52, s. 122.

639. (Repealed).

R. S. 1964, c. 193, s. 678; 1989, c. 52, s. 122.

640. (Repealed).

R. S. 1964, c. 193, s. 679; 1989, c. 52, s. 122.

641. (Repealed).

R. S. 1964, c. 193, s. 680; 1989, c. 52, s. 122.

642. (Repealed).

R. S. 1964, c. 193, s. 681; 1990, c. 4, s. 199; 1989, c. 52, s. 122.

643. (Repealed).

R. S. 1964, c. 193, s. 682; 1990, c. 4, s. 200; 1989, c. 52, s. 122.

644. (Repealed).

R. S. 1964, c. 193, s. 683; 1990, c. 4, s. 201; 1989, c. 52, s. 122.

645. (Repealed).

R. S. 1964, c. 193, s. 684; 1990, c. 4, s. 202; 1989, c. 52, s. 122.

646. (Repealed).

R. S. 1964, c. 193, s. 685; 1990, c. 4, s. 203.

647. (Repealed).

R. S. 1964, c. 193, s. 686; 1990, c. 4, s. 203.

648. (Repealed).

R. S. 1964, c. 193, s. 687; 1990, c. 4, s. 204; 1989, c. 52, s. 122.

649. (Repealed).

R. S. 1964, c. 193, s. 688; 1990, c. 4, s. 205; 1989, c. 52, s. 122.

650. (Repealed).

R. S. 1964, c. 193, s. 689; 1969, c. 21, s. 35; 1990, c. 4, s. 206.

651. (Repealed).

R. S. 1964, c. 193, s. 690; 1990, c. 4, s. 207; 1989, c. 52, s. 122.

652. (Repealed).

R. S. 1964, c. 193, s. 691; 1990, c. 4, s. 208; 1989, c. 52, s. 122.

653. (Repealed).

R. S. 1964, c. 193, s. 692; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 74; 1989, c. 52, s. 122.

DIVISION XV

Repealed, 1989, c. 52, s. 122.

1989, c. 52, s. 122.

654. (Repealed).

R. S. 1964, c. 193, s. 693; 1979, c. 36, s. 97; 1982, c. 32, s. 75; 1989, c. 52, s. 122.

655. (Replaced).

R. S. 1964, c. 193, s. 694; 1982, c. 32, s. 75.

656. (Replaced).

R. S. 1964, c. 193, s. 695; 1982, c. 32, s. 75.

657. (Replaced).

R. S. 1964, c. 193, s. 696; 1968, c. 55, s. 5; 1982, c. 32, s. 75.

658. (Replaced).

R. S. 1964, c. 193, s. 697; 1982, c. 2, s. 35; 1982, c. 32, s. 75.

659. (Replaced).

1982, c. 2, s. 36; 1982, c. 32, s. 75.

660. (Replaced).

1982, c. 2, s. 36; 1982, c. 32, s. 75.

661. (Replaced).

1982, c. 2, s. 36; 1982, c. 32, s. 75.

DIVISION XVI

This Division ceased to have effect on 17 April 1987.

662. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

FORMS 1

(Repealed).

R. S. 1964, c. 193, form 1; 1968, c. 55, s. 160; 1996, c. 27, s. 41.

2

(Repealed).

R. S. 1964, c. 193, form 2; 1968, c. 55, s. 160; 1987, c. 57, s. 729.

3

(Repealed).

R. S. 1964, c. 193, form 3; 1968, c. 55, s. 160; 1969, c. 55, s. 30; 1987, c. 57, s. 729.

4

(Repealed).

R. S. 1964, c. 193, form 4; 1968, c. 55, s. 160; 1987, c. 57, s. 729.

5

(Repealed).

R. S. 1964, c. 193, form 5; 1987, c. 57, s. 729.

6

(Repealed).

R. S. 1964, c. 193, form 6; 1987, c. 57, s. 729.

7

(Repealed).

R. S. 1964, c. 193, form 7; 1968, c. 55, s. 5; 1982, c. 2, s. 37; 1987, c. 57, s. 729.

8

(Repealed).

R. S. 1964, c. 193, form 8; 1987, c. 57, s. 729.

9

(Repealed).

R. S. 1964, c. 193, form 9; 1968, c. 55, s. 5; 1987, c. 57, s. 729.

10

(Repealed).

R. S. 1964, c. 193, form 10; 1987, c. 57, s. 729.

11

(Repealed).

R. S. 1964, c. 193, form 11; 1968, c. 55, s. 5; 1987, c. 57, s. 729.

12

(Repealed).

R. S. 1964, c. 193, form 12; 1968, c. 55, s. 5, s. 161; 1979, c. 36, s. 98; 1982, c. 31, s. 149; 1987, c. 57, s. 729.

13

(Repealed).

R. S. 1964, c. 193, form 13; 1987, c. 57, s. 729.

14

(Repealed).

R. S. 1964, c. 193, form 14; 1987, c. 57, s. 729.

15

(Repealed).

R. S. 1964, c. 193, form 15; 1968, c. 55, s. 5; 1980, c. 11, s. 43.

16

(Repealed).

R. S. 1964, c. 193, form 16; 1968, c. 55, s. 162; 1987, c. 57, s. 729.

17

(Repealed).

R. S. 1964, c. 193, form 17; 1987, c. 57, s. 729.

18

(Repealed).

R. S. 1964, c. 193, form 18; 1987, c. 57, s. 729.

19

(Repealed).

R. S. 1964, c. 193, form 19; 1968, c. 55, s. 5; 1982, c. 2, s. 38; 1982, c. 31, s. 150; 1987, c. 57, s. 729.

20

(Repealed).

R. S. 1964, c. 193, form 20; 1987, c. 57, s. 729.

21

(Repealed).

R. S. 1964, c. 193, form 22; 1982, c. 31, s. 151; 1987, c. 57, s. 729.

22

(Repealed).

1968, c. 55, s. 164; 1987, c. 57, s. 729.

23

(Repealed).

1968, c. 55, s. 164; 1987, c. 57, s. 729.

24

(Repealed).

R. S. 1964, c. 193, form 23; 1987, c. 57, s. 729.

25

(Repealed).

R. S. 1964, c. 193, form 24; 1982, c. 31, s. 152; 1987, c. 57, s. 729.

25.1

(Repealed).

1968, c. 55, s. 165; 1982, c. 31, s. 152; 1987, c. 57, s. 729.

26

(Repealed).

1982, c. 31, s. 152; 1987, c. 57, s. 729.

27

(Repealed).

R. S. 1964, c. 193, form 25; 1987, c. 57, s. 729.

28

(Repealed).

R. S. 1964, c. 193, form 26; 1987, c. 57, s. 729.

29

(Repealed).

R. S. 1964, c. 193, form 27; 1987, c. 57, s. 729.

30

(Repealed).

R. S. 1964, c. 193, form 28; 1968, c. 55, s. 5; 1987, c. 57, s. 729.

31

(Repealed).

R. S. 1964, c. 193, form 29; 1987, c. 57, s. 729.

32

(Repealed).

R. S. 1964, c. 193, form 30; 1968, c. 55, s. 5; 1987, c. 57, s. 729.

32.1

(Repealed).

1982, c. 31, s. 153; 1987, c. 57, s. 729.

33

(Repealed).

R. S. 1964, c. 193, form 31; 1987, c. 57, s. 729.

34

(Repealed).

R. S. 1964, c. 193, form 32; 1987, c. 57, s. 729.

35

(Repealed).

R. S. 1964, c. 193, form 33; 1987, c. 57, s. 729.

36

(Repealed).

R. S. 1964, c. 193, form 34; 1979, c. 72, s. 322; 1992, c. 27, s. 31.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 193 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except sections 4a, 576 (part), 577 and 658 (part), effective from the coming into force of chapter C-19 of the Revised Statutes.