C-27.1 - Municipal Code of Québec

À jour au 17 décembre 2002

Ce document a valeur officielle.

chapter C-27.1

Municipal Code of Québec

TITLE PRELIMINARY APPLICATION OF THE MUNICIPAL CODE OF QUÉBEC

DECLARATORY AND INTERPRETATIVE PROVISIONS

1. This Code applies to every municipality of Québec, subject to any inconsistent provision of the charter of the municipality.

However, it does not apply to a municipality governed by the Cities and Towns Act (chapter C-19), except any provision made applicable by this Code or by any other law to the municipality, or to a northern, Cree or Naskapi village.

M.C. 1916, a. 1; 1982, c. 2, s. 1; 1988, c. 19, s. 240; 1996, c. 2, s. 222; 2000, c. 56, s. 125.

2. The Government, upon the petition of the council of any local municipality, may grant letters patent to replace in whole or in part the provisions of its charter by those of this Code, or to strike from its charter any provision for which this Code contains no corresponding provision. Such changes by letters patent shall have the same force and effect as if made by statute.

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.

The Minister of Municipal Affairs and Greater Montréal shall cause such letters patent to be published in the Gazette officielle du Québec with a notice stating the date of their coming into force. 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 letters patent granted before the printing thereof and the legislative provisions that they repeal.

1969, c. 82, s. 1; 1996, c. 2, s. 223; 1999, c. 40, s. 60; 1999, c. 43, s. 13.

3. (Repealed).

M.C. 1916, a. 3; 1979, c. 51, s. 247; 1982, c. 2, s. 2; 1988, c. 19, s. 241; 1990, c. 85, s. 122; 1993, c. 65, s. 90.

4. For the purposes of the exercise by a regional county municipality, including the exercise through a board of delegates, of a power other than the powers set out in Title XXV, a municipality governed by the Cities and Towns Act (chapter C-19) whose territory is included in that of the regional county municipality is deemed to be a local municipality governed by this Code.

The provisions of this Code necessary for the application of the first paragraph, adapted as required, apply to the municipality governed by the Cities and Towns Act referred to in that paragraph.

1982, c. 2, s. 3; 1988, c. 19, s. 242; 1996, c. 2, s. 224.

5. (Repealed).

M.C. 1916, a. 4; 1988, c. 19, s. 243; 1993, c. 65, s. 91.

6. Every municipality, under its name, has perpetual succession, and may:

(1)  acquire property by purchase, donation, legacy or otherwise for the objects within its competence;

(1.1)  alienate any property for valuable consideration; each month the secretary-treasurer 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)  (paragraph repealed);

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

(4)  enter into contracts, bind and oblige itself, and bind and oblige others to itself, and transact within the limits of its powers;

(5)  sue and be sued in any cause, before any court;

(6)  exercise all the powers in general vested in it, or which are necessary for the accomplishment of the duties imposed upon it;

(7)  have a seal, the use of which, however, is not obligatory.

M.C. 1916, a. 5; 1968, c. 86, s. 1; 1977, c. 5, s. 14; 1979, c. 36, s. 1; 1982, c. 63, s. 1; 1984, c. 38, s. 45; 1994, c. 33, s. 21; 1995, c. 34, s. 24; 1996, c. 2, s. 225; 1996, c. 27, s. 42; 1999, c. 40, s. 60.

6.1. A municipality may, by onerous title, transfer or lease rights to and licences for the processes it has developed, its expertise in an 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.

1996, c. 77, s. 21; 2000, c. 56, s. 218.

7. 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 secretary-treasurer shall, within 30 days of the marking 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. 53, s. 1; 1979, c. 36, s. 2; 1984, c. 47, s. 27; 1984, c. 38, s. 46; 1985, c. 27, s. 37; 1992, c. 21, s. 133, s. 375; 1994, c. 23, s. 23; 1995, c. 34, s. 25; 1996, c. 2, s. 226; 1996, c. 16, s. 62; 1997, c. 58, s. 22; 1998, c. 31, s. 26.

8. Every municipality may:

(1)  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;

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

(2.1)  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 by them;

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

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

(5)  entrust to non-profit institutions, partnerships or legal persons the organization and management, on its account, of the activities, agencies or bodies referred to in subparagraphs 2 to 3 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 article.

1979, c. 36, s. 3; 1984, c. 38, s. 47; 1985, c. 27, s. 38; 1996, c. 2, s. 227; 1999, c. 40, s. 60.

8.1. 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.

A regional county municipality may, in addition, furnish technical assistance to an enterprise situated in its territory by providing it with the services of an economic development agent.

1995, c. 34, s. 26; 1996, c. 27, s. 43.

8.2. Article 688.3.1 applies, with the necessary modifications, to any local municipality the charter of which permits the municipality to determine the location of a park, whether or not the local municipality is the owner of the right of way of the park.

The first paragraph of article 688.3.3 applies to the body that is party to the agreement entered into by the municipality under the powers conferred by the first paragraph. The municipality may become surety for that body and, for that purpose, article 9 applies.

2002, c. 37, s. 93.

9. Every municipality may become surety for an institution, a partnership or a legal person devoted to the pursuit of purposes mentioned in article 8.

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.

1979, c. 36, s. 3; 1984, c. 38, s. 48; 1994, c. 33, s. 22; 1995, c. 34, s. 27; 1999, c. 43, s. 13.

9.1. Any local municipality may, by by-law, establish a program under which the municipality grants, in accordance with this article, 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 itself of the fourth paragraph in a different way according to sector, class, group or combination.

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

1995, c. 7, s. 8.

10. 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.

The council of the regional county municipality shall, if it wishes to accept such a delegation, adopt a resolution by which it expresses its intention to do so. Copy of the resolution must be sent by registered mail to each local municipality whose territory forms part of that of the regional county municipality.

The council of the regional county municipality may, not less than 90 days after service of the resolution referred to in the second paragraph, accept the delegation.

1980, c. 34, s. 1; 1987, c. 102, s. 40; 1989, c. 46, s. 14; 1991, c. 32, s. 169; 1993, c. 65, s. 92; 1996, c. 2, s. 228; 1997, c. 93, s. 67.

10.1. A local municipality may adopt a resolution expressing its disagreement in relation to the exercise of the delegated power by the regional county municipality. From the sending of the resolution by registered mail to the regional county municipality, the municipality ceases to be subject to the jurisdiction of the regional county municipality with respect to that power and is not required to contribute to the payment of expenses, and its representatives on the council of the regional county municipality are not entitled to participate in subsequent deliberations and voting with respect to that power.

For the purposes of the first paragraph and of articles 10.2 and 10.3, where a local municipality is subject to the jurisdiction of a regional county municipality, its territory is also subject thereto.

1987, c. 102, s. 40; 1996, c. 2, s. 229.

10.2. A local municipality which has availed itself of article 10.1 may, by resolution, become subject to the jurisdiction of the regional county municipality with respect to the delegated power. From the sending, by registered mail, of the resolution to the regional county municipality, the local municipality shall contribute to the payment of expenses and its representatives shall participate in subsequent deliberations and voting with respect to the exercise of such power.

1987, c. 102, s. 40; 1996, c. 2, s. 230.

10.3. The council of the regional county municipality shall prescribe, by by-law, the administrative and financial terms and conditions governing the application of articles 10.1 and 10.2, in particular the amounts to be paid where a local municipality becomes or ceases to be subject to the regional county municipality.

On the adoption of the by-law, the secretary-treasurer shall send a copy of it to the clerk or to the secretary-treasurer of each local municipality that has not exercised its right of withdrawal.

1987, c. 102, s. 40; 1996, c. 2, s. 231.

10.4. Article 10.1 does not apply where, under a legislative provision, the delegated power may be exercised only by a regional county municipality.

1987, c. 102, s. 40.

10.5. A municipality may enter into an agreement with the Government under which certain responsibilities, specified 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. 44.

10.6. 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. 44.

10.7. A municipality may join with any municipality or metropolitan community for the purposes of an agreement with the Government under article 10.5.

1996, c. 27, s. 44; 2000, c. 56, s. 218.

10.8. An agreement entered into under article 10.5 shall prevail over any inconsistent provision of any general law or special Act or of any regulation thereunder.

1996, c. 27, s. 44.

10.9. 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.

Where a regional county municipality is a party to such an agreement, its territory is deemed, for the purposes of this article, article 10.10, and any similar provision of another Act, to have subtracted from it the territory of any local municipality that is a party to the same agreement or to another agreement that is in force and that pertains to the administration of one, several or all of the same provisions. In such a case,

(1)  only the representatives of the other local municipalities on the council of the regional county municipality may take part in the discussions and vote relating to the agreement to which the regional county municipality is a party; for such purpose, the majority of those representatives constitutes the quorum and each representative has one vote;

(2)  only the other local municipalities shall contribute towards the payment of the expenses of the regional county municipality arising from the agreement to which the regional county municipality is a party.

If one of the municipalities that is a party to the agreement is charged with the administration of 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.

1996, c. 77, s. 22; 1998, c. 31, s. 27; 2000, c. 56, s. 126.

10.10. A municipality that is a party to an agreement under article 10.9 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. 22.

11. Where a special planning program in respect of that part of the territory of a local municipality designated as the “central sector” and planning by-laws consistent with that program are in force in a local municipality, the local 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 local municipality may also acquire any immovable situated in that part of its territory designated as the “central sector” 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 required for the carrying out of the project.

1983, c. 57, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

12. For the purposes of article 11, the local 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. 1; 1996, c. 2, s. 455.

13. (Repealed).

1983, c. 57, s. 1; 1984, c. 38, s. 49; 1985, c. 27, s. 39; 1995, c. 34, s. 28.

14. (Repealed).

1983, c. 57, s. 1; 1995, c. 34, s. 28.

14.1. 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. 50; 1994, c. 33, s. 23; 1995, c. 34, s. 29; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

14.2. A local 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 building 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 article gratuitously in favour of the Government, any of its ministers or bodies, a regional county municipality, a school board, the housing bureau or any other non-profit agency, in addition to the persons mentioned in article 7.

1985, c. 27, s. 40; 1995, c. 34, s. 30; 1996, c. 2, s. 455; 1998, c. 31, s. 28; 2002, c. 37, s. 94.

14.3. Every municipality may, for the purposes within its competence, enter into an agreement with another municipality, a public institution referred to in section 7, 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. 40; 1992, c. 21, s. 134, s. 375; 1996, c. 2, s. 455; 1996, c. 27, s. 45.

14.4. Every municipality that is a party to an agreement contemplated in article 14.3, 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. 40; 1996, c. 2, s. 455.

14.5. 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 7, a school board or an educational institution, from the application of all or some of the rules.

1985, c. 27, s. 40; 1992, c. 21, s. 135, s. 375; 1994, c. 33, s. 24; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2001, c. 25, s. 40.

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

1985, c. 27, s. 40.

14.7. 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 purposes of the application of the rules governing the awarding of contracts.

1985, c. 27, s. 40; 1994, c. 33, s. 25; 1996, c. 2, s. 455; 1996, c. 27, s. 46; 2001, c. 25, s. 41.

14.7.1. 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 article.

1992, c. 27, s. 32; 1995, c. 34, s. 31; 1996, c. 27, s. 47; 1999, c. 90, s. 6; 2001, c. 25, s. 42.

14.7.2. The party responsible for carrying out an agreement entered into under article 14.3 or 14.7.1 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. 26; 1995, c. 34, s. 32; 1996, c. 27, s. 48; 1999, c. 43, s. 13; 2000, c. 8, s. 240.

14.8. 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 Quebec) Act (Statutes of Canada, 1984, chapter 18), provided it is an agreement which, by law, may be entered into between two municipalities.

1986, c. 32, s. 1; 1996, c. 2, s. 455.

14.8.1. 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 it 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. 62; 1999, c. 43, s. 13.

14.9. A local municipality may operate a tourist information office.

1987, c. 12, s. 47; 1996, c. 2, s. 455; 2000, c. 10, s. 24.

14.10. 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 meet the obligations arising from the agreement, even outside its territory.

1994, c. 33, s. 27; 1994, c. 15, s. 35; 1996, c. 27, s. 49; 1996, c. 21, s. 70.

14.11. 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. 37.

14.12. Every municipality that participates in a program or enters into an agreement pursuant to article 14.11 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 and 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. 37; 1997, c. 93, s. 68; 1999, c. 40, s. 60; 2001, c. 6, s. 136.

14.12.1. Every municipality that participates in a program or enters into an agreement under article 14.11 may, to the extent provided for by the program or agreement, institute penal proceedings for an offence committed in its territory against 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 article 627.1.1 or 688.7 or into a fund established under article 688.7 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. 69; 1998, c. 31, s. 29.

14.12.2. 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. 69; 2001, c. 6, s. 137.

14.13. For the purposes of articles 14.11 to 14.16, land in the domain of the State includes the buildings, improvements and movables situated thereon that form part of the domain of the State.

1995, c. 20, s. 37; 1999, c. 40, s. 60.

14.14. 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 movables 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. 37; 1999, c. 40, s. 60.

14.15. Subject to the program referred to in article 14.11, 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. 37; 1999, c. 40, s. 60.

14.16. 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 article 627.1.1 or 688.7 or into a fund established under article 688.7 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. 37; 1998, c. 31, s. 30; 1999, c. 40, s. 60; 2001, c. 6, s. 138.

14.17. 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. 50.

14.18. 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 articles 6.1 to 14.17 or to the General Purchasing Director.

1998, c. 31, s. 31.

15. Any oath required by this Code, may be taken before any judge, clerk of the Superior Court, clerk of the Court of Québec, member of the council, secretary-treasurer, justice of the peace, commissioner for oaths, or notary, within their respective territorial jurisdictions.

When the oath is received by a member of the council or by the secretary-treasurer, it may be received outside the territory of the municipality, provided it be in a locality in which the council hall or the office of the municipality is situated.

M.C. 1916, a. 7; 1949, c. 71, s. 1; 1952-53, c. 29, s. 17; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 232.

16. Any person before whom any oath may be taken, is empowered and bound, whenever he is called upon to do so, to administer the oath and deliver a certificate thereof, without charge, to the party taking the same.

M.C. 1916, a. 8.

17. 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 of the council or officer of the municipality authorized by a resolution of the council.

M.C. 1916, a. 9; 1996, c. 2, s. 455.

18. Every person who refuses or neglects, without reasonable cause, to perform any act imposed upon or required of him by this Code, incurs, over and above any damages, a fine of not less than $20 nor more than $50, except in cases otherwise provided for.

M.C. 1916, a. 10; 1979, c. 36, s. 4; 1999, c. 40, s. 60.

19. The Attorney General may:

(1)  exercise, against a member of the council or an officer or employee of a local 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);

(2)  take the proceedings provided for in article 690.

For the purposes of this article, 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. 36; 1982, c. 63, s. 2; 1988, c. 85, s. 85; 1996, c. 2, s. 455.

20. The Lieutenant-Governor, by an order in council, may revoke any order in council or proclamation made by him in municipal matters, either before or after 1 November 1916, and may make any other order or proclamation in lieu thereof.

M.C. 1916, a. 11.

21. (Repealed).

M.C. 1916, a. 12; 1996, c. 27, s. 51.

22. In municipal affairs, no act performed by a municipality, its officers or any other person, is null and void solely on account of error or insufficiency in the designation of the municipality, or of such act, or on account of insufficiency in or the omission of the declaration of the quality of such officer or person, provided that no surprise or injustice results therefrom.

M.C. 1916, a. 13; 1996, c. 2, s. 233.

23. No objection founded upon form, or upon the omission of any formality, even imperative, in any act or proceeding relating to municipal matters, can be allowed to prevail in any civil action, suit or proceeding respecting such matters, unless substantial injustice would be done by rejecting such objection, or unless the formality omitted be such that its omission, according to this Code, would render null the proceedings or other municipal acts requiring such formality.

M.C. 1916, a. 14; 1990, c. 4, s. 238.

24. If, in any article of this Code founded on the laws existing on 1 November 1916, there is a difference between the French and English texts, that version shall prevail which is most consistent with the provisions of the existing laws.

If there be any such difference in an article amending the existing laws, that version shall prevail which, according to the ordinary rules of legal interpretation, is most consistent with the intention of the article.

M.C. 1916, a. 15; 1937, c. 13, s. 5; 1938, c. 22, s. 1, s. 2.

25. The following expressions, terms and words, whenever they occur in this Code or in any municipal by-law or other municipal order, have the meaning, signification and application respectively assigned to them in this article, unless the context of the provision declares or indicates the contrary:

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  the word “council” means a municipal council, but does not include a board of delegates;

(4)  the term “local council” means the council of a local municipality;

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  the word “district” used alone means a judicial district established by law, and refers to the district in which the territory of the municipality is situated;

(8)  the term “chef-lieu” (“chief-place”) means the locality where the council of the regional county municipality holds its sittings;

(9)  the term “head of the council” or “head of a municipality” means the warden of a regional county municipality or the mayor of a local municipality, as the case may be;

(10)  the term “member of the council” means the head of the council or any councillor of the municipality;

(11)  the word “elector” means a person having the right to vote at a municipal election;

(12)  the word “treasurer” means the secretary-treasurer;

(13)  (paragraph repealed);

(14)  the word “sitting”, employed alone, refers indifferently to an ordinary or general sitting, or to a special sitting;

(15)  the term “municipal office” includes all the offices held or duties discharged either by the members of a council or the officers of a municipality;

(16)  the word “appointment” means and includes every election by the electors or by the council, and every appointment by the Minister of Municipal Affairs and Greater Montréal or by the municipal council, whenever, by the terms of the context it does not refer specially to one of such cases. This provision applies to the word “appoint” and its derivatives;

(17)  the term “taxable property” means the immovables taxable under the Act respecting municipal taxation (chapter F-2.1);

(18)  the word “owner” or “proprietor” means every one having the ownership or usufruct of taxable property, or possessing or occupying the same as owner or usufructuary, or occupying lands in the domain of the State under an occupation license or a location ticket; it applies to all co-proprietors, and to every partnership, association, railway company or legal person whatsoever;

(19)  the word “tenant” includes the person who is obliged to give to the proprietor any portion whatever of the fruits and revenues of the immovable occupied by him;

(20)  the word “absent” applies to every person whose domicile is outside the territory of the municipality; nevertheless any person or company, which has any business establishment whatever in the territory of the municipality, is deemed present or domiciled in such municipality;

(21)  the word “ratepayer” means any owner, tenant, occupant or other individual, who, by reason of the immovable property which he owns or occupies in the territory of a municipality, is liable for the payment of municipal taxes or for the construction and maintenance of municipal works, by contribution in materials, labour or money; it means also any person who, by reason of his movable property, or by reason of his occupation, profession, business, art or trade, may be liable for the payment of municipal taxes;

(22)  the term “municipal tax” means and includes:

(a)  all taxes and contributions in money imposed by local councils, under by-law, procès-verbal or act of apportionment;

(b)  all taxes and contributions in materials or labour imposed by local councils upon ratepayers for municipal works, under by-law, procès-verbal or other municipal act, and converted into money by a resolution after special notice given to the ratepayers interested, or by the judgment of any court;

(23)  the word “range” refers to a succession of neighboring lots usually abutting on the same line; it means also a “concession” or a “row” (“côte”) taken in the same sense;

(24)  the words “land” or “immovable” or “immovable property” mean all lands or parcels of land in the territory of a municipality, owned or occupied by one person or by several persons jointly, and include the buildings and improvements thereon. The said words also include the pipes used for the conveying of water from a waterworks, as well as those used for the distribution of gas, electricity, the telephone or the telegraph, wheresoever such pipes are found in the territory of the municipality. The right to cut timber, granted or alienated by the proprietor of the lot, other than the State, is also an immovable within the meaning of this paragraph.

If a building or an improvement is a unit of assessment entered on the assessment roll separately from the land on which it is situated, it, also, is an immovable property or an immovable within the meaning of this paragraph; any provision of this Code concerning a tax based on the surface area, frontage or any other dimension of an immovable or an immovable property does not apply to such a building or improvement;

(25)  the word “lot” means any land situated in any range as conceded or sold by the original title or by the oldest title that is to be found; it includes any subdivisions of such land made since the said concession or sale, with the buildings and improvements thereon;

(26)  the word “bridge” means any bridge under the management of a municipality and forming part of a municipal road, whether it is constructed for the use of said road or for the passage of a watercourse;

(27)  the word “road” includes high-roads, streets, lanes, front roads, by-roads, and roads which lead solely to railway stations, to ferries or to toll-bridges;

(28)  the term “boundary fence” means the fence dividing two properties adjacent to one another, whether public or private;

(29)  the word “month” means a calendar month;

(30)  the expression “following day” does not mean nor include holidays, except when an act may be done upon a holiday;

(31)  the words “alcoholic beverages” mean all liquors defined as such by the Act respecting offences relating to alcoholic beverages (chapter I-8.1);

(32)  the word “bond” means and includes bonds or other debt securities issued by municipalities, for the purpose of raising money;

(33)  the term “Municipal Code” used in any Act, statute, by-law, writing, procedure or document whatever, is a sufficient citation and designation of the Municipal Code of Québec;

(34)  (paragraph repealed);

(35)  the term “Lieutenant-Governor” means the Government;

(36)  the term “municipal inspector” means the municipal inspector appointed under article 221 or 223; it means also every divisional road inspector within the boundaries of his division, when the local municipality, in compliance with article 219, has appointed an inspector for each road division, subject, however, to the control and supervision of the municipal inspector who may be appointed under article 221 or 223;

(37)  the words “standardized assessment” mean the product obtained by multiplying the values 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);

(38)  the word “charter”, except in article 737, means any Act, any letters patent or any order constituting a municipality;

(39)  the word “officer” means a public servant or an employee.

M.C. 1916, a. 16; 1922 (1st sess.), c. 99, s. 1; 1924, c. 83, s. 1; 1938, c. 103, s. 1; 1942, c. 69, s. 1; 1949, c. 59, s. 58; 1965 (1st sess.), c. 17, s. 2; 1977, c. 53, s. 2; 1979, c. 72, s. 268; 1982, c. 2, s. 4; 1986, c. 95, s. 81; 1987, c. 23, s. 76; 1988, c. 19, s. 244; 1992, c. 61, s. 182; 1996, c. 2, s. 234; 1996, c. 27, s. 52; 1999, c. 40, s. 60; 1999, c. 43, s. 13.

26. (Repealed).

1968, c. 86, s. 2; 1969, c. 82, s. 2; 1988, c. 19, s. 245; 1999, c. 40, s. 60.

27. If the time fixed by this Code for the accomplishment of any proceeding, act, or formality prescribed by the provisions thereof, expires or falls upon a Sunday or legal holiday, the time so fixed shall be continued to the first day following, not a Sunday or holiday.

M.C. 1916, a. 18; 1999, c. 40, s. 60.

28. Every lot or piece of land is described by its number and by the name of the range or street, or by the boundaries and abuttals thereof. Nevertheless, in the case of a municipality whose territory is included in a registration division, in which the provisions of the Civil Code respecting the plan and book of reference are in force, the description of every lot or part of lot of land is given by the cadastral number, in accordance with the said provisions of the Civil Code.

M.C. 1916, a. 19; 1996, c. 2, s. 235; 1999, c. 40, s. 60.

29. Every railway company is obliged to construct and maintain fences, roads, bridges, ditches and watercourses on the properties possessed or occupied by it in the territory of a municipality, and is subject like any other ratepayer to the provisions of the by-laws, procès-verbaux or other municipal enactments passed to that effect, even if such work upon fences, roads, bridges, ditches and watercourses should not be of advantage to the company.

M.C. 1916, a. 20; 1996, c. 2, s. 456.

30. Should such company neglect or refuse to perform the work for which it is liable under article 29, within the prescribed time, it shall be liable for the damages occasioned by its neglect or refusal, and to a fine of $20 for each day during which such neglect or refusal continues.

M.C. 1916, a. 21; 1999, c. 40, s. 60.

31. Articles 29 and 30 apply also to Federal and Provincial Government railways, whether such railways are operated by the Government or by private parties.

M.C. 1916, a. 22.

TITLE I

Repealed, 1993, c. 65, s. 93.

1993, c. 65, s. 93.

CHAPTER I

Repealed, 1993, c. 65, s. 93.

1993, c. 65, s. 93.

32. (Repealed).

M.C. 1916, a. 23; 1982, c. 2, s. 5; 1993, c. 65, s. 93.

33. (Repealed).

M.C. 1916, a. 24; 1985, c. 27, s. 41.

CHAPTER II

Repealed, 1988, c. 19, s. 246.

1988, c. 19, s. 246.

34. (Repealed).

M.C. 1916, a. 25; 1982, c. 2, s. 6; 1987, c. 57, s. 731; 1988, c. 19, s. 246.

35. (Repealed).

M.C. 1916, a. 26; 1988, c. 19, s. 246.

36. (Repealed).

M.C. 1916, a. 27; 1988, c. 19, s. 246.

37. (Repealed).

M.C. 1916, a. 28; 1921, c. 48, s. 20; 1930, c. 103, s. 1; 1971, c. 87, s. 1; 1977, c. 53, s. 3; 1988, c. 19, s. 246.

38. (Repealed).

M.C. 1916, a. 35; 1917-18, c. 81, s. 1; 1926, c. 34, s. 2; 1930, c. 103, s. 2; 1971, c. 87, s. 2; 1977, c. 53, s. 4; 1985, c. 27, s. 42; 1988, c. 19, s. 246.

38.1. (Repealed).

1985, c. 27, s. 43; 1988, c. 19, s. 246.

39. (Repealed).

M.C. 1916, a. 36; 1928, c. 95, s. 1; 1929, c. 88, s. 1; 1988, c. 19, s. 246.

40. (Repealed).

M.C. 1916, a. 37; 1922 (1st sess.), c. 80, s. 5; 1984, c. 47, s. 213; 1988, c. 19, s. 246.

41. (Repealed).

M.C. 1916, a. 38; 1917-18, c. 20, s. 15; 1977, c. 53, s. 5; 1979, c. 81, s. 20; 1988, c. 19, s. 246.

42. (Repealed).

M.C. 1916, a. 39; 1979, c. 81, s. 20; 1988, c. 19, s. 246.

43. (Repealed).

M.C. 1916, a. 40; 1988, c. 19, s. 246.

44. (Repealed).

M.C. 1916, a. 41; 1917-18, c. 20, s. 16; 1950, c. 74, s. 1; 1977, c. 53, s. 6; 1988, c. 19, s. 246.

45. (Repealed).

M.C. 1916, a. 42; 1941, c. 69, s. 3; 1977, c. 53, s. 7; 1982, c. 63, s. 3; 1988, c. 19, s. 246.

46. (Repealed).

M.C. 1916, a. 43; 1917-18, c. 20, s. 17; 1929, c. 88, s. 2; 1955-56, c. 42, s. 1; 1988, c. 19, s. 246.

47. (Repealed).

M.C. 1916, a. 44; 1975, c. 82, s. 1; 1982, c. 63, s. 4; 1987, c. 57, s. 732; 1988, c. 19, s. 246.

48. (Repealed).

M.C. 1916, a. 45; 1950, c. 74, s. 2; 1982, c. 63, s. 5; 1988, c. 19, s. 246.

49. (Repealed).

M.C. 1916, a. 46; 1988, c. 19, s. 246.

50. (Repealed).

M.C. 1916, a. 47; 1921, c. 48, s. 21; 1945, c. 70, s. 1; 1988, c. 19, s. 246.

51. (Repealed).

1921, c. 48, s. 22; 1988, c. 19, s. 246.

52. (Repealed).

M.C. 1916, a. 48; 1930, c. 103, s. 3; 1974, c. 81, s. 1; 1977, c. 5, s. 228; 1988, c. 19, s. 246.

53. (Repealed).

M.C. 1916, a. 49; 1988, c. 19, s. 246.

CHAPTER III

Repealed, 1988, c. 19, s. 246.

1988, c. 19, s. 246.

54. (Repealed).

1975, c. 82, s. 2; 1977, c. 53, s. 8; 1979, c. 36, s. 5; 1988, c. 19, s. 246.

55. (Repealed).

1979, c. 36, s. 5; 1988, c. 19, s. 246.

56. (Repealed).

1979, c. 36, s. 5; 1987, c. 57, s. 733; 1988, c. 19, s. 246.

57. (Replaced).

1979, c. 36, s. 5; 1987, c. 57, s. 733.

58. (Repealed).

1979, c. 36, s. 5; 1987, c. 57, s. 734; 1988, c. 19, s. 246.

59. (Repealed).

1979, c. 36, s. 5; 1982, c. 63, s. 6; 1987, c. 57, s. 735.

60. (Repealed).

1979, c. 36, s. 5; 1987, c. 57, s. 736; 1988, c. 19, s. 246.

60.1. (Repealed).

1987, c. 57, s. 737; 1988, c. 19, s. 246.

61. (Repealed).

1979, c. 36, s. 5; 1987, c. 57, s. 738; 1988, c. 19, s. 246.

62. (Repealed).

1979, c. 36, s. 5; 1988, c. 19, s. 246.

63. (Repealed).

1979, c. 36, s. 5; 1988, c. 19, s. 246.

CHAPTER IV

Repealed, 1988, c. 19, s. 246.

1988, c. 19, s. 246.

64. (Repealed).

M.C. 1916, a. 50; 1941, c. 69, s. 4; 1988, c. 19, s. 246.

65. (Repealed).

M.C. 1916, a. 51; 1988, c. 19, s. 246.

66. (Repealed).

M.C. 1916, a. 52; 1988, c. 19, s. 246.

67. (Repealed).

1929, c. 88, s. 3; 1949, c. 59, s. 59; 1973, c. 38, s. 89; 1979, c. 72, s. 269, s. 490, s. 513; 1988, c. 19, s. 246.

68. (Repealed).

M.C. 1916, a. 53; 1922 (1st sess.), c. 80, s. 6; 1988, c. 19, s. 246.

69. (Repealed).

M.C. 1916, a. 54; 1988, c. 19, s. 246.

70. (Repealed).

M.C. 1916, a. 55; 1971, c. 87, s. 3; 1988, c. 19, s. 246.

71. (Repealed).

M.C. 1916, a. 56; 1988, c. 19, s. 246.

72. (Repealed).

M.C. 1916, a. 57; 1988, c. 19, s. 246.

73. (Repealed).

M.C. 1916, a. 58; 1988, c. 19, s. 246.

74. (Repealed).

M.C. 1916, a. 59; 1988, c. 19, s. 246.

75. (Repealed).

M.C. 1916, a. 60; 1988, c. 19, s. 246.

76. (Repealed).

M.C. 1916, a. 61 (part); 1988, c. 19, s. 246.

77. (Repealed).

1982, c. 63, s. 7; 1988, c. 19, s. 246.

78. (Repealed).

1982, c. 63, s. 7; 1988, c. 19, s. 246.

TITLE II MUNICIPAL COUNCILS

CHAPTER I GENERAL PROVISIONS

79. Every municipality governed by this Code is represented by its council; its powers are exercised and its duties discharged by such council and its officers.

M.C. 1916, a. 62; 1996, c. 2, s. 455.

80. (Repealed).

M.C. 1916, a. 63; 1996, c. 2, s. 236.

81. (Repealed).

M.C. 1916, a. 64; 1996, c. 2, s. 236.

82. The council must directly exercise the powers conferred upon it by this Code; it cannot delegate them.

Nevertheless, it may appoint committees composed of as many of its members at it deems advisable, with power to examine and study any question whatever. In such case the committees must render account of their labours by reports signed by their chairman or by a majority of their members; and no report of a committee has any effect whatever until it has been adopted by the council at a regular sitting.

M.C. 1916, a. 65.

83. By-laws, resolutions and other municipal enactments must be passed by the council in session.

M.C. 1916, a. 66.

84. Any council which, under this Code, no longer possesses the powers which were conferred upon it under the authority of Acts antecedent to 1 November 1916, may repeal any enactment which it may have passed under such powers.

M.C. 1916, a. 67.

85. Every one who is entitled to be heard before the council or any of its committees, may be heard in person or by any other person acting of his behalf, whether authorized by power of attorney or not. He may also call and examine witnesses.

M.C. 1916, a. 68.

86. The council or any committee, on every question or matter pending before them, may:

(1)  take communication of all documents or writings produced in evidence;

(2)  summon any person residing in the territory of the municipality;

(3)  examine under oath the parties and their witnesses, and cause an oath to be administered to each one either by one of their members or by the secretary-treasurer.

The council may declare who shall bear and pay the costs incurred for the appearance of the witnesses heard or present, or for the summoning of witnesses who have made default, and may tax such costs, including reasonable travelling expenses, and $1 a day for the time of each witness. The amount thus taxed may be recovered by ordinary action, either by the municipality or by the person who had advanced and paid the same, as the case may be.

M.C. 1916, a. 69; 1996, c. 2, s. 237.

87. If any one so summoned before the council or any committee fails, without just cause, to appear at the time and place mentioned in the summons, when compensation has been paid or offered to him for his reasonable travelling expenses for going and returning, and $1 a day for his time, he incurs a fine of not less than $4 nor more than $10.

M.C. 1916, a. 70; 1990, c. 4, s. 239.

88. Any document, order or proceeding of a council, the publication of which is required by this Code, or by the council itself, must be published in the same manner as public notices.

M.C. 1916, a. 71.

89. Any person depositing or filing any document relating to municipal matters in the office of the municipality or before the council in session, is entitled to a receipt or acknowledgment certifying to the deposit or filing of such document. Such receipt is given by the secretary-treasurer, if the deposit is made at his office, or by the person presiding at the council, if filed before the council in session.

Any secretary-treasurer or person presiding, who neglects or refuses to receive any such document, or to deposit the same in the archives of the municipality, or to give the required receipt, incurs a fine of not more than $100 in each case, in addition to the damages occasioned by such refusal or neglect.

M.C. 1916, a. 72; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

90. Every document produced as an exhibit, and filed in the office of the municipality or with its officers, must be returned, on being tendered a receipt therefor, to the person who produced the same, whenever he requires it, after it has served the purpose for which it was filed.

M.C. 1916, a. 73; 1996, c. 2, s. 455.

91. The office of the municipality is that which is occupied by the secretary-treasurer in his official capacity, in accordance with article 183, and must be in the territory of the municipality, except in the case mentioned in article 92.

M.C. 1916, a. 74; 1996, c. 2, s. 238.

92. The office of a municipality or of any officer or employee of such municipality may be established in a local municipal territory situated in proximity to that of the municipality.

M.C. 1916, a. 75; 1930, c. 104, s. 1; 1974, c. 81, s. 2; 1996, c. 2, s. 239.

93. Every service, filing or deposit, to be made at the office of the municipality, may be made with equal validity upon or with the secretary-treasurer personally or at his domicile, speaking to a reasonable person belonging to his family.

In such case, however, the receipt cannot be demanded unless the filing or deposit has been made with the secretary-treasurer personally.

M.C. 1916, a. 76; 1996, c. 2, s. 455.

94. (Repealed).

M.C. 1916, a. 77; 1963 (1st sess.), c. 65, s. 1; 1968, c. 86, s. 3; 1974, c. 81, s. 3; 1975, c. 82, s. 3; 1977, c. 53, s. 9; 1979, c. 36, s. 6; 1980, c. 16, s. 37; 1988, c. 30, s. 34.

95. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

96. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

97. (Repealed).

1980, c. 16, s. 37; 1983, c. 57, s. 2; 1988, c. 30, s. 34.

98. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

99. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

100. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

101. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

102. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

103. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

104. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

105. (Repealed).

1980, c. 16, s. 37; 1982, c. 62, s. 143; 1983, c. 57, s. 3; 1988, c. 30, s. 34.

106. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

107. No vote given by a person illegally holding office as member of a council, and no act in which, in such capacity, he has participated, can be set aside, with respect to persons who have acted in good faith, solely by reason of the illegal exercise of such office.

M.C. 1916, a. 78.

108. Any member of a council who, to his own knowledge, is not at the time duly qualified, votes at any sitting of the council, or of any committee thereof, is liable to a fine of not more than $100 for each such vote.

M.C. 1916, a. 79.

CHAPTER II ACTING MAYOR

1996, c. 2, s. 240.

109. (Repealed).

M.C. 1916, a. 80; 1922 (1st sess.), c. 100, s. 1; 1922 (2nd sess.), c. 84, s. 1; 1977, c. 53, s. 10; 1982, c. 63, s. 8; 1987, c. 57, s. 739.

110. (Repealed).

M.C. 1916, a. 81; 1954-55, c. 50, s. 1; 1975, c. 82, s. 4; 1980, c. 16, s. 38; 1987, c. 57, s. 739.

111. (Repealed).

M.C. 1916, a. 82; 1927, c. 74, s. 1; 1954-55, c. 50, s. 2; 1975, c. 82, s. 5; 1980, c. 16, s. 39; 1987, c. 57, s. 739.

112. (Repealed).

M.C. 1916, a. 83; 1987, c. 57, s. 739.

113. (Repealed).

M.C. 1916, a. 84; 1955-56, c. 42, s. 2; 1987, c. 57, s. 739.

114. (Repealed).

M.C. 1916, a. 85; 1927, c. 74, s. 2; 1954-55, c. 50, s. 3; 1977, c. 53, s. 11; 1980, c. 16, s. 40; 1982, c. 63, s. 9; 1987, c. 57, s. 739.

115. (Repealed).

M.C. 1916, a. 86; 1933, c. 41, s. 2; 1992, c. 61, s. 183.

116. The council may, at any time, appoint one of the councillors as acting-mayor who, in the absence of the mayor or when the office is vacant, discharges the duties of the mayoralty, with all the privileges and rights, and subject to all the obligations thereunto attached.

M.C. 1916, a. 87; 1935, c. 108, s. 1; 1968, c. 86, s. 2.

CHAPTER III EXECUTIVE COMMITTEE AND REGIONAL COUNTY MUNICIPALITY DELEGATES

1996, c. 2, s. 241.

DIVISION I

Repealed, 1993, c. 65, s. 94.

1993, c. 65, s. 94.

117. (Repealed).

M.C. 1916, a. 88; 1979, c. 51, s. 248; 1982, c. 2, s. 7; 1982, c. 63, s. 10; 1989, c. 46, s. 15; 1993, c. 65, s. 94.

118. (Repealed).

M.C. 1916, a. 89; 1975, c. 82, s. 6; 1993, c. 65, s. 94.

119. (Repealed).

M.C. 1916, a. 90; 1930-31, c. 114, s. 1; 1974, c. 81, s. 4; 1982, c. 63, s. 11; 1988, c. 19, s. 247.

120. (Repealed).

M.C. 1916, a. 91; 1993, c. 65, s. 94.

121. (Repealed).

M.C. 1916, a. 92; 1993, c. 65, s. 94.

122. (Repealed).

M.C. 1916, a. 93; 1917-18, c. 20, s. 18; 1975, c. 82, s. 7; 1993, c. 65, s. 94.

DIVISION II EXECUTIVE COMMITTEE OF THE REGIONAL COUNTY MUNICIPALITY

1996, c. 2, s. 242.

123. The council of the regional county municipality may, by by-law, constitute an executive committee composed of the warden, the deputy warden and not more than three other members of the council.

The council shall, by resolution, appoint the members of the executive committee in accordance with the number indicated in the by-law.

A majority of the members of the committee constitutes a quorum.

1975, c. 82, s. 8; 1996, c. 2, s. 243.

124. The council may, by by-law, delegate to the executive committee any of the powers it may exercise by resolution.

However, the council cannot delegate to the executive committee the appointment and fixing of the salary of an employee assigned to a post the holder of which is not an employee within the meaning of the Labour Code (chapter C-27), nor the awarding of a contract the amount of which exceeds $10 000.

The resolutions made by the executive committee have the same force and effect as if they were made by the council.

1975, c. 82, s. 8; 1979, c. 36, s. 7; 1996, c. 2, s. 244; 1997, c. 93, s. 70.

125. The council, when it considers it advisable, may replace any member of the executive committee it has itself designated.

It may also, by by-law, withdraw from the committee all or part of the powers it has delegated to it under article 124.

1975, c. 82, s. 8; 1997, c. 93, s. 71.

126. The warden or, when he is absent, the deputy warden is ex officio the chairman of the executive committee.

The secretary-treasurer of the regional county municipality is ex officio the secretary of the executive committee, except if he is unable to act or he refuses, in which case the council proceeds to the appointment of a competent person and fixes his salary.

1975, c. 82, s. 8; 1996, c. 2, s. 245; 1999, c. 40, s. 60.

127. In exercising any power devolved on it by delegation of the council, the executive committee is subject to the rules of this Code respecting the holding of its sittings and the general conduct of its affairs, inasmuch as such rules apply to such council and are consistent with the application of this Section.

1975, c. 82, s. 8; 1996, c. 2, s. 246.

DIVISION III REGIONAL COUNTY MUNICIPALITY DELEGATES

1996, c. 2, s. 247.

127.1. For the purposes of this section and Section IV, a local municipality whose territory is not included in that of a regional county municipality is considered to be a regional county municipality.

2002, c. 37, s. 95.

128. The delegates of every regional county municipality are three in number.

Such delegates exercise the powers and discharge the duties which devolve upon them under this Code, in conjunction with the delegates of the other regional county municipalities concerned.

M.C. 1916, a. 94; 1996, c. 2, s. 248.

129. The warden is, ex officio, one of the delegates.

The other two delegates are appointed by the council, from among its members, at the sitting held in the month of November. They remain in office until their successors are duly installed even if they have ceased to form part of the council, unless, in the latter case, they have been replaced under article 130.

M.C. 1916, a. 95; 1975, c. 82, s. 9; 1982, c. 63, s. 12; 1996, c. 2, s. 249.

130. Whenever any one of the delegates dies, or is unable to attend to his duties during two consecutive months, or refuses to discharge such duties during a like period, the council appoints another delegate in his stead, at the first sitting held after such death or the expiry of two months.

If one of the delegates ceases to form part of the council, his successor must be appointed by the council without delay.

M.C. 1916, a. 96; 1999, c. 40, s. 60.

131. The council may appoint, from its members, a substitute for each of the three delegates.

Such substitute shall act whenever his principal is unable to perform his duties.

1930, c. 103, s. 4.

DIVISION IV BOARD OF DELEGATES

132. The board of delegates is composed of the delegates from the regional county municipalities in which the inhabitants of the territory thereof, or some of them, are interested in any work or matter which comes under the jurisdiction of such municipalities.

M.C. 1916, a. 97; 1996, c. 2, s. 250.

133. The board of delegates sits for the purpose of taking into consideration and deciding matters within its jurisdiction, whenever required so to do, or whenever it deems necessary, by following the formalities prescribed for the summoning of the meeting.

M.C. 1916, a. 98.

134. The delegates meet at the time and place indicated in the notice of meeting given to them.

M.C. 1916, a. 99.

135. The meeting of the board of delegates is convened, upon a requisition in writing, by two members of the board, or by the secretary-treasurer of one of the regional county municipalities.

Such meeting is convened and held in the same manner as a special sitting of the council of a regional county municipality.

The place where such meeting is held is selected by those who convene the same.

M.C. 1916, a. 100; 1996, c. 2, s. 251.

136. Any person interested in a question submitted, or about to be submitted, to the board of delegates, may call upon the secretary-treasurer of one of such regional county municipalities to convene a meeting of the board of delegates, if a meeting of such board has not already been convened, to be held within the 15 days next following.

M.C. 1916, a. 101; 1996, c. 2, s. 252.

137. The secretary-treasurer of the regional county municipality who called the meeting is, ex officio, the secretary of the board of delegates.

If the meeting has been convened by two members of the board, the secretary-treasurer of the municipality whereof such two members are the delegates, is the secretary of the board. If the two members belong to different councils, the secretary of the board is appointed by the delegates, and must be the secretary-treasurer of one of the regional county municipalities.

The secretary keeps minutes of the proceedings of the delegates, and deposits the same with all other documents of the board, in the archives of the municipality whose officer he is; and he forwards a copy to the office of each of the other regional county municipalities interested.

The secretary-treasurer of each regional county municipality must forward to each local municipality interested, among the municipalities whose territory is included in that of the regional county municipality, a copy of every decision of the board of delegates.

M.C. 1916, a. 102; 1996, c. 2, s. 253.

138. Four of the delegates summoned to the meeting form a quorum of the board.

M.C. 1916, a. 103.

139. The meeting is presided over by any one of the delegates present, chosen from among themselves.

In the case of an equal division of votes in their choice of a chairman, the chairman is chosen by lot.

M.C. 1916, a. 104.

140. Every disputed question is decided by the vote of the majority of the delegates present, the chairman having the same right to vote as the other delegates; in the event of an equal division of votes, the motion shall be submitted to the Minister of Municipal Affairs and Greater Montréal and the latter shall appoint a person to act as an arbitrator whose decision shall have the same effect as a decision rendered by the board of delegates.

The costs of the arbitration shall be paid in equal shares by the municipalities concerned. The fees of the arbitrator shall, if they have not been determined by the Minister of Municipal Affairs and Greater Montréal when appointing him, be fixed by a judge of the Court of Québec, on petition, after notice to the parties interested. The costs on such petition shall form part of the costs of arbitration.

M.C. 1916, a. 105; 1928, c. 94, s. 4; 1929, c. 88, s. 4; 1949, c. 59, s. 60; 1952-53, c. 29, s. 17; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 254; 1999, c. 43, s. 13.

141. Articles 88 and 689 to 692 apply likewise to all documents, orders or proceedings of the board of delegates.

Articles 85, 89 and 90 apply likewise to the board of delegates.

M.C. 1916, a. 106.

TITLE III RULES GOVERNING BOTH MAYORS AND WARDENS

142. (1)  The head of the council exercises the rights of superintendence, of investigation and of control over all the affairs and officers of the municipality; sees specially that the revenues of the municipality are collected and expended according to law; sees to the faithful and impartial execution of by-laws and resolutions, and communicates to the council any information or recommendation which he considers conducive to the interests of the municipality and the inhabitants of its territory.

(2)  He signs, seals and executes, in the name of the municipality, all by-laws, resolutions, obligations, contracts, agreements or deeds made and passed or ordered by the municipality, which are presented to him by the secretary-treasurer for his signature, after their adoption by the council.

(3)  If the head of the council refuses to approve and sign the same, the secretary-treasurer submits them anew for the consideration of the council at its next general sitting, or, after notice, at a special sitting.

(4)  If the council again approves such by-laws, resolutions, obligations, contracts, agreements or deeds, they are legal and valid, as though they had been signed and approved by the head of the council, and notwithstanding his refusal. In the case of a local municipality, the decision must be made by a majority of the members of the council.

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

(6)  He is also bound to furnish to the Lieutenant-Governor, on demand from the Minister of Municipal Affairs and Greater Montréal, all information concerning the execution of the municipal laws, and all other information which it may be in his power to give with the concurrence of the council.

M.C. 1916, a. 107; 1917-18, c. 20, s. 19; 1996, c. 2, s. 255; 1996, c. 77, s. 23; 1998, c. 31, s. 32; 1999, c. 40, s. 60; 1999, c. 43, s. 13.

TITLE IV SITTINGS OF COUNCILS

143. (Repealed).

M.C. 1916, a. 108; 1917-18, c. 20, s. 20; 1977, c. 53, s. 12; 1982, c. 63, s. 13; 1987, c. 57, s. 740; 1988, c. 19, s. 248.

144. The council of the regional county municipality sits at the place established for its first sitting in accordance with the Act respecting municipal territorial organization (chapter O-9), until, by resolution, it has fixed upon some other place to hold its sittings.

M.C. 1916, a. 109; 1974, c. 81, s. 5; 1993, c. 65, s. 95; 1997, c. 93, s. 72.

145. The local council sits at the place selected for the first sitting in accordance with the Act respecting municipal territorial organization (chapter O-9) until, by resolution, it has fixed upon some other place, which, as nearly as may be, must be in the most public place in the territory of the municipality, but under no circumstances in an establishment where alcoholic beverages are sold.

The council may, by by-law, determine that the place at which it sits is in a local municipal territory situated in proximity to the territory of the municipality.

M.C. 1916, a. 110; 1925, c. 87, s. 1; 1974, c. 81, s. 6; 1988, c. 19, s. 249; 1996, c. 2, s. 256.

146. 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. 8.

147. The quorum of the council of a local municipality is a majority of its members.

M.C. 1916, a. 111; 1980, c. 16, s. 41; 1996, c. 2, s. 257.

148. The ordinary or general sittings of the council of a regional county municipality are held at least once every two months, on the days fixed by by-law of the council, one of such sittings being held on the fourth Wednesday in November. Those of a local council are held on the first Monday in each month, unless otherwise provided by the council.

At the sitting held in November, the council of the regional county municipality must, in particular, adopt the budget of the municipality for the next fiscal year.

The Minister of Municipal Affairs and Greater Montréal may, of his own initiative, permit the councils of the regional county municipalities or a category of them to adopt the budget at a sitting subsequent to the regular sitting of November, held not later than the date he fixes.

On sufficient proof that the council of the regional county municipality is unable to adopt the budget at the regular sitting of November or, where such is the case, within the time fixed by the Minister under the third paragraph, the Minister may grant therefor such additional time as he may fix.

M.C. 1916, a. 112; 1934, c. 81, s. 1; 1977, c. 53, s. 13; 1980, c. 16, s. 42; 1982, c. 2, s. 8; 1982, c. 63, s. 14; 1984, c. 38, s. 51; 1996, c. 2, s. 258; 1999, c. 43, s. 13.

148.1. At a regular sitting of the council of a regional county municipality, decisions may be made only in respect of subjects or matters mentioned on the agenda, except if all the members of the council entitled to vote on the subject or matter that is proposed to be added are present.

1998, c. 31, s. 33.

149. The sittings commence at 10 o’clock in the morning, if not otherwise determined by the notice of the meeting, by an adjournment, or by by-law or resolution.

They are public, and consist of one sitting, unless adjourned; the proceedings must be carried on in an audible and intelligible voice.

M.C. 1916, a. 113.

150. The sitting of the council includes a period during which the persons attending may put oral questions to the council members.

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.

1980, c. 16, s. 43; 1982, c. 18, s. 144.

151. If the day fixed for an ordinary sitting by this Code or by by-law, falls upon a holiday, such sitting is held on the next following juridical day.

M.C. 1916, a. 114.

152. A special sitting of any council may be convened at any time by the head, by the secretary-treasurer or by two members of such council, by giving special notice in writing of such sitting to all the members of the council, other than those convening the same.

M.C. 1916, a. 115.

153. At a special sitting, only the subjects or matters mentioned in the notice calling the council together, may be taken into consideration except with the unanimous consent of the members of the council if they all are present.

The council, before preceding to business at such sitting, must set forth and declare in the minutes of the sitting that notice of meeting has been given in conformity with this Code, to all the members of the council who are not present at the opening of the sitting.

If it appears that the notice of meeting has not been served on all the absent members, the sitting must be immediately closed, under penalty of the nullity of all its proceedings.

M.C. 1916, a. 116; 1951-52, c. 61, s. 1.

154. Any ordinary or special sitting can be adjourned by the council to any other hour of the same day or to a subsequent day, without its being necessary to give notice of such adjournment to the members who were not present, save in the case mentioned in article 155.

M.C. 1916, a. 117.

155. Two members of the council, when there is no quorum present, may adjourn the sitting at the expiration of one hour from the time it is established that there is no quorum. The hour of the adjournment and the names of the members present must be entered in the minutes of the sitting.

In such case a special notice in writing of the adjournment is given by the secretary-treasurer to the members of the council who were not present at the time of adjournment. The service of such notice must be established at the resumption of the adjourned sitting, in the same manner as that of the notice convening a special sitting, and the absence of service of such notice renders null every proceeding adopted at such part of the adjourned sitting.

M.C. 1916, a. 118.

156. The notice of convocation of a special sitting of the council, as well as the notice of adjournment in the case mentioned in article 155, must be given to each member of the council at least 10 days before the date fixed for the sitting, or the resumption of the adjourned sitting, if it relates to the council of the regional county municipality, and at least two days before the day fixed, if it relates to the local council.

That notice shall be served by the person who gives the notice, an officer or employee of the municipality, a peace officer, a bailiff or an employee of a public or private mail delivery or courier enterprise.

M.C. 1916, a. 119; 1945, c. 70, s. 2; 1975, c. 83, s. 84; 1979, c. 36, s. 9; 1996, c. 2, s. 259; 2002, c. 37, s. 96.

157. Notwithstanding the preceding articles, the failure to comply with the formalities prescribed for convening a sitting of the council cannot be invoked when all the members of the council present in the territory of the municipality have attended such sitting.

1954-55, c. 50, s. 4; 1996, c. 2, s. 456.

158. The sittings of the council are presided over by its head or by the acting mayor, or, in their absence, by one of its members chosen from among the councillors present.

M.C. 1916, a. 120; 1968, c. 86, s. 2.

159. The officer presiding over the sitting of the council maintains order and decorum and decides questions of order, saving appeal to the council.

He may order that any person disturbing a sitting of the council be removed from the place where the sitting is held.

M.C. 1916, a. 121; 1986, c. 95, s. 82; 1987, c. 57, s. 741.

160. Every disputed question is decided by a majority of the votes of the members present, excepting in cases where a provision of law requires a greater number of concordant votes.

However, a local municipality may, by by-law, specify the cases in which a disputed question must be decided by a majority greater than the majority required under the first paragraph.

M.C. 1916, a. 122; 1998, c. 31, s. 34.

161. The head of the council or any person presiding at a sitting of the council shall be entitled to vote but not obliged to do so; when a vote results in a tie, the decision shall be deemed to be in the negative.

However, the warden who has been replaced as representative of the municipality, in accordance with section 210.27 of the Act respecting municipal territorial organization (chapter O-9), only has the right to vote as provided for in the first paragraph of section 197 of the Act respecting land use planning and development (chapter A-19.1).

M.C. 1916, a. 123; 1938, c. 103, s. 3; 1968, c. 86, s. 4; 1993, c. 65, s. 96; 2001, c. 25, s. 43.

162. (Repealed).

M.C. 1916, a. 124; 1987, c. 57, s. 742.

163. If the majority of the members of a local council have a personal interest in any question submitted to their decision, such question must be referred to the council of the regional county municipality, which, in respect of the consideration and decision of such question, possesses all the rights and privileges, and is subject to all the obligations of the local council.

M.C. 1916, a. 125; 1996, c. 2, s. 260.

164. Every member present at a meeting of the council is bound to vote, under penalty of a fine of $10, unless he is exempted or debarred therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E-2.2).

Every vote must be given by word of mouth, and, upon demand, the votes are entered in the minute book of the council.

M.C. 1916, a. 126; 1987, c. 57, s. 743.

164.1. To the extent that all the members consent thereto, any member of the council of Municipalité régionale de comté de Caniapiscau may participate, deliberate and vote at a sitting of the council by telephone or other means of communication that permits all persons participating or present at the sitting to hear one another.

The members of the council may avail themselves of that right only if the secretary-treasurer of the municipality and the person presiding at the sitting are present at the place where the council is sitting.

The minutes of the sitting shall indicate the name of every member of the council who participated by telephone or other means of communication, and be ratified by the council at the next regular sitting.

The members of the council who avail themselves of the right provided for in this article are deemed to be present at the sitting.

1999, c. 59, s. 10.

TITLE V OFFICERS OF MUNICIPALITIES

1996, c. 2, s. 455.

CHAPTER I GENERAL PROVISIONS

165. In addition to the officers whom it is bound to appoint, the municipality may, to secure the execution of its ordinances and of the requirements of law, appoint all other officers, and dismiss and replace them.

The municipality may fix the salary of all its public servants and employees.

M.C. 1916, a. 132; 1996, c. 2, s. 455; 1996, c. 27, s. 53.

165.1. 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 secretary-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. 54; 1997, c. 93, s. 73.

166. If any municipal office becomes vacant, such vacancy must be filled by the council within the 30 days next following.

M.C. 1916, a. 134.

167. (Repealed).

M.C. 1916, a. 135; 1987, c. 57, s. 744; 1996, c. 2, s. 455; 1996, c. 27, s. 55.

168. No act, duty, writing or proceeding executed in his official capacity by a municipal officer who holds office illegally, can be set aside solely on the ground of his so holding such office illegally.

M.C. 1916, a. 136.

169. Any municipal officer appointed by the Minister of Municipal Affairs and Greater Montréal may be dismissed by the municipality whose officer he is, provided it be with the approval of the Minister of Municipal Affairs and Greater Montréal.

M.C. 1916, a. 137; 1977, c. 53, s. 14; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

170. Every officer appointed to replace another, holds office only for the remainder of the term for which his predecessor was appointed.

M.C. 1916, a. 138.

171. Every officer who has ceased to discharge the duties of his office, is bound to deliver at the office of the municipality, within eight days next following, all the moneys, keys, books, papers, articles, insignia, documents and archives belonging to such office.

In the event of the death or absence from Québec of such officer, his representatives must make such delivery, within one month from such death or such absence.

M.C. 1916, a. 139; 1996, c. 2, s. 455.

172. The municipality is entitled, in addition to any other legal recourse whatsoever, to recover by seizure before judgment, from such officer or his representatives, all such moneys, keys, books, papers, articles, insignia, documents or archives, with damages, interest and costs.

The municipality may exercise the same rights and recourse against every person detaining the said effects and refusing to deliver them up.

M.C. 1916, a. 140 (part); 1965 (1st sess.), c. 80, a. 1; 1996, c. 2, s. 455.

173. Every person who refuses or neglects to obey any lawful order of any municipal officer, given under this Code or any municipal by-law incurs, for each offence, a fine of not less than $1 nor more than $5, saving cases otherwise provided for.

Every person who hinders or prevents or attempts to hinder or prevent such officer in the execution of his duties, incurs for each offence a fine of not less than $2 nor more than $10, and is liable in damages towards those who have suffered damage.

M.C. 1916, a. 141; 1999, c. 40, s. 60.

174. Every municipal officer in whose hands any document whatsoever is deposited or filed, is bound, on demand, to give a receipt therefor, under penalty of the fine enacted by article 89.

Should the document deposited or filed form part of the archives of the municipality, it is the duty of the officer who received the same, to file it among the archives without delay, under the same penalty.

M.C. 1916, a. 142; 1996, c. 2, s. 455.

175. The municipality is responsible for the acts of its officers in the performance of the duties for which they are employed, as well as for the damages occasioned by their refusal to discharge or their negligence in discharging their duties, saving its recourse against such officers; the whole without prejudice to a recourse in damages against the officers by those who have suffered damage.

M.C. 1916, a. 143; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

176. At the end of the fiscal year, the secretary-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 includes 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.

M.C. 1916, a. 144; 1979, c. 67, s. 38; 1983, c. 57, s. 4; 1984, c. 38, s. 52; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

176.1. The secretary-treasurer shall, at a sitting of the council, file the financial report and the external auditor’s report transmitted under article 966.3.

At least five days before the sitting, the secretary-treasurer shall give public notice indicating that the reports are to be filed at that sitting.

1984, c. 38, s. 52; 2001, c. 25, s. 44.

176.2. After the filing contemplated in article 176.1 and not later than 15 April, the secretary-treasurer shall transmit the financial 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. 52; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2001, c. 25, s. 45.

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

1984, c. 38, s. 52; 1996, c. 2, s. 455.

176.4. Once every three months, including at the last regular sitting before the sitting at which the budget is adopted, the secretary-treasurer shall send 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. 52; 1996, c. 2, s. 455.

176.5. Every municipal officer must make a report in writing to the municipality or to any authorized person, in such manner as the council may determine, 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 municipality and under its control, indicating the objects for which such moneys were so collected, paid or disbursed.

However, the report concerning the police department may contain no information which, in the opinion of the police chief, might disclose the content of a record concerning a police inquiry.

Every request of the council and every report or account contemplated in this article must be forwarded through the agency of the secretary-treasurer.

1984, c. 38, s. 52; 1996, c. 2, s. 455.

177. The municipality may bring an action to account against any employee responsible for moneys belonging to it, and he may, if sufficient cause exists, be condemned to render an account thereof, and to pay the sum which he is declared to owe, with interest and costs of suit, and, in addition, to pay any damages, if any be due.

M.C. 1916, a. 145 (part); 1965 (1st sess.), c. 80, a. 1; 1996, c. 2, s. 455.

178. The municipality may by by-law establish a tariff of fees payable to municipal officers for their services, whether by the persons who have applied for them 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.

M.C. 1916, a. 146; 1996, c. 2, s. 455; 1996, c. 27, s. 56.

Not in force

178.1. Every local 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 Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent, Paroisse de Notre-Dame-des-Anges, Municipalité de Saint-Benoît-du-Lac or Paroisse de Saint-Louis-de-Gonzague-du-Cap-Tourmente.

2000, c. 54, s. 6.

CHAPTER II SECRETARY-TREASURERS

DIVISION I GENERAL PROVISIONS

179. Every municipality must have an officer entrusted with the care of its office and archives, and such officer is designated by the name of “secretary-treasurer”.

M.C. 1916, a. 147; 1988, c. 19, s. 250; 1996, c. 2, s. 455.

180. (Repealed).

M.C. 1916, a. 148; 1930, c. 103, s. 5; 1933, c. 118, s. 1; 1980, c. 16, s. 44; 1983, c. 57, s. 5; 1998, c. 31, s. 35; 2000, c. 54, s. 7.

181. (Repealed).

1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6; 1985, c. 27, s. 44; 1986, c. 32, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 455; 2000, c. 54, s. 7.

182. (Repealed).

1983, c. 57, s. 7; 2000, c. 54, s. 7.

183. The office of the secretary-treasurer is established in the place where the sittings of the council are held, or in any other place fixed, from time to time, by resolution of the council; provided the same be not in a hotel, inn, or place of public entertainment, in which alcoholic beverages are sold.

M.C. 1916, a. 149.

184. The assistant secretary-treasurer, if one is appointed by the council, may perform all the duties of the office of the secretary-treasurer, with the same rights, powers and privileges and subject to the same obligations and penalties.

In case of a vacancy in the office of secretary-treasurer, the assistant secretary-treasurer must perform the duties of the office until the vacancy is filled.

The assistant secretary-treasurer appointed before 15 December 1977 remains governed by the provisions applicable to him before that date until he is appointed by the council in accordance with the first paragraph.

M.C. 1916, a. 150; 1977, c. 53, s. 15; 2000, c. 54, s. 8.

DIVISION II

Repealed, 1995, c. 34, s. 33.

1995, c. 34, s. 33.

185. (Repealed).

M.C. 1916, a. 151; 1995, c. 34, s. 33.

186. (Repealed).

M.C. 1916, a. 152; 1928, c. 94, s. 5; 1929, c. 88, s. 5; 1953-54, c. 46, s. 1; 1992, c. 57, s. 482; 1995, c. 34, s. 33.

187. (Repealed).

M.C. 1916, a. 153; 1995, c. 34, s. 33.

188. (Repealed).

M.C. 1916, a. 154; 1992, c. 57, s. 483; 1995, c. 34, s. 33.

189. (Repealed).

M.C. 1916, a. 155; 1928, c. 94, s. 6; 1995, c. 34, s. 33.

190. (Repealed).

1928, c. 94, s. 7; 1953-54, c. 46, s. 1; 1995, c. 34, s. 33.

191. (Repealed).

1928, c. 94, s. 7; 1995, c. 34, s. 33.

192. (Repealed).

1928, c. 94, s. 7; 1929, c. 88, s. 6; 1990, c. 4, s. 241; 1995, c. 34, s. 33.

193. (Repealed).

1928, c. 94, s. 7; 1929, c. 88, s. 7; 1952-53, c. 29, s. 20; 1965 (1st sess), c. 17, s. 2; 1988, c. 21, s. 83; 1990, c. 4, s. 242; 1992, c. 61, s. 184.

194. (Repealed).

M.C. 1916, a. 156; 1928, c. 94, s. 8; 1995, c. 34, s. 33.

195. (Repealed).

M.C. 1916, a. 157; 1995, c. 34, s. 33.

196. (Repealed).

M.C. 1916, a. 158; 1995, c. 34, s. 33.

197. (Repealed).

M.C. 1916, a. 159; 1995, c. 34, s. 33.

198. (Repealed).

M.C. 1916, a. 160; 1995, c. 34, s. 33.

DIVISION III DUTIES COMMON TO ALL SECRETARY-TREASURERS

199. The secretary-treasurer is the custodian of all the books, registers, plans, maps, archives and other documents and papers, which are either the property of the municipality or are deposited, filed and preserved in the office of the municipality. He cannot divest himself of the custody of such archives, except with the permission of the council, or under the authority of a court.

M.C. 1916, a. 161; 1996, c. 2, s. 455.

200. (Repealed).

M.C. 1916, a. 162; 1996, c. 2, s. 261; 1999, c. 40, s. 60; 2000, c. 42, s. 135.

201. The secretary-treasurer must attend every sitting of the council and draw up minutes of all the acts and proceedings thereof, in a register kept for that purpose, called: “The minute book of the council”.

All minutes of a sitting of the council must be signed by the person presiding over the council and countersigned by the secretary-treasurer, and be approved by the council at the same or at the following meeting, but the lack of such approval does not prevent the minute from making proof.

Whenever a by-law or a resolution is amended or repealed, mention must be made thereof in the margin of the minute book, opposite such by-law or resolution, together with the date of its amendment or repeal.

M.C. 1916, a. 163.

202. Copies and extracts, certified by the secretary-treasurer, from all books, registers, archives, documents and papers preserved in the office of the municipality, are evidence of their contents.

M.C. 1916, a. 164; 1996, c. 2, s. 455.

203. The secretary-treasurer shall collect all moneys payable to the municipality and, subject to all other legal provisions shall deposit the same in any legally constituted bank, financial services cooperative or trust company which may be designated by the council, and 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 such legally constituted bank, financial services cooperative or trust company as 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 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 such entities. The investments made by such a fund must be limited to those set out in the first 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 second 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.

He also collects the school taxes under article 986.

All cheques issued and promissory notes or other securities executed by the municipality must be signed jointly by the mayor and the secretary-treasurer or, in case of the absence or inability to act of the mayor or of a vacancy in the office of mayor, by any member of the council previously authorized and by the secretary-treasurer.

M.C. 1916, a. 165; 1939, c. 98, s. 1; 1968, c. 86, s. 5; 1979, c. 36, s. 10; 1992, c. 27, s. 33; 1994, c. 33, s. 28; 1996, c. 2, s. 455; 1996, c. 77, s. 24; 1997, c. 41, s. 66; 1997, c. 93, s. 74; 2000, c. 29, s. 627.

204. Unless otherwise provided for in a by-law under article 960.1, the secretary-treasurer pays out of the funds of the municipality all sums of money due by it whenever, by resolution, he is authorized to do so by the council or, where such is the case, by a decision of the executive committee of a regional county municipality. If the sum to be paid does not exceed $25, the authorization of the head of the council is sufficient.

Even in the absence of authorization from the council or from its head, it is his duty to pay, out of the funds of the municipality, any draft or order drawn upon him, or any sum demanded, by any one empowered so to do by this Code, or by any municipal by-law.

No draft or order may, however, be legally paid unless the same shows sufficiently the use made or to be made of the sum therein mentioned.

M.C. 1916, a. 166; 1975, c. 82, s. 10; 1996, c. 2, s. 262; 1996, c. 27, s. 57.

205. No secretary-treasurer may, under penalty of a fine of $20 for each infraction:

(1)  give a discharge to a ratepayer or other person indebted to the municipality for municipal taxes or other debts, without having actually received, in cash or in legal equivalent, the amount mentioned in such discharge;

(2)  lend, directly or indirectly, by himself or by others, to any ratepayer or other person whomsoever, moneys received in payment of municipal taxes or belonging to the municipality.

M.C. 1916, a. 167; 1996, c. 2, s. 455.

206. The secretary-treasurer is bound to keep the books of account of the municipality in such a way as to:

(a)  agree with the nature of its operations;

(b)  ensure their accuracy;

(c)  facilitate their audit; and

(d)  supply the data required in the preparation of financial reports.

He must have vouchers for all his disbursements for the municipality, produce them for audit and inspection, and file them amongst the archives of the municipality.

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 such system or systems as may from time to time be established by the Government.

M.C. 1916, a. 168; 1917-18, c. 60, s. 17; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

207. The secretary-treasurer is bound to keep a repertory in which he mentions, in a summary manner and in the order of their dates, all reports, procès-verbaux, deeds of agreement, acts of apportionment, valuation rolls, collection rolls, judgments, maps, plans, statements, notices, letters, papers and documents whatsoever, which are in his possession during his tenure of the office.

M.C. 1916, a. 169.

208. The secretary-treasurer’s books of account and the vouchers for his expenditures together with all the registers or documents forming part of archives of the municipality may be inspected during regular working hours, by any person applying to do so.

M.C. 1916, a. 170; 1917-18, c. 20, s. 22; 1979, c. 36, s. 11; 1987, c. 68, s. 40; 1996, c. 2, s. 455.

209. 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.

The secretary-treasurer shall send without delay by mail, to the principal establishment of any person whose place of work and domicile are outside the territory of the municipality, who shall have filed in the office of the municipality a general application to that effect, and shall have made such principal establishment known, a certified copy of every public notice, by-law, resolution or procès-verbal filed for homologation or homologated, which affects such person, as well as a certified extract from the valuation roll, including the valuation of the taxable property of such person, together with a bill of the costs exigible which the person is bound to pay immediately on receipt of such document.

Notwithstanding the second and third paragraphs of section 11 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) bound to furnish gratuitously any copy or extract required by the Lieutenant-Governor or by the municipality.

M.C. 1916, a. 171; 1929, c. 88, s. 8; 1968, c. 86, s. 6; 1975, c. 82, s. 11; 1987, c. 68, s. 41; 1995, c. 34, s. 34; 1996, c. 2, s. 263; 1999, c. 40, s. 60.

210. The secretary-treasurer is the chief officer of the municipality.

1983, c. 57, s. 8; 1996, c. 2, s. 455.

211. Under the authority of the council or of the executive committee, the secretary-treasurer is responsible for the administration of the municipality and for that purpose he shall plan, organize, direct and supervise the activities of the municipality.

1983, c. 57, s. 8; 1996, c. 2, s. 455.

212. In application of articles 210 and 211, the secretary-treasurer 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 secretary-treasurer shall have access to all the documents 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 assist the council, the executive committee or any other committee in the preparation of 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 attend the meetings of the council, the executive committee and the other committees;

(6)  he shall report to the council or to the executive committee on the carrying out of its decisions and, in particular, on the use of the funds for the purposes for which they were voted.

1983, c. 57, s. 8; 1996, c. 2, s. 455.

212.1. The council may, by by-law, add to the powers and obligations of the secretary-treasurer of the municipality the powers and obligations set out in the second and third paragraphs of section 113 of the Cities and Towns Act (chapter C-19), and those set out in paragraphs 2 and 5 to 8 of section 114.1 of that Act in place of the powers and obligations set out in paragraphs 2, 5 and 6 of article 212 of this Code.

In such a case, the secretary-treasurer shall also be the director general of the municipality.

In the case of a local municipality, the by-law must be adopted by an absolute majority.

1996, c. 77, s. 25; 1998, c. 31, s. 36.

DIVISION IV DUTIES SPECIALLY INCUMBENT UPON LOCAL SECRETARY-TREASURERS

213. The secretary-treasurer of every local municipality must keep a “register of roads, bridges and watercourses”, in which are entered at full length, in the order of their dates, certified by him to be correct, all procès-verbaux, acts of apportionment and by-laws in force, respecting work to be done on the roads, bridges and watercourses to be built and kept in repair in the territory of the municipality, under the control of the municipality.

M.C. 1916, a. 172; 1996, c. 2, s. 264.

214. The secretary-treasurer must note on the margin of every document so registered, any amendments which are subsequently made to such document, or its repeal in the event of its being repealed.

M.C. 1916, a. 173.

215. The secretary-treasurer must perform every duty required of him under the provisions of the law respecting the jury lists and the list of parliamentary electors; he must also perform every duty required of him by this Code respecting valuation rolls, collection rolls and other matters.

M.C. 1916, a. 174.

DIVISION V

Repealed, 1984, c. 38, s. 53.

1984, c. 38, s. 53.

216. (Repealed).

M.C. 1916, a. 175 (part); 1917-18, c. 20, s. 23; 1928, c. 94, s. 9; 1979, c. 72, s. 283; 1984, c. 38, s. 53.

217. (Repealed).

M.C. 1916, a. 176; 1917-18, c. 20, s. 24; 1928, c. 94, s. 10; 1984, c. 38, s. 53.

218. (Repealed).

M.C. 1916, a. 177; 1917-18, c. 20, s. 25; 1928, c. 94, s. 11; 1984, c. 38, s. 53.

CHAPTER III OFFICERS OF LOCAL MUNICIPALITIES

1996, c. 2, s. 455.

DIVISION I GENERAL PROVISIONS

219. Every local municipality in the month of March of every second year, must appoint:

(1)  a rural inspector for every rural division included in the territory of the municipality;

(2)  as many public pound-keepers as it deems necessary;

(3)  an inspector for each road division, or a municipal inspector, subject, however, to articles 221 to 223.

M.C. 1916, a. 178; 1979, c. 72, s. 270; 1996, c. 2, s. 265.

220. Subject to the Act respecting liquor permits (chapter P-9.1), any local municipality may, by resolution, designate one of its officers or employees 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.

1975, c. 82, s. 12; 1979, c. 71, s. 160; 1996, c. 2, s. 455.

221. Every local municipality may appoint an inspector of roads, sidewalks, bridges and watercourses for the territory of the municipality, and pay him as one of its employees.

All the work relating to roads, sidewalks, bridges or watercourses in the territory of the municipality must be done under the supervision of that person.

Such officer is called a “municipal inspector” and has absolute control and supervision over all the other inspectors for road divisions; and any work of special or permanent character ordered by the municipality on any road, sidewalk, bridge or watercourse must be performed under the supervision and control of such officer.

M.C. 1916, a. 179; 1996, c. 2, s. 266; 2000, c. 54, s. 9.

222. If a local municipality does not appoint a municipal inspector, the powers conferred and the duties imposed upon the municipal inspector by the laws in force, are conferred or imposed, as the case may be, upon the inspector for each road division, within the boundaries of his division; and, in particular, articles 811 and following apply to each road inspector within the boundaries of his division, as if he was the municipal inspector.

M.C. 1916, a. 180; 1996, c. 2, s. 455.

223. A local municipality need not, however, appoint an inspector for each road division, but in that case it must, every two years, in the month of March, appoint a municipal inspector.

M.C. 1916, a. 181; 1996, c. 2, s. 455.

DIVISION II RURAL INSPECTORS

§ 1 . — General provisions

224. Rural inspectors are bound to do whatever is required of them under this Code, or any by-law respecting public nuisances, clearances, boundary ditches or boundary fences.

Where contiguous properties between which a line fence or ditch is to be made and maintained are situated in more than one local municipal territory, the rural inspectors of the municipalities concerned have concurrent jurisdiction.

M.C. 1916, a. 182; 1996, c. 2, s. 267.

225. Every rural inspector appointed for a rural division has jurisdiction over every person liable for the performance of any work under his superintendence, whether such person is domiciled within or without the boundaries of his division.

M.C. 1916, a. 183.

226. Whenever a rural inspector is for any reason whatever unable to act, the local council or the mayor must appoint another rural inspector of the municipality to replace him while so unable, by a written order which is served upon said inspector.

Such inspector is not thereby released from the superintendence of the division for which he had been in the first instance appointed.

M.C. 1916, a. 184; 1999, c. 40, s. 60.

227. Whenever a rural inspector is personally interested in any work or other matter within his jurisdiction, and neglects or refuses to execute or supply that which he is bound to execute or supply, as interested in such work or matter, the secretary-treasurer of the local municipality in whose territory such inspector has jurisdiction, possesses, in relation to such inspector, the same rights and powers, and is subject to the same obligations as the inspector himself, in relation to all persons interested in the same work or matter.

With respect to work to be performed in common, the inspector so interested is always in default to fulfil the obligations attached to such work.

M.C. 1916, a. 185; 1996, c. 2, s. 268.

228. Articles 819, 821, 822, 823 and 824 likewise apply, with the necessary modifications, to rural inspectors.

M.C. 1916, a. 186.

229. Articles 839, 840, 841, 842, 843 and 844, respecting the performance of work prescribed on municipal roads, sidewalks, bridges and watercourses, by the municipal inspector or by the council in the name of the municipality, upon the default of the persons liable for such work, and respecting the recovery of the value of such work, apply with similar effect to work prescribed under this Section, for the performance of such work by the rural inspector of the division or by the council on behalf of the municipality, upon the default of the persons liable, and to the recovery of the value of work performed by such inspector or council.

M.C. 1916, a. 187; 1996, c. 2, s. 455.

230. Whenever the services of a rural inspector are required in any locality situate partly within the boundaries of the jurisdiction of one rural inspector, and partly within the boundaries of the jurisdiction of another, one or other of such inspectors may be called upon to act.

M.C. 1916, a. 188.

231. Every rural inspector, when called upon to act, is entitled to $0.20 for every hour employed in visiting the locality, as well as in managing and superintending the work, if he does not perform it himself.

The council may however, by by-law, grant him a higher remuneration when it deems it expedient to do so.

He is also entitled to be repaid all necessary outlay and costs incurred by him for the performance of the work, and for notices or other written proceedings relating thereto.

Such outlay and costs are paid by the person whom the rural inspector finds in default. If no person is in default, they are paid by the party who applied for the services of the municipal officer. In case of common or joint works, they are paid by all the interested parties, if they are all in default.

In case of refusal or contestation they are recovered by an ordinary action.

M.C. 1916, a. 189; 1948, c. 49, s. 1.

232. The rural inspector, whose services have been called upon by the council, or for the benefit of the municipality, is entitled to the same fees from the latter.

M.C. 1916, a. 190; 1996, c. 2, s. 455.

233. Every special notice by a rural inspector may be given verbally or in writing; but every order of such inspector is given by a special written notice.

M.C. 1916, a. 191.

234. The rural inspector or any person interested may exact from any possessor, tenant or occupant of any land, in the same manner as from the owner of such land, the fulfilment of every obligation imposed upon such owner in regard to matters under the control of the inspector, saving the recourse of such possessor, tenant or occupant against the owner, if any there be.

M.C. 1916, a. 192.

§ 2 . — Nuisances on Private Properties, Creeks or Rivers

235. Whenever any filth or dead animal has been deposited upon any property whatever, or in a creek or river, it is the duty of the rural inspector of the division, within 24 hours after he has received a special notice either written or verbal so to do, to have such filth or dead animal removed by the person who deposited it.

If the person who deposited such filth or dead animal is unknown, it is the duty of the rural inspector, within the same time, to have the same removed at the expense of the municipality.

M.C. 1916, a. 193; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

236. Whoever deposits or causes to be deposited any filth or dead animal upon any of the localities mentioned in article 235, incurs, over and above any damages occasioned thereby, a fine of from $2 to $10.

M.C. 1916, a. 194.

§ 3 . — Clearances

237. The rural inspector, on application, either verbal or in writing, from an owner or occupant of cultivated land who applies to his neighbour for a clearance under article 986 of the Civil Code, must proceed to the spot where such clearance is required, after giving a special notice in writing to the interested parties eight days beforehand.

After examining the premises, and on proof that such clearance is necessary and has been applied for by special notice in writing served before 1 December preceding he shall, by a written order, cause to be felled within the 30 following days, over an area 5 m wide on the whole dividing line along the cultivated land, all hurtful shrubs and all trees thereon throwing a shade on the cultivated land, save those excepted by law or kept to embellish the property.

M.C. 1916, a. 195; 1984, c. 47, s. 213; 1999, c. 40, s. 60.

238. Whoever refuses or neglects to obey the orders of the rural inspector with respect to the clearance, incurs, without prejudice to the execution of such orders, a fine of not more than $2 for each 60 m in length of such clearance, for the first year, and for every subsequent year a fine double that of the preceding year, over and above the damage occasioned to the cultivated land.

M.C. 1916, a. 196; 1984, c. 47, s. 213.

239. The damages occasioned by the refusal or neglect to make the clearance as required by the rural inspector are established by three experts appointed as follows: one by each of the interested parties and the third by the two experts so appointed.

If one of the parties refuses to appoint an expert, the appointment is made by a justice of the peace, on the application of the other party.

M.C. 1916, a. 197; 1999, c. 40, s. 60.

§ 4 . — Boundary Ditches

240. The rural inspector, upon the written or verbal application of any owner or occupant who applies for a boundary ditch between his land and that of his neighbour, must visit the locality, where, after an examination of the place, and hearing of the interested parties, who must have received three days’ special notice thereof, he orders the performance of any work which he deems necessary, and determines how and by whom it must be performed.

The decision of the rural inspector must be in writing, the original whereof is deposited in the archives of the municipality, and any interested party may obtain a copy thereof certified by the inspector.

M.C. 1916, a. 198; 1996, c. 2, s. 455.

241. The rural inspector, on the written or verbal application of one of the neighbours who complains of the insufficiency or bad condition of the common or joint boundary ditch, or of the part thereof for which his neighbour is liable, must, if it is necessary, order the person in default to deepen, cleanse and repair such ditch or part of a ditch, or to do his share of such work within a fixed time. Such time must not exceed the time absolutely necessary to perform such work.

In case the work be not performed within such time, the inspector may authorize the complainant to do the work himself, the cost thereof to be recovered by an ordinary action.

M.C. 1916, a. 199; 1999, c. 40, s. 60.

242. He may, at the same time, order the party complaining to deepen, cleanse or repair that part of the boundary ditch for which he is liable, within the same time, if he finds such part insufficient or in bad condition.

M.C. 1916, a. 200; 1999, c. 40, s. 60.

243. Whoever obstructs or allows any boundary ditch to be obstructed in any manner whatsoever, is liable to a fine not exceeding $1 for every day such ditch is so obstructed.

M.C. 1916, a. 201.

§ 5 . — Boundary Fences

244. The rural inspector of the division, on the written or verbal application of any owner or occupant who applies for the construction or repair, or any work necessary for the preservation, of any boundary fence between his land and that of his neighbour under article 1002 of the Civil Code, must visit the boundary in question, where, after having heard the interested parties, duly notified thereof by a special notice of three days, and examined the works required, he orders any party in default, whether complainant or not, to construct or repair his boundary fence, so that it be good and firm, within the time determined by such inspector. Such time must be as short as possible.

Such decision must be in writing, the original whereof is deposited in the archives of the municipality, and any interested party may obtain a copy thereof certified by the inspector.

Whenever the boundary fence, the construction, repair or preservation whereof is applied for, separates lands subject to rights exercised in common by several persons, and generally known under the name of “Cove” (“Anse”) or that of “Common” (“Commune”), from the bordering and abutting lands, or from the abutting lands only, the rural inspector, after visiting the place and hearing the interested parties, may order, by the decision to be rendered by him, that the work applied for under the first paragraph shall be publicly given out to the lowest tenderer, after public notice, and he may apportion the cost of such work among the interested parties in proportion to the share for which each is responsible.

M.C. 1916, a. 202; 1927, c. 75, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

245. In the event of the work not being executed within such time, the rural inspector may authorize either the complainant himself or any other person to perform the work, or to have it performed, and the cost thereof is assimilated to municipal taxes, and may be recovered by an ordinary action.

M.C. 1916, a. 203; 1999, c. 40, s. 60.

246. Whenever the waters of a river, serving as a division between two or more properties, become sufficiently low during the summer season to allow of animals crossing such river, the local municipality may, on application to that effect, pass a by-law ordering the erection of a temporary fence there as elsewhere.

M.C. 1916, a. 204; 1996, c. 2, s. 269.

247. The rural inspector cannot order the making of a new fence, or the repairing of an old one which is so dilapidated that the cost of repairing it would be equal to that of a new one, unless the party bound to do such work has received special notice in writing to that effect.

M.C. 1916, a. 205; 1979, c. 36, s. 12; 1996, c. 2, s. 270.

§ 6 . — Enforcement of the Orders of Rural Inspectors

248. Whoever refuses or neglects to comply with the orders of a rural inspector, given under subsections 4 and 5, incurs, over and above the damages occasioned by the absence or insufficiency of the boundary fences or boundary ditches, and without prejudice to the execution of such orders, a fine of not more than $1 for each length of 60 m of boundary fence or boundary ditch which he has to make, every fraction of a length of 60 m.

M.C. 1916, a. 206; 1984, c. 47, s. 213; 1999, c. 40, s. 60.

DIVISION III POUND-KEEPERS

249. Pound-keepers are bound to receive and retain in safe-keeping animals found straying on any beach, flat, road, public place, or on any land other than that of their owners, and impounded by the rural inspector or by any other person who finds them, until such animals are claimed by their owners or sold at auction, under this Section.

M.C. 1916, a. 207.

250. Pound-keepers are bound to provide animals impounded under their charge, with proper food in sufficient quantities, and to take proper care of them.

M.C. 1916, a. 208; 1990, c. 4, s. 243.

251. Whenever any animal is impounded, it is the duty of the pound-keeper, under penalty of a fine of not less than $2 nor more than $10 for each failure on his part, to give without delay special notice, either written or verbal, to the owner of the animal impounded, if he is known and domiciled in the territory of the municipality.

M.C. 1916, a. 209; 1996, c. 2, s. 456.

252. If the animal is not claimed within 24 hours following such special notice, or if the owner thereof is unknown or does not reside in the territory of the municipality, the pound-keeper must, under the same penalty, give public notice, in which is set forth the species and color of the animal, the place where it was found straying, and the name of the place where it is impounded; and he must further announce its sale by auction on a day fixed, unless such animal is reclaimed by its owner upon payment of all expenses, fines, fees and costs incurred, as well as such damages as may be agreed upon, or as are determined according to article 262.

M.C. 1916, a. 210; 1996, c. 2, s. 456.

253. The owner of any animal impounded may demand its delivery, between the hours of 7 o’clock in the morning and 7 o’clock in the evening of any day, upon payment or legal tender to the pound-keeper of the expenses, fines, fees, and costs incurred with regard to such animal, and such damages as may be agreed upon, or as are determined according to article 262.

If the pound-keeper refuses or neglects to deliver the animal kept in pound, after such payment or tender has been made, he incurs a fine of $2 for every day he thereafter detains such animal, in addition to the damages occasioned by such refusal.

M.C. 1916, a. 211.

254. If, on the day fixed for the sale, the animal impounded has not been claimed, and if the damages agreed upon or determined, together with the fines, fees, expenses and costs incurred, have not been paid, such animal must be publicly sold by the pound-keeper to the highest and last bidder.

M.C. 1916, a. 212.

255. If, on the day fixed for the sale, there are no bidders, the sale is adjourned to another day, and public notice thereof is given without delay.

M.C. 1916, a. 213.

256. The price of adjudication must be paid on the spot, and before delivery, in default whereof the animal is again put up for sale.

M.C. 1916, a. 214.

257. The proceeds of the sale are employed in paying what is due in consequence of the impounding of the animal; the balance is placed without delay in the hands of the secretary-treasurer of the local municipality, and, if it is not claimed within three years by the owner of the animal sold, it belongs to the municipality.

M.C. 1916, a. 215; 1996, c. 2, s. 271.

258. If the sale has not realized a sufficient sum, the owner of the animal is obliged to make up the balance.

M.C. 1916, a. 216.

259. If the owner of any animal so sold does not reside in the territory of the municipality, or if his business establishment is not situated therein, he may reclaim his animal from the purchaser, within one month from the day of sale, by paying him 10 % on the purchase money, over and above all disbursements for purchase, keep and other charges.

M.C. 1916, a. 217; 1996, c. 2, s. 456; 1999, c. 40, s. 60.

260. Whoever takes and conveys away any animal impounded, without permission from the pound-keeper, incurs a fine exceeding, by $2, the sum claimed on account of such animal.

M.C. 1916, a. 218; 1990, c. 4, s. 244.

261. The fines imposed on the owners of animals found straying are, for the first offence, as follows:

For each stallion not under one year .......... $ 6.00 
For each bull, boar or ram ....................   2.00 
For each gelding, colt, filly, mare, ox,
  cow, calf, heifer or ringed hog .............   0.25 
For each goat or unringed hog .................   1.00 
For each sheep ................................   0.10 
For each goose, duck, turkey or other fowl ....   0.05 

For each subsequent offence, the fine is double that imposed in the first instance.

M.C. 1916, a. 219.

262. In case of contestation, the damages occasioned by animals found straying are ascertained and determined by three experts appointed as follows: one by the complainant, one by the owner of the animal, and the other by the two experts already appointed.

If the complainant or the owner of the animal is not present, his expert is appointed by the pound-keeper. If one of the parties, or in his absence, the pound-keeper, refuses to appoint his expert, the appointment is made by a justice of the peace.

Such experts must be appointed summarily and without delay, upon application of the owner of the animal or of the complainant.

The experts at once proceed to visit the premises and to give their award, which is final.

The amount of damages determined by them is recoverable, in case of refusal to pay the same, by an ordinary action.

M.C. 1916, a. 220.

263. No one is entitled to compensation for damage caused him upon his land by stray animals, if such damage is occasioned by the absence of or by any defect in his boundary fences.

M.C. 1916, a. 221; 1999, c. 40, s. 60.

264. It is not necessary that the animals found straying be impounded, to give rise to a right of action against the persons permitting such animals to stray, for the damages occasioned.

M.C. 1916, a. 222; 1992, c. 61, s. 185.

265. The owner, occupant or tenant of any land is answerable for any animal he receives to pasture thereon, as if such animal were his own property.

M.C. 1916, a. 223.

266. Persons in possession of animals found straying or impounded, have the same rights and privileges, and are subject to the same obligations and to the same penalties, as the owners of such animals.

M.C. 1916, a. 224; 1992, c. 61, s. 186.

267. Any owner, occupant or tenant of any land, or any member of his family, may take and impound on his own premises any animal found straying in the territory of the municipality, on any beach, flat, road, public place, or upon any land whatsoever. Such persons are then vested with the same powers, and subject to the same formalities, obligations and penalties as pound-keepers.

In cases which come under this article, the animal so impounded cannot be sold except by the pound-keeper of the rural division, if there is one, or if there is no pound-keeper, or if he neglects to do so, then by the rural inspector of the division.

M.C. 1916, a. 225; 1992, c. 61, s. 187; 1996, c. 2, s. 456.

CHAPTER IV CERTAIN MEASURES RESPECTING CERTAIN OFFICERS OR EMPLOYEES

267.0.1. An absolute majority of the votes of the members of the council of the local municipality 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.

In the case of a regional county municipality, the decision of the council regarding the dismissal, suspension without pay or reduction of salary of an officer or employee referred to in the first paragraph must be made in accordance with the rules provided for in section 201 of the Act respecting land use planning and development (chapter A‐19.1).

The first and second paragraphs also apply 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 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 first paragraph.

1995, c. 34, s. 35; 2000, c. 54, s. 10.

267.0.2. A resolution dismissing, suspending without pay or reducing the salary of an officer or employee referred to in section 267.0.1, 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 Commission des relations du travail to make an inquiry and dispose of the complaint.

2000, c. 54, s. 10; 2001, c. 26, s. 94.

267.0.3. The provisions of the Labour Code (chapter C‐27) respecting the Commission des relations du travail, its 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.

2000, c. 54, s. 10; 2001, c. 26, s. 95.

267.0.4. The Commission des relations du travail 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 Commission des relations du travail 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. 10; 2001, c. 26, s. 96.

267.0.5. (Repealed).

2000, c. 54, s. 10; 2001, c. 26, s. 97.

267.0.6. Articles 267.0.1 to 267.0.4 do not apply to a suspension without pay unless the suspension is for more than 20 working days, or the suspension, whatever its duration, occurs within 12 months following the expiry of a suspension without pay for more than 20 working days.

2000, c. 54, s. 10; 2001, c. 26, s. 98.

TITLE V.1 PERSON IN CHARGE OF ACCESS TO DOCUMENTS OF THE MUNICIPALITY

1987, c. 68, s. 42; 1996, c. 2, s. 455.

267.1. 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. 42; 1996, c. 2, s. 455.

TITLE VI PERSONS DISQUALIFIED FROM MUNICIPAL OFFICE

1987, c. 57, s. 745.

268. (Repealed).

M.C. 1916, a. 226; 1941, c. 69, s. 5; 1968, c. 86, s. 7; 1969, c. 82, s. 4; 1975, c. 82, s. 13; 1982, c. 2, s. 9; 1987, c. 57, s. 746.

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

(1)  members of the Privy Council;

(2)  judges receiving emoluments from the Government of Canada or the Gouvernement du Québec or from the municipality;

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

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

(5)  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;

(6)  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 20 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 20 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;

(7)  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. Nor does that subparagraph apply to a contract to which the municipality has become a party by succeeding to the rights and obligations of another municipal body, where the contractual relationship of the officer or employee existed before the succession and did not at that time entail disqualification.

Disqualification from municipal office or employment under subparagraph 5 or 6 of the first paragraph shall be incurred only if the offence is in connection with such office or employment.

M.C. 1916, a. 227; 1919, c. 83, s. 1; 1919‐20, c. 82, s. 1; 1921, c. 105, s. 1; 1925, c. 84, s. 2; 1928, c. 94, s. 12; 1933, c. 119, s. 1; 1934, c. 82, s. 1; 1934, c. 83, s. 1; 1938, c. 103, s. 4; 1941, c. 69, s. 6; 1949, c. 71, s. 2; 1952‐53, c. 23, s. 1; 1952‐53, c. 29, s. 20; 1963 (1st sess.), c. 65, s. 2; 1968, c. 86, s. 8; 1977, c. 5, s. 14; 1979, c. 36, s. 13; 1986, c. 95, s. 83; 1987, c. 57, s. 747; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2000, c. 19, s. 6; 2002, c. 37, s. 97.

270. (Repealed).

M.C. 1916, a. 229; 1968, c. 86, s. 11; 1987, c. 57, s. 748.

TITLE VII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

271. (Repealed).

M.C. 1916, a. 237; 1934, c. 83, s. 2; 1968, c. 86, s. 15; 1969, c. 82, s. 5; 1987, c. 57, s. 749.

272. (Repealed).

M.C. 1916, a. 239; 1987, c. 57, s. 749.

273. (Repealed).

M.C. 1916, a. 240; 1968, c. 86, s. 17; 1987, c. 57, s. 749.

TITLE VIII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

274. (Repealed).

M.C. 1916, a. 243; 1929, c. 89, s. 1; 1934, c. 84, s. 1; 1941, c. 69, s. 8; 1942, c. 69, s. 2; 1949, c. 71, s. 4; 1968, c. 86, s. 19; 1969, c. 82, s. 6; 1980, c. 16, s. 45; 1987, c. 57, s. 749.

275. (Repealed).

M.C. 1916, a. 244; 1924, c. 84, s. 1; 1928, c. 94, s. 13; 1930, c. 103, s. 6; 1941, c. 69, s. 9; 1944, c. 46, s. 1; 1949, c. 71, s. 5; 1968, c. 86, s. 20; 1969, c. 82, s. 7; 1980, c. 16, s. 46; 1987, c. 57, s. 749.

276. (Repealed).

1933, c. 120, s. 1; 1950, c. 74, s. 4; 1968, c. 86, s. 21; 1969, c. 82, s. 8; 1980, c. 16, s. 47; 1982, c. 2, s. 10; 1987, c. 57, s. 749.

277. (Repealed).

1980, c. 16, s. 48; 1987, c. 57, s. 749.

278. (Repealed).

1980, c. 16, s. 48; 1987, c. 57, s. 749.

TITLE IX

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

CHAPTER I

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

279. (Repealed).

M.C. 1916, a. 245; 1929, c. 88, s. 11; 1945, c. 70, s. 3; 1949, c. 71, s. 6; 1968, c. 86, s. 22; 1987, c. 57, s. 749.

280. (Repealed).

M.C. 1916, a. 246; 1917-18, c. 20, s. 26; 1919-20, c. 67, s. 4; 1987, c. 57, s. 749.

281. (Repealed).

M.C. 1916, a. 247; 1987, c. 57, s. 749.

282. (Repealed).

1979, c. 72, s. 271; 1987, c. 57, s. 749.

283. (Repealed).

M.C. 1916, a. 248; 1977, c. 53, s. 18; 1982, c. 63, s. 16; 1987, c. 57, s. 749.

284. (Repealed).

M.C. 1916, a. 249; 1917-18, c. 20, s. 27; 1951-52, c. 61, s. 2; 1977, c. 53, s. 19; 1982, c. 63, s. 17; 1987, c. 57, s. 749.

CHAPTER II

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

285. (Repealed).

1954-55, c. 50, s. 5; 1955-56, c. 42, s. 3; 1977, c. 53, s. 20; 1987, c. 57, s. 749.

286. (Repealed).

1954-55, c. 50, s. 5; 1987, c. 57, s. 749.

287. (Repealed).

1954-55, c. 50, s. 5; 1987, c. 57, s. 749.

288. (Repealed).

1954-55, c. 50, s. 5; 1987, c. 57, s. 749.

CHAPTER III

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

289. (Repealed).

1975, c. 82, s. 14; 1977, c. 53, s. 21; 1987, c. 57, s. 749.

290. (Repealed).

1975, c. 82, s. 14; 1987, c. 57, s. 749.

CHAPTER IV

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

291. (Repealed).

1980, c. 16, s. 49; 1987, c. 57, s. 749.

292. (Repealed).

1980, c. 16, s. 49; 1987, c. 57, s. 749.

293. (Repealed).

1980, c. 16, s. 49; 1987, c. 57, s. 749.

294. (Repealed).

1980, c. 16, s. 49; 1987, c. 57, s. 749.

CHAPTER V

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

295. (Repealed).

M.C. 1916, a. 250; 1917-18, c. 20, s. 28; 1935, c. 108, s. 2; 1987, c. 57, s. 749.

296. (Repealed).

1983, c. 57, s. 9; 1987, c. 57, s. 749.

297. (Repealed).

M.C. 1916, a. 251; 1987, c. 57, s. 749.

298. (Repealed).

M.C. 1916, a. 252; 1987, c. 57, s. 749.

299. (Repealed).

M.C. 1916, a. 253; 1987, c. 57, s. 749.

300. (Repealed).

M.C. 1916, a. 254; 1987, c. 57, s. 749.

301. (Repealed).

M.C. 1916, a. 255; 1917-18, c. 20, s. 29; 1987, c. 57, s. 749.

302. (Repealed).

M.C. 1916, a. 256; 1975, c. 82, s. 15; 1980, c. 16, s. 50; 1987, c. 57, s. 749.

CHAPTER VI

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

303. (Repealed).

M.C. 1916, a. 257; 1926, c. 68, s. 2; 1927, c. 74, s. 4; 1934, c. 83, s. 4; 1968, c. 86, s. 25; 1979, c. 72, s. 272; 1980, c. 16, s. 51; 1982, c. 31, s. 119; 1987, c. 57, s. 749.

CHAPTER VII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

304. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

305. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

306. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

307. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

308. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

309. (Repealed).

1979, c. 72, s. 273; 1982, c. 2, s. 11; 1987, c. 57, s. 749.

310. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

311. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

312. (Repealed).

1979, c. 72, s. 273; 1980, c. 16, s. 52; 1982, c. 2, s. 12; 1987, c. 57, s. 749.

CHAPTER VIII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

313. (Repealed).

M.C. 1916, a. 258; 1926, c. 68, s. 3; 1934, c. 83, s. 5; 1968, c. 86, s. 26; 1982, c. 63, s. 18; 1987, c. 57, s. 749.

314. (Repealed).

M.C. 1916, a. 259; 1922 (1st sess.), c. 100, s. 2; 1948, c. 49, s. 2; 1977, c. 53, s. 22; 1980, c. 16, s. 53; 1982, c. 31, s. 120; 1987, c. 57, s. 749.

315. (Repealed).

M.C. 1916, a. 260; 1954-55, c. 50, s. 6; 1987, c. 57, s. 749.

316. (Repealed).

M.C. 1916, a. 261; 1980, c. 16, s. 54; 1987, c. 57, s. 749.

317. (Repealed).

M.C. 1916, a. 262; 1987, c. 57, s. 749.

318. (Repealed).

M.C. 1916, a. 263; 1980, c. 16, s. 55; 1987, c. 57, s. 749.

319. (Repealed).

M.C. 1916, a. 264; 1979, c. 72, s. 274; 1980, c. 16, s. 56; 1987, c. 57, s. 749.

320. (Repealed).

M.C. 1916, a. 265; 1987, c. 57, s. 749.

CHAPTER IX

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

321. (Repealed).

M.C. 1916, a. 266; 1927, c. 74, s. 5; 1929, c. 88, s. 12; 1931-32, c. 103, s. 1; 1975, c. 82, s. 16; 1980, c. 16, s. 57; 1987, c. 57, s. 749.

322. (Repealed).

1929, c. 88, s. 13; 1987, c. 57, s. 749.

323. (Repealed).

M.C. 1916, a. 267; 1987, c. 57, s. 749.

324. (Repealed).

M.C. 1916, a. 268; 1987, c. 57, s. 749.

325. (Repealed).

M.C. 1916, a. 269; 1987, c. 57, s. 749.

326. (Repealed).

M.C. 1916, a. 270; 1987, c. 57, s. 749.

327. (Repealed).

M.C. 1916, a. 271; 1987, c. 57, s. 749.

328. (Repealed).

M.C. 1916, a. 272; 1987, c. 57, s. 749.

329. (Repealed).

M.C. 1916, a. 273; 1987, c. 57, s. 749.

330. (Repealed).

M.C. 1916, a. 274; 1930, c. 103, s. 7; 1980, c. 16, s. 58; 1987, c. 57, s. 749.

331. (Repealed).

M.C. 1916, a. 275; 1950, c. 74, s. 5; 1982, c. 2, s. 13; 1987, c. 57, s. 749.

332. (Repealed).

M.C. 1916, a. 276; 1987, c. 57, s. 749.

333. (Repealed).

M.C. 1916, a. 277; 1987, c. 57, s. 749.

334. (Repealed).

M.C. 1916, a. 278; 1987, c. 57, s. 749.

335. (Repealed).

M.C. 1916, a. 279; 1987, c. 57, s. 749.

336. (Repealed).

M.C. 1916, a. 280; 1987, c. 57, s. 749.

337. (Repealed).

M.C. 1916, a. 281; 1987, c. 57, s. 749.

338. (Repealed).

M.C. 1916, a. 282; 1983, c. 57, s. 10; 1987, c. 57, s. 749.

339. (Repealed).

M.C. 1916, a. 283; 1980, c. 16, s. 59; 1987, c. 57, s. 749.

CHAPTER X

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

340. (Repealed).

M.C. 1916 a. 284; 1987, c. 57, s. 749.

341. (Repealed).

M.C. 1916, a. 285; 1969, c. 21, s. 35; 1987, c. 57, s. 749.

CHAPTER XI

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

342. (Repealed).

M.C. 1916, a. 287; 1917-18, c. 20, s. 30; 1987, c. 57, s. 749.

343. (Repealed).

M.C. 1916, a. 288; 1917-18, c. 20, s. 31; 1987, c. 57, s. 749.

344. (Repealed).

M.C. 1916, a. 289; 1987, c. 57, s. 749.

CHAPTER XII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

DIVISION I

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

345. (Repealed).

M.C. 1916, a. 291; 1968, c. 86, s. 27; 1987, c. 57, s. 749.

346. (Repealed).

M.C. 1916, a. 292; 1979, c. 56, s. 256; 1984, c. 51, s. 529; 1987, c. 57, s. 749.

347. (Repealed).

M.C. 1916, a. 293; 1930-31, c. 114, s. 2; 1982, c. 31, s. 122; 1987, c. 57, s. 749.

348. (Repealed).

M.C. 1916, a. 294; 1987, c. 57, s. 749.

349. (Repealed).

M.C. 1916, a. 295; 1930, c. 103, s. 8; 1953-54, c. 31, s. 1; 1987, c. 57, s. 749.

350. (Repealed).

M.C. 1916, a. 296; 1982, c. 31, s. 123; 1987, c. 57, s. 749.

351. (Repealed).

M.C. 1916, a. 297; 1987, c. 57, s. 749.

352. (Repealed).

M.C. 1916, a. 298; 1987, c. 57, s. 749.

353. (Repealed).

M.C. 1916, a. 299; 1987, c. 57, s. 749.

354. (Repealed).

M.C. 1916, a. 300; 1987, c. 57, s. 749.

355. (Repealed).

M.C. 1916, a. 301; 1987, c. 57, s. 749.

DIVISION II

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

356. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

357. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

358. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

359. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

360. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

361. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

362. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

363. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

364. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

365. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

366. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

367. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

DIVISION III

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

368. (Repealed).

M.C. 1916, a. 302; 1982, c. 31, s. 125; 1987, c. 57, s. 749.

369. (Repealed).

M.C. 1916, a. 303; 1987, c. 57, s. 749.

370. (Repealed).

M.C. 1916, a. 304; 1982, c. 31, s. 126; 1987, c. 57, s. 749.

371. (Repealed).

M.C. 1916, a. 305; 1987, c. 57, s. 749.

372. (Repealed).

M.C. 1916, a. 306; 1982, c. 31, s. 127; 1987, c. 57, s. 749.

373. (Repealed).

1982, c. 31, s. 127; 1987, c. 57, s. 749.

374. (Repealed).

M.C. 1916, a. 307; 1987, c. 57, s. 749.

375. (Repealed).

M.C. 1916, a. 308; 1982, c. 31, s. 128; 1987, c. 57, s. 749.

376. (Repealed).

1982, c. 31, s. 129; 1987, c. 57, s. 749.

377. (Repealed).

1982, c. 31, s. 129; 1987, c. 57, s. 749.

DIVISION IV

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

378. (Repealed).

M.C. 1916, a. 309; 1987, c. 57, s. 749.

379. (Repealed).

1979, c. 36, s. 15; 1987, c. 57, s. 749.

DIVISION V

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

380. (Repealed).

M.C. 1916, a. 310; 1927, c. 74, s. 6; 1954-55, c. 50, s. 7; 1982, c. 31, s. 131; 1987, c. 57, s. 749.

381. (Repealed).

M.C. 1916, a. 311; 1987, c. 57, s. 749.

382. (Repealed).

M.C. 1916, a. 312; 1954-55, c. 50, s. 8; 1987, c. 57, s. 749.

383. (Repealed).

1954-55, c. 50, s. 9; 1980, c. 16, s. 60; 1987, c. 57, s. 749.

384. (Repealed).

1954-55, c. 50, s. 9; 1987, c. 57, s. 749.

385. (Repealed).

M.C. 1916, a. 313; 1987, c. 57, s. 749.

CHAPTER XIII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

386. (Repealed).

1927, c. 74, s. 7; 1975, c. 82, s. 17; 1980, c. 16, s. 61; 1987, c. 57, s. 749.

CHAPTER XIV

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

387. (Repealed).

1954-55, c. 50, s. 10; 1983, c. 57, s. 11; 1987, c. 57, s. 749.

388. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

389. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

390. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

391. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

392. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

393. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

394. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

395. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

396. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

397. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

398. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

399. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

400. (Repealed).

1954-55, c. 50, s. 10; 1983, c. 57, s. 12; 1987, c. 57, s. 749.

401. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

402. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

403. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

TITLE X

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

404. (Repealed).

M.C. 1916, a. 314; 1987, c. 57, s. 749.

405. (Repealed).

M.C. 1916, a. 315; 1924, c. 83, s. 2; 1949, c. 59, s. 61; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

406. (Repealed).

M.C. 1916, a. 316; 1987, c. 57, s. 749.

407. (Repealed).

M.C. 1916, a. 317; 1965 (1st sess.), c. 80, a. 1; 1987, c. 57, s. 749.

408. (Repealed).

M.C. 1916, a. 318; 1925, c. 84, s. 3; 1933, c. 118, s. 2; 1982, c. 63, s. 19; 1987, c. 57, s. 749.

409. (Repealed).

M.C. 1916, a. 319; 1941, c. 69, s. 11; 1982, c. 63, s. 20; 1987, c. 57, s. 749.

TITLE XI APPOINTMENTS BY THE MINISTER OF MUNICIPAL AFFAIRS AND GREATER MONTRÉAL

1999, c. 43, s. 13.

410. Where an appointment under this Code has not been made within the prescribed time or within a time that the Minister considers reasonable, the Minister may make the appointment. However, the appointment may be made by the council, even after the expiry of that time, with the permission of the Minister.

M.C. 1916, a. 320; 1919-20, c. 67, s. 5; 1921, c. 48, s. 23; 1922 (2nd sess.), c. 85, s. 1; 1934, c. 83, s. 7; 1947, c. 77, s. 2; 1968, c. 86, s. 28; 1977, c. 53, s. 24; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 2002, c. 37, s. 98.

411. (Replaced).

M.C. 1916, a. 321; 1930, c. 103, s. 9; 1952-53, c. 23, s. 3; 1953-54, c. 31, s. 2; 1968, c. 86, s. 29; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2002, c. 37, s. 98.

412. (Replaced).

M.C. 1916, a. 326; 1917-18, c. 20, s. 32; 1947, c. 77, s. 6; 1999, c. 43, s. 13; 2002, c. 37, s. 98.

413. (Replaced).

M.C. 1916, a. 328; 1917-18, c. 20, s. 33; 1947, c. 77, s. 8; 1977, c. 53, s. 26; 1999, c. 43, s. 13; 2002, c. 37, s. 98.

414. (Repealed).

M.C. 1916, a. 329; 1977, c. 53, s. 27; 1987, c. 57, s. 750.

TITLE XII MUNICIPAL NOTICES

CHAPTER I GENERAL PROVISIONS

415. Every notice under this Code, or under any order of a council, or for any municipal purpose, must be given, published and served in accordance with the formalities prescribed in this Title.

M.C. 1916, a. 330.

416. Every notice so given is either special or public.

M.C. 1916, a. 331.

417. Every notice in writing must contain:

(1)  the name of the municipality, when such notice is given by an officer or by the head of such municipality;

(2)  the name, official capacity and signature of the person who gives it;

(3)  a sufficient description of those to whom it is addressed;

(4)  the place where and the time when it is made;

(5)  the object for which it is given;

(6)  the place, day and hour at which those summoned to answer such notice must do so.

M.C. 1916, a. 332; 1996, c. 2, s. 455.

418. Every copy of a notice in writing which must be served, published, posted up or read is attested either by the person who gives such notice, or by the secretary-treasurer of the municipality under whose control such person acts.

The copy may also be attested by the person in charge of access to documents of the municipality.

M.C. 1916, a. 333; 1987, c. 68, s. 43; 1996, c. 2, s. 455.

419. The original of every notice in writing must be accompanied by a certificate of publication or of service.

The original of such notice and the certificate which accompanies it must be filed by the person who has given it, in the office of the municipality, to form part of the archives thereof.

M.C. 1916, a. 334; 1996, c. 2, s. 455.

420. The certificate must set forth:

(1)  the name, residence, official capacity and signature of the person who has given it;

(2)  a summary statement of the manner in which the notice was published or served;

(3)  the place, day and hour of publication or of service.

The truth of the facts set forth in such certificate must be attested under the oath of office of the person giving it, if such person has taken an oath of office, and, if not, by his special oath.

Such certificate is written either on the original notice or on a paper annexed thereto.

M.C. 1916, a. 335.

421. In the case of a special notice given verbally, the affirmation under oath of the person who served such notice takes the place of the certificate of service; such affirmation is only required in case of contestation, and must contain the object of the notice.

M.C. 1916, a. 336.

422. Any owner of land or any ratepayer, domiciled outside the territory of a municipality, may, by a special notice, filed in the office of the municipality, appoint an agent to represent him for all municipal purposes.

M.C. 1916, a. 337; 1996, c. 2, s. 272.

423. No person who has acquiesced in that which is required by a notice, or who has in any manner whatsoever become sufficiently acquainted with its tenor or object, can thereafter avail himself of the insufficiency or informality of such notice, or of the omission of its publication or service.

M.C. 1916, a. 338.

CHAPTER II SPECIAL NOTICES

424. Every special notice must be given verbally or in writing, except in particular cases in which the law prescribes that the special notice must be given in writing, and it must be given or drawn up in the language of the person to whom it is addressed, unless such person speaks a language other than French or English.

A special notice given or addressed to any person who speaks neither the French nor the English language, or who speaks both of these languages, may be given in either language.

M.C. 1916, a. 339.

425. The service of a special written notice is made by leaving a copy of the notice with the person to whom it is addressed, in person, or at his domicile or business establishment; if the service is made at his domicile, the copy may be left with a reasonable member of his family; if at his business establishment, the copy may be left with any person employed there.

M.C. 1916, a. 340; 1999, c. 40, s. 60.

426. Every special notice in writing addressed to an absent proprietor or ratepayer, 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 proprietor.

If an agent resident in the territory of the municipality has not been appointed, every such notice is 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 proprietor or ratepayer, or to any other agent if he has appointed one.

M.C. 1916, a. 341; 1975, c. 83, s. 84; 1996, c. 2, s. 456.

427. A special verbal notice is given by the person who should give it, or on his behalf, to the person to whom it is addressed, in person, or at his domicile to a reasonable member of his family, or at his business establishment to a person employed there.

M.C. 1916, a. 342; 1999, c. 40, s. 60.

428. Special notices may be served between the hours of 7 o’clock in the morning and 7 o’clock in the evening, and even upon holidays.

Special notices, however, cannot be served at business establishments except upon juridical days.

M.C. 1916, a. 343; 1999, c. 40, s. 60.

429. If the doors of the domicile or business establishment, where service of a special notice in writing is to be made, are closed, or if there is not a reasonable member of the family at the domicile, or a person employed at the business establishment, service is effected by affixing a copy of the notice to one of the doors of the domicile or of the business establishment.

M.C. 1916, a. 344; 1999, c. 40, s. 60.

430. The intermediate time after a special notice begins to run from the day on which such notice was served, such day not being included.

M.C. 1916, a. 345; 1999, c. 40, s. 60.

CHAPTER III PUBLIC NOTICES

431. Public notices must be in writing.

The publication of a public notice for local municipal purposes is made by posting a copy of such notice at two different places in the territory of the municipality, fixed from time to time by resolution.

In default of localities fixed by the council, the public notice must be posted on or near the principal door of at least one place of public worship, if any there be, and at some other place of public resort in the territory of such municipality.

In either case, if there is a Roman Catholic church in the territory of the municipality, the notice must be posted on or near the main door of such church.

M.C. 1916, a. 346; 1996, c. 2, s. 456.

432. The council may fix as one of the localities for the posting of public notices, a locality situated in a local municipal territory contiguous to the territory of the municipality.

M.C. 1916, a. 347; 1930, c. 103, s. 10; 1982, c. 63, s. 21; 1996, c. 2, s. 273.

433. Every public notice of a regional county municipality that is intended for the inhabitants of the territory of a local municipality is posted in the same localities and in the same manner as a public notice of such local municipality.

The officers of the regional county municipality giving such notice may, by letter, order the secretary-treasurer of each such local municipality, after having transmitted to him as many copies of such notice as are requisite, to provide that the same be posted as required, and that a certificate of the publication thereof be transmitted to them without delay, under penalty of a fine of not less than $10 nor more than $40.

M.C. 1916, a. 349; 1996, c. 2, s. 274.

434. Every public notice convening any public meeting, or for any object whatever, must be published at least seven clear days before the day appointed for such meeting or other proceeding, except in cases otherwise provided for.

M.C. 1916, a. 350.

435. Except in cases otherwise provided for, the intermediate time after a public notice begins to run from the date on which such notice has been published under article 431 or article 433, exclusive of such date.

M.C. 1916, a. 351; 1999, c. 40, s. 60.

436. Public notices are applicable to and binding upon proprietors or ratepayers domiciled outside the territory of the municipality, in the same manner as upon residents, except in cases otherwise provided for.

M.C. 1916, a. 352; 1996, c. 2, s. 275.

437. Every person who wilfully tears down, injures or defaces any document whatsoever posted in any public place under the authority of this Code, incurs a fine of not less than $1 nor more than $8 for each offence.

M.C. 1916, a. 353.

437.1. Every notice or document, other than a notice provided for in article 738.2, an advertisement referred to in article 935 or a document referred to in article 1027, which a municipality must publish for municipal purposes under this Code 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. 36; 1996, c. 77, s. 26; 1997, c. 53, s. 11; 2002, c. 37, s. 99.

437.2. Every municipality may pass by-laws

(1)  to establish a mail subscription service for notices, minutes, by-laws or any other type of documents emanating from the council and fix the subscription rates;

(2)  to provide for the publishing of information documents on the municipal administration and related events.

1995, c. 34, s. 36.

TITLE XII.1 PROCEEDINGS AND ORDERS IN MATTERS OF ACTIVITIES OR USES

1997, c. 51, s. 3.

437.3. The council of a local municipality 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 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. 3.

437.4. Where the delinquent or the owner or operator of the immovable is, in his opinion, aggrieved by a decision of the council made under article 437.3, he may, within 10 days of notification thereof, contest the decision before the Court of Québec.

The proceeding shall be 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. 3.

437.5. The council of a local municipality 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, 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 endanger the life or health of persons or cause serious or irreparable damage to property;

(2)  where the activity or use disturbs public tranquility.

Any such 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. 3.

437.6. In the case of a proceeding brought under subparagraph 1 of the first paragraph of article 437.5, the council of a local municipality 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. 3.

437.7. Where public tranquility is at issue under subparagraph 2 of the first paragraph of article 437.5, 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. 3.

437.8. 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. 3.

437.9. The local municipality shall post any decision, made by the council or the court under this title, 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. 3.

437.10. 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 article 437.6 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. 3.

TITLE XIII RESOLUTIONS

CHAPTER I GENERAL PROVISION

438. Whenever any municipality deems it advisable to avail itself of the powers which are granted to it by this Title, for any of the objects therein mentioned, it must do so by resolution.

This article does not affect the right which all municipalities have to decide and exercise, by resolution, all acts of administration concerning them and which are not incompatible with this Code.

M.C. 1916, a. 354; 1996, c. 2, s. 455.

CHAPTER II RESOLUTIONS WITHIN THE JURISDICTION OF ALL MUNICIPALITIES

1996, c. 2, s. 455.

439. Every municipality may, by resolution, appoint an officer whose duty it shall be to serve the special notices required by this Code or by by-law.

The appointment of any such officer does not render other municipal officers incapable of making the services which they are authorized by this Code to make.

M.C. 1916, a. 355; 1996, c. 2, s. 455.

440. Every municipality may also, by resolution:

(a)  acquire, for the use or benefit of the municipality, either gratuitously or for a consideration, any land situated in its territory or outside such territory;

(b)  provide for the lease, purchase or erection of any building which the municipality requires;

(c)  order a census to be taken of the inhabitants of the whole territory of the municipality or of any part thereof;

(d)  give bounties for the destruction of wild animals, and determine the conditions upon which such bounties are to be given;

(e)  offer and give rewards for information which may lead to the arrest of persons who have committed criminal offences;

(f)  enter into agreements with every municipality whose territory is contiguous to its territory and with persons, partnerships or companies for the purchase or lease in common of the equipment to be used for the construction and maintenance of roads.

M.C. 1916, a. 356; 1946, c. 55, s. 5; 1996, c. 2, s. 276; 1999, c. 40, s. 60.

441. (Repealed).

1929, c. 88, s. 15; 1996, c. 2, s. 455; 1996, c. 27, s. 58.

CHAPTER III

Repealed, 1996, c. 2, s. 277.

1996, c. 2, s. 277.

442. (Repealed).

M.C. 1916, a. 357; 1992, c. 57, s. 484; 1996, c. 2, s. 277.

CHAPTER IV RESOLUTIONS WITHIN THE JURISDICTION OF LOCAL MUNICIPALITIES

1996, c. 2, s. 455.

443. Every local municipality may, by resolution:

(a)  indemnify persons whose property has been destroyed or injured, either in whole or in part, by rioters, in the territory of the municipality;

(b)  contribute to the support of poor persons in the territory of the municipality who, from infirmity, old age, or other cause, are unable to earn their own livelihood;

(c)  relieve any person who has received any bodily injury or contracted any sickness or disease at a fire;

(d)  grant rewards, in money or otherwise, to any person in the territory of the municipality who performs a meritorious action at a fire, or who saves or endeavours to save anyone from drowning or from other serious accident;

(e)  provide for the wants of the family of any person who loses his life at a fire, in the territory of the municipality, while saving or endeavouring to save anyone from a serious accident;

(f)  provide for the purchase of engines, apparatus or any device for the prevention of accidents by fire, or for arresting the progress of fires.

M.C. 1916, a. 358; 1996, c. 2, s. 278.

CHAPTER V

Repealed, 1987, c. 57, s. 751.

1987, c. 57, s. 751.

444. (Repealed).

1975, c. 82, s. 18; 1980, c. 16, s. 62; 1987, c. 57, s. 751.

TITLE XIV BY-LAWS AND CERTAIN RESOLUTIONS

1996, c. 27, s. 59.

CHAPTER I FORMALITIES RESPECTING BY-LAWS

DIVISION I PASSING, PROMULGATION AND COMING INTO FORCE OF BY-LAWS

445. Every by-law must, on pain of absolute nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.

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 other members not later than two juridical days before the sitting at which it is to be approved 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 secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.

The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall 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.

However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered or certified letter to the mayors of the local municipalities whose territory is included in that of the regional county municipality and, where applicable, to the warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9). The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.

The preceding paragraph shall apply, mutatis mutandis, to by-laws passed by a board of delegates.

M.C. 1916, a. 359; 1935, c. 108, s. 3; 1949, c. 71, s. 9; 1975, c. 83, s. 84; 1979, c. 36, s. 16; 1987, c. 68, s. 44; 1996, c. 2, s. 279; 1999, c. 40, s. 60; 2001, c. 25, s. 46.

446. The original of every by-law, to be authentic, must be signed either by the head of the council, or by the person presiding at the sitting of the council at the time such by-law was passed, and by the secretary-treasurer.

In no case where this Code or any other 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 head of the council and by the secretary-treasurer, certifying the date of each of the required approvals, must accompany and forms part of the original of such by-law.

M.C. 1916, a. 360; 1947, c. 77, s. 9; 1982, c. 63, s. 22; 1996, c. 2, s. 280.

447. As soon as possible after the coming into force of a by-law of a regional county municipality, the secretary-treasurer of the regional county municipality shall transmit a certified true copy thereof to each local municipality in whose territory the by-law is in force.

M.C. 1916, a. 361; 1996, c. 2, s. 281.

448. Every by-law must be entered in the minute-book and in a special book that constitutes the register of by-laws of the municipality; such entries must be signed by the mayor and countersigned by the secretary-treasurer.

The secretary-treasurer must further indicate at the end of every by-law the date of the posting up of the notice of publication of such by-law.

M.C. 1916, a. 362; 1944, c. 46, s. 2; 1996, c. 2, s. 282.

449. Several subject matters may be provided for in one and the same by-law.

Should several subject matters provided for in one and the same by-law require certain approvals before coming into force, it shall not be necessary that each of these subject matters receive such approvals separately but it shall be sufficient that they be given to the by-law as a whole.

M.C. 1916, a. 363; 1947, c. 77, s. 10.

450. Except where otherwise provided by law, every by-law comes into force and is effective as law, if not otherwise provided for therein, on the day of its publication.

M.C. 1916, a. 364; 1982, c. 63, s. 23.

451. Every by-law is published after it has been passed or received its final approval if it has been submitted to one or several of the approvals mentioned in the second paragraph of article 446, by a public notice mentioning the object of the by-law, the date of the passing thereof, and the place where communication thereof may be had.

Such notice is given under the hand of the secretary-treasurer, and is published in the ordinary manner.

If the by-law has received one or more of the approvals mentioned in the second paragraph of article 446, the notice of publication must mention the date and the fact of each of these approvals.

M.C. 1916, a. 366; 1947, c. 77, s. 11; 1982, c. 63, s. 25.

452. Every by-law remains in force and is executory until it has been amended, repealed or annulled by competent authority, or until the expiration of the time for which it was made.

M.C. 1916, a. 368; 1999, c. 40, s. 60.

453. No by-law which, before coming into force and effect was submitted to one or more of the approvals mentioned in the second paragraph of article 446, can be amended or repealed except by another by-law approved in the same manner.

M.C. 1916, a. 369; 1947, c. 77, s. 12.

454. No by-law can be repealed or amended except by another by-law.

M.C. 1916, a. 370.

DIVISION II PENALTIES IN CONNECTION WITH BY-LAWS

455. 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.

M.C. 1916, a. 371; 1927, c. 74, s. 8; 1939, c. 98, s. 2; 1947, c. 77, s. 13; 1954-55, c. 50, s. 11; 1975, c. 82, s. 19; 1979, c. 36, s. 17; 1990, c. 4, s. 247; 1992, c. 27, s. 34.

DIVISION III

Repealed, 1987, c. 57, s. 752.

1987, c. 57, s. 752.

456. (Repealed).

M.C. 1916, a. 372; 1922 (1st sess.), c. 80, s. 7; 1951-52, c. 61, s. 3; 1987, c. 57, s. 752.

457. (Repealed).

M.C. 1916, a. 373; 1922 (1st sess.), c. 80, s. 8; 1930, c. 103, s. 12; 1987, c. 57, s. 752.

458. (Repealed).

M.C. 1916, a. 374; 1927, c. 74, s. 9; 1929, c. 88, s. 16; 1963 (1st sess.), c. 65, s. 3; 1987, c. 57, s. 752.

459. (Repealed).

M.C. 1916, a. 375; 1987, c. 57, s. 752.

460. (Repealed).

1929, c. 88, s. 17; 1987, c. 57, s. 752.

461. (Repealed).

M.C. 1916, a. 376; 1930-31, c. 114, s. 4; 1979, c. 72, s. 276; 1987, c. 57, s. 752.

462. (Repealed).

1931-32, c. 103, s. 2; 1987, c. 57, s. 752.

463. (Repealed).

M.C. 1916, a. 378; 1987, c. 57, s. 752.

464. (Repealed).

M.C. 1916, a. 379; 1987, c. 57, s. 752.

465. (Repealed).

M.C. 1916, a. 380; 1987, c. 57, s. 752.

466. (Repealed).

M.C. 1916, a. 381; 1935, c. 108, s. 4; 1987, c. 57, s. 752.

467. (Repealed).

M.C. 1916, a. 382; 1919, c. 59, s. 22; 1931-32, c. 103, s. 3; 1987, c. 57, s. 752.

468. (Repealed).

1919, c. 59. s. 23; 1931-32, c. 103, s. 4; 1987, c. 57, s. 752.

469. (Repealed).

M.C. 1916, a. 383; 1987, c. 57, s. 752.

470. (Repealed).

M.C. 1916, a. 384; 1987, c. 57, s. 752.

471. (Repealed).

M.C. 1916, a. 385; 1987, c. 57, s. 752.

472. (Repealed).

M.C. 1916, a. 386; 1987, c. 57, s. 752.

473. (Repealed).

M.C. 1916, a. 387; 1987, c. 57, s. 752.

DIVISION IV

Repealed, 1987, c. 57, s. 752.

1987, c. 57, s. 752.

474. (Repealed).

1941, c. 69, s. 12; 1968, c. 86, s. 31; 1979, c. 36, s. 18; 1982, c. 31, s. 132; 1987, c. 57, s. 752.

475. (Repealed).

1941, c. 69, s. 12; 1963 (1st sess.), c. 65, s. 4; 1979, c. 36, s. 19; 1979, c. 72, s. 277; 1987, c. 57, s. 752.

476. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

477. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

478. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

479. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

480. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

481. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

482. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

483. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

484. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

485. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

DIVISION V APPROVAL OTHER THAN THAT OF THE QUALIFIED VOTERS

1987, c. 57, s. 753.

486. Where this Code or any other general law or special Act provides that a by-law must receive an approval other than that of the qualified voters, the secretary-treasurer, after the by-law has been approved by the qualified voters, if their approval is required, must forward a certified copy of the by-law, together with every other document required by the person to whom it is to be forwarded, to:

(1)  the Minister of Municipal Affairs and Greater Montréal, if his approval or that of the Government or of the Commission municipale du Québec is required, or

(2)  the minister, body or person whose approval is required, in other cases.

The secretary-treasurer must provide the person to whom the certified copy is to be forwarded with any information requested by him with respect to the by-law.

M.C. 1916, a. 388; 1917-18, c. 20, s. 34; 1947, c. 77, s. 15; 1982, c. 63, s. 27; 1987, c. 57, s. 754; 1992, c. 27, s. 35; 1999, c. 43, s. 13.

487. (Repealed).

M.C. 1916, a. 389; 1947, c. 77, s. 16; 1982, c. 63, s. 27; 1992, c. 27, s. 36.

488. The Government or the minister, body or person whose approval is required may approve the by-law in part only.

Notwithstanding article 453, 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.

1929, c. 88, s. 18; 1943, c. 48, s. 1; 1982, c. 63, s. 27; 1999, c. 43, s. 13.

489. The approval of a by-law or other proceeding of a 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.

1954-55, c. 50, s. 12; 1982, c. 63, s. 27.

CHAPTER II CERTAIN BY-LAWS AND RESOLUTIONS THAT MAY BE MADE BY LOCAL MUNICIPALITIES

1996, c. 2, s. 455; 1996, c. 27, s. 60.

DIVISION I GENERAL POWER TO PASS BY-LAWS

490. Every local municipality may make, amend or repeal by-laws to secure the peace, order, good government and general welfare in the municipality, provided such by-laws are not inconsistent with the laws of Canada or of Québec.

No local municipality may 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 to a local municipality on those matters.

M.C. 1916, a. 390; 1930, c. 103, s. 13; 1953-54, c. 31, s. 3; 1982, c. 63, s. 28; 1982, c. 64, s. 1; 1988, c. 19, s. 251; 1996, c. 2, s. 455; 2000, c. 26, s. 61.

DIVISION II GOVERNMENT OF THE COUNCIL AND THE OFFICERS OF THE LOCAL MUNICIPALITY

1996, c. 2, s. 283.

491. Every local municipality may make, amend or repeal by-laws:

(1)  (subparagraph repealed);

(2)  to regulate the manner in which debates of the council are to be carried out and the manner in which order and decorum are to be preserved during the sittings of the council or of any committee;

(3)  to determine the duties of the officers and employees of the municipality not determined by this Code;

(4)  (subparagraph repealed);

(5)  (subparagraph repealed).

M.C. 1916, a. 391; 1983, c. 57, s. 13; 1986, c. 95, s. 84; 1992, c. 61, s. 188; 1996, c. 2, s. 455; 1996, c. 27, s. 61; 1996, c. 77, s. 27; 1998, c. 31, s. 37.

DIVISION III BUILDINGS

§ 1 . — Visits to Houses

492. Every local municipality may make, amend or repeal by-laws to authorize its officers, between 7:00 a.m. and 7:00 p.m., to visit and examine all movable and immovable property, as well as the interior or exterior of any house, building or edifice whatsoever, to ascertain if the by-laws are carried out, 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, tenants or occupants of such properties, buildings or edifices to receive its officers, and to answer all questions put to them relative to the carrying out of the by-laws.

M.C. 1916, a. 392; 1996, c. 2, s. 455; 2001, c. 35, s. 28.

493. Any local municipality may make, amend or repeal by-laws to prohibit, for a period not exceeding 12 months, the demolition of any immovable appropriate to constitute 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.

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

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

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

The 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.

1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259; 1992, c. 65, s. 43; 1994, c. 14, s. 34; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

494. Any local municipality may make, amend or repeal by-laws 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-laws and with the laws and regulations of Québec; or render those by-laws applicable to existing premises.

1979, c. 48, s. 122; 1996, c. 2, s. 455.

§ 2 . — Demolition of immovables

495. In this Subsection,

(1)  “committee” means the committee established by virtue of article 517;

(2)  “dwelling” means a dwelling within the meaning of the Act respecting the Régie du logement (chapter R-8.1).

1979, c. 48, s. 123.

496. Any local municipality may make, amend or repeal by-laws to:

(1)  prohibit the demolition of an immovable or an immovable that includes 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 immovables that it shall specify, the public notice contemplated in article 498 is not required; and

(4)  establish a tariff of fees exigible for the issuance of permits.

1979, c. 48, s. 123; 1996, c. 2, s. 455.

497. A by-law contemplated in article 496 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 valuation roll of the immovable 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. 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, 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. 123.

498. 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 immovable contemplated in the application. Furthermore, it must immediately cause a public notice of the application to be published, except in the cases contemplated by a by-law adopted pursuant to article 496.

Every notice contemplated in this article must reproduce the first paragraph of article 500.

1979, c. 48, s. 123.

499. The applicant must send, by registered or certified mail, a notice of the application to each of the lessees of the immovable.

1979, c. 48, s. 123.

500. Every person wishing to oppose the granting of a demolition permit must, within 10 days of publication of the public notice or, failing such notice, within the 10 days following the posting of the notice on the immovable concerned, make his objections known in writing to the secretary-treasurer 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. 123.

501. Where the immovable contemplated in the application includes one or more dwellings, a person wishing to preserve that immovable as rental housing may, at the hearing of the application, intervene to ask for a delay to undertake or pursue negotiations to acquire the immovable.

1979, c. 48, s. 123.

502. 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. 123.

503. 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 immovable contemplated in the application, the deterioration of the architectural appearance or esthetic character of the neighbourhood or the quality of life in the neighbourhood and the cost of restoration, the intended use of the vacated land any other pertinent criterion, in particular, where the immovable 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. 123.

504. 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. 123.

505. Where the committee grants the permit, it may impose any condition relating to the demolition of the immovable or the re-utilization of the vacated land. It may, in particular, determine the conditions of the relocation of a lessee, where the immovable includes one or more dwellings.

1979, c. 48, s. 123.

506. A 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. 123.

507. 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. 123; 1999, c. 40, s. 60.

508. 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. 123.

509. 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 immovable 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. 123.

510. 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. 123; 1992, c. 57, s. 485; 1994, c. 30, s. 93.

511. 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. 123.

512. Every interested person may, within 30 days from a decision of the committee, appeal to the council from the 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. 123.

513. The council may confirm a decision of the committee or render the decision that the committee should have rendered.

1979, c. 48, s. 123.

514. No demolition permit may be issued before the expiry of 30 days as provided in article 512 nor, if there has been an appeal under that article, before the council has rendered a decision authorizing the issuance of such a permit.

1979, c. 48, s. 123.

515. Every person who carries out the demolition of an immovable 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 article 496 may require that person to restore the immovable so demolished to its former condition. Where the offender fails to restore the immovable 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 article 510 applies, with the necessary modifications.

1979, c. 48, s. 123.

516. 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 the 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. 123; 1986, c. 95, s. 85.

517. A local municipality that has adopted a by-law in virtue of article 496 must constitute a committee having the functions of deciding applications for demolition permits and exercising any other powers conferred on it by this Subsection.

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. 123; 1996, c. 2, s. 455.

518. 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 to act 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. 123; 1999, c. 40, s. 60.

519. No member of the council may be prosecuted for official acts done in good faith under this Subsection.

1979, c. 48, s. 123.

DIVISION IV SEIZURES AND CONFISCATIONS

520. Every local municipality may make, amend or repeal by-laws to authorize, at the time of an inspection, the seizure of all articles offered for sale, or sold, or delivered, in contravention of the by-laws passed under this Code.

M.C. 1916, a. 394; 1992, c. 61, s. 189; 1996, c. 2, s. 455.

DIVISION V FENCES, WALLS, DITCHES, EMBANKMENTS

521. Every local municipality may make, amend or repeal by-laws:

(1)  to order that fences be made of wire along municipal roads, at the places where the council deems expedient;

(2)  to protect persons and animals from injuries and damages from barbed wire fences; or to entirely prohibit such fences being constructed in the whole territory of the municipality or in any part thereof;

(3)  to order that no wall or fence over a certain height be erected along municipal roads, or within 12 m from such roads.

M.C. 1916, a. 395; 1984, c. 47, s. 213; 1996, c. 2, s. 284.

522. Every local municipality may also make, amend or repeal by-laws with respect to the construction, opening up, widening, deepening, repairing or maintaining, at the expense of the municipality, of all ditches, embankments, walls and fences, when in the interest of the inhabitants of its territory or of a considerable portion thereof.

Article 802 applies, with the necessary modifications, when a by-law has been passed under this article.

M.C. 1916, a. 396; 1996, c. 2, s. 285.

DIVISION VI AID IN THE CONSTRUCTION AND MAINTENANCE OF BRIDGES SUBSIDIZED BY THE GOVERNMENT

523. Every local municipality may make, amend or repeal by-laws to aid in the construction of bridges erected with the assistance of the Gouvernement du Québec, according to plans approved by the ministère des Transports, in the territory of the municipality or of any other municipality, by contributing money therefor, and to aid in the same manner in the maintenance thereof in future.

M.C. 1916, a. 397; 1931, c. 19, s. 34; 1966-67, c. 48, s. 22; 1972, c. 54, s. 32; 1996, c. 2, s. 286.

DIVISION VII AID TO AGRICULTURE, HORTICULTURE AND CHARITABLE INSTITUTIONS

524. Every local municipality may make, amend or repeal by-laws:

(1)  to aid agriculture and horticulture in the territory of the municipality.

The local municipality may, if it deems fit, grant the aid above-mentioned by mere resolution;

(2)  (paragraph repealed);

(3)  to establish and maintain poor houses, houses of refuge or other establishments for the refuge and relief of the poor and destitute; to give domiciliary relief to the poor in the territory of the municipality; and to aid 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;

(4)  to aid an agricultural cooperative situated in the regional municipal territory that includes that of the municipality.

M.C. 1916, a. 398; 1917-18, c. 82, s. 1; 1919, c. 59, s. 24; 1930, c. 105, s. 1; 1930-31, c. 115, s. 1; 1971, c. 48, s. 161; 1979, c. 36, s. 26; 1984, c. 38, s. 54; 1992, c. 21, s. 136; 1992, c. 65, s. 27; 1994, c. 23, s. 23; 1996, c. 2, s. 287.

DIVISION VII.1 PUBLIC LIBRARIES

1992, c. 65, s. 28.

524.1. Any local municipality may, by by-law, establish and maintain in its territory 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.

1992, c. 65, s. 28.

524.2. A local municipality may, by by-law, establish rules relating to the operation of these libraries as well as the conditions of use by the public of the services offered by them.

1992, c. 65, s. 28.

524.3. Any local municipality 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. 28.

524.3.1. Any local municipality may enter into, alone or jointly with any other local 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. 75.

DIVISION VII.2 ARTS CENTRES, PUBLIC MUSEUMS, EXHIBITION CENTRES, HERITAGE INTERPRETATION CENTRES AND PERFORMANCE HALLS

1992, c. 65, s. 28.

524.4. Any local municipality may, by by-law, establish and maintain in its territory arts centres, public museums, exhibition centres, heritage interpretation centres and performance halls.

1992, c. 65, s. 28.

524.5. Any local municipality 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 its territory or in a contiguous territory.

1992, c. 65, s. 28.

DIVISION VII.3 CONVENTION CENTRES

1998, c. 31, s. 38.

524.6. Every local municipality may, by by-law, provide that the local 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 local municipality is contained in the territory of a regional county municipality, the local municipality must consult the regional county municipality before adopting the by-law.

1998, c. 31, s. 38; 2000, c. 56, s. 222.

524.7. The local municipality may take up the operation of the convention centre it establishes or entrust a third person with such operation.

1998, c. 31, s. 38.

DIVISION VIII ORGANIZING A PUBLIC TRANSPORT SERVICE

525. Any local municipality 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.

1975, c. 82, s. 24; 1979, c. 36, s. 27; 1983, c. 45, s. 34; 1984, c. 38, s. 55; 1996, c. 2, s. 455.

526. No transport service described in article 525 may be supplied by anyone but a carrier that is a public body providing public transport, the holder of a bus transport permit, a 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 municipality 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. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 24; 1996, c. 2, s. 455.

527. 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 article.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 25; 1986, c. 66, s. 13; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

528. 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. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 25; 1996, c. 2, s. 455.

528.1. 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 article 527 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 article 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. 14; 1988, c. 25, s. 17; 1996, c. 2, s. 455; 1997, c. 43, s. 180.

529. Upon making a contract, a municipality 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. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 26; 1986, c. 66, s. 15; 1996, c. 2, s. 455.

530. The municipality, by resolution, shall fix the various passenger fares according to the classes of users it determines.

The municipality may also make changes in the service; such changes shall be made by by-law of the municipality, 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. 39; 1983, c. 45, s. 34; 1988, c. 25, s. 19; 1996, c. 2, s. 455.

531. Where a member of the council moves the passing 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. 39; 1983, c. 45, s. 34; 1988, c. 25, s. 20; 1999, c. 40, s. 60.

532. A copy of a by-law making a change in the service must be transmitted to the Minister of Transport.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1984, c. 38, s. 56.

532.1. Where the municipality makes a by-law under article 525 or 530 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 municipality that he does not intend to disallow the by-law.

1985, c. 35, s. 27; 1996, c. 2, s. 288.

532.2. Every draft by-law of a municipality 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 body and to each local municipality whose territory is included in that of the body and which is concerned by the proposed route at least 30 days before the date set for the adoption of the by-law.

1985, c. 35, s. 27; 1988, c. 25, s. 21; 1996, c. 2, s. 289.

532.3. In cases provided for in article 532.2, the municipality 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. 27; 1988, c. 25, s. 22; 1996, c. 2, s. 455.

532.4. The municipality, by resolution and without calling for tenders, may make a contract with a carrier referred to in article 526 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. 23; 1996, c. 2, s. 455.

533. A municipality 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. 34; 1996, c. 2, s. 455.

534. (Repealed).

1983, c. 45, s. 34; 1985, c. 35, s. 28; 1988, c. 25, s. 24.

535. (Repealed).

1983, c. 45, s. 34; 1988, c. 25, s. 25.

535.1. Transport supplied under articles 525 to 535 is not subject to the jurisdiction of the Commission des transports du Québec.

1985, c. 35, s. 29.

535.2. 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 article 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. 29; 1986, c. 66, s. 16; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

535.3. For the purposes of this section, unless the context indicates another meaning, the service consists of the routes, frequency and schedule of trips.

1985, c. 35, s. 29; 1988, c. 25, s. 26.

535.4. Every local municipality may take any measure it considers appropriate to promote the organization and operation of public transportation services not organized by the board itself and to provide support services to users and organizers of such transport services.

1986, c. 66, s. 17; 1988, c. 25, s. 27; 1996, c. 2, s. 455.

535.5. The municipality, 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. 28; 1996, c. 2, s. 455; 1997, c. 53, s. 12.

535.6. This section, adapted as required, applies to an intermunicipal board exercising powers provided for therein.

1988, c. 25, s. 28.

535.7. This section does not apply to a municipality whose territory forms part of the territory of a public body providing public transport.

1988, c. 25, s. 28; 1996, c. 2, s. 455.

DIVISION IX TRANSPORTATION OF HANDICAPPED PERSONS

536. Any local municipality, 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 its territory 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. 34; 1984, c. 23, s. 33; 1984, c. 38, s. 57; 1988, c. 25, s. 29; 1996, c. 2, s. 455.

537. The contract may be made without calling for tenders.

As soon as the contract is made, the municipality shall send copy thereof to the Minister of Transport and to the Commission des transports du Québec.

1983, c. 45, s. 34; 1988, c. 25, s. 30; 1996, c. 2, s. 455.

537.1. The municipality, 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. 30; 1996, c. 2, s. 455.

538. Articles 536 to 537.1 apply, with the necessary modifications, to an intermunicipal board exercising powers thereunder.

1983, c. 45, s. 34; 1988, c. 25, s. 31.

539. A municipality 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 municipality shall send a copy to the Minister of Transport.

1983, c. 45, s. 34; 1984, c. 23, s. 34; 1984, c. 38, s. 58; 1988, c. 25, s. 32; 1996, c. 2, s. 455.

DIVISION X ABUSES PREJUDICIAL TO AGRICULTURE

540. Every local municipality may make, amend or repeal by-laws:

(1)  to prevent or cause to be done away with all abuses prejudicial to agriculture, and not provided for by law;

(2)  to establish pounds, in which animals found straying on beaches, flats, roads or public places, or on the property of another than their owner, may be impounded.

M.C. 1916, a. 399; 1979, c. 51, s. 259; 1982, c. 2, s. 14; 1982, c. 63, s. 29; 1996, c. 2, s. 455.

DIVISION XI PLAN AND DIVISION OF THE TERRITORY OF THE MUNICIPALITY

1996, c. 2, s. 290.

541. (1)  Every local municipality may make, amend or repeal by-laws:

(a)  to have maps, plans or surveys made of the territory of the municipality.

Maps or plans of such territory, prepared at the expense of the municipality, must be made by a Québec land surveyor, and upon a scale of at least 1:15 000;

(b)  to divide the territory of the municipality into as many road divisions as may be deemed suitable for the supervision and direction of work on roads and of all other work under the direction of the inspectors;

(c)  to divide the territory of the municipality into such rural divisions as may be deemed expedient, for the superintendence and direction of work in connection with fences, ditches and all other work under the jurisdiction of rural inspectors.

(2)  If the territory of the municipality is not divided into several rural or road divisions, it forms one division only.

(3)  If, under paragraph b or c of subarticle 1, any change is made in the division of the territory of the municipality while inspectors are in office, the jurisdiction of each inspector must be determined by a resolution; otherwise such inspectors continue in the exercise of their jurisdiction as if no changes had been made.

M.C. 1916, a. 400; 1984, c. 47, s. 213; 1996, c. 2, s. 291.

DIVISION XII SALE OF WOOD

542. Every local municipality may make, amend or repeal by-laws to regulate the measuring of cord-wood, bark, lumber and shingles offered for sale in the territory of the municipality.

M.C. 1916, a. 401; 1996, c. 2, s. 292.

DIVISION XIII PROHIBITION OF THE SALE OF ALCOHOLIC LIQUOR

543. Subject to the Act respecting liquor permits (chapter P-9.1), and to the Act respecting offences relating to alcoholic beverages (chapter I-8.1), every local municipality may make, amend or repeal by-laws to prohibit the sale of alcoholic liquor.

M.C. 1916, a. 402; 1921, c. 48, s. 24; 1996, c. 2, s. 455.

DIVISION XIV DECENCY AND GOOD MORALS

544. Every local municipality may make, amend or repeal by-laws:

(1)  to regulate, upon such conditions as may be considered proper, circuses, theatres or other public exhibitions, and subject them to a duty or tax which must not exceed $50 for each performance provided, however, that no person or partnership may be obliged to pay more than $200 in the same year.

Every tax imposed by a by-law made under this paragraph, if it is not paid on demand, may be levied with costs by way of the seizure and sale of the debtor’s movable property. Articles 1014 to 1018 shall apply to such seizure and sale; however, for the application of article 1018, the words “amounts which appear on the collection roll” shall mean “tax claimed by the municipality”.

(2)  to regulate public dance-halls in the territory of the municipality.

No permit or license may be granted, under any Act whatever, for keeping a public dance-hall in the territory of the municipality in opposition to a by-law passed under this paragraph;

(3)  (paragraph repealed);

(4)  to prohibit persons bathing or washing themselves in public waters, or in the open air near public roads or squares, or to regulate the manner in which bathing or washing in such places may be done;

(4.1)  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;

(5)  to prohibit wearing of bathing suits in public places elsewhere than on beaches, on the site of lakes, rivers or watercourses and any other place used as public baths;

(6)  to prohibit the wearing of immodest clothes or wearing apparel on the roads and in public places in the territory of the municipality;

(7)  to prohibit any building or part of a building, situated within such distance as the by-law may prescribe from any church or other building used habitually for purposes of public worship, being used as an inn, a restaurant, a liquor shop, a bowling-alley, or a place to which the public is admitted for the purpose of dancing or engaging in any noisy game or amusement;

(8)  to license, regulate or prohibit pin-ball machines, billiards, pool, pigeon-hole tables, bowling alleys, bagatelle boards, shooting galleries, electronic games and electronic game arcades;

(9)  to determine where, and the kind of building in which, serving of mares may be carried on in the territory of the municipality.

M.C. 1916, a. 403; 1919, c. 85, s. 1; 1927, c. 74, s. 10; 1929, c. 88, s. 19; 1939, c. 98, s. 3; 1947, c. 77, s. 17; 1951-52, c. 61, s. 4; 1969, c. 60, s. 14; 1982, c. 63, s. 30; 1986, c. 95, s. 86; 1996, c. 2, s. 293; 1997, c. 53, s. 13; 1999, c. 40, s. 60.

545. Every local municipality may make, amend or repeal 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. 14; 1996, c. 2, s. 455.

DIVISION XV NUISANCES

546. Every local municipality may make, amend or repeal by-laws:

(1)  to define what constitutes a nuisance, to suppress the same and to prescribe fines upon persons who create nuisances or allow them to continue 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 on the owner, lessee or occupant who permits such nuisances on such lots or land, or to take or prescribe 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 Security Code (chapter C-24.2);

(3)  to compel the owners or occupants of houses, stores and industrial establishments to clean and sanitate such buildings, as well as their cellars, drains, cattle-sheds, stables, piggeries, out-houses, privies and the yards connected with such buildings, at such time and in such manner as the council deems expedient;

(4)  to regulate the construction of gas-works, tanneries, candle or soap factories, distilleries and other manufactories which may become public nuisances, or to prohibit the construction of such establishments or slaughter-houses;

(5)  to compel the owners or occupants of land, whether under cultivation or not, to contribute towards the destruction of grasshoppers and those destructive insects and plant diseases to which the Plant Protection Act (chapter P-39) applies, in such manner and at such times as the council may determine;

(6)  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.

M.C. 1916, a. 404; 1921, c. 106, s. 1; 1929, c. 25, s. 1; 1929, c. 90, s. 1; 1979, c. 36, s. 28; 1981, c. 7 s. 536; 1982, c. 2, s. 15; 1982, c. 63, s. 31; 1982, c. 64, s. 2; 1986, c. 91, s. 655; 1990, c. 4, s. 248; 1992, c. 61, s. 190; 1996, c. 2, s. 455; 1996, c. 27, s. 62; 1999, c. 40, s. 60.

547. Every local municipality may make, amend or repeal by-laws:

(a)  to enact that in the territory of the municipality, or in any part thereof the council may designate, the owner, lessee or occupant of any immovable, or the person who has deposited the same, shall be obliged to remove ashes, swill, offal, refuse, garbage, manure, dead animals, night-soil, and other unhealthy or offensive matter, and to dispose thereof in the manner prescribed by the council;

(b)  to provide itself for the removal of such matter, in the territory of the municipality or in any part thereof the council may designate, and determine the manner of disposing thereof; to determine from the refuse the matters that may be salvaged for re-use or recycling and establish, in the whole territory of the municipality or in any part thereof, 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 article 548.1 or 548.2; to acquire, for the purpose of renting or selling to persons to whom a garbage removal service is provided in the territory of the municipality, containers or other implements used in the operation of the service; to provide for the payment of the cost either by a tax on the taxable real property in the territory of the municipality or of the part designated, or by a compensation, which may vary with each category of users and is payable by the owner, tenant or occupant of each house, store or other building;

(c)  to enact that the compensation must, in all cases, be paid by the owner. It is then assimilated to a property tax imposed on the immovable for which it is due;

(d)  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 sector as established by the council.

1945, c. 70, s. 5; 1979, c. 36, s. 29; 1985, c. 27, s. 45; 1992, c. 27, s. 37; 1996, c. 2, s. 294; 1999, c. 40, s. 60.

548. Any local municipality may make, amend or repeal by-laws to establish an incinerator or garbage-dump.

1963 (1st sess.), c. 65, s. 6; 1996, c. 2, s. 295.

548.1. Every local municipality may establish and operate an establishment for the salvage and treatment of refuse matters that may be recycled. It may also entrust any person with those functions.

1985, c. 27, s. 46; 1996, c. 2, s. 455.

548.2. Every local municipality may, by by-law, regulate the installation and operation of establishments for the salvage and treatment of refuse matters that may be recycled, require a licence for the operation of such an establishment and fix the conditions for obtaining the licence.

1985, c. 27, s. 46; 1996, c. 2, s. 455.

549. (Repealed).

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32; 1987, c. 102, s. 41; 1988, c. 49, s. 43; 1989, c. 46, s. 16; 1994, c. 33, s. 29; 1996, c. 2, s. 296.

550. Any local municipality may make, amend or repeal by-laws to provide for the periodical emptying of septic tanks, in its territory or in 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. Such compensation then has the same rank as a property tax on the immovable for which it is due.

1979, c. 36, s. 30; 1987, c. 42, s. 5; 1996, c. 2, s. 297; 1999, c. 40, s. 60.

550.1. Subject to the Pesticides Act (chapter P-9.3) and the Environment Quality Act (chapter Q-2), every local municipality may, with the consent of the owner of an immovable, carry out pesticide application works on the immovable.

1998, c. 31, s. 39.

DIVISION XVI BOARDS OF HEALTH

551. Every local municipality may, by by-law, establish a board of health and appoint the members thereof.

M.C. 1916, a. 405 (part); 1972, c. 42, s. 56; 1996, c. 2, s. 455.

DIVISION XVII CHILDCARE

1997, c. 58, s. 23.

552. Every local municipality may make, amend or repeal by-laws 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.

It 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).

1979, c. 85, s. 81; 1996, c. 2, s. 455; 1996, c. 16, s. 63; 1997, c. 58, s. 24.

DIVISION XVIII ANIMALS

553. Every local municipality may make, amend or repeal by-laws to order dogs to be kept muzzled or tied up; to prevent them from being at large without their masters or other persons to take charge of them; to impose a tax on the owner of every dog kept in the territory of the municipality; to authorize any officer appointed for such purpose to destroy any unmuzzled dog at large and considered dangerous by such officer.

M.C. 1916, a. 406; 1937, c. 99, s. 1; 1977, c. 53, s. 32; 1990, c. 4, s. 249; 1996, c. 2, s. 298.

554. Every local municipality may make, amend or repeal by-laws to

(1)  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;

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

(3)  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;

(4)  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;

(5)  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 by-law of the municipality 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 officers or employees of the municipality for the purposes of collecting the cost of licences and enforcing the by-law of the municipality.

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

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

1983, c. 57, s. 16; 1996, c. 2, s. 299.

DIVISION XIX PRECAUTIONS AGAINST FIRE

555. Every local municipality may make, amend or repeal by-laws:

(1)  to prevent any person from setting off fireworks or fire-crackers, discharging fire-arms, or lighting fires in the open air, in the streets or roads, or in the neighbourhood of a building, grove or fence;

(2)  to prescribe how and where stoves, grates and stove pipes may be placed, and the manner of making chimneys, furnaces and ovens of every description, and to regulate their use;

(3)  to organize, maintain and regulate a fire prevention department and entrust any person with the organization or maintenance of the department;

(4)  to oblige persons wishing to erect in the future a saw mill or carpentry shop worked by machinery operated by steam or electricity, or by gasoline or crude oil motive power, to notify the municipal council of their intention of so doing. Within the 30 days following said notification the council may, by resolution, object to the erecting of said saw mill or carpentry shop, and in the event of the municipal council so objecting, the said saw mill or carpentry shop shall not be erected.

(5)  (a)  to require the owner of a dwelling or of a building not subject to Chapter III of the Building Act (chapter B‐1.1) 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 by 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 contemplated in 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 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 devices, 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;

(6)  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;

(7)  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;

(7.1)  to regulate or prohibit the storage or use of gun-powder, dry pitch, resin, petroleum, benzine, naphtha, gasoline, turpentine, guncotton, nitro-glycerine and other combustible, explosive, corrosive, toxic, radioactive or other materials harmful to public health or safety, in its territory or within 1 km therefrom; by-laws passed under this paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;

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

(b)  to prescribe installation and maintenance standards for the appliance or equipment, in particular, 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.

M.C. 1916, a. 407; 1924, c. 85, s. 1; 1949, c. 59, s. 62; 1973, c. 38, s. 90; 1979, c. 36, s. 31; 1982, c. 63, s. 33; 1983, c. 57, s. 17; 1985, c. 27, s. 47; 1986, c. 32, s. 3; 1994, c. 17, s. 21; 1996, c. 2, s. 300; 1998, c. 31, s. 40; 1999, c. 36, s. 158; 2000, c. 20, s. 168.

DIVISION XIX.1 ALARM SYSTEMS

1985, c. 27, s. 48.

555.1. Every local municipality may make, amend or repeal by-laws

(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 or operates improperly;

(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 article 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.

1985, c. 27, s. 48; 1996, c. 2, s. 455.

DIVISION XX IMPROVEMENT OF WATER SITES AND PROTECTION AGAINST FLOODING

1985, c. 3, s. 1.

555.2. Every local municipality, for the object of improving the quality of water sites and promoting access thereto, may make, amend or repeal by-laws to order development works on the beds, including the banks or shores and the lands bordering thereon, of municipal or other lakes and watercourses situated in its territory, and works to control their water-level.

The municipality 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 local municipality may do it at his expense.

1985, c. 3, s. 2; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

556. Every local municipality may make, amend or repeal by-laws to order embankment works to protect all or part of the territory of the municipality against flooding.

1979, c. 83, s. 1; 1996, c. 2, s. 301.

DIVISION XXI WATER AND LIGHT

557. Every local municipality may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in its territory or extending outside its territory in the case where the expropriation is made by the municipality in whose territory the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or partnership, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers in the whole territory of the municipality or in any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or partnership undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the whole of its territory, at its expense, or of any part of its territory, at the expense of the ratepayers of that part;

(b)  of any part of its territory, at its expense or at the expense both of the municipality and of the ratepayers of the lighted part, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of persons requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to persons; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property in the whole territory of the municipality or in any part thereof, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

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 Commission municipale 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.

In addition, the municipality may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole territory of the municipality or in any part thereof designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

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

An appeal lies 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;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those persons who wish to use it in their houses, buildings or establishments; paragraph 6 applies with the necessary modifications to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the territory of the municipality;

(9)  to compel the owners or occupants of lands situated both in the territory of the municipality and in neighbouring local municipal territories not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the territory of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the territory of the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the territory of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated in the territory of the municipality or within a radius of 48 km therefrom, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or partnership wishing to take charge thereof; provided that such company, person or partnership does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the municipality may take stock in such company, or lend money to such company, person or partnership;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the municipality has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302; 1997, c. 83, s. 43; 1999, c. 40, s. 60; 2000, c. 22, s. 68.

557.1. Any local 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. 76.

557.2. Hydro-Québec must furnish, at all times, at least half of the contribution to the common stock of the partnership referred to in article 557.1, and must be the partnership’s general partner.

1997, c. 93, s. 76.

558. The council may enact by by-law that the compensation authorized by article 557 must, in all cases, be paid by the property-owners.

1931-32, c. 103, s. 6; 1941, c. 69, s. 16.

559. When a property-owner is liable for the payment of the compensation contemplated by paragraph 3 of article 557 or by article 558, the claim of the municipality is considered to be a tax imposed on the immovable by reason of which the compensation is due.

1935, c. 108, s. 6; 1941, c. 69, s. 17; 1992, c. 57, s. 486; 1994, c. 30, s. 94; 1996, c. 2, s. 455.

560. If the municipality, or the company, person or partnership in the rights of the municipality, cannot agree with the owners or occupants of the lands upon the amount of the indemnity contemplated by paragraphs 10, 11 and 12 of article 557, the expropriation is proceeded with in the manner indicated in this Code.

M.C. 1916, a. 409; 1945, c. 70, s. 6; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

561. The municipality may make agreements to supply water outside its territory, provided that the persons to whom water is supplied comply with the by-laws respecting the administration of the waterworks.

1945, c. 70, s. 7; 1996, c. 2, s. 303.

562. The council may pass by-laws to order that meters shall be furnished to be placed in the buildings or other establishments of consumers, in order to measure the quantity of water supplied and to fix the rent of such meters.

The council may also enter into special agreements with consumers for the supply of water, in cases where the quantity supplied exceeds the level of ordinary consumption.

1953-54, c. 31, s. 4.

563. Any local municipality may make, amend or repeal by-laws:

(1)  (paragraph repealed);

(2)  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 paragraph, the municipality shall not be liable for damages caused to the immovable or its contents through flooding occasioned by the back-flow of sewage;

(3)  (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, 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.

1979, c. 36, s. 33; 1996, c. 2, s. 455; 1997, c. 93, s. 77; 1998, c. 31, s. 41.

563.0.1. Any local 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. 78.

563.1. A local 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 secretary-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.

1996, c. 27, s. 63.

563.2. A local 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. 63.

563.3. 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 article 563.1 or 563.2.

1996, c. 27, s. 63.

563.4. The owners or occupants of lands situated in the territory of a municipality or in neighbouring local municipal territories not more than 48 km distant, must give free access to their lands at any reasonable time to persons authorized by the municipality for the purpose of

(1)  searching for a new source of water supply intended to supply water to the inhabitants of the municipality or supply a waterworks or public well referred to in article 557 and carrying out the inventories, studies and analyses required to assess the location, quantity, quality and vulnerability of the groundwater;

(2)  delimiting the supply area and protection areas of any existing or planned source of water supply intended to supply water to the inhabitants of the municipality or supply a waterworks or public well referred to in article 557 and assessing the vulnerability of the groundwater present in those areas.

Access to the lands is subject, however, to restoring the premises to their former state and compensating the owners or occupants, as the case may be, for any damage; the municipality is also bound, except in the case of emergency, to give the owners or occupants prior notice of at least 48 hours of the person’s intention to enter upon their lands for the above-mentioned purposes.

2002, c. 53, s. 21.

DIVISION XXII PUBLIC PLACES

564. Every local municipality may make, amend or repeal by-laws:

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

(2)  to establish, equip, maintain and improve recreation centres and playgrounds or to contribute to their establishment; and also, to enter into agreements with any school board, teaching establishment or religious authority to jointly establish, equip, maintain and improve recreation centres and playgrounds and determine the contributory share of each party to such agreements.

Any agreement contemplated in this paragraph may be made by resolution.

M.C. 1916, a. 410; 1946, c. 55, s. 7; 1975, c. 82, s. 26; 1983, c. 57, s. 18; 1988, c. 84, s. 700; 1996, c. 2, s. 304.

DIVISION XXIII INFRACTIONS OF MUNICIPAL BY-LAWS RELATING TO TRAFFIC, PARKING AND PUBLIC SAFETY

565. A local municipality may adopt, amend or repeal a by-law 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 article, 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.

1977, c. 18, s. 2; 1979, c. 36, s. 34; 1982, c. 63, s. 34; 1986, c. 91, s. 655; 1990, c. 4, s. 250; 1992, c. 27, s. 38; 1992, c. 61, s. 191.

566. (Repealed).

1979, c. 36, s. 35; 1990, c. 4, s. 251; 1992, c. 61, s. 192.

DIVISION XXIII.1 PARKING

1996, c. 27, s. 64.

566.1. Every local municipality may adopt, amend or repeal by-laws to regulate or prohibit the parking of vehicles on any land or in any building intended for parking and to determine the lands and buildings so regulated, after an agreement with the owners.

1985, c. 27, s. 49; 1996, c. 2, s. 455.

566.2. A local municipality may adopt, amend or repeal by-laws

(1)  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”;

(2)  to exempt any category of buildings it determines from the rules established under paragraph 1;

(3)  to prescribe that any contravention of the parking prohibition prescribed under paragraph 1 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.

1986, c. 32, s. 4; 1996, c. 2, s. 305.

566.3. Every local municipality may, by by-law, 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 prescribe other conditions which may vary according to the streets, groups or combinations of streets and groups.

1996, c. 27, s. 65.

DIVISION XXIV SIDEWALKS, CROSSINGS AND UNDERGROUND DRAINS

567. Every local municipality may make, amend or repeal by-laws for the making and maintaining at its expense, wholly or in part, of sidewalks, crossings or underground drains.

Article 802 applies, with the necessary modifications, when a by-law has been passed under this article.

M.C. 1916, a. 411; 1996, c. 2, s. 455.

567.1. Every local municipality may make, amend or repeal by-laws to provide for and regulate the construction and use of cycle lanes or pedestrian paths.

1985, c. 27, s. 50; 1996, c. 2, s. 455.

568. Every local municipality may also make, amend or repeal by-laws:

(1)  to oblige the owners of lands situated on roads belonging to trustees of turnpike roads, on municipal or other roads, or on public places, in the whole territory of the municipality or in any part thereof, to make and maintain on such roads or public places, adjacent to their respective properties, sidewalks of wood, stone or other material decided upon;

(2)  to oblige such owners to make and maintain underground drains in front of their respective properties as well as crossings to communicate from one side of the street or road to the other;

(3)  to determine the manner in which such sidewalks, crossings or drains must be made or maintained; and even to construct them at the expense of the municipality, in conformity with article 567, or by apportionment upon any part of the territory of the municipality.

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;

(4)  to have the sidewalks cleared of snow and levy the cost thereof in conformity with subarticle 2 of article 752.

M.C. 1916, a. 412; 1978, c. 7, s. 81; 1979, c. 36, s. 36; 1996, c. 2, s. 306.

DIVISION XXV INTERMUNICIPAL AGREEMENTS

§ 1 . — Agreement

569. Every local 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.

1968, c. 86, s. 33; 1969, c. 82, s. 9; 1979, c. 83, s. 2; 1982, c. 63, s. 35; 1983, c. 57, s. 19; 1984, c. 38, s. 59; 1992, c. 65, s. 29; 1996, c. 2, s. 455; 1996, c. 27, s. 66; 1998, c. 31, s. 42.

569.1. (Repealed).

1985, c. 27, s. 51; 1986, c. 32, s. 5.

570. The agreement mentioned in article 579 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 article 579.

1979, c. 83, s. 2; 1994, c. 33, s. 30; 1996, c. 27, s. 67; 1999, c. 43, s. 13.

571. (Repealed).

1979, c. 83, s. 2; 1996, c. 27, s. 68.

572. The agreement must include:

(1)  a detailed description of its object;

(2)  the mode of operation, determined in accordance with article 576;

(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 article 574, 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. 2; 1996, c. 2, s. 455.

573. 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. 2; 1996, c. 2, s. 455.

574. 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. 2; 1996, c. 2, s. 455.

575. 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 article 574.

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. 2; 1996, c. 2, s. 455.

576. 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. 2; 1996, c. 2, s. 455; 1998, c. 31, s. 43.

577. In the case of the supply of services or delegation of jurisdiction, the agreement may provide for the creation of a 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. 2; 1996, c. 2, s. 455.

578. 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.

Where the municipality to which the jurisdiction is delegated is a regional county municipality, it shall have, for the purposes of the agreement, all the powers of every local municipality having delegated its jurisdiction, except that of making by-laws or imposing taxes.

A regional county municipality referred to in the second paragraph may, however, pass any by-law that may be passed by a local municipality, required for the acquisition, establishment or operation of a property or service or for the carrying out of work provided for in the agreement.

1979, c. 83, s. 2; 1987, c. 102, s. 42; 1994, c. 33, s. 31; 1995, c. 34, s. 37; 1996, c. 2, s. 307; 1998, c. 31, s. 44; 2001, c. 25, s. 47.

§ 2 . — Intermunicipal management board

579. Where the agreement provides for the establishment of an intermunicipal management board, in addition to the particulars mentioned in article 572 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. 2; 1996, c. 2, s. 455.

580. Where an agreement mentioned in article 579 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. 2; 1990, c. 85, s. 117; 1994, c. 33, s. 32; 1999, c. 43, s. 13.

581. The management board is a legal person.

It is composed of the members of the board of directors.

1979, c. 83, s. 2; 1999, c. 40, s. 60.

582. The function of the management board is to carry out the object of the agreement.

1979, c. 83, s. 2.

583. 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. 2.

584. The board has jurisdiction in the territory of the municipalities that are parties to the agreement.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

585. 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. 2; 1996, c. 2, s. 455.

586. At the first meeting, held within 60 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. 2.

587. 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. 2.

588. A majority of the members of the board of directors is a quorum thereof.

1979, c. 83, s. 2.

589. Decisions of the board of directors are taken by a majority of the votes.

1979, c. 83, s. 2.

590. 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 under 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. 2; 1987, c. 57, s. 756.

591. (Repealed).

1979, c. 83, s. 2; 1987, c. 57, s. 757.

592. 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, such a person does 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. 2; 1987, c. 57, s. 758; 1989, c. 56, s. 8.

593. 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 remits it to the board of directors at the next meeting.

1979, c. 83, s. 2.

594. Any vacancy on the board of directors must be filled within 30 days.

1979, c. 83, s. 2.

595. 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. 2; 1982, c. 63, s. 36; 1996, c. 27, s. 69.

596. The board of directors shall appoint, whenever it deems it advisable, any officer or employee it considers necessary for the operation of the management board.

1979, c. 83, s. 2; 1984, c. 38, s. 60.

597. The board of directors has its meetings at such times as it may determine by resolution.

It also meets at the written request of the chairman, or of one-third of its members, addressed to the secretary. The request must mention the subjects 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 must mention the subjects proposed for consideration.

1979, c. 83, s. 2.

598. The board of directors may make by-laws for its internal management.

1979, c. 83, s. 2.

599. 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 the person in charge of access to documents of the management board, constitute evidence of their content.

1979, c. 83, s. 2; 1987, c. 68, s. 45; 1999, c. 40, s. 60.

600. 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 access to documents of the management board must issue to any person applying therefor, copies or extracts of the documents referred to in the first paragraph.

1979, c. 83, s. 2; 1987, c. 68, s. 46.

601. 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. 2; 1982, c. 63, s. 37; 1984, c. 38, s. 61; 1994, c. 33, s. 33; 1995, c. 34, s. 38.

602. 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 whose territory it has jurisdiction. The expenses are apportioned in the manner prescribed in articles 573 to 575.

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. 2; 1996, c. 2, s. 455.

603. 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 article 622 applies, with the necessary modifications. The recourse provided by article 623 cannot be exercised in that case.

1979, c. 83, s. 2; 1982, c. 2, s. 16; 1996, c. 2, s. 455; 1996, c. 27, s. 70.

604. 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. 2.

605. 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. 2; 1996, c. 2, s. 455.

605.1. 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 article 535 or 538 must also be transmitted to the Minister of Transport within the time limit fixed under this article.

1985, c. 27, s. 52; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

606. 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 for purposes within its competence by notes, bonds or other securities.

1979, c. 83, s. 2; 1984, c. 38, s. 62; 1992, c. 27, s. 39; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

607. Once the by-law is passed, the secretary of the management board shall give 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 secretary-treasurer shall send a copy of the resolution to the secretary of the management board.

1979, c. 83, s. 2; 1984, c. 38, s. 63; 1996, c. 2, s. 455; 1996, c. 77, s. 28; 1999, c. 43, s. 13.

608. 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. 2; 1984, c. 38, s. 64; 1987, c. 57, s. 759; 1989, c. 69, s. 4; 1992, c. 27, s. 40; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

609. 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. 2; 1992, c. 27, s. 41; 1996, c. 2, s. 455.

610. 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. 2; 1992, c. 27, s. 42; 1994, c. 33, s. 34.

611. 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. 2; 1992, c. 27, s. 43; 1994, c. 33, s. 35; 1999, c. 40, s. 60.

612. Cheques issued by the management board must be signed by the chairman and the treasurer.

1979, c. 83, s. 2.

613. A signature may be printed, engraved or otherwise reproduced on a bond, note, debt security or cheque.

1979, c. 83, s. 2; 1992, c. 27, s. 44.

614. 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 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 article 574;

(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. 2; 1996, c. 2, s. 455; 1996, c. 27, s. 71; 1999, c. 59, s. 11.

614.1. 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. 7.

614.2. 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 article 614, 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 article 617.1.

2000, c. 19, s. 7.

614.3. Articles 606 to 608 apply, with the necessary modifications, to a by-law provided for in article 614.1.

2000, c. 19, s. 7.

614.4. 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 article 574.

2000, c. 19, s. 7.

614.5. 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. 7.

614.6. The sums allocated to a financial reserve established under article 614.1 must be invested in accordance with section 99 of the Cities and Towns Act (chapter C‐19).

2000, c. 19, s. 7.

615. 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. 2; 1988, c. 84, s. 705; 1996, c. 2, s. 455.

616. 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 article 979; or

(3)  by contracting a loan.

1979, c. 83, s. 2; 1996, c. 2, s. 308; 1998, c. 31, s. 45.

617. 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. 2; 1999, c. 43, s. 13.

617.1. 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, with the necessary modifications, to the tariff referred to in the first paragraph.

2000, c. 19, s. 8.

618. 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. 2; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

619. The management board is a municipality within the meaning of the articles of the Civil Code respecting investments presumed sound.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

620. Sections 29.3, 29.5 to 29.9.2, 71 to 72.3, 73.1, 73.2, 99, 105, the first paragraph of article 105.1, articles 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, sections 573 to 573.3.4, 573.5 to 573.10 and 604.6 to 604.13 of the Cities and Towns Act (chapter C‐19), 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), with the necessary modifications, apply to the management board.

For the purposes of section 477.2 of the Cities and Towns Act, the population of a management board shall consist of the combined population of all the municipalities that are parties to the agreement.

1979, c. 83, s. 2; 1982, c. 63, s. 38; 1983, c. 57, s. 20; 1984, c. 38, s. 65; 1985, c. 27, s. 53; 1986, c. 32, s. 6; 1988, c. 84, s. 705; 1992, c. 27, s. 45; 1996, c. 27, s. 72; 1996, c. 77, s. 29; 1997, c. 53, s. 14; 1999, c. 43, s. 13; 1999, c. 59, s. 12; 2000, c. 54, s. 11; 2001, c. 25, s. 48; 2001, c. 68, s. 32; 2002, c. 37, s. 100.

620.1. Notwithstanding article 620, in the case of a management board contemplated in article 535.6 or 538, section 473 of the Cities and Towns Act (chapter C-19) 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. 54; 1988, c. 76, s. 3; 1996, c. 2, s. 455; 1996, c. 27, s. 73.

621. 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. Articles 569 to 578, 622 and 623, 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. 2; 1996, c. 2, s. 455; 1997, c. 93, s. 79.

621.1. Management boards may enter into an agreement under which one management board provides services to the order 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.

Articles 569 to 578, 622 and 623, adapted as required, apply to any agreement entered into under the first paragraph.

1997, c. 93, s. 80.

§ 3 . — Miscellaneous provisions

622. 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. 2; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

623. 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 render 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.

1979, c. 83, s. 2; 1986, c. 73, s. 4; 1996, c. 2, s. 455; 1997, c. 43, s. 181.

624. The parties to an agreement contemplated by this Section 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 considered 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 article 580.

1982, c. 63, s. 39; 1994, c. 33, s. 36; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 1999, c. 43, s. 13.

DIVISION XXVI AIRPORTS

625. Every local municipality may, by by-law, construct and maintain, at the expense of the municipality, airports in its territory or outside its territory, acquire or lease any land necessary for such purpose and enter into agreements with any person respecting the leasing, operation and sale of the said airports.

1974, c. 81, s. 8; 1979, c. 83, s. 3; 1982, c. 63, s. 40; 1995, c. 34, s. 39; 1996, c. 2, s. 309; 1999, c. 40, s. 60.

DIVISION XXVI.1 PORTS

1996, c. 77, s. 30.

625.1. A local municipality may, by by-law, acquire, develop, maintain or manage a port within or outside its territory.

1996, c. 77, s. 30.

DIVISION XXVI.2 RAILWAY SIDINGS

1998, c. 31, s. 46.

625.2. A local municipality may acquire, develop, maintain or manage any railway siding to promote the economic development of the local municipality.

1998, c. 31, s. 46.

DIVISION XXVII TWINNING OF MUNICIPALITIES

1996, c. 2, s. 455.

626. Every local municipality may make, amend or repeal by-laws to authorize the making of agreements, on the conditions that it determines, in view of twinning the municipality with another municipality whose territory is situated in Québec or elsewhere.

1983, c. 57, s. 21; 1996, c. 2, s. 310.

DIVISION XXVIII MISCELLANEOUS POWERS

627. Every local municipality may make, amend or repeal by-laws:

(1)  to erect in its territory, if there is no house of detention situated therein, a lock-up house for the incarceration of persons sentenced to a term of imprisonment for not more than 30 days, under this Code or any by-law;

(2)  to oblige the proprietors and occupants of lands to fence the same along municipal roads;

(3)  to enclose, at its own expense, any land recognized as a public cemetery, and to undertake, for consideration, the up-keep of the cemetery;

(4)  to establish, regulate and maintain public drinking founts in the territory of the municipality;

(5)  to have trees planted along municipal roads and public places, at its expense, or at the expense of the ratepayers of a part only of the territory of the municipality; in the latter case, the by-law can be passed only after a petition to the council for such purpose, signed by the majority of the proprietors of property along the municipal roads or public places of the part of the territory of the municipality where the trees are to be planted;

(6)  to prevent any person from driving or riding faster than an ordinary trot on municipal roads, or any part thereof, on in public places;

(7)  to prescribe, for the purposes of traffic on municipal roads, the width of wheel tires of vehicles drawn by animals and the maximum weight of the loads that may be conveyed by means of such vehicles and to prescribe, for the purposes of winter traffic on such roads, the size of the vehicles, the manner in which harnessing is to be effected and the equipment that is to be used;

(8)  (paragraph repealed);

(9)  (paragraph repealed);

(10)  to regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the roads, and in public 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, where such is the case, upon payment of the fee determined by the by-law;

(11)  (paragraph repealed);

(12)  to regulate, restrict to certain zones and license the keeping of rooming-houses and boarding-houses, and determine, for the purposes of such by-law, the meaning of the terms “rooming-houses” and “boarding-houses”;

(13)  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 and other vehicles as dwellings or commercial establishments outside the grounds specially set apart for that 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 ;

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

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

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

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

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

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

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

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

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

M.C. 1916, a. 413; 1921, c. 48, s. 27; 1929, c. 91, s. 1; 1929, c. 92, s. 1; 1946, c. 55, s. 8; 1947, c. 77, s. 18; 1948, c. 49, s. 3; 1969, c. 21, s. 35; 1974, c. 81, s. 9; 1979, c. 36, s. 37; 1984, c. 47, s. 213; 1986, c. 95, s. 87; 1987, c. 57, s. 760; 1992, c. 21, s. 375; 1996, c. 2, s. 311; 1999, c. 40, s. 60; 2002, c. 37, s. 101.

627.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every local 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. 74; 1999, c. 43, s. 13; 2000, c. 56, s. 223.

627.1.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every local 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. 47; 1999, c. 40, s. 60; 2001, c. 6, s. 139; 2000, c. 56, s. 223.

627.1.2. A fund established under article 627.1.1 must be administered by the local 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. 47.

627.1.3. In addition to the sums provided for in article 14.16, 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. 47.

627.2. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every local 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. 15; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 48; 2000, c. 56, s. 223.

627.3. The local municipality shall make an annual contribution in support of the local development centre referred to in article 672.2 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, 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 local municipality referred to in article 627.2.

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.

1997, c. 53, s. 15; 1997, c. 93, s. 81; 1997, c. 91, s. 50; 1998, c. 31, s. 49.

DIVISION XXIX GENERAL PROVISIONS

628. Every local municipality may, moreover, make, amend or repeal, in the interest of the inhabitants of the territory of the municipality, any other by-law for any object of a local municipal nature only, not specially provided for by this Code.

M.C. 1916, a. 414; 1996, c. 2, s. 312.

629. (Repealed).

1928, c. 94, s. 15; 1982, c. 2, s. 17; 1982, c. 63, s. 41; 1986, c. 95, s. 88.

CHAPTER III OTHER BY-LAWS WITHIN THE JURISDICTION OF LOCAL MUNICIPALITIES

1996, c. 2, s. 455.

DIVISION I PUBLIC MARKETS

630. Every local municipality may, subject to the second paragraph of article 490, make, amend or repeal by-laws:

(1)  to establish, change, abolish or keep in order, public markets or market places, or to permit the establishment thereof; and to regulate the lease of stalls and stands therein, for the sale, or offering for sale, of every description of merchandise or products, or of any specific commodity;

(2)  to determine and define the respective duties and powers of employees of the municipality, of occupants of stalls in the public markets, and proprietors or occupants of private stalls, in the territory of the municipality;

(3)  to prohibit any person resident outside the territory of the municipality from selling or exposing for sale, in the territory, provisions, grain, products, or other merchandise, elsewhere than upon the municipality markets;

(4)  to prohibit any person residing in the territory of the municipality, from cutting up, retailing or weighing any meat, (beef, mutton, lamb, veal, pork, or salt beef,) for the sale thereof, or from exposing the same for sale, on any such markets, elsewhere than in a butcher’s stall or in a stall for the sale of salt provisions; provided that nothing contained in this paragraph shall be considered to prohibit the sale on such markets, by farmers or hunters, of any kind of meat or venison not cut up, or in quarters only, the whole without prejudice to anything contained in the Act respecting the conservation and development of wildlife (chapter C-61.1);

(5)  to prohibit or allow the sale, by residents or non-residents in the territory of the municipality, of any kind of fresh or unsalted fish, at such places in the territory as may be fixed upon; the whole without prejudice to anything contained in the laws relating to fishing;

(6)  to impose duties on all persons selling on the roads or on the markets or market-places of the municipality, any provisions, vegetables, butcher’s meat, poultry, grain, hay, straw, firewood, shingles or other articles;

(7)  to impose duties upon waggons, carts, sleighs, boats, canoes, and vehicles of all descriptions, in which articles are exposed for sale upon the markets, on the public roads or upon a beach;

(8)  to regulate the manner in which such waggons, carts, sleighs, boats, canoes or vehicles shall be placed on markets or market places, on the roads or upon a beach;

(9)  to restrict and make regulations affecting hucksters, or persons who purchase for the purpose of retailing articles brought into the territory of the municipality;

(10)  to determine whether articles brought into or produced in the territory of the municipality, to which no provision of law applies, must be sold by weight or measure.

M.C. 1916, a. 416; 1982, c. 2, s. 20; 1982, c. 63, s. 44; 1982, c. 64, s. 3; 1996, c. 2, s. 313; 1999, c. 40, s. 60.

DIVISION II HIGHWAYS AND SIDEWALKS

631. A local municipality may make, amend or repeal by-laws:

(1)  to prohibit the erection or cause the removal, at the expense of the owners or occupants, of any door-steps, stairs, porches, railings, balconies, buildings or other constructions which project beyond the line of the public road, or obstruct public communication, and to compel such owners or occupants to apply for the running of the line of the public highway before building;

(2)  to prohibit the throwing into any public road or lane of any sweepings, filth, dirty water or other ordure, and to order the removal thereof at the expense of the municipality or of those who caused such nuisances;

(3)  to compel the owner or occupant to remove snow and ice from the roofs of houses or other buildings erected on the public highway, and to order the removal thereof by the municipal inspector, at the expense of such owner or occupant who refuses or neglects to do so;

(4)  to prohibit the obstruction of sidewalks, roads and public places;

(5)  to cause the houses and lots situated on the roads in the territory of the municipality to be numbered; to give names to the streets and roads, and to alter the same;

(6)  to have the streets and sidewalks swept, watered and kept clean; and to have the snow removed from the said streets or sidewalks; the whole at the expense of the municipality or by apportionment upon any part of the territory of the municipality;

(7)  to determine the level, line and height of sidewalks, safety and division walls, upon public roads, whenever the council deems it expedient for the convenience, safety or benefit of the inhabitants of the territory of the municipality;

(8)  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 municipality 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 municipality, without the authorization of the Minister of Transport, avail itself of the provisions of this paragraph with respect to an immovable subject to a no-access servitude acquired by that Minister so as to cause it to be inoperative or to reduce its effect.

M.C. 1916, a. 417; 1982, c. 2, s. 21; 1982, c. 63, s. 45; 1996, c. 2, s. 314.

631.1. Every local municipality may adopt, amend or repeal by-laws to allow traffic to be diverted in streets in the territory of the municipality for the purposes of roadworks, including the removal and clearing of snow, and for any other reason of necessity or emergency, and to grant the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for those 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, namely to a garage, at the expense of the owner, with provision that the owner may resume possession of it only upon payment of the actual towing and storage costs.

1985, c. 27, s. 55; 1996, c. 2, s. 315.

DIVISION III PUBLIC HEALTH

632. A local municipality may make, amend or repeal by-laws:

(1)  to regulate the construction of privies and cellars, and the manner in which they shall be drained;

(2)  to compel all owners and occupants of lands on which there are stagnant waters, to drain or fill them up; and, in case of neglect or refusal on the part of such persons, to authorize the officers of the municipality to perform such work at their expense.

M.C. 1916, a. 418; 1982, c. 2, s. 22; 1982, c. 63, s. 46; 1996, c. 2, s. 455.

DIVISION IV PRECAUTIONS AGAINST FIRE

633. A local municipality may make, amend or repeal by-laws:

(1)  to oblige owners or occupants of houses or other buildings to provide themselves with a fixed number of fire-buckets, or with any other apparatus suitable for preventing accidents by fire, and to have ladders from the ground to the roofs of their houses, and thence to the ridge of the roof, and to order that such houses or buildings be not covered with shingles, unless a coat of cement or adhesive mortar, at least 1 cm in thickness, be placed upon the boarded roof, underneath the shingles, and between the two, under a penalty for each contravention of a fine, the amount whereof is fixed by the by-law;

(2)  to prevent any person from entering any cattle-shed, stable, piggery, barn or out-house with a light not enclosed in a lantern, or with a lighted cigar, cigarette or pipe, or from carrying any fire into the same without proper precaution;

(3)  to prevent any person from lighting or having any fire in any out-house, piggery, barn, shed or other building, unless such fire be placed in a chimney or in a metal stove connected with a chimney;

(4)  to prevent any person from carrying fire in or through any public road or way, or through any garden, yard or field, unless such fire is contained in a metal vessel;

(5)  to compel the owners or occupants of barns, hay-lofts or other buildings, containing combustible or inflammable materials, to keep the doors thereof closed;

(6)  to compel the owners or occupants of houses to have their chimneys swept; to determine the manner in which sweeping must be done, and the number of times such chimneys must be swept within a given period; and to appoint the chimney-sweepers to be employed;

(7)  to prevent the sale of any explosive substance after sunset;

(8)  to prevent or regulate the construction of furnaces for making charcoal;

(9)  to determine the manner in which ashes or quick-lime must be kept or stored;

(10)  to prohibit the erection of wooden buildings or fences in the whole territory of the municipality or in any part thereof;

(11)  to prohibit the erection in the territory of the municipality of manufactories or machinery propelled by steam or gasoline; to permit them upon certain conditions or to determine the places in such territory where they may be erected;

(12)  to prevent thefts and depredations at fires;

(13)  to authorize certain persons to blow up, destroy or pull down as many buildings as may be deemed necessary, to arrest the progress of a fire, saving recourse for any damages or indemnities payable by the municipality to the owners of such buildings.

In the absence of any by-law, the mayor may, in the course of a fire, exercise such power by giving a special authorization.

The municipality may always, even in the absence of any by-law or special authorization by the mayor to that effect, award and pay an indemnity to any person who has suffered loss or damage by the demolition of his buildings during a fire;

(14)  to regulate the conduct of every person present at a fire.

M.C. 1916, a. 419; 1982, c. 2, s. 23; 1982, c. 63, s. 47; 1984, c. 47, s. 213; 1996, c. 2, s. 316.

DIVISION V COMMERCIAL DEVELOPMENT CORPORATIONS

1997, c. 53, s. 16.

634. A local municipality may make, amend or repeal by-laws to 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 to provide for the establishment of an initiatives and development association having jurisdiction in that district.

For the purposes of this section, a place of business 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).

M.C. 1916, a. 420; 1968, c. 17, s. 95; 1982, c. 65, s. 1; 1993, c. 3, s. 107; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

635. 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.

1963 (1st sess.), c. 65, s. 7; 1968, c. 17, s. 96; 1969, c. 82, s. 10; 1982, c. 65, s. 1.

636. The association may be formed on the application of 10 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 article 652 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. 1; 1996, c. 2, s. 455.

637. Within 45 days of receipt of the application, the council shall order the secretary-treasurer 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. 1.

638. 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 request, 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. 1.

639. The secretary-treasurer 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 Section and of every pertinent by-law.

1982, c. 65, s. 1.

640. Subject to this section, 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. 1; 1987, c. 57, s. 761.

641. The place where the register is to be open must be situated in the district or at a distance of not over 2 kilometres from the perimeter of the district.

1982, c. 65, s. 1.

642. In no case may the register be open before the expiry of 15 days from the sending of the notice.

1982, c. 65, s. 1.

643. A ratepayer who has not received the notice from the secretary-treasurer 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. 1.

644. Not more than one signature may be registered for each place of business.

1982, c. 65, s. 1.

645. If a poll is to be held, the secretary-treasurer 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. 1.

646. 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. 1.

647. 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. 1; 1993, c. 48, s. 217; 1999, c. 40, s. 60.

648. The head office of the association must be situated in the territory of the municipality.

1982, c. 65, s. 1; 1996, c. 2, s. 456.

649. The secretary-treasurer 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 secretary-treasurer 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. 1, s. 3; 1993, c. 48, s. 218; 1999, c. 40, s. 60.

650. From the date of deposit, the association is a legal person.

1982, c. 65, s. 1; 1993, c. 48, s. 219; 1999, c. 40, s. 60.

650.1. Subject to article 650.2, articles 636 to 646, 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. 82.

650.2. If the petition for dissolution is approved, the secretary-treasurer 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. 82.

651. 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 Section and the by-law approved by the Inspector General of Financial Institutions.

1982, c. 65, s. 1, s. 3; 1993, c. 48, s. 220.

652. 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 approved by the Inspector General of Financial Institutions.

1982, c. 65, s. 1, s. 3; 1997, c. 93, s. 83.

653. 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. 1; 1993, c. 3, s. 109.

654. 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. 1, s. 3; 1993, c. 48, s. 221.

655. All the ratepayers having a place of business in the district are members of the association and, subject to article 656, have the right to vote at its meetings; they are entitled to one vote for each place of business.

1982, c. 65, s. 1.

656. 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. 1.

657. 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. 1; 1996, c. 2, s. 455; 1997, c. 93, s. 84.

658. 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. 1; 1993, c. 3, s. 110.

658.1. 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. 110.

659. The municipality may stand surety for the association as regards the repayment of a loan of the association.

The second and third paragraphs of article 9 apply in respect of such a surety.

1982, c. 65, s. 1; 1996, c. 27, s. 75.

660. 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. 1; 1993, c. 3, s. 111.

661. 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. 1; 1993, c. 3, s. 112.

662. 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. 1.

663. A ratepayer who begins to occupy a place of business in the district of an association during a fiscal period becomes a member and, in the case of an existing place of business, succeeds to the rights and obligations of the preceding occupant, who then ceases to be a member.

1982, c. 65, s. 1.

664. (Repealed).

1982, c. 65, s. 1; 1993, c. 3, s. 114.

665. An assessment ordered under this Section is deemed a special business tax for the purposes of its collection and the secretary-treasurer has all the powers vested in him in that respect by this Code 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. 1; 1993, c. 3, s. 115.

666. 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. 1.

667. Every application under article 666 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. 1; 1993, c. 3, s. 116.

668. Every application under article 666 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.

Articles 637 to 646, adapted as required, apply for the purposes of such consultation.

1982, c. 65, s. 1; 1993, c. 3, s. 116.

669. (Replaced).

1982, c. 65. s. 1; 1993, c. 3, s. 116.

670. 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 50.

1982, c. 65, s. 1.

671. 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. 1.

672. 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. 1; 1993, c. 3, s. 117.

673. 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 article 649, mutatis mutandis.

1982, c. 65, s. 1, s. 3.

674. The change takes effect from the date of deposit of the resolution.

1982, c. 65, s. 1; 1993, c. 48, s. 222.

675. 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 as derived from members’ assessments or an amount not greater than the maximum amount established by the by-law.

1982, c. 65, s. 1.

676. 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. 1.

677. The provisions of this section applicable to 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. 1; 1993, c. 3, s. 118; 1999, c. 40, s. 60.

CHAPTER IV CERTAIN BY-LAWS AND RESOLUTIONS THAT MAY BE MADE BY REGIONAL COUNTY MUNICIPALITIES

1996, c. 2, s. 317; 1996, c. 27, s. 76.

678. Every regional county municipality may make, amend or repeal by-laws or resolutions, as the case may be, upon each of the matters mentioned in articles 490 to 524, article 543, paragraph 2 of article 544, articles 557.1 and 557.2 and articles 569 to 626, and may exercise, for regional purposes, the general power to pass by-laws conferred by article 628.

Any regional county municipality may also make, amend or repeal by-laws or, as the case may be, resolutions for the creation of a limited partnership with a private-sector enterprise for the purpose of producing electric power by means of a hydro-electric power station with a generating capacity of 50 megawatts or less attributable to hydraulic power vested in the domain of the State. Articles 557.1 and 557.2 apply with the necessary modifications.

M.C. 1916, a. 422; 1952-53, c. 23, s. 4; 1985, c. 27, s. 56; 1987, c. 102, s. 43; 1996, c. 2, s. 318; 1996, c. 27, s. 77; 1996, c. 77, s. 31; 1998, c. 31, s. 50; 1999, c. 75, s. 37; 2000, c. 22, s. 60; 2000, c. 34, s. 261.

678.0.1. A regional county municipality may affirm its jurisdiction in respect of the local municipalities whose territory is included in its territory with respect to all or part of a field within their jurisdiction.

The resolution by which a regional county municipality affirms its jurisdiction with respect to the providing of a police service in whole or in part, must, in order to take effect, be approved by the Minister of Public Security.

1987, c. 102, s. 44; 1991, c. 32, s. 170; 1993, c. 65, s. 97; 1996, c. 2, s. 319; 1997, c. 93, s. 85; 1998, c. 31, s. 51.

678.0.2. The second and third paragraphs of article 10 and articles 10.1 to 10.3 apply, adapted as required.

The clerk or secretary-treasurer of any local municipality which adopts a resolution, under article 10.1 or 10.2, in order to become subject to or cease to be subject to the jurisdiction of the regional county municipality with respect to the providing of a police service in whole or in part, must transmit an authenticated copy of the resolution to the Minister of Public Security.

1987, c. 102, s. 44; 1991, c. 32, s. 171.

678.0.2.1. A regional county municipality may first request the Government to allow it to affirm its jurisdiction with respect to the management of social housing, and a local municipality may not express its disagreement in relation to the exercise by the regional county municipality of that jurisdiction under articles 678.0.2 and 10.1. The second paragraph of article 678.0.5 and articles 678.0.6 and 678.0.7 apply, with the necessary modifications, to the request made by the regional county municipality.

2002, c. 2, s. 19.

678.0.3. A regional county municipality which exercises a jurisdiction pursuant to article 678.0.1 shall have, for that purpose, all the powers of every municipality in respect of which it has affirmed its jurisdiction, except that of imposing taxes. The powers of the regional county municipality shall then exclude the exercise of that jurisdiction from the powers of such municipality. In that case, the regional county municipality shall be substituted in the rights and obligations of such municipality.

The by-laws, resolutions, procès-verbaux, collection rolls and other instruments of the municipality for which the regional county municipality is substituted, which are relevant to the jurisdiction exercised by the latter under article 678.0.1, remain in force until they are replaced or repealed.

Article 616 applies to the contribution of the municipality in respect of a jurisdiction exercised under article 678.0.1.

1987, c. 102, s. 44; 1996, c. 2, s. 320; 1998, c. 31, s. 52.

678.0.4. Where a municipality adopts a resolution pursuant to article 10.1 and article 678.0.2 after the regional county municipality has begun to exercise a jurisdiction under article 678.0.1, article 678.0.3 ceases to apply from the sending of the resolution by registered mail to the regional county municipality. The instruments of the regional county municipality which are relevant to that jurisdiction and applicable in the territory of the municipality or, as the case may be, applicable to the municipality or to persons in whose respect it exercises jurisdiction, remain in force until they are replaced or repealed.

1987, c. 102, s. 44; 1996, c. 2, s. 455; 1998, c. 31, s. 53.

678.0.5. The Government may, at the request of a regional county municipality designated as rural, allow it to affirm its jurisdiction with respect to residual materials management, local roads, the management of social housing or the transportation of handicapped persons in accordance with article 678.0.1, and a local municipality may not express its disagreement under articles 678.0.2 and 10.1.

The resolution making the request referred to in the first paragraph shall specify, among the matters and parts of matters mentioned therein, those to which the request applies and, where applicable, the name of the local municipalities in whose territory the jurisdiction will be exercised.

2001, c. 25, s. 49; 2001, c. 68, s. 33.

678.0.6. Where an order under article 678.0.5 is in force in respect of a regional county municipality, the council of that regional county municipality may not affirm its jurisdiction in respect of any of the matters or any of the municipalities covered by the order unless it affirms its jurisdiction in respect of all of such matters and municipalities covered thereunder, and articles 10.1 and 10.2 do not apply in respect of that affirmation of jurisdiction.

2001, c. 25, s. 49.

678.0.7. The Government may, at the request of the council of the regional county municipality, amend an order made pursuant to article 678.0.5.

However, only a regional county municipality having adopted a by-law under article 10.3 that is in force may make the request referred to in the first paragraph where the request concerns a local municipality’s becoming subject to a jurisdiction exercised by the regional county municipality to which it is not already subject or its ceasing to be subject to such a jurisdiction to which it is subject.

2001, c. 25, s. 49.

678.0.8. The Government may, at the request of the council of a regional county municipality designated as a rural regional county municipality, grant such regional county municipality jurisdiction with respect to

(1)  the elaboration of a cultural and heritage development policy;

(2)  the elaboration of a local tourism development policy;

(3)  the financing of the sums which, pursuant to the Act respecting the Société d’habitation du Québec (chapter S-8), must be paid by a municipality to its municipal housing bureau in respect of the low-rental housing dwellings referred to in article 1984 of the Civil Code and administered by the bureau;

(4)  the determination of the terms and conditions of the management and financing of equipment, infrastructures, services and activities designated as being of supralocal scope.

The order may contain any term or condition respecting the exercise of the jurisdiction granted. With respect to the matters referred to in subparagraphs 1 and 2 of the first paragraph, the order may establish the obligations which the local municipalities would be required to discharge for the purpose of implementing the policy adopted by the council of the regional county municipality, or may allow the council of the regional county municipality to establish those obligations. With respect to the matter referred to in subparagraph 4 of the first paragraph, the order may designate any equipment, infrastructure, service or activity mentioned in the request as being of supralocal scope.

2001, c. 25, s. 49.

678.0.9. The council of the regional county municipality may, in respect of a jurisdiction granted to it by an order under article 678.0.8, adopt the by-law provided for in article 10.3.

The Government may, at the request of the council of a regional county municipality, amend an order made pursuant to article 678.0.8. However, only a regional county municipality having adopted a by-law under article 10.3 that is in force may make such a request where the request concerns a local municipality’s becoming subject to a jurisdiction exercised by the regional county municipality to which it is not already subject or its ceasing to be subject to such a jurisdiction to which it is subject.

2001, c. 25, s. 49.

678.0.10. Every request to the Government under any of articles 678.0.5 and 678.0.7 to 678.0.9 shall be addressed to the Minister of Municipal Affairs and Greater Montréal.

The third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1) does not apply in respect of a jurisdiction exercised by a regional county municipality pursuant to article 678.0.5 or 678.0.8.

2001, c. 25, s. 49.

678.1. Notwithstanding sections 188 and 205 of the Act respecting land use planning and development (chapter A-19.1), where the council of a regional county municipality authorizes the making of an agreement in view of a twinning of municipalities, any municipality, whether or not governed by this Code, whose representative or the majority of whose representatives, as the case may be, does not give a favourable vote for the making of the agreement shall not share the expenses related to the twinning contemplated in the agreement and its representative is not authorized to take part in the deliberations and subsequent votes on the twinning.

The apportionment of the expenses related to the twinning is made in proportion to the standardized property value, within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F-2.1), of each municipality which, subject to the first paragraph, shares the expenses. The council of the regional county municipality may, however, determine by by-law another criterion of apportionment.

1985, c. 27, s. 57; 1986, c. 32, s. 7; 1991, c. 32, s. 172; 1993, c. 65, s. 98; 1997, c. 93, s. 86; 1999, c. 40, s. 60.

678.2. Every regional county municipality may make an agreement with Hydro-Québec under which the regional county municipality is entrusted with the management of any land designated in the agreement.

The agreement may contain any condition relating to its application. It may in particular provide that the regional county municipality may, subject to any act or contract concerning the land and any applicable Act or regulation, lease the land as lessor or entrust its operation to a third person and develop the land for purposes within the regional county municipality’s jurisdiction.

2001, c. 68, s. 34.

679. (Repealed).

1979, c. 36, s. 39; 1994, c. 33, s. 37; 1996, c. 2, s. 321.

680. (Repealed).

1982, c. 63, s. 48; 1994, c. 33, s. 38; 1996, c. 2, s. 321.

681. (1)  Every regional county municipality may amend or repeal by-laws to provide:

(a)  for the erection and maintenance of as many registry offices as there are registration divisions in the territory of the regional county municipality; and

(b)  for the erection and maintenance of a building for the Court of Québec if that court is established in the territory of the regional county municipality, and for furnishing the accessories necessary for holding such court.

(2)  (Subarticle repealed).

(3)  (Subarticle repealed).

(4)  (Subarticle repealed).

(5)  (Subarticle repealed).

(6)  (Subarticle repealed).

(7)  (Subarticle repealed).

M.C. 1916, a. 423; 1922 (2nd sess.), c. 84, s. 2; 1930, c. 106, s. 1; 1931, c. 19, s. 34; 1934, c. 83, s. 8; 1952-53, c. 29, s. 17, s. 20; 1965 (1st sess.), c. 17, s. 2; 1969, c. 21, s. 35; 1973, c. 27, s. 20; 1979, c. 72, s. 278; 1983, c. 57, s. 22; 1983, c. 40, s. 63; 1984, c. 38, s. 66; 1986, c. 32, s. 8; 1988, c. 21, s. 66; 1991, c. 29, s. 5; 1991, c. 32, s. 173; 1996, c. 2, s. 322.

682. (Repealed).

M.C. 1916, a. 424; 1996, c. 2, s. 323.

683. (Repealed).

M.C. 1916, a. 425; 1931, c. 19, s. 34; 1952-53, c. 29, s. 17, s. 20; 1965 (1st sess.), c. 17, s. 2; 1973, c. 27, s. 20; 1983, c. 40, s. 63; 1988, c. 21, s. 66; 1996, c. 2, s. 323.

684. (Repealed).

M.C. 1916, a. 426; 1996, c. 2, s. 323.

685. (Repealed).

M.C. 1916, a. 427; 1952-53, c. 29, s. 17, s. 20; 1988, c. 21, s. 66; 1996, c. 2, s. 323.

686. (Repealed).

M.C. 1916, a. 428; 1979, c. 36, s. 40; 1980, c. 11, s. 32; 1980, c. 16, s. 63; 1982, c. 63, s. 49; 1984, c. 27, s. 104.

687. (Repealed).

M.C. 1916, a. 429; 1919, c. 86, s. 1; 1925, c. 36, s. 10; 1986, c. 32, s. 9; 1996, c. 2, s. 324.

688. Every regional county municipality may, by by-law, determine the location of a regional park, whether or not it is the owner of the right of way of the park. Its secretary-treasurer shall, before the passage of the by-law, give notice and post it up in accordance with the fourth paragraph of article 445.

A regional county municipality designated as a rural regional county municipality may, in the by-law referred to in the first paragraph, mention the local municipalities that may not exercise the right of withdrawal granted by the third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1) in respect of the exercise of the function provided for in this article and in articles 688.1 to 688.4. If the by-law mentions a local municipality that exercised the right of withdrawal in respect of that function before the coming into force of the by-law, it must indicate the date on which the withdrawal ends. As of that date, the representative of the local municipality shall resume his or her participation in the deliberations of the council of the regional county municipality that concern the exercise of that function.

The by-law referred to in the first paragraph is without effect as regards third persons as long as the regional county municipality is not the owner of the right of way or has not made an agreement with the owner of the right of way or, in the case of land in the domain of the State, with the person having authority over the land, allowing it to operate the park.

For the purposes of this article and articles 688.1 to 688.4, a natural area or a corridor for recreational and sports activities is considered to be a park. Ville de Laval and Ville de Mirabel are considered to be regional county municipalities.

1972, c. 55, s. 144; 1975, c. 45, s. 26; 1977, c. 5, s. 14; 1983, c. 46, s. 97; 1990, c. 83, s. 252; 1993, c. 3, s. 120; 1997, c. 93, s. 87; 1999, c. 40, s. 60; 1999, c. 59, s. 13; 2002, c. 37, s. 102.

688.1. From the coming into force of a by-law under article 688, the regional county municipality may make an agreement with any person holding the right of ownership or any other right in respect of an immovable situated in the park concerned.

Such an agreement may provide

(1)  that the person retains his right for a given period or with certain restrictions;

(2)  that the person grants the regional county municipality a right of preemption;

(3)  that the person agrees not to make improvements or changes to the immovable except with the consent of the regional county municipality;

(4)  that the person agrees, in case of total or partial expropriation of his right, not to claim any indemnity by reason of an increase in the value of the immovable or right that could result from the establishment of the park or from improvements or changes made to the immovable.

The agreement may also contain any other condition relating to the use of the immovable or right.

1993, c. 3, s. 120.

688.2. The regional county municipality may, by by-law, in respect of the park concerned,

(1)  establish rules governing the protection and preservation of the natural environment and its elements;

(2)  determine the extent to which and the purposes for which the public is to be admitted;

(3)  prescribe the conditions on which a person may stay, travel or engage in an activity in the park and fix the charges he must pay;

(4)  prohibit or regulate the carrying and transport of firearms;

(5)  prohibit or regulate the use or parking of vehicles;

(6)  prohibit the transport and possession of animals or prescribe the conditions with which a person having custody of an animal must comply;

(7)  prohibit or regulate posting;

(8)  establish rules for maintaining peace and order and for ensuring the cleanliness of the premises and the well-being and tranquility of users;

(9)  prohibit certain recreational activities or prescribe conditions governing participation in such activities;

(10)  prohibit or regulate the operation of businesses;

(11)  determine cases where a person may be kept out or expelled;

(12)  determine the powers and obligations of the employees.

1993, c. 3, s. 120.

688.3. The regional county municipality may operate accommodation, catering or commercial establishments, or parking lots, in the park concerned for the benefit of users, or cause such establishments to be operated.

Where the regional county municipality operates or causes to be operated a parking lot, it may, by by-law, set a user fee.

Where the regional county municipality adopts, pursuant to paragraph 5 of article 688.2 or pursuant to the second paragraph of this article, a by-law relating to the parking of vehicles, article 565 shall apply, taking into account any necessary changes, with respect to any infraction of the by-law.

1993, c. 3, s. 120.

688.3.1. The regional county municipality may, by agreement, entrust to a non-profit organization constituted as a legal person the organization, management or operation of the park concerned, including the carrying out of work or the making of the necessary purchases for such purposes.

The regional county municipality may also, by agreement, entrust to that organization the exercise, on its behalf and on the conditions determined in the agreement, of any power provided for in article 688.1 or the first paragraph of article 688.3.

2002, c. 37, s. 103.

688.3.2. The regional county municipality may become surety for the organization referred to in article 688.3.1. However, the regional county municipality shall obtain the authorization of the Minister of Municipal Affairs and Greater Montréal to become surety for an obligation of more than $50,000.

Before giving the authorization, the Minister may order the regional county municipality to submit the resolution or by-law authorizing the surety to the approval of the persons qualified to vote in the local municipalities that must contribute to the payment of the expenditures relating to the regional park.

The Act respecting elections and referendums in municipalities (chapter E-2.2) applies, with the necessary modifications, to the approval referred to in the second paragraph.

The regional county municipality may also grant subsidies to the organization referred to in article 688.3.1.

2002, c. 37, s. 103.

688.3.3. Articles 935 to 936.3 and 938 to 938.4 apply, with the necessary modifications, to the non-profit organization in the carrying out of the agreement provided for in article 688.3.1.

The organization is deemed to be a regional county municipality for the purposes of the regulation made under article 938.0.1.

2002, c. 37, s. 103.

688.4. The regional county municipality, a local municipality, another regional county municipality or a metropolitan community may make an agreement with respect to parks in accordance with the provisions of Section XXV of Chapter II.

1993, c. 3, s. 120; 1996, c. 2, s. 325; 1996, c. 27, s. 78; 2000, c. 56, s. 218.

688.5. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), any 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 that the regional county municipality may make to the fund. The amount that a regional county municipality may commit under this article may not exceed $500 000.

The third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1) does not apply in respect of the by-law mentioned in the first paragraph.

1994, c. 33, s. 39; 1999, c. 43, s. 13.

688.6. (Repealed).

1994, c. 33, s. 39; 1997, c. 93, s. 88.

688.7. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every regional county municipality may, by by-law, establish a fund for the purpose of providing financial support for development operations on lands or forest resources in the domain of the State or private lands or forest resources situated in its territory.

1995, c. 20, s. 38; 1999, c. 40, s. 60; 2001, c. 6, s. 140.

688.8. A fund established under article 688.7 must be administered by the regional county municipality. The latter may, by by-law, delegate all or part of the administration of the fund to any person it designates.

1995, c. 20, s. 38.

688.9. In addition to the sums referred to in section 29.18 of the Cities and Towns Act (chapter C-19) and those referred to in article 14.16, the fund shall receive, in particular, the sums paid pursuant to a forest management contract entered into under Division II of Chapter IV of the Forest Act (chapter F-4.1).

1995, c. 20, s. 38.

688.10. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every 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. 17; 1997, c. 91, s. 48.

688.11. Every local municipality whose territory is included in that of the regional county municipality shall make an annual contribution in support of the local development centre referred to in article 688.10 by the payment of a sum the amount of which shall be determined by by-law of the regional county municipality 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 regional county municipality for a fiscal year, the amount of the sum required to be paid by each local 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 each local municipality is required to pay in the circumstance described in the second paragraph. The regulation may prescribe separate rules for all the local municipalities whose territory is included in the territory of each regional county municipality.

The sum shall be integrated into the aliquot share that the local municipality is required to pay to the regional county municipality under section 205.1 of the Act respecting land use planning and development (chapter A-19.1).

1997, c. 53, s. 17; 1997, c. 93, s. 89; 1997, c. 91, s. 50.

688.12. The third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1) does not apply in respect of a function of the regional county municipality provided for in article 688.10 or 688.11.

1997, c. 53, s. 17.

TITLE XV ANNULMENT OF BY-LAWS, RESOLUTIONS AND OTHER MUNICIPAL PROCEEDINGS

689. Any by-law, procès-verbal, roll, resolution or other ordinance of the municipality or act of municipal officers may be annulled, on the ground of illegality, with costs against the municipality.

M.C. 1916, a. 430; 1949, c. 59, s. 64; 1954-55, c. 50, s. 13; 1965 (1st sess.) c. 17, s. 2; 1979, c. 72, s. 279; 1988, c. 21, s. 66; 1996, c. 2, s. 326.

690. The suit for such annulment is instituted by motion according to the special rules of articles 763 to 773 of the Code of Civil Procedure (chapter C-25).

Any interested party is competent to take such proceedings.

A deposit of $50, as security for costs, must be made with the clerk of the court with the application; during the pendency of the suit, and upon motion to that effect, the deposit may be increased at the discretion of the court.

M.C. 1916, a. 431; 1965 (1st sess.), c. 80, a. 1; 1987, c. 57, s. 762; 1996, c. 5, s. 73.

691. The court may, by its judgment:

(1)  annul such by-law, procès-verbal, roll, resolution or other municipal proceeding, in whole or in part;

(2)  order the service of such judgment at the office of the municipality interested within a time which it must fix;

(3)  cause the same to be published in the manner prescribed for the publication of ordinances of the municipality.

An appeal lies from the judgment to the Court of Appeal.

The appeal must be brought within 30 days after the date of the judgment and be heard by preference over any other appeal, at the first term of the Court following the inscription.

Notwithstanding article 29 of the Code of Civil Procedure (chapter C‐25), the interlocutory judgments rendered in a suit to set aside a by-law, minutes, a roll, a resolution or another municipal proceeding under this Code are not subject to appeal; the party may, however, plead such judgments, which may then be reviewed at the same time as the judgment on the suit itself, if the latter judgment is appealed.

The judgment of the Court of Appeal is without appeal.

M.C. 1916, a. 432; 1982, c. 63, s. 50; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2000, c. 19, s. 9.

692. Subject to the Act respecting municipal taxation (chapter F-2.1), the right of recourse granted by article 689 is prescribed by three months from the passing of the act or proceeding attacked for cause of illegality or nullity.

M.C. 1916, a. 433; 1925, c. 88, s. 1; 1954-55, c. 50, s. 14; 1979, c. 72, s. 280.

TITLE XVI UNCLAIMED EFFECTS

693. 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 deemed to be abandoned and without an owner.

1979, c. 36, s. 41; 1974, c. 13, s. 36; 1985, c. 27, s. 58; 1992, c. 61, s. 193; 1992, c. 57, s. 487.

TITLE XVII REDEMPTION OF CONSTITUTED RENTS

694. Every municipality, on receipt of an application from at least 10 interested persons, calling upon it to redeem the constituted rents affecting lands in the territory of such municipality, must appoint a special superintendent to inquire into all the facts connected with the constituted rents in the territory of the municipality, to report to it, and, if necessary, to draw up a procès-verbal thereof, within such time as it shall specify.

M.C. 1916, a. 434; 1996, c. 2, s. 327; 1999, c. 40, s. 60.

695. The special superintendent, after taking the oath as such, must call, hold and preside over a public meeting of the ratepayers interested, on the day and at the hour and place fixed by him, and whereof he has given public notice.

The special superintendent may, at any time after the public meeting of the said ratepayers, proceed to their domiciles and apply to them for all the information he may require.

M.C. 1916, a. 435.

696. If the superintendent considers it possible for the municipality to procure the necessary moneys at the rate he fixes, to redeem the capital of the constituted rents due by the ratepayers of the municipality on the lands belonging to them in the territory thereof, he draws up a procès-verbal, according to the provisions hereinafter set forth; if he is of a contrary opinion, he must give the reasons for such opinion in his report.

M.C. 1916, a. 436; 1996, c. 2, s. 328.

697. The procès-verbal must state:

(1)  the name of every ratepayer, the capital of whose constituted rents is not redeemed;

(2)  the amount of yearly rent due by such ratepayer, and the description of the lot or lots liable for the payment of such rent;

(3)  the total amount needed for redeeming the capital of the rents due by the ratepayers mentioned in the procès-verbal, and for the payment of the cost of the procès-verbal and of the other proceedings for carrying out the same;

(4)  the name of an attorney, who may be the special superintendent himself, who shall offer to the person entitled thereto, and, if necessary, deposit the capital of the various rents mentioned in the procès-verbal;

(5)  the amount, number and date of payment of the instalments that each ratepayer shall pay every year to the municipality, to pay the interest and sinking fund on the bonds hereinafter mentioned.

None of such instalments imposed on a ratepayer shall exceed the amount of arrears of constituted rents previously paid by such ratepayer;

(6)  the amount and denomination of the municipal bonds which the municipality must issue for the purpose of redeeming the loan contracted under the procès-verbal; the conditions and time for the redemption of such bonds, and the establishment of a sinking fund, which must be at least 1%.

M.C. 1916, a. 437; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

698. The procès-verbal must specify the manner of collecting instalment imposed upon the ratepayers the capital of whose constituted rents is to be redeemed, and the remuneration of the officers appointed to make such collection.

M.C. 1916, a. 438.

699. The council may homologate such procès-verbal with or without amendments, or reject the same, provided public notice has been given by the secretary-treasurer of the municipality, of the place where and the time when such examination is to begin.

While the procès-verbal is under consideration, any member of the council may take part in the deliberations and vote, although interested in the procès-verbal.

M.C. 1916, a. 439; 1996, c. 2, s. 455.

700. Chapters I and II of Title XXVI (articles 1061 à 1090) apply to loans and bond issues under this Title.

M.C. 1916, a. 440.

701. The municipality is legally subrogated in all the rights conferred by law or otherwise upon the seigniors or other proprietors of constituted rents.

M.C. 1916, a. 441; 1992, c. 57, s. 488; 1996, c. 2, s. 455.

702. Every municipality is authorized to issue the necessary municipal bonds for procuring sufficient sums for the redemption of the capital of constituted rents in the territory thereof.

M.C. 1916, a. 442; 1996, c. 2, s. 329.

703. The instalments required for paying the interest and sinking fund of the capital of the bonds, are due only by the ratepayers interested in the redemption, and no tax may be imposed on taxable property which does not benefit by the redemption. Nevertheless, the municipality shall be responsible for the amount of the loan.

M.C. 1916, a. 443; 1996, c. 2, s. 455.

TITLE XVIII RETIREMENT PENSION FUNDS

704. A municipality may, by by-law, 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; grant subsidies for the establishment and maintenance of the plan; 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; 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 the first 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.

1977, c. 53, s. 34; 1986, c. 32, s. 10; 1989, c. 38, s. 270; 1996, c. 2, s. 330; 1999, c. 40, s. 60; 2001, c. 68, s. 35.

705. 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 article 704. 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 concerned must specify the terms and conditions of the integration.

1977, c. 53, s. 34; 1996, c. 27, s. 79.

706. 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 article, 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.

1977, c. 53, s. 34; 1986, c. 32, s. 11; 1987, c. 42, s. 7; 1989, c. 38, s. 271; 2001, c. 68, s. 36.

707. 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).

1977, c. 53, s. 34; 1986, c. 32, s. 12; 1989, c. 38, s. 272.

708. A municipality may, by by-law, subscribe on the life of all its officers and employees or on any special class of officers or employees determined in the by-law, insurance policies known as “group insurance” and pay, wholly or in part, the necessary premium out of the general fund of the municipality; pay, wholly or in part, on behalf of its officers and employees, out of the general fund of the municipality the premium necessary for any group insurance scheme relating to medical, surgical or hospital expenses for themselves and their dependants; pay, wholly or in part, out of the general fund of the municipality, for and for the benefit of its officers and employees, the premium necessary for any scheme of group salary insurance by reason of sickness or disability.

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, 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 concerned must specify the terms and conditions of the integration.

A municipality may, by by-law, take out liability insurance for the benefit of its officers and employees.

Every by-law adopted under this article may have effect retroactively to the effective date of the insurance policy or the amendment to it, as the case may be.

1977, c. 53, s. 34; 1982, c. 2, s. 24; 1992, c. 27, s. 46; 1996, c. 2, s. 331; 1996, c. 27, s. 80.

709. A municipality may, by by-law, provide for the redemption of the amount of sick days accumulated by its employees and officers.

1977, c. 53, s. 34; 1996, c. 2, s. 332.

710. A regional county municipality and a local municipality whose territory is included in that of the regional county municipality may sign an agreement to enable the regional county municipality, on the conditions mentioned therein, to establish and maintain, in conformity with this Title, a retirement pension fund for the benefit of the officers and employees of the local municipality.

The parties to an agreement contemplated by this article may provide therein that any other local municipality whose territory forms part of that of the regional county 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. Subject to the Supplemental Pension Plans Act (chapter R-15.1), such conditions are effective notwithstanding any inconsistent provision of any general law or special Act.

A local 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 to each party to the agreement a copy of the resolution and, where applicable, a statement of the conditions of eligibility not determined in the agreement.

The agreement and, if such is the case, the by-law contemplated in article 704, are then deemed amended accordingly.

1979, c. 36, s. 42; 1982, c. 63, s. 51; 1987, c. 42, s. 8; 1989, c. 38, s. 273; 1995, c. 34, s. 40; 1996, c. 2, s. 333; 1996, c. 27, s. 81.

711. The members of the council of a municipality, as long as they remain in office, may, on the same conditions as those applicable to the officers and employees mentioned in article 708, participate in the group insurance and liability insurance taken out by the municipality pursuant to that article.

1980, c. 16, s. 64; 1982, c. 2, s. 25; 1996, c. 2, s. 334.

711.1. However, the council of a municipality may exercise its powers under articles 704 to 706, 708 and 709 by resolution.

1992, c. 27, s. 47; 1996, c. 27, s. 82.

TITLE XVIII.1 DAMAGE INSURANCE

1992, c. 27, s. 47.

711.2. Local 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 Title, the word “municipality” means any municipality, by whatever law governed.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 1999, c. 90, s. 7.

711.3. The council of each of the applicant municipalities must adopt a by-law whereby it approves the agreement referred to in article 711.4 and authorizes the filing of the application.

1992, c. 27, s. 47.

711.4. 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 article 711.11.

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. 47; 1993, c. 48, s. 223; 1999, c. 40, s. 60.

711.5. 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. 47.

711.6. The Minister or 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. 47.

711.7. 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 a constitution 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. 47; 1993, c. 48, s. 224; 1999, c. 40, s. 60.

711.8. Upon the issuance of the letters patent, the legal person is constituted.

1992, c. 27, s. 47; 1999, c. 40, s. 60.

711.9. 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 article 711.7 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. 47; 1999, c. 40, s. 60.

711.10. 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.

1992, c. 27, s. 47.

711.10.1. 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. 226; 1999, c. 40, s. 60.

711.11. 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. 47; 1999, c. 40, s. 60.

711.12. A legal person may invest its moneys in accordance with the rules contained in the Civil Code as regards investments presumed sound. It may also invest its moneys in accordance with the second paragraph of article 203 of this Code or paragraph d of section 245.0.1 of the Act respecting insurance (chapter A-32).

1992, c. 27, s. 47; 1999, c. 40, s. 60.

711.13. 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. 47; 1999, c. 40, s. 60.

711.14. 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. 47; 1997, c. 43, s. 182; 1999, c. 40, s. 60.

711.15. Any municipality may, by a by-law which requires only the approval of the Minister, order a loan to provide for the payment of a contribution.

1992, c. 27, s. 47.

711.16. 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 article also applies in cases of expulsion of a member of the legal person.

1992, c. 27, s. 47; 1993, c. 48, s. 227; 1999, c. 40, s. 60.

711.17. The voluntary winding-up of a legal person must be authorized by the Minister.

1992, c. 27, s. 47; 1999, c. 40, s. 60.

711.18. 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. 47; 1999, c. 40, s. 60.

711.19. The Minister must, between 23 June 1996 and 23 June 1997, report to the Government on the application of the provisions of this Title.

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. 47.

TITLE XVIII.2 PROTECTION AGAINST CERTAIN FINANCIAL LOSSES RELATED TO THE PERFORMANCE OF MUNICIPAL DUTIES

1996, c. 27, s. 83.

711.19.1. 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 Title,

(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. 83.

711.19.2. The person for whom the municipality is required to incur expenses under article 711.19.1 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 pursuant to the second paragraph.

1996, c. 27, s. 83.

711.19.3. For the purpose of determining whether the justification provided for in the third paragraph of article 711.19.2 exists, the following objectives shall be considered and weighed one against the other:

(1)  the person referred to in article 711.19.1 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. 83.

711.19.4. Where the municipality’s right to obtain the reimbursement requested under the first paragraph of article 711.19.2 is contested, article 711.19.1, 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 article 711.19.2 in respect of all or part of the expenses to be incurred by the municipality for the purposes of the first paragraph of this article, as if the grounds for the recourse were the same as those for the original proceedings referred to in article 711.19.1.

The court before which the original proceedings referred to in article 711.19.1 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 article 711.19.2 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. 83.

711.19.5. 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. 83.

711.19.6. 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 member of the council, 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. 83.

711.19.7. Any benefit provided by a municipality to or in respect of a person under a provision of this Title 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 member of the council 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. 83.

711.19.8. 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 Title, the latter provision shall prevail.

1996, c. 27, s. 83.

TITLE XIX ROADS, BRIDGES AND WATERCOURSES

CHAPTER 0.1 MANAGEMENT OF MUNICIPAL ROADS

1992, c. 54, s. 63.

711.20. This chapter applies to a road, including a front road, which is the property of a municipality and is not under the management of the Minister of Transport.

For the purposes of this chapter, a road includes its infrastructure and all the works and installations needed for its improvement and management.

1992, c. 54, s. 63.

711.21. Subject to any agreement, each local municipality is responsible for the management of any road or part 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. 63.

711.22. 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. 63.

711.23. If the municipalities fail to enter into an agreement under article 711.22, 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. 63.

711.24. Where a request under article 711.23 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 article 711.21, 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 considered to be an agreement. Such a decision retains its effect until the coming into force of an agreement entered into by the municipalities under article 711.22.

1992, c. 54, s. 63; 1999, c. 40, s. 60.

711.25. This chapter has precedence over any contrary provision of this Code.

1992, c. 54, s. 63.

CHAPTER I PROVISIONS COMMON TO ROADS, BRIDGES AND WATERCOURSES

RESPONSIBILITY FOR THEIR MAINTENANCE AND THAT OF SIDEWALKS

712. Municipal roads and bridges are local roads and bridges.

Municipal watercourses are either local or regional watercourses.

M.C. 1916, a. 444; 1996, c. 2, s. 335.

713. Until otherwise provided for under article 715 or 716:

(1)  local watercourses are those which are wholly situated in the territory of one local municipality;

(2)  regional watercourses are those which divide local municipal territories or which are situated in more than one such territory.

A local watercourse is under the jurisdiction of the local municipality in whose territory it is situated, except local watercourses situated in the territory of a regional county municipality designated as a rural regional county municipality which are under the jurisdiction of the regional county municipality. A regional watercourse is under the jurisdiction of the regional county municipality in whose territory it is situated; however, where the local municipal territories that are divided or linked by a regional watercourse form part of the territories of two or more regional county municipalities, the watercourse is under the joint jurisdiction of all such regional county municipalities.

Only a municipality governed by the Cities and Towns Act (chapter C-19) whose territory does not include any regional watercourse and is not bounded by any such watercourse may exercise, in respect of the powers of the regional county municipality relating to regional watercourses, the right of withdrawal provided for in the third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1). However, in a regional county municipality designated as a rural regional county municipality, no local municipality may exercise such right of withdrawal in respect of those powers.

For the purposes of this Title, a watercourse is deemed to belong to any municipality having jurisdiction in respect of the watercourse.

For the purposes of this article and of articles 714 to 724, “municipality” and “local municipality” include a municipality governed by the Cities and Towns Act (chapter C-19).

M.C. 1916, a. 445; 1996, c. 2, s. 336; 2001, c. 25, s. 50.

714. Municipal roads, bridges and watercourses are under the control of the municipality to which they belong. The joint jurisdiction of several regional county municipalities over a watercourse is exercised through the board of delegates.

Moreover, all roads, bridges and watercourses are made and maintained under this Code, unless otherwise ordained by a special Act.

M.C. 1916, a. 446; 1996, c. 2, s. 337.

715. The regional county municipality may, by resolution, or in a procès-verbal, declare:

(1)  that a local watercourse in its territory is henceforth a regional watercourse;

(2)  that a regional watercourse under its exclusive jurisdiction is henceforth a local watercourse under the jurisdiction of the local municipality whose territory includes the watercourse or is bounded by it.

A regional county municipality, after having declared that a local watercourse is henceforth a regional watercourse, may, when occasion requires, determine by by-law or procès-verbal, which municipality is responsible for the maintenance of such watercourse, and may declare in such by-law or procès-verbal what proportion each municipality shall contribute.

M.C. 1916, a. 447; 1934, c. 83, s. 9; 1938, c. 103, s. 6; 1996, c. 2, s. 338.

716. The board of delegates may likewise, by resolution or in a procès-verbal, declare:

(1)  that a local watercourse situated in the territory of the regional county municipalities represented by the board is henceforth a regional watercourse under the joint jurisdiction of all such regional county municipalities;

(2)  that a regional watercourse under the exclusive jurisdiction of any of such regional county municipalities is henceforth under the joint jurisdiction of all such regional county municipalities;

(3)  that a regional watercourse under the joint jurisdiction of all such regional county municipalities is henceforth under the exclusive jurisdiction of any one of them;

(4)  that a regional watercourse under the joint jurisdiction of all such regional county municipalities is henceforth a local watercourse under the jurisdiction of the local municipality whose territory includes the watercourse or is bounded by it.

M.C. 1916, a. 448; 1996, c. 2, s. 339.

717. When the draining of one or more lands necessitates work both in Québec and in a neighbouring province, the Minister of Agriculture, Fisheries and Food, upon the application of the municipalities concerned, or of the neighbouring province, may, after an agreement with the latter, designate what work is to be done and order the execution thereof by the persons bound to do same, and, on their refusal to comply with the Minister’s order, may cause the work to be done at their cost if need be.

1930-31, c. 117, s. 1; 1962, c. 28, s. 22; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1996, c. 2, s. 340.

718. From the date of any declaration made under either article 715 ou 716, the work to be performed on any watercourse, with respect to which the resolution has been passed, is at the sole charge of the municipality responsible for the maintenance of the watercourse, until new provisions are made according to law.

M.C. 1916, a. 449; 1996, c. 2, s. 341.

719. No declaration as mentioned in article 715 or 716 can be made until after a public notice to that end has been given, and as soon as such declaration is made it must be immediately published in the territory of the municipalities interested in or affected by the procès-verbal, by-law or resolution.

M.C. 1916, a. 450; 1996, c. 2, s. 342.

720. (Repealed).

M.C. 1916, a. 451; 1930-31, c. 118, s. 1; 1996, c. 2, s. 343.

721. (Repealed).

1924, c. 86, s. 1; 1996, c. 2, s. 343.

722. The regional county municipality or the board of delegates possesses and exercises, in regard to any watercourse which is regional by law or by declaration, all the powers of a local municipality.

1930-31, c. 118, s. 2; 1996, c. 2, s. 344.

723. State lands are not liable to contribute work on municipal roads, bridges or watercourses; and the front roads of such lands are made and maintained as by-roads.

Nevertheless, occupants of State lands, with or without occupation licenses or location tickets, are liable for municipal work for the lots they occupy, in the same manner as the owner of any other land.

M.C. 1916, a. 452; 1999, c. 40, s. 60.

724. Every municipality is bound to have the roads, bridges, watercourses and sidewalks under its control maintained in the condition required by law, by the procès-verbaux, by the by-laws and by the deeds of agreement which govern them, under penalty of a fine of not more than $20 for each infraction thereof.

It is further responsible for any damage resulting from the non-execution of such procès-verbaux, by-laws, deeds of agreement or provisions of law, saving its recourse against the ratepayers or officers in default, as the case may be.

It is not responsible for damage suffered by any person motoring on an earth road or a road maintained during winter to permit free passage of motor vehicles and other vehicles.

If the watercourse is under the control of several regional county municipalities, such municipalities are solidarily liable for the maintenance of such watercourse in the required condition, under the same penalties and responsibilities.

No action in damages may be taken against any such municipality, without 15 days’ written notice of such action being given to the secretary-treasurer of the municipality, nor unless it be instituted within six months from the date at which the cause of action arose. Such notice may be given by registered or certified letter, and must give the name and residence of the claimant, as well as the nature of the damage for which damages are claimed, and must be given within 60 days of the date at which the cause of action arose.

Nevertheless, if the municipality repairs such road, bridge, watercourse or sidewalk before the expiration of the time mentioned in the notice, it cannot be prosecuted for the offence, but it is responsible for the costs of the notice.

If all the municipal roads, bridges, watercourses or sidewalks, or a portion thereof, at the charge and expense of the ratepayers and situated in the territory of a local municipality, are put at the charge and expense of the municipality under this Code or otherwise, all the obligations imposed upon the ratepayers in respect to such roads, bridges, watercourses or sidewalks, or any part thereof, even before such change, are assumed by the municipality.

M.C. 1916, a. 453; 1921, c. 107, s. 1; 1922 (1st sess.), c. 102, s. 1; 1941, c. 70, s. 1; 1952-53, c. 23, s. 5; 1975, c. 83, s. 84; 1990, c. 4, s. 252; 1996, c. 2, s. 345; 1999, c. 40, s. 60.

725. 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.

1935, c. 47, s. 3; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

725.1. 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. 64.

725.2. The municipality is not liable for damage resulting from the absence of a fence between the right of way of a road or of a front road and contiguous land.

1992, c. 54, s. 64; 1994, c. 33, s. 40.

725.3. 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. 64; 1994, c. 33, s. 41; 1998, c. 35, s. 23.

725.4. Nothing in articles 725.1 to 725.3 is intended to reduce the scope of the exoneration provided for in the third paragraph of article 724 or in article 725.

1992, c. 54, s. 64.

CHAPTER II PROVISIONS SPECIALLY APPLICABLE TO ROADS

DIVISION I MISCELLANEOUS

726. Rural roads are classed as:

(1)  earth roads;

(2)  gravel roads;

(3)  macadamized roads.

M.C. 1916, a. 454.

727. Earth roads are such as have not been covered with a coating of gravel or macadam.

M.C. 1916, a. 455.

728. A road is classed as a gravel road when it has received a uniform coating of not less than 22 cm of gravel for its whole length, and for a width of at least 2 m, after having the road-bed specially prepared.

M.C. 1916, a. 456; 1984, c. 47, s. 213.

729. A road is classed as a macadamized road when, instead of gravel, stone broken by a stone-crusher is used, and when the stone has been crowned up and so packed as to form a sort of concrete impervious to rain water.

M.C. 1916, a. 457.

730. All municipal roads are either front roads or by-roads.

Front roads are those whose general course is across the lots in any range, and which do not lead from one range to another in front or in rear thereof.

All other municipal roads are by-roads.

M.C. 1916, a. 458; 1996, c. 2, s. 346.

731. Every front road passing between two ranges is the front road of both ranges, unless such road is, by resolution of the council under whose jurisdiction it is situate, declared to be the front road of one of such ranges.

M.C. 1916, a. 459; 1996, c. 2, s. 347.

732. The front road of a lot includes every portion of such road which crosses such lot throughout its breadth, or upon which such lot borders at one or other of its extremities.

Whenever a road is the front road of two ranges, the exact half of such road, adjacent to each lot, is the front road of such lot.

If the front road of two ranges in any part of its length is diverted, owing to natural obstacles, in such manner that the part of the road so diverted is no longer adjacent to the lots of one of the ranges, the council of the municipality may, by by-law or procès-verbal, declare that such part of the road, so diverted, is the front road of the two ranges and must be maintained by the owners of the lots of both ranges, in the proportion determined by the by-law or procès-verbal.

M.C. 1916, a. 460; 1922 (1st sess.), c. 103, s. 1; 1982, c. 2, s. 26; 1996, c. 2, s. 348.

733. Any procès-verbal or any by-law respecting municipal roads may declare that any new road, or any road already designated or recognized as a by-road, shall for the future be a front road, or that any new road, or any road already designated or recongnized as a front road, shall for the future be a by-road.

Every declaration constituting any road whatsoever a front road must, at the same time, set forth the lot of which such road is the front road.

M.C. 1916, a. 461.

734. In the case of a road which is the front road of two ranges, the municipality may pass a by-law or procès-verbal to divide such road across for the purpose of maintenance, so that each owner or occupant of land shall keep the whole width of the road upon one-half of the breadth of his land, except in cases where the nature of the soil or other obstacles shall render such division unjust; and, in default of agreement between the parties interested respecting such division, the municipal inspector, upon application of one of the parties, must himself make the division.

M.C. 1916, a. 462; 1996, c. 2, s. 455.

735. Any municipality may, at its own expense, with moneys levied by direct taxation on all taxable immovable property in the territory of the municipality, or at the expense of anyone liable for such work, have any ford levelled or cleared, or may pave, gravel, macadamize or plank any road or part of a road under its control.

As regards the up-keep and maintenance of a macadamized road which comes under the control of a municipality, the municipality, upon application to that effect, may, by resolution or by-law, order that such road shall be kept up and maintained as a macadamized road, and that the work of keeping up such road shall be done by the ratepayers themselves, as indicated in the resolution or by-law, or at their expense, or at the charge and expense of the municipality interested, with moneys levied by direct taxation on all taxable immovable property in the territory of the municipality, but, in every case, under the control of the municipality in whose territory the road in question is situated.

M.C. 1916, a. 463; 1996, c. 2, s. 349.

736. Lands or passages used as roads by the mere permission of the owner or occupant, are municipal roads, if they are fenced on either side, or otherwise divided off from the remaining land, and are not habitually kept closed at their extremities; but the ownership of the land, and the obligation of maintenance, remain, in all cases, with the owner, unless otherwise provided under article 801.

The municipality having jurisdiction over such roads may, by resolution, order the owner or occupant to close the same by means of fences or gates, under penalty of a fine of $20 for each day he may neglect or refuse to execute such order.

M.C. 1916, a. 464; 1996, c. 2, s. 350.

737. (1)  Public roads under the control of the Government of Canada or the Gouvernement du Québec, and turnpike roads governed under letters patent or special Acts, or under the law respecting companies for the construction of roads, do not fall under the direction and control of municipalities.

(2)  Roads and bridges built by the Gouvernement du Québec in the territory of a local municipality are at the charge of the local municipality, in the same manner as all other roads and bridges.

(3)  (Subarticle repealed).

M.C. 1916, a. 465; 1962, c. 28, s. 1; 1972, c. 54, s. 17; 1992, c. 54, s. 65; 1996, c. 2, s. 351.

738. The land occupied by any municipal road belongs to the municipality having control of such road, and cannot in any manner be alienated, so long as it is used for such purpose.

This article does not apply to the land occupied by a road which leads solely to a ferry or toll-bridge, and which is maintained at the expense of the proprietor of such ferry or toll-bridge.

M.C. 1916, a. 466; 1996, c. 2, s. 455.

738.1. To determine the site of land that belongs to the municipality under article 738, the council shall approve by resolution the description of the land prepared by a land surveyor according to the cadastre in force.

A copy of the description, certified by a land surveyor, must be deposited in the office of the secretary-treasurer of the municipality and in the registry office of the registration division in which the land concerned is located.

2001, c. 68, s. 37; 2002, c. 37, s. 104.

738.2. The secretary-treasurer shall cause to be published twice, in a newspaper circulated in the territory of the municipality, a notice

(1)  identifying the land that is the subject of a resolution referred to in article 738.1, using the name of the road or street concerned wherever possible;

(2)  identifying the resolution approving the description of the land and mentioning its date and the date of the filing of the description at the registry office and the fact that the site of the land is determined pursuant to that description;

(3)  mentioning that the real rights which could be asserted by any person in the land forming the subject of the notice are extinguished, that any such person may claim an indemnity as compensation for the extinction from the municipality and that failing an agreement with the municipality, the amount of the indemnity will be fixed by the Administrative Tribunal of Québec in accordance with the Expropriation Act (chapter E-24).

The second publication must be made after the sixtieth and not later than the ninetieth day following the first.

2001, c. 68, s. 37.

738.3. Every real right which could be asserted by a person in a part of land that is the subject of a description referred to in article 738.1 is extinguished as of the filing of the description at the registry office in accordance with that article.

The holder of a real right extinguished under the first paragraph may, however, claim an indemnity as compensation for the extinction from the municipality. Failing an agreement, the amount of the indemnity shall be fixed by the Administrative Tribunal of Québec on the application of the person claiming the indemnity or the municipality, and sections 58 to 68 of the Expropriation Act (chapter E-24) apply, with the necessary modifications.

The right to the indemnity under the second paragraph is prescribed three years after the second publication made in accordance with article 738.2.

2001, c. 68, s. 37.

739. The local municipality may alienate, even gratuitously, the right of way of a road no longer in use or re-use it for any purpose coming under its jurisdiction.

Where the value of the right of way that alienated gratuitously is greater than the amount mentioned in paragraph 1.1 of article 6, the alienation shall, notwithstanding its gratuitous character, 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.

M.C. 1916, a. 467; 1996, c. 27, s. 84.

740. Municipal roads which existed on 2 November 1871, may retain the width which they now have, although such width be less than required by the law under which such roads were established.

M.C. 1916, a. 469; 1944, c. 46, s. 5.

741. Every road must have, if required, on each side thereof, a ditch properly made, of sufficient width and with sufficient fall to carry off the water from the road and from the adjoining lands, and as many small drains as are necessary, communicating from one ditch to the other.

M.C. 1916, a. 470.

742. If, in order to carry off the water from any road, it is necessary to make any watercourse or ditch upon the lands bordering upon such road, such watercourse or ditch is regulated in accordance with article 852, and is constructed and kept in repair, either by the persons liable for road work upon such road, or at their expense, or by the owners or occupants of the lands the water wherefrom flows off or should flow off by such watercourse or ditch, according as it is provided in the procès-verbal, conformably to article 792, or at the expense of the municipality.

M.C. 1916, a. 471; 1996, c. 2, s. 455.

743. Ditches, small drains and bridges form part of the municipal roads on which they are situated.

Pits, precipices, deep waters and other dangerous places, which must be filled up or protected in such manner as to prevent accidents, likewise form part of the roads on which they are situated.

The municipality may, however, order that the work shall be done in whole or in part at the expense of the owners of immovables situated in the whole territory of the municipality or in any part thereof.

M.C. 1916, a. 472; 1996, c. 2, s. 352.

744. The fence dividing the land of a private individual from a municipal road, the maintenance of which is at the expense of the municipality, shall be deemed a boundary fence as between the owner or occupant of such private land and the municipality, saving the case of an express provision to the contrary in a by-law or a procès-verbal.

This article does not apply to a fence dividing a front road from any lot, which fence, when required, remains at the expense of the owner or occupant of the lot; but the establishment of a front road between two ranges in no manner alters the obligations of neighbors, when such road is solely at the charge of one of such ranges.

Nevertheless, when the front road of a range is situated, in whole or in part, in another range, the proprietors of the range of which it is the front road are none the less bound to keep it in order.

Notwithstanding this article, fences are always subject to the regulation authorized by articles 521, 522 and 627.

M.C. 1916, a. 473; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

745. Upon any road which runs along the line of any lot, one-half of the fence which separates such road from the lot, forms part of the work to be done upon such road.

If, however, a by-road divides a lot into two portions, the owner of such lot is not obliged to put up more fencing along such by-road than he was before the establishment thereof; the surplus fencing forms part of the work on the by-road.

The proportions of the amount of the fencing to be put up on such roads or by-roads in default of provision therefor in any procès-verbal or by-law, as the case may be, are determined by the municipal inspector, in such a manner that the position of the neighboring proprietor shall not be more onerous than it was before the establishment of such road or by-road.

M.C. 1916, a. 474.

746. Every fence required on any municipal road must be well made, and kept in good order according to law.

M.C. 1916, a. 475.

747. Fords form part of the municipal roads with which they are connected. If a ford unites two different roads, one half of the ford forms part of the road to which it is adjacent.

They must be marked out with balizes (guide-poles) and kept at all times free from loose stones and other impediments; and the bottom thereof must be kept as smooth and even as practicable.

M.C. 1916, a. 476.

748. Shrubbery and weeds, such as daisies, thistles, wild endive, chicory, celandine, orange hawk-weed (paint-brush), and other plants considered noxious, growing upon any municipal road, must be cut down and destroyed between 20 June and 10 July in each year, by the persons liable for the maintenance of such road.

Trees must also be pruned during the same period, by the same persons, to a height of 3 m.

M.C. 1916, a. 477; 1984, c. 47, s. 213.

749. Every municipal road must, at all times, be kept in good order, free from all holes, cavities, ruts, slopes, stones, incumbrances or impediments whatsoever, with hand-rails at dangerous places, in such manner as to permit of the free passage of vehicles of every description, both by day and night, except in the case mentioned in article 831.

Motor vehicles travel at their own risk and peril on earth roads and roads maintained during winter to permit free passage of motor vehicles and other vehicles.

The side-walks must also be kept in good repair, free from all holes, obstacles and impediments whatsoever, with hand-rails at dangerous places.

M.C. 1916, a. 478; 1922 (1st sess.), c. 102, s. 2; 1952-53, c. 23, s. 6.

750. Every person who, without reason or authority, cuts, mutilates or injures any trees planted or preserved for ornament on any municipal road, or any posts, inscriptions, works, or objects forming part of, or connected with any municipal road, is responsible for all damage occasioned thereby, and further incurs a fine of not less than $5 nor more than $10.

M.C. 1916, a. 479; 1999, c. 40, s. 60.

DIVISION II WINTER ROADS

§ 1 . — General Provisions

751. Winter roads are laid out before 1 December in each year, in the places fixed by the municipal inspector, in accordance always with the orders of the council, if the latter sees fit to give any.

The line thereof is marked by means of balizes, of at least 1,50 m in height, fixed in the ground at each side of the road, at a distance of not more than 11 m one from the other, on each line. If the road is laid down with two tracks, a row of balizes must be fixed in a similar manner between the two tracks.

Front roads are laid out by the persons who are liable for the work on such roads, and by-roads by the municipal inspector.

Notwithstanding this article, a municipality may, by by-law, exempt itself from opening or maintaining a winter road, leading to uninhabited properties only, between 1 January and 1 April.

M.C. 1916, a. 480; 1935, c. 110, s. 1; 1984, c. 47, s. 213; 1996, c. 2, s. 455.

752. (1)  The municipality under whose control any road whatsoever falls, may, by resolution, order that such road be, during the winter, laid out and kept in repair as a double road; one track thereof to be for vehicles going in one direction, and the other for vehicles going in the opposite direction.

(2)  The municipality may also, by by-law, order that such road be maintained in winter, for traffic by motor vehicles, organize such service as the council considers appropriate in each case and determine, when it considers it expedient to do so, that snow be blown onto or deposited on private land, provided it also determines the necessary precautions in such cases to prevent damage to persons and property.

To pay the cost of such service, the municipality may impose and collect a tax on the real property of the proprietors bordering on any road, group of roads or parts of roads, based either on the municipal valuation of the lands or buildings, on the total area of a lot or on the frontage of the lots.

In the apportionment of that cost, the portion that would be payable for the immovables exempt from all property tax may be charged to the whole of the taxable real property in the territory of the municipality and based on the municipal valuation of such property.

The tax for such service may be fixed in advance and collected at the same time as the general property tax or be equivalent to the real cost of the service, including the management and financial expenses, and be claimed as soon as that cost is determined.

(3)  (Subarticle repealed).

(4)  In default of an order of the municipality, a double track of 7,50 m in length, at distances not more than 225 m from one another, must be made and maintained on every municipal winter road.

M.C. 1916, a. 481; 1951-52, c. 61, s. 5; 1979, c. 36, s. 44; 1984, c. 47, s. 213; 1996, c. 2, s. 353; 1999, c. 40, s. 60.

753. Every person placing balizes on a summer road, after the road which must be substituted therefor in winter has been laid out beyond the limits of such road, or displacing balizes already placed, incurs a fine of not more than $8.

M.C. 1916, a. 482.

754. No winter road, if there is a single track, shall be less than 2,25 m in width, between the two rows of balizes. If it is a double road, each track must be at least 1,50 m in width. It is, however, lawful for municipalities to make and enact by-laws providing that certain winter roads be laid out and maintained at a lesser or greater width than 2,25 m, and fixing different widths for different roads.

M.C. 1916, a. 483; 1984, c. 47, s. 213; 1996, c. 2, s. 455.

755. Whenever the municipal inspector deems it necessary, every owner or occupant of land on a front road, and every person interested in a by-road must, between 1 December in each year and 1 April following, keep all fences erected by the side of municipal roads, and all fences forming an angle with the fences of such roads, to a distance of 7,50 m, levelled to within 60 cm of the ground.

This provision does not apply to hedges, picket fences more than 7,50 m distant from the road, nor to those which cannot be taken down or put up again without great expense, nor to fences erected in the woods.

Nevertheless, the owners or occupants of land who maintain the fences along any front road, not being that on which they are obliged to work, must pay to the person bound to maintain such road, the excess of work occasioned by the fact that, as such fence cannot be taken down, the person liable for the work on such road has additional labour.

When fences have been so taken down, the municipal inspector may compel the same persons to put them up again, at such time as he shall fix.

M.C. 1916, a. 484; 1984, c. 47, s. 213; 1996, c. 2, s. 354.

756. The municipal inspector may, in all cases where he deems it necessary, authorize the erection of snow guards along winter roads and on adjacent lands, but at suitable places and so as not to cause damage and so as to avoid, in so far as is possible, any inconvenience to the owners or occupants of such lands. In no case shall snow guards be placed in front of houses or other buildings or in front of yards, passageways or roads giving egress from such lands.

1943, c. 48, s. 3.

757. Every municipality may, by resolution, give such orders as it deems proper respecting the maintenance of the winter roads under its control. Such orders are binding upon the officers of the municipality, and upon all parties interested in the work upon the road to which they relate.

M.C. 1916, a. 485; 1996, c. 2, s. 455.

758. Upon the petition in writing of the majority of the proprietors of immovable property in any range or part of a range, the municipality may, by by-law, order that the front road of the range, or of the part of the range, described in the petition, be maintained by means of a roller or other machine described in the petition.

The work so ordered shall be paid for by means of a contribution in money levied by special apportionment made by the secretary-treasurer of the municipality in the ordinary manner, and based upon the value of the immovables liable for such work, or according to the superficial extent of the land, as entered upon the valuation roll in force, in conformity with the decision of the corporation.

Every year such work is given out to the persons and in the manner provided for by article 888.

M.C. 1916, a. 486; 1996, c. 2, s. 455.

759. Every municipality has the power, on complying with the formalities prescribed in chapter VI of this Title, to determine, by by-law or by procès-verbal, by whom and at whose cost the winter roads shall be maintained.

In the absence of a by-law or procès-verbal indicating the persons bound for the maintenance of a winter road, articles 882 to 890, shall apply. But if any by-road, leading solely to any ferry or toll-bridge, the road work of which is at the charge of the owner or occupant of such ferry or toll-bridge, serves in winter as a passage to any other public road, the work of maintaining such by-road or the road which is substituted therefor, is not, during the winter, at the charge of such owner or occupant, but is performed in the same manner as that of any other by-road.

M.C. 1916, a. 487; 1922 (2nd sess.), c. 86, s. 1; 1996, c. 2, s. 455.

760. Every municipality is forbidden to prohibit the use, during the winter, of vehicles with a dragging shaft or tongue (voitures à travail ou timon trainant), in the mountain roads as well as in roads with a grade, affording a means of communication between the wooded lands and the highways and used principally for the transporting of timber.

The by-laws or resolutions which enact such a prohibition shall be null and cannot come into force, and those passed before 29 December 1922, shall cease to be in force from and after such date; no penal proceedings may be instituted for an offence under any of those provisions.

1922 (2nd sess.), c. 87, s. 1; 1990, c. 4, s. 253; 1996, c. 2, s. 355.

§ 2 . — Winter Roads substituted for Summer municipal Roads

761. Winter roads may be laid out beyond the lines of a summer road, across any field, enclosure or standing timber or any lake, river or watercourse. If the proprietor of such land suffers damage, he shall be indemnified therefor by the municipality. If the municipality and the proprietor come to an understanding thereon, the amount agreed upon is paid; if they do not, the municipality has the damage assessed by the municipal assessors, and the municipality shall always have its recourse against the persons interested in the road for the reimbursement of the money spent.

Such roads cannot, however, without the consent of the proprietor or occupant, be laid out through gardens, orchards, yards or other lands enclosed within hedges, or fences which cannot be taken down or replaced without incurring heavy expense.

The municipality may also, by resolution, allow the opening of winter roads across any field or through any wood, for hauling logs, square timber or cord-wood, provided that a written notice of eight days has been given to every owner of land traversed, and that it be done without causing damage, and by complying with the restrictions contained in this article.

M.C. 1916, a. 488; 1919, c. 87, s. 1; 1947, c. 77, s. 20; 1996, c. 2, s. 356.

762. Winter roads which are substituted for municipal summer roads are maintained by the persons who in summer are bound to perform work on the roads for which the former are substituted, or by the municipality itself when such roads are at its charge, except in the case mentioned in article 759.

M.C. 1916, a. 489; 1996, c. 2, s. 455.

§ 3 . — Watercourse Winter Roads

1996, c. 2, s. 357.

763. Where the territories of two local municipalities, by whatever law each be governed, are divided by a body of water and one of the local municipalities wishes to have a road established in winter on such body of water to connect the territories, the municipalities shall, in accordance with the Act governing each municipality, enter into an agreement to that end in which is determined the share of the responsibility of each municipality with respect to the management of the road.

M.C. 1916, a. 490; 1996, c. 2, s. 358.

764. If the municipalities fail to enter into an agreement under article 763, either one may request that the Commission municipale du Québec rule on whether it is necessary to build a winter road and, where applicable, determine the share of responsibility of each municipality with respect to the management of the road and prescribe rules for the apportionment of expenses.

The clerk or the secretary-treasurer of the municipality making the request shall, as soon as possible after the adoption of the resolution setting out the request, forward a certified copy thereof to the other municipality.

M.C. 1916, a. 491; 1996, c. 2, s. 358.

765. Where a request under article 764 has been brought before the Commission, it may, after inquiry, either rule that there is no need to establish a winter road, or rule that such a road is needed and determine the share of responsibility of each municipality with respect to the management of the road and prescribe rules for the apportionment of expenses.

Such decision remains in effect until the coming into force of an agreement entered into by the municipalities under article 763.

M.C. 1916, a. 492; 1996, c. 2, s. 358.

766. (Replaced).

M.C. 1916, a. 493; 1996, c. 2, s. 358.

767. (Replaced).

M.C. 1916, a. 494; 1996, c. 2, s. 358.

768. (Replaced).

M.C. 1916, a. 495; 1922 (1st sess.), c. 80, s. 9; 1996, c. 2, s. 358.

769. (Replaced).

M.C. 1916, a. 496; 1979, c. 72, s. 281; 1984, c. 47, s. 213; 1996, c. 2, s. 358.

770. (Replaced).

M.C. 1916, a. 497; 1996, c. 2, s. 358.

771. (Replaced).

M.C. 1916, a. 498; 1996, c. 2, s. 358.

772. (Replaced).

1922 (1st sess.), c. 80, s. 10; 1934, c. 86, s. 1; 1996, c. 2, s. 358.

CHAPTER III PROVISIONS SPECIALLY APPLICABLE TO MUNICIPAL WATERCOURSES

773. Every watercourse draining several pieces of land, with the exception of road and boundary ditches, which drain only the two properties between which they are situated, is governed according to this Title.

M.C. 1916, a. 499; 1941, c. 70, s. 2.

774. Every river or natural watercourse, in the parts thereof which are neither navigable nor floatable, even the parts situated in the territory of a municipality governed by the Cities and Towns Act (chapter C-19), is a municipal watercourse.

A river or natural watercourse, which is floatable only at certain periods of the year or after rains, does not cease to be a municipal watercourse.

M.C. 1916, a. 500; 1941, c. 70, s. 3; 2001, c. 25, s. 51.

775. Every municipal watercourse allows of a right of way on foot, by vehicle and with machines over any land in order to have access to the watercourse and to there carry out the work required by the law, the deeds of agreement, the procès-verbaux or the by-laws, subject to the indemnification contemplated in article 837 for the damage occasioned.

Any public servant authorized by a Federal or Provincial Department, or any municipal inspector may, himself or through other persons under his direction, exercise such right of way.

Every person who prevents or attempts to prevent the exercise of such right shall incur the penalties contemplated in article 173.

1941, c. 70, s. 4; 1999, c. 40, s. 60.

776. Municipal watercourses may be regulated, wholly or in part, by procès-verbal, by-law or deed of agreement.

M.C. 1916, a. 501; 1941, c. 70, s. 5.

777. Every deed of agreement shall set forth:

(1)  the description and situation of the watercourse;

(2)  the specification describing the work to be done;

(3)  the mode of contributing to the work;

(4)  the description and superficial extent of the lands which are to be subjected thereto.

When the deed of agreement is accompanied by a plan of the watercourse and a specification of the work to be done, it shall be sufficient to state that the watercourse will be made according to the plan and specification annexed to the deed of agreement to form an integral part thereof.

M.C. 1916, a. 502; 1930, c. 107, s. 1; 1941, c. 70, s. 5.

778. A deed of agreement may be made by deed in notarial form or under private signature, signed by the owners of at least three-fourths in area of the land subjected to the work to be done, and shall be obligatory as well for the persons who have not signed it as for those who have, and for the representatives of both.

1930, c. 107, s. 2; 1941, c. 70, s. 5.

779. Every deed of agreement must, on pain of absolute nullity, be homologated by the municipal council or the board of delegates under whose direction the watercourse is.

When the deed of agreement has not been signed by all the proprietors of lands subjected to the watercourse, the secretary of the municipal council or of the board of delegates in whose office the deed of agreement is deposited shall be bound to summon the persons interested who have not signed it to the sitting of the council or of the board of delegates at which the deed of agreement is to be considered. Such summoning shall be effected by a public notice and by registered or certified letter mailed to the last known address of the said persons interested or served upon each of them, at least eight days before the said sitting.

M.C. 1916, a. 503; 1930, c. 107, s. 3; 1941, c. 70, s. 5; 1975, c. 83, s. 84; 1999, c. 40, s. 60.

780. The deed of agreement is substituted de jure for the procès-verbal or by-law, governing such watercourse, if any. It remains binding until it is replaced by a procès-verbal, a by-law or a subsequent deed of agreement.

1941, c. 70, s. 6.

781. A copy of every deed of agreement must be deposited in the office of the local municipality in whose territory the watercourse governed by such deed is situated, either in whole or in part.

M.C. 1916, a. 504; 1996, c. 2, s. 359.

782. Subject to article 831, municipal watercourses must be kept in good order and free from any obstruction which prevents or impedes the water from flowing, for the whole period between 1 May and 31 October following.

M.C. 1916, a. 505.

783. Every proprietor of land which is crossed or bordered by a watercourse must keep the approaches to such watercourse free of injurious vegetation, accumulations of branches or other waste matter for a distance of 4,50 m from the bank of the watercourse.

1941, c. 70, s. 7; 1984, c. 47, s. 213.

784. No person is bound to perform work upon any municipal watercourse between 1 November in each year and 30 April following, both days inclusive, except on the order of the municipal inspector, when such watercourse is obstructed by snow or ice or otherwise.

M.C. 1916, a. 506.

785. In cases when the work is not done by the labour of the ratepayers, the municipal inspector must, at the time when the watercourses should be open and clear, whenever he is called upon so to do, remove or cause to be removed the obstructions caused by snow or ice or otherwise; and the cost of such work is paid by the interested parties mentioned in the by-law or procès-verbal.

M.C. 1916, a. 507.

786. The municipality may, by resolution duly published, alter the dates mentioned in articles 782 and 784.

M.C. 1916, a. 508; 1996, c. 2, s. 455.

787. Whoever obstructs any municipal watercourse or allows it to remain obstructed in any manner, after the expiration of two days from the receipt of a written or verbal notice having for object the removal of such obstruction, given by or on behalf of any interested person, incurs, over and above the damages occasioned, a fine of not more than $1 for every day such obstruction remains.

M.C. 1916, a. 509.

788. No municipality or board of delegates may, by itself or by its officers, direct the demolition of any dam, dyke, or flood-gate of any mill or factory whatsoever, on the ground that such dam, dyke, or flood-gate is an obstruction to a watercourse.

M.C. 1916, a. 510; 1996, c. 2, s. 455.

789. The owner or occupant of any low or swampy land may make a watercourse through any neighboring land, or avail himself of those which are already made, deepen the same if they are not deep enough, and repair and keep them in order, in so far as necessary for the drainage of such low or swampy land.

The work to be done on such watercourse may be determined by by-law, procès-verbal or by deed of agreement.

M.C. 1916, a. 512.

790. The municipal inspector may authorize the opening of any trench or excavation in any public road, to allow a watercourse to pass through the same.

Such trench or excavation must be indicated, both by day and night, in such a manner as to prevent accident, under penalty of the damages occasioned.

Within 48 hours after the commencement of the work upon the road, a suitable and solid bridge or culvert of the width of the road must be built over such watercourse.

M.C. 1916, a. 513.

791. The waters of any municipal watercourse may be turned into any other municipal watercourse, if so ordered by a procès-verbal or by-law, as the case may be, without such watercourses being considered as a single one on account of their junction.

M.C. 1916, a. 514.

792. Any land situated within the drainage area of a municipal watercourse may be subjected to the work on such watercourse by a procès-verbal, a by-law or a deed of agreement for and by reason of the area of such land and in the proportion established by the competent authority; but should an error of not more than 10 percent in the area of such land be made, such error is not to be taken into account. Such land need not be described otherwise than by indicating its area and by the official number of the lot.

The description so given in any procès-verbal or by-law in existence on 9 January 1897, is declared sufficient, without prejudice, however, to cases then pending.

M.C. 1916, a. 515; 1941, c. 70, s. 9.

793. (Repealed).

1942, c. 69, s. 4; 1986, c. 32, s. 13.

794. Any person may use any municipal watercourse as well as the banks thereof, for the conveyance of all kinds of timber or wood, and for the passage of all boats, ferry-boats, and canoes, subject always to the obligation of repairing, without delay, all fences, drains or ditches damaged thereby, and to the payment of all damages occasioned by the exercise of such right.

M.C. 1916, a. 516; 1999, c. 40, s. 60.

CHAPTER IV BY-LAWS GOVERNING ROADS, BRIDGES AND WATERCOURSES

GENERAL PROVISIONS FOR OTHER WORK

795. All work to be performed on municipal roads, bridges or watercourses is governed and determined by by-law or procès-verbal except in cases otherwise provided for, and is performed under the control of the municipality.

M.C. 1916, a. 517; 1941, c. 70, s. 10; 1996, c. 2, s. 455.

796. The opening, construction, enlargement, alteration, change of direction, division or maintenance of any such road, bridge or watercourse must likewise, in the discretion of the council, be ordered by by-law or procès-verbal, except in cases otherwise provided for.

M.C. 1916, a. 518.

797. The closing, abolition or demolition of any road, bridge or watercourse is ordered in the same manner.

M.C. 1916, a. 519; 1996, c. 2, s. 360.

798. Such a by-law or procès-verbal is adopted or homologated by the municipality or the board of delegates having jurisdiction over the roads, bridges or watercourses in question, by following the formalities prescribed in Chapter VI of this Title (articles 852 to 871).

M.C. 1916, a. 520; 1996, c. 2, s. 455.

799. The work ordered by law, by procès-verbal, or by by-law, or otherwise provided for, as the case may be, upon any municipal road, bridge or watercourse, is performed:

(1)  by the ratepayers made liable therefor under a procès-verbal or by-law in force, or, in the absence of a procès-verbal or by-law, under any provision of law; or

(2)  according to the rules laid down in article 888, or articles 934 to 953, if so ordered by the procès-verbaux or by-laws governing them, or by the municipality; or

(3)  by the local municipality, in whole or in part, if a by-law to that effect has been passed under articles 800 and following.

M.C. 1916, a. 521; 1996, c. 2, s. 455.

800. Every local municipality may order that all municipal roads, bridges and watercourses, whether local or, in the case of watercourses, regional, for which the ratepayers are liable and which are situated in its territory, shall be made, built, improved, repaired, and maintained or be maintained only by the municipality and at its expense out of moneys levied by means of direct taxation for such purpose on all the taxable property in its territory.

The municipality may, however, except and leave at the charge of the persons who are bound to do work thereon, front roads as well as roads or bridges leading exclusively to ferries or toll-bridges, front roads ditches, and watercourses.

The municipality may also except and leave at the charge of the proprietors and of the persons, who are bound to do the work thereon, the maintenance of the winter roads.

The municipality may enact that the ratepayers or a category of them shall be indemnified, to the extent and in the manner it may determine, for work done in the past by them and their auteurs or at their cost and at that of their auteurs.

This article does not apply to the roads referred to in article 736.

No by-law under this article shall come into force until 1 January following its publication.

However, the Government may, at the request of the council, order the coming into force of the by-law on an earlier date than that fixed by the sixth paragraph but later than the one hundred and twentieth day after its publication.

M.C. 1916, a. 522; 1921, c. 108, s. 1; 1922 (2nd sess.), c. 86, s. 2; 1925, c. 36, s. 11; 1948, c. 49, s. 4; 1951-52, c. 62, s. 1; 1982, c. 63, s. 52; 1996, c. 2, s. 361.

801. Every local municipality may likewise, on a petition from the majority of the ratepayers, interested in certain works, order what work on municipal roads, bridges or watercourses, whether local or, in the case of watercourses, regional, for which such ratepayers are liable, or even at the charge of the municipality and situated in its territory, shall be performed by the municipality at the expense of the ratepayers therein mentioned, and what work shall be performed by and at the charge and expense of the municipality.

A special tax is then imposed for the performance of the work, on the immovable property of the ratepayers interested or, at the discretion of the council, on that of the ratepayers who have signed the petition.

The other work at the charge and expense of the municipality is paid for with moneys levied by direct taxation on the taxable immovable property other than that upon which the special tax above mentioned has already been imposed.

No by-law under this article may come into force until 1 January following its publication.

The Government may, however, at the request of the council, order the coming into force of the by-law on an earlier date than that which is fixed in this article but subsequent to the one hundred and twentieth day following its publication.

M.C. 1916, a. 523; 1951-52, c. 62, s. 2; 1983, c. 57, s. 23; 1996, c. 2, s. 362.

802. From the coming into force of any by-law passed under article 800 or 801, or otherwise, and placing all or any work on roads, bridges or watercourses at the charge and expense of the local municipality, and so long as such by-law is in force:

(1)  no ratepayer is liable for work on the roads, bridges or watercourses so placed at the charge and expense of the municipality, and such municipality is substituted in the place and stead of the ratepayers in all obligations in respect of such works, whether they proceed from procès-verbaux, by-laws or provisions of law, under the penalties and responsibilities mentioned in article 724;

(2)  every part of a procès-verbal or by-law which determines the work to be done, the manner of doing it, the nature and quality of the work, and the duties of the officers entrusted with such work, remains in force and is binding upon the municipality or the ratepayers, as the case may be; the other parts of the procès-verbal or of the by-law are suspended, and shall not again come into force until after repeal of the by-law putting any or all work at the charge and expense of the municipality or of the ratepayers, as the case may be.

M.C. 1916, a. 525; 1951-52, c. 61, s. 6; 1996, c. 2, s. 455.

803. Every municipality may, by resolution, define the manner in which the money levied for the work for which it is liable is to be expended and applied in its territory.

It may likewise, for the performance of such work, make any contracts it thinks proper in conformity with article 888 or articles 934 to 953.

M.C. 1916, a. 526; 1996, c. 2, s. 363.

804. No by-law passed under article 800 or 801, or otherwise, placing all or part of the works at the charge and expense of the municipality, may be repealed except by another by-law passed by the affirmative vote of two-thirds of the members of the council, nor may the by-law come into into force until 1 January following its publication.

M.C. 1916, a. 527; 1951-52, c. 61, s. 7; 1983, c. 57, s. 24; 1996, c. 2, s. 455.

805. If the work has been given out by contract, the contractor is liable to the same obligations and penalties as are the municipalities which are responsible for the work for which he has contracted, and he is their surety for all damages, penalties and costs which they may be called upon to pay, in default of the work being performed.

M.C. 1916, a. 528; 1996, c. 2, s. 455.

806. Any ratepayer may be made liable for any work on a municipal road or bridge by a procès-verbal or by a by-law, by reason of the taxable immovable property he owns or occupies.

Article 792 governs the responsibility of ratepayers who are liable for work on watercourses.

Nevertheless, no ratepayer of a local municipality is liable for any work on any road, bridge or watercourse situated in a neighbouring local municipal territory unless the watercourse is a regional watercourse.

M.C. 1916, a. 529; 1996, c. 2, s. 364.

807. Whenever any lot or piece of land has been divided between several owners or occupants, after the passing of a by-law or the drawing up of a procès-verbal under which such lot or piece of land is liable for work upon any municipal road, bridge or watercourse, all the owners or occupants of the lot or piece of land so divided are jointly and severally liable, saving to each his recourse against the others in proportion to the value of the land occupied, for the work ordered by the procès-verbal or by-law, until otherwise ordered by a subsequent procès-verbal or by-law.

M.C. 1916, a. 530.

808. The work on all the by-roads of the territory of the municipality in general, or on any particular by-road, to be performed by the labor of the persons liable for such work, is divided either in proportion to the superficial extent of such land, by reason whereof such persons are liable for such by-road, or in proportion to the value of such land, according to the decision of the council of the municipality.

The by-laws and procès-verbaux regarding the work to be performed, according to the area of the land, in force on 27 May 1882, and which have not since been repealed, remain in force until they are repealed or amended.

M.C. 1916, a. 531; 1996, c. 2, s. 365.

809. Every person bound to supply materials, or perform work upon municipal roads, bridges, or watercourses, or upon sidewalks, or other work, is in default to fulfil such obligations, from the time when the by-law, resolution, procès-verbal or act of apportionment, prescribing the performance of such work or the supplying of such materials, comes into force, without any special or public notice being requisite, except in the case of work to be performed in common.

M.C. 1916, a. 532.

810. Persons liable to perform work required by any provision of law, of a procès-verbal or of a by-law, are always in default to perform such work.

M.C. 1916, a. 533.

CHAPTER V PERFORMANCE AND SUPERINTENDENCE OF WORK ON ROADS, SIDEWALKS, BRIDGES AND WATERCOURSES

MUNICIPAL INSPECTORS AND DIVISIONAL ROAD INSPECTORS, AND THEIR DUTIES

811. The officer whose duty it is to see that the provisions of law, of by-laws or of procès-verbaux concerning and regulating municipal roads, sidewalks, bridges or watercourses, whether local or, in the case of watercourses, regional, are carried out, is called “municipal inspector” or “divisional road inspector”, according as the local municipality avails itself of the right of choice authorized by articles 219, 221, 222 and 223.

M.C. 1916, a. 534; 1996, c. 2, s. 366.

812. Every divisional road inspector, when a municipal inspector has been appointed in conformity with article 221, is under the control and supervision of such officer, as mentioned in said article.

M.C. 1916, a. 535.

813. Whenever the municipal inspector is for any reason whatever unable to discharge his duties, the local council or the mayor must appoint a person to replace him during such inability.

Such inspector is not discharged from his responsibility because of such appointment.

M.C. 1916, a. 536; 1999, c. 40, s. 60.

814. Upon recommendation of the municipal inspector, the council must employ the services of an expert in such work to assist him in the execution of the work under his superintendence.

The council may also, of its own motion and when it believes it necessary, associate an expert in such work with the municipal inspector for the performance of certain work.

M.C. 1916, a. 537.

815. The municipal inspector is bound to superintend all work of construction, improvement, repair and maintenance on municipal roads, sidewalks, bridges and watercourses situated in the territory of the municipality, whether local or, in the case of watercourses, regional, and to see that such work is performed in conformity with the provisions of law, of procès-verbaux or of by-laws governing the same.

Ferries are also under the superintendence of the municipal inspector.

M.C. 1916, a. 538; 1996, c. 2, s. 367.

816. Any work of construction, improvement, repair or maintenance on roads or bridges may be performed under the direction of a supervisor appointed by the Minister of Transport.

Such supervisor shall not be subject to the control or superintendence of the municipal inspector nor to the control or superintendence of the road inspector for the district where the work is being done. He shall receive from the municipality the remuneration fixed by the Minister of Transport.

1919, c. 83, s. 2; 1972, c. 54, s. 32; 1996, c. 2, s. 455.

817. The municipal inspector, at the expense of the municipality, makes or causes to be made, in the snow or ice, trenches and all other works which are required to prevent floods and to facilitate the drainage of water.

M.C. 1916, a. 539; 1996, c. 2, s. 455.

818. Every municipal inspector has jurisdiction over every person liable to perform the work under his superintendence, whatever such person’s domicile may be.

M.C. 1916, a. 540.

819. The municipal inspector is considered to be an officer of the regional county municipality in relation to regional work whereof he has the superintendence.

M.C. 1916, a. 541; 1996, c. 2, s. 368.

820. Whenever a municipal inspector is personally interested in any work or other matter within his jurisdiction, and neglects or refuses to execute or supply that which he is bound to execute or supply, by reason of his interest in such work or matter, the secretary-treasurer of the local municipality in whose territory such inspector has jurisdiction, possesses the same rights and powers and is subject to the same obligations in relation to such inspector as the latter possesses and is subject to, in relation to all persons interested in the same work or matter.

In respect of work to be performed in common, the inspector so interested is always in default to discharge the obligations attaching to such work.

M.C. 1916, a. 542; 1996, c. 2, s. 369.

821. Whenever any work must be performed in common upon any municipal road, bridge, or watercourse, it is the duty of the municipal inspector to notify the persons who are liable to perform such work, either by special, verbal or written notice, or by public notice, of three days:

(1)  of the time and place where such work must be performed;

(2)  of the quantity and description of materials which are required, and of the time when and place where they must be provided;

(3)  of the amount of labour which each must contribute;

(4)  of the description of tools and implements required, which must be of the kind ordinarily used by farmers in the territory of the municipality.

If the work to be performed in common is, however, not sufficient, in the opinion of the council, to justify the making of a call upon the ratepayers interested, the municipal inspector may cause such work to be performed and the costs thereof to be paid in equal proportions by the ratepayers interested in such work, together with the costs of collection, which shall be taxed by the council.

M.C. 1916, a. 543; 1996, c. 2, s. 370.

822. If the nature of the work requires it, the municipal inspector may call upon each of such persons to bring or to cause to be brought a certain number of horses or oxen, with proper harness, carts or ploughs, if he has them.

Every day’s labour of a horse or yoke of oxen, with harness, carts or ploughs, is credited to the person who brought the same, as one day’s work.

M.C. 1916, a. 544.

823. It is the duty of the municipal inspector:

(1)  to direct and superintend the performance of all work;

(2)  to fix the hour of commencing and leaving off such labour, and the time for rest and meals, so that the day may consist of 10 clear hours of labour on the spot where the work is to be done;

(3)  to dismiss any person who is idle, who hinders the others from working, or who refuses to obey his orders.

He may at once replace any person who has not attended at the hour appointed for labour, or who has been dismissed, at the cost of the person so in default.

M.C. 1916, a. 545; 1990, c. 4, s. 254.

824. Every municipal inspector incurs, in addition to damages, a fine of $2 for each day on which he is in default, when he refuses or neglects, without reasonable cause:

(1)  to perform any duty which is imposed upon him by the provisions of this Code, or by by-law, or which is required of him under any of such provisions; or

(2)  to obey the orders of the council, in respect of the work under his superintendence.

M.C. 1916, a. 546; 1996, c. 2, s. 371; 1999, c. 40, s. 60.

825. The municipal inspector must, on resolution of the local municipality to that effect, procure and keep in good order, a snow-plough, a roller, an iron or steel-shod scraper or other implements to be used on the municipal roads.

Every person who is bound to perform work on municipal roads may be compelled by the municipal inspector to make use of such implements as part of the road work he is bound to perform.

The use of such implements may be gratuitous, and the outlay incurred for their purchase and repair falls upon the local municipality.

M.C. 1916, a. 547; 1996, c. 2, s. 455.

826. Any municipality may, on mere resolution, and without any other formality:

(1)  acquire stone-crushers, rollers or other machines to construct, improve and maintain roads;

(2)  make arrangements with the local municipalities with a population of less than 4 000 inhabitants and whose territory is included in that of the same regional county municipality for the purpose of allowing them the use of such machines for their roads, and fix the price for their use, or give them the gratuitous use thereof;

(3)  acquire such machines jointly with the municipalities mentioned in paragraph 2, and make with them all necessary arrangements for the care, use and repair of such machines.

M.C. 1916, a. 548; 1982, c. 2, s. 27; 1983, c. 57, s. 25; 1996, c. 2, s. 372.

827. The municipal inspector is the custodian and depositary of all tools, implements and machines, and of all materials belonging to the municipality; he is responsible to the municipality for their care and preservation, saving his recourse against any person at fault.

He has no right to loan to any person whomsoever, any of the tools, implements, machines or other effects belonging to the municipality, except as mentioned in articles 825 and 826.

M.C. 1916, a. 549; 1996, c. 2, s. 455.

828. The municipal inspector must, forthwith, or at the expiration of the time granted in cases which come under the provisions of article 831, see to the removal or suppression of all obstructions and nuisances from the municipal roads, sidewalks, ferries, bridges or watercourses within his jurisdiction, by the persons who have occasioned them, or, in the event of their refusal or neglect, by any other person whom he authorizes so to do, at the cost of the person in default.

Such costs are recovered by an ordinary action instituted by the municipal inspector in his official capacity, and the local municipality is liable therefor, if the person in default is without means.

If the person who occasioned such obstruction or nuisance is unknown, it must be removed at the expense of the local municipality.

M.C. 1916, a. 550; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

829. The following are deemed obstructions or nuisances:

(1)  filth, dead animals, or other objects placed or left on any municipal road or bridge, or in any watercourse or ditch connected with such road or bridge;

(2)  any trench or opening made in any municipal road;

(3)  the anchoring or mooring of any vessel, boat or other floating object, at the landing place of any ferry, so as to impede free access to the beach or to a wharf.

M.C. 1916, a. 551.

830. Whoever has committed any act which may have the effect of obstructing, impeding or rendering inconvenient the free passage of vehicles or foot-passengers over any part of a municipal road, sidewalk or bridge, or of impeding the flow of water in connection therewith, is deemed to have occasioned an obstruction or nuisance within the meaning of articles 828 and 829.

M.C. 1916, a. 552.

831. Nevertheless, the municipal inspector may, upon such conditions as he deems advisable, and whenever it appears expedient to him, permit upon any road, ford, ferry, sidewalk, bridge or watercourse, which is under the control of the municipality, the performance of any work which may have the effect of obstructing, impeding or rendering inconvenient the passing over such road, ford, ferry, sidewalk, bridge or watercourse.

M.C. 1916, a. 553; 1996, c. 2, s. 455.

832. Whenever any such duly authorized work is in course of performance, as mentioned in article 831, excavations and other dangerous places must be indicated, both by day and night, in such a manner as to prevent accident, under penalty of a fine of not more than $20 for each day during which this article is contravened, in addition to the damages occasioned thereby.

M.C. 1916, a. 554.

833. Whoever causes any obstruction or nuisance on any municipal road, ford, sidewalk, ferry, bridge or watercourse, or renders the use thereof difficult or dangerous, incurs for each offence, over and above the damages occasioned thereby, a fine of not less than $2 nor more than $10.

M.C. 1916, a. 555.

834. The municipal inspector must, without delay, report to the municipality respecting any encroachment on any road, sidewalk, bridge, watercourse or other public work under his superintendence.

M.C. 1916, a. 556; 1996, c. 2, s. 455.

835. Every municipal inspector, and every person who accompanies him, or who is authorized by him in writing, may in the daytime, without previous notice, enter upon any land whatever, whether occupied or unoccupied, enclosed or unenclosed, for the purpose of making a survey for any road, bridge or watercourse, or upon any unoccupied land, for the purpose of searching for timber, stone or materials necessary to carry on any public work, by paying any damages occasioned thereby.

M.C. 1916, a. 557; 1999, c. 40, s. 60.

836. Every municipal inspector entrusted with the superintendence or direction of labour on any road, bridge, watercourse, or other public work, may, either in person or by others acting under his direction, and without previous notice, enter, in the daytime, to the distance of 60 m from such public work, upon any uncultivated land, and may take therefrom any materials requisite for such work, except fruit trees, maples, and any other trees preserved for ornament.

M.C. 1916, a. 558; 1984, c. 47, s. 213.

837. The municipal inspector must, as soon as possible, declare on oath what he believes to be the value of the damage occasioned by the taking of such materials.

Every person using the right of way provided for in article 775 must also declare on oath what he believes to be the value of the damage occasioned by the exercise of such right.

If the amount of damage exceeds $20 it must be assessed by arbitrators, according to the rules laid down in articles 1097 and following, respecting expropriation for municipal purposes.

M.C. 1916, a. 559; 1939, c. 98, s. 5; 1941, c. 70, s. 12.

838. The damages are paid by such municipal inspector out of the moneys placed in his hands for defraying the cost of such works, to the person who has suffered the damages, all municipal taxes, fines or costs due by such person to the municipality or its officers being previously deducted therefrom. In default of such moneys, the damages are payable by the municipality, saving its recourse against the persons bound to perform such work.

M.C. 1916, a. 560; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

839. The municipal inspector may, without being authorized by the council, perform or have performed the work required on any municipal road, bridge, watercourse or sidewalk within his jurisdiction, which has not been performed in the manner or at the time prescribed, by the persons bound to perform such work.

He may also furnish, purchase or cause to be furnished the materials which should have been furnished or purchased for such public work, and which have not been so furnished or purchased in the manner or at the time prescribed.

Nevertheless, the cost of the work performed and the materials furnished or purchased under this article, must not exceed $5 each year for each piece of land liable for such work, unless the inspector has previously served on the persons liable for such municipal work, a special notice, either verbal or written, enjoining them to perform such work or to furnish the materials required within four days, the whole without prejudice to penalties or damages to which such persons are liable by reason of their default to perform such work or to furnish such materials in the manner and within the time prescribed by the procès-verbaux, by the by-laws or by law.

In every case, the municipal inspector who has performed work, or had the same performed, or furnished or purchased materials, or had the same furnished, under this article, must, as soon as possible, inform the persons in default by a special notice containing a statement of the amount due for such work or materials.

M.C. 1916, a. 561; 1999, c. 40, s. 60.

840. The value of such work or materials, with 20 % in addition thereto, may be recovered by the municipal inspector in his official capacity, together with costs against any person bound to perform such work or furnish such materials, by means of an ordinary action. The municipality is responsible therefor if the person in default is unable to pay them.

M.C. 1916, a. 562; 1996, c. 2, s. 455.

841. If the municipal inspector does not comply with article 839, when the labour or materials required on any municipal work have not been performed or furnished in the manner and at the time prescribed, he must report thereon to the council.

M.C. 1916, a. 563.

842. The council, on such report, authorizes the municipal inspector to have the work done or the required materials furnished or purchased at the cost of the municipality, by some person selected either by it or by the inspector.

M.C. 1916, a. 564; 1996, c. 2, s. 455.

843. The cost of such work or materials is paid, on the order of the municipal inspector, by the secretary-treasurer of the municipality, and is recovered by the municipality from the persons in default, with 20 % over and above the amount thereof, and costs, by an ordinary action.

M.C. 1916, a. 565; 1996, c. 2, s. 455.

844. The amount of any judgment rendered in favor of the municipal inspector or of the municipality, on any action brought to recover the value of the work performed or the materials furnished or purchased by either the municipal inspector or the municipality, and the 20 % in addition thereto, together with interest and costs, are assimilated to municipal taxes.

M.C. 1916, a. 566; 1996, c. 2, s. 455.

845. In case of urgency the municipal inspector must have every road or piece of road under the control of the municipality raised, rounded or covered with sand, gravel or other substance deemed suitable.

The cost of such work is, in every case, paid by the municipality, but it must recover the same from the persons liable for work on such roads, if the maintenance thereof is not at the charge and expense of the municipality.

M.C. 1916, a. 567; 1996, c. 2, s. 455.

846. The municipal inspector must, whenever he deems it necessary, or whenever he is called upon so to do by the council or the mayor:

(1)  visit and inspect municipal ferries, roads, sidewalks, watercourses and bridges situated within his jurisdiction;

(2)  take note of the condition of such ferries, roads, sidewalks, watercourses and bridges, and the work in connection therewith;

(3)  take note of the persons who have neglected to fulfil their obligations, and prosecute them in the name of the municipality;

(4)  report in writing to the municipality, twice a year, between the first and the fifteenth days of the months of June and October, the substance of the notes he has taken and the information he has obtained upon every public work under his superintendence; and he must further state the arrears of labour not performed or of materials not furnished, the value in money of such labour or materials, and the fines and costs remaining unpaid, specifying the lots in connection with which the same are due, and the owners or occupants of such lots, if known.

M.C. 1916, a. 568; 1996, c. 2, s. 455.

847. The municipal inspector must, when the roads, bridges, watercourses or other works are at the charge and expense of the municipality, lay before the council, in the month of January in each year:

(a)  a detailed list, accompanied by vouchers, of all work which has been performed during the year, the cost thereof, the number of men and horses employed, their wages, and the materials purchased;

(b)  an estimate of the amounts which he will require to meet the expenses of the coming year, upon roads, bridges, watercourses or other works.

M.C. 1916, a. 569; 1996, c. 2, s. 455.

848. The municipal inspector must likewise lay before the council, in the month of January in each year, a detailed inventory in duplicate of all articles, tools, implements and machines in his charge and of which he is the depositary.

M.C. 1916, a. 570.

849. Whenever a municipal bridge is destroyed or the use thereof becomes dangerous, or whenever the use of a municipal road becomes difficult or dangerous, the municipal inspector of the local municipality in whose territory such bridge or road, in whole or in part, is situated, must, without delay, in case of urgency, reconstruct or repair the same, or make a temporary bridge or crossing, at the expense of the local municipality.

Such work is done by day labour, and its cost is recoverable by the local municipality, by means of an ordinary action, from the persons liable therefor under the law, by-laws or procès-verbaux, and the amount of the judgment, with interest and costs, is assimilated to municipal taxes.

M.C. 1916, a. 571; 1996, c. 2, s. 373.

850. When the municipal territory is divided into road divisions, the municipal inspector may, if the municipality has not appointed a road inspector for each division, appoint a competent foreman or superintendent of works for each division. The salary of such foremen or superintendents of works is fixed and paid by the municipality.

M.C. 1916, a. 572; 1996, c. 2, s. 374.

851. Every person in default under article 810 to perform, on any municipal road, bridge, watercourse or sidewalk, any work prescribed by any provision of law or of the procès-verbaux or by-laws governing such work, is liable for any damage resulting from the non-performance of such work, in favor of the parties interested, or of the municipality or of any municipal officer when damages have been exacted from them, and is further liable to a fine of not less than $1 nor more than $4 for each day that he refuses or neglects to perform such work.

M.C. 1916, a. 573; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

CHAPTER VI FORMALITIES IN CONNECTION WITH BY-LAWS AND PROCÈS-VERBAUX RESPECTING ROADS, BRIDGES AND WATERCOURSES

852. Whenever any municipality decides, by resolution, upon the opening, closing, construction, enlargement, alteration, divergence or maintenance of a road, bridge or watercourse, which is or should be under its control, or whenever a petition of one or more persons interested in any such work is presented to its council, praying that the work to be performed on such road, bridge or watercourse be settled and determined, the council must, without delay:

(1)  summon the ratepayers interested in the projected work to one of its sittings, by public notice, and if, after hearing them, it is of opinion that such work should be performed, a by-law is made and passed to settle, determine and apportion, if need be, the work on such road, bridge or watercourse; or

(2)  appoint a special superintendent, whose duty it shall be to visit the places mentioned in the by-law, resolution or petition, to report thereon to the council or to draw up a procès-verbal, if necessary, within 30 days of his appointment, or within a time fixed by the council.

If the work to be performed comes within the jurisdiction of more than one regional county municipality, the special superintendent is appointed by the council of the regional county municipality in whose territory the initiative is taken.

M.C. 1916, a. 574; 1996, c. 2, s. 375; 1999, c. 40, s. 60.

853. If the work is to be performed at the expense of a local municipality, the making of a procès-verbal for the work at the charge and expenses of such municipality is not obligatory, but such work shall be regulated and determined by the municipality ordering the same.

M.C. 1916, a. 575; 1996, c. 2, s. 455.

854. The special superintendent, after having taken the oath of office, must call, hold and preside over a public meeting of the ratepayers interested in the proposed work, on the day and at the hour and place which he has fixed, and whereof he has given public notice.

Every ratepayer interested and present at such meeting is entitled to be heard.

The special superintendent may, at any time after the public meeting of the ratepayers interested in the proposed work, go to the domiciles of the said ratepayers and obtain from them all the information he may deem necessary, and especially the real value, the area and official number of the lot by reason whereof each ratepayer is liable for the proposed work.

M.C. 1916, a. 576.

855. If the special superintendent is of opinion that the work in question should not be performed, he sets forth in his report the reasons for such opinion. If, on the contrary, he is of opinion that such work should be performed, he draws up a procès-verbal.

M.C. 1916, a. 577.

856. The municipality, after the expiration of the time within which such report should be made, in the event of its not having been made, or after having received the report of the special superintendent whenever the latter is of opinion that the work should not be performed, may either give such officer fresh instructions and order him to draw up, within a fixed time, a procès-verbal in accordance with this Chapter, or appoint another special superintendent in his stead.

M.C. 1916, a. 578; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

857. Every procès-verbal must indicate:

(1)  the situation and description or the specifications of the work to which it relates;

(2)  the work to be performed and the time within which it must be performed;

(3)  the taxable immovable property of the owners or occupants bound to perform work or to contribute to its performance;

(4)  the proportion of labour to be performed by each ratepayer if the nature of the work admits of it, whenever the work is to be done by the ratepayers themselves.

In the case of a procès-verbal for a watercourse, it must also indicate the area of each piece of land drained, in whole or in part, by such watercourse.

M.C. 1916, a. 579; 1999, c. 40, s. 60.

858. In the case of a front road, if all the work upon such road is imposed upon the owners or occupants of the lots fronting on such road, it is not necessary to indicate such lots in the procès-verbal.

M.C. 1916, a. 580.

859. In the case of a front road, if, owing to peculiar circumstances, the work to be done upon such road by any owner or occupant exceeds by more than one-half the average of the work to be done upon the same road by owners of lands of equal value, such owner or occupant may be, in and by the procès-verbal, exempted from a part of the work upon or the cost of such road; and such part of the road described in the procès-verbal is considered as a by-road. Such front road must not exceed in length twice the width of the lot whereof it is the front road. The excess is considered and kept in repair as a by-road, and the procès-verbal or by-law must not, in any case, derogate from article 885.

M.C. 1916, a. 581.

860. It may be further ordered by any procès-verbal:

(1)  that every bridge or other construction forming part of the work upon a road or watercourse be constructed of stone, brick or other material of certain dimensions and according to plans and specifications annexed to the procès-verbal, and which may be amended by the proper council or board of delegates;

(2)  that fences or handrails be placed at the side of any road where it passes near or borders upon any precipice, ravine, or other dangerous place;

(3)  that any piece of road, through a swamp or marshy ground, be made in whole or in part with fascines or pieces of square timber, according to the mode of construction decided upon;

(4)  that any road be or be not raised in the middle;

(5)  that any specified kind of materials be or be not used in making or repairing such road, bridge or watercourse;

(6)  that, if a road runs through standing timber, the trees on each side of the road be felled by the owner or occupant of such land or by persons bound to perform the road work, for the space of 6 m from each fence, unless such trees are fruit trees, or maple trees forming part of a maple grove, or are preserved for ornament to a property;

(7)  that the work may be done from the date of the coming into force of such procès-verbal, without it being necessary to draw up a deed of apportionment;

(8)  that the work of building or repairing be not performed by the ratepayers themselves, but be done by contract at their expense, and that for such purpose it be publicly awarded, or be done by day labour under the direction of the officer who has the superintendence of the work, and, in each case, in conformity with article 934 and following.

M.C. 1916, a. 582; 1984, c. 47, s. 213.

861. In the case of a bridge to be built, in whole or in part, with the moneys of Québec, the procès-verbal or the by-law need not contain a plan, or specifications, or a description of the work; but it shall be sufficient to state, in the procès-verbal or by-law, that the bridge will be built according to the plans, specifications, regulations or direction of the Government or of the department granting the funds, or of the officers of such department.

M.C. 1916, a. 583.

862. Every procès-verbal may, in addition, determine the general mode of constructing or repairing the road, bridge or watercourse, and works connected therewith.

M.C. 1916, a. 584.

863. The special superintendent must deposit the procès-verbal or the report drawn up by him, in the office of the municipality by which he was appointed, within the time fixed by article 852 or fixed by the council in the case of article 856.

M.C. 1916, a. 585; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

864. If it appears to the secretary-treasurer at whose office such procès-verbal or report has been deposited, that the work to be performed is work falling within the jurisdiction of another municipality, he must, without delay, transmit the procès-verbal and all the proceedings connected therewith, to the office of the municipality to which they belong, for examination and homologation by its council, or by the board of delegates, as the case may be.

If the work in question comes under the jurisdiction of more than one regional county municipality, the procès-verbal and proceedings connected therewith must be transmitted to the office of the regional county municipality in whose territory the work was originally proposed, to be afterwards submitted to the board of delegates.

For the purposes of the second paragraph, a local municipality whose territory is not included in that of a regional county municipality is considered to be a regional county municipality.

M.C. 1916, a. 586; 1996, c. 2, s. 376; 2002, c. 37, s. 105.

865. The council or board of delegates concerned, at any time after the procès-verbal has been deposited at the office of the municipality under article 863 or 864, may homologate such procès-verbal, with or without amendments, or reject the same; provided that public notice has been given by the secretary-treasurer of such municipality or by the secretary of the board of delegates, to the parties interested, of the time and place at which the consideration of such procès-verbal is to commence.

Every person interested is entitled to be heard by the council or by the board of delegates, at the time appointed for the consideration of such procès-verbal.

M.C. 1916, a. 587; 1996, c. 2, s. 455.

866. The council or the board of delegates, in any decision on the merits of a procès-verbal, may tax the costs of the proceedings, and cause them to be paid by the parties interested, by the municipality or by any other person, in its discretion.

In the absence of a decision by the council or by the board of delegates, the costs incurred may be recovered from the municipality under whose direction the special superintendent acted, saving its recourse against the petitioners who applied for the procès-verbal.

Such costs may be recovered by an ordinary action.

M.C. 1916, a. 588; 1996, c. 2, s. 455.

867. The secretary-treasurer of the municipality, or the secretary of the board of delegates, is bound, without delay, to give public notice of the homologation of any procès-verbal made under this Chapter.

M.C. 1916, a. 589; 1996, c. 2, s. 455.

868. Every procès-verbal comes into force at the expiration of 15 days after the public notice given under article 867; but it shall cease to be in force if the work thereby ordered is not performed within five years from its coming into force.

M.C. 1916, a. 590.

869. If any work ordered to be performed by a procès-verbal or by a by-law in force is falling to pieces or becoming ruinous, or is likely to fall from decay, it may be repaired or rebuilt under such procès-verbal or by-law, by observing the formalities prescribed therein, or with the amendments made by the council, if such procès-verbal or by-law has been amended.

The rebuilding or repairing of such work may, however, only be ordered by the council on the report of the municipal inspector establishing that it is necessary to perform such work.

M.C. 1916, a. 591.

870. Every procès-verbal in force may, at any time, by amended or repealed by the municipality, by by-law, on petition of one or more interested parties, or on the order of the council, provided that public notice be in every case given by the secretary-treasurer of the municipality or by the secretary of the board of delegates, to the parties interested, of the place where and the time when the consideration of the procès-verbal shall be begun.

M.C. 1916, a. 592; 1996, c. 2, s. 455.

871. A copy of every procès-verbal homologated by the council of a regional county municipality or by a board of delegates, must be transmitted without delay to the office of the local municipality in whose territory the watercourse governed by such procès-verbal is situated either in whole or in part.

M.C. 1916, a. 593; 1996, c. 2, s. 377.

CHAPTER VII ACT OF APPORTIONMENT

872. If the procès-verbal does not dispense with the making of an act of apportionment, the work required by such procès-verbal need not be performed by the ratepayers until an act of apportionment has been drawn up and comes into force.

M.C. 1916, a. 594.

873. Within 30 days after the coming into force of any procès-verbal, the special superintendent must draw up and file, at the office of the municipality in which the procès-verbal is deposited, an act of apportionment of the work to be done under such procès-verbal, unless an express provision of the procès-verbal dispenses therewith.

M.C. 1916, a. 595; 1996, c. 2, s. 455.

874. Every act of apportionment must indicate:

(1)  the work and the procès-verbal to which it relates;

(2)  the work to be done;

(3)  the taxable immovable property by the owners or occupants of which such work must be performed;

(4)  the proportion of the work which must be done by each of them;

(5)  the amount of the contribution which must be made by them in money, labour or materials;

(6)  the place where and time when, and the officers to whom such contribution must be delivered.

M.C. 1916, a. 596.

875. If the special superintendent has not drawn up and filed the act of apportionment within the time prescribed by article 873, the council in whose office such act should have been filed may order such special superintendent or any other person to draw up or file the same within a fixed time.

M.C. 1916, a. 597; 1999, c. 40, s. 60.

876. Whenever the council so orders, a new act of apportionment may be made of the work ordered under an old procès-verbal, if the repair or rebuilding ordered by such procès-verbal is in question.

M.C. 1916, a. 598.

877. The act of apportionment comes into force 15 days after it has been filed in the office of the municipality, provided that public notice of the filing thereof has been given within such time.

M.C. 1916, a. 599; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

878. Every act of apportionment is annexed to the procès-verbal to which it relates.

In the case mentioned in article 871, a copy thereof must be transmitted without delay to the office of the local municipality in whose territory the watercourse is situated either in whole or in part.

M.C. 1916, a. 600; 1996, c. 2, s. 378.

879. The municipality in whose office an act of apportionment is filed may amend such act, on the petition of any ratepayer or of the municipal inspector, after having given public notice to the parties interested, of the place, day and hour at which the consideration of the petition and the amendment of the act of apportionment are to be proceeded with, and after having heard any interested party who desires to be heard.

Every amendment to such act of apportionment comes into force 15 days after the passing thereof.

M.C. 1916, a. 601; 1996, c. 2, s. 455.

880. No provision of any act of apportionment may be inconsistent with those of the procès-verbal to which it relates.

M.C. 1916, a. 602.

881. Unless by by-law or procès-verbal the council otherwise orders, the contribution of the persons liable for work on roads and bridges is based, as to the bridges, upon the value, and, as to the roads, upon the area of the immovable property subject thereto.

M.C. 1916, a. 603.

CHAPTER VIII PERSONS LIABLE FOR WORK ON ROADS, BRIDGES AND WATERCOURSES IN THE ABSENCE OF A PROCÈS-VERBAL OR BY-LAW

DIVISION I GENERAL PROVISIONS

882. The provisions of this Chapter, excepting those contained in article 885, and in the third paragraph of article 891, are applicable only in the absence of a procès-verbal or by-law.

M.C. 1916, a. 604.

883. The burden of proving that any municipal road, bridge or watercourse is not subject to this Chapter, is always upon the party claiming the exemption.

M.C. 1916, a. 605.

DIVISION II FRONT ROADS

884. The front road of each lot is kept in repair by the owner or occupant of such lot.

If a lot is owned or occupied in portions, by two or more persons, such owners or occupants are jointly and severally liable for the work to be done on the whole of the front road of such lot, even in the case when the part of the lot owned or occupied by them does not border upon the road, saving their recourse against each other in proportion to the value of the land occupied by each.

M.C. 1916, a. 606.

885. No one is bound to keep in repair on one and the same parcel of land, in a depth of 1,75 km, more than one front road governed by this Chapter.

If there is more than one front road on any piece of land of such depth, to be kept in repair in accordance with this Chapter, the council must declare which of such roads is to be kept in repair by the owner or occupant of the lot; and the other front roads are deemed to be by-roads.

In default of such declaration, the owner or occupant is liable for work only upon the road in closest proximity to his residence.

M.C. 1916, a. 607; 1984, c. 47, s. 213; 1999, c. 40, s. 60.

DIVISION III BY-ROADS

886. The work of keeping by-roads leading from one range to another in repair, is performed by the proprietors or occupants of the taxable immovable property in the range to which such by-roads lead from any older range.

M.C. 1916, a. 608.

887. Repairs to be made on such by-roads are not executed by the labour of the parties bound to maintain the same, but by contribution in money, levied by the municipal inspector, on the taxable immovable property by reason whereof such parties are liable for such repairs, by means of an act of apportionment made by such officer, according to the rule prescribed by article 881, and approved by resolution of the council.

M.C. 1916, a. 609.

888. Such work, every year, is publicly given out by the municipal inspector, after public notice, to the lowest tenderer, during the month of October for the period included between 1 November and 13 April inclusive, and in the month of April for the period included between 1 May and 31 October inclusive, who offers satisfactory security for the performance of such work.

The council may, by resolution, order that such work shall be given out for a period of not more than five years, in the same manner and according to the formalities mentioned in articles 934 and following.

M.C. 1916, a. 610.

889. All work on by-roads leading exclusively to ferries or toll-bridges, is done by the owners or occupants of such ferries or toll-bridges.

M.C. 1916, a. 611.

890. The work on any other by-road is done at the expense of the municipality.

M.C. 1916, a. 612; 1996, c. 2, s. 379.

DIVISION IV BRIDGES

891. In the absence of any procès-verbal or by-law respecting it, the work of constructing, improving or maintaining any bridge situated on a front road is performed at the cost of all the owners or occupants of the immovable taxable property comprised in the range in which such front road is situated, and the work upon a bridge situated upon a by-road is at the cost of persons liable for such work on such by-road.

The work of constructing or improving such bridge is in such case performed by contract given out in the manner prescribed in Title XXI (articles 934 to 953), and repairs are made according to the rules laid down in articles 887 and 888.

Every bridge must cover the whole width of the road, unless it has at least 2,50 m arches, in which case it must be at least 4,50 m wide between the railings or other sufficient guards with which it must be provided.

M.C. 1916, a. 613; 1984, c. 47, s. 213.

DIVISION V WATERCOURSES

892. In the absence of any by-law, deed of agreement, or procès-verbal, the work on a municipal watercourse is performed by the owner or occupant of each piece of land through which such watercourse passes. If a watercourse passes between two pieces of land, it is at the joint cost of the owners or occupants of the same.

Nevertheless, in the case mentioned in article 789, and in the absence of a by-law, deed of agreement, or procès-verbal, the work is at the cost of the owners or occupants of the low and swampy lands drained by the watercourse.

M.C. 1916, a. 614.

CHAPTER IX DRAINAGE OF AGRICULTURAL LAND

DIVISION I INTERPRETATION

893. For the purposes of this Chapter, this following words have the meaning hereinafter respectively assigned to them:

the word “construction” means original works, as well as works of improvement or maintenance, of any ditch, watercourse, underground ditch or other work of the same kind;

the word “ditch” includes every kind of drain, open or covered wholly or in part, and whether or not in the channel of a natural stream, creek or watercourse, and also the incidental works and material necessary for bridges, connections and other works.

1920, c. 83, s. 1.

DIVISION II GENERAL PROVISION

894. Subject to the provisions hereinafter set forth, any owner or occupant of immovable property who wishes to construct artificial drainage works, either open or by means of underground pipes, which require, on the part of the owners or occupants whose lands are in the neighbourhood, other than those already obliged thereto, additional works to provide a sufficient outlet, may, by complying with this Chapter, obtain such outlet.

1920, c. 83, s. 1.

DIVISION III FORMALITIES

895. (1)  The owner or occupant of any immovable property who is about to commence or has commenced the construction of a ditch, for the purpose mentioned in article 894, shall be bound to notify, in writing, every owner or occupant of immovable property who will be affected by the proposed works, and to call them together to discuss the project.

(2)  The time allowed by the notice must be seven clear days, from the mailing of the notice or from its delivery by hand to the day fixed by the notice for the meeting.

(3)  Such notice must contain the date, place and hour of the meeting, as well as the nature, extent and probable cost of the proposed work, and, according to their respective interests therein, the share to be borne by each interested party, the work he must do, and the material he must supply.

1920, c. 83, s. 1; 1999, c. 40, s. 60.

896. Every owner or occupant whose property is affected and to whom the notice mentioned in article 895 has been sent, may, within five days of the receipt of the said notice, or, if no notice has been given him, within five days from the notification given him by the special superintendent, as hereinafter provided, inform, in writing, the person who has called the meeting of his intention to submit the question of the advisability or necessity of the work to the decision of the Court of Québec.

1920, c. 83, s. 1; 1949, c. 59, s. 65; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66.

897. Such recourse is exercised by a summary petition, and must be served within the 20 days following the notice of his intention to avail himself of the exercise of such recourse.

The proceedings shall be summary and may be heard by a judge in chambers.

1920, c. 83, s. 1; 1949, c. 59, s. 66; 1965 (1st sess.), c. 17, s. 2.

898. If the conclusions of the petition are dismissed, or if the interested party does not avail himself of article 896, the question of the advisability or necessity of the work shall not be liable to further contestation.

1920, c. 83, s. 1.

DIVISION IV WORK DONE BY MUTUAL CONSENT

899. If the interested parties agree they shall have a deed of agreement prepared, with as many duplicates as necessary. One duplicate shall be filed at the office of the secretary-treasurer of the municipality, or, if the properties are situated in the territory of more than one local municipality, then at the office of the secretary-treasurer of each of the municipalities in whose territory the properties affected are situated; and, from and after the date of such filing, the deed of agreement shall be binding upon the parties who have signed the same.

If the deed of agreement concerns a watercourse governed by a procès-verbal or a by-law, it is substituted, de jure, for such procès-verbal or by-law.

1920, c. 83, s. 1; 1996, c. 2, s. 380.

DIVISION V PROCEEDINGS WHEN THERE IS NO AGREEMENT

900. If the persons summoned under article 895 neglect or refuse to discuss the question, or if the parties fail to agree, or if the petition mentioned in article 897 has been dismissed, the council of the local municipality in whose territory is situated the property of the owner or occupant who has taken the initiative, must, on the petition of the latter, or, in the case mentioned in article 921, on petition of the majority of the interested parties, appoint, by resolution, a competent person as a special superintendent, and instruct him to visit the places mentioned in the petition, to hear all the interested parties, and to prepare in writing, within 30 days of his appointment, or within a time fixed by the council, a procès-verbal accompanied by plans and specifications of the work to be performed, of the apportionment and of the share of each one in the construction and maintenance of the ditch or watercourse.

The resolution must also provide for the remuneration of the special superintendent.

1920, c. 83, s. 1; 1996, c. 2, s. 381; 1999, c. 40, s. 60.

901. The special superintendent, after taking the oath of office, must call, hold and preside over a public meeting of the ratepayers interested in the proposed works, at the day, place and hour that he has fixed and of which he gives public notice.

Every interested ratepayer present at the meeting has a right to be heard.

The special superintendent may, after the public meeting of the ratepayers interested in the proposed works, visit such ratepayers at their respective domiciles, and obtain from them all information he may require, and especially so as to determine how the work is to be performed and the share of each one in the said work. He, as well as persons under his control, may pass over private property in the discharge of his duties, without thereby incurring any liability, provided he does no unnecessary damage thereto.

If, upon examining the place, the special superintendent is of opinion that any lot belonging to a person who was not notified, will be affected by the work, he may call another meeting by means of a notice given as above mentioned.

1920, c. 83, s. 1.

902. The procès-verbal, in addition to the details contained in the plans and specifications, must mention:

(1)  the works to be done and the time within which they must be done;

(2)  the taxable properties of owners or occupants bound to do the works or to contribute to the cost thereof;

(3)  the share of the work to be done by each ratepayer, if the nature of the works allow, in case the work is to be done by the ratepayers themselves;

(4)  the extent and area of each lot drained, wholly or in part, by the ditch or watercourse;

(5)  the nature and quality of the materials to be used for the underground construction of the covered part of the drain;

(6)  the nature, extent and probable cost of the work.

1920, c. 83, s. 1; 1999, c. 40, s. 60.

903. Every act of apportionment must indicate:

(1)  the work and the procès-verbal to which it relates;

(2)  the work to be done;

(3)  the taxable properties by the owners or occupants of which such work must be performed;

(4)  the proportion of the work to be done by each of them;

(5)  the amount of the contribution which must be made by each, in money, labour or materials;

(6)  the place where, the time when, and the officers to whom such contribution shall be delivered.

1920, c. 83, s. 1.

904. If the special superintendent is of the opinion, on account of the nature of the work or for other reasons, that the work should be done by contract, the procès-verbal should contain a finding to that effect, with the reasons.

1920, c. 83, s. 1.

905. The procès-verbal along with the plans, specifications and the act of apportionment, shall be filed by the special superintendent, within the time fixed, at the office of the secretary-treasurer of the municipality that appointed him.

Notice of such filing shall be given by the secretary-treasurer to every interested party. The latter may take communication of the record and make extracts therefrom or copies thereof during ordinary office hours.

1920, c. 83, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

906. If the work affects lands situated in the territory of two or more local municipalities, duplicates of the procès-verbal, the act of apportionment and the documents hereinabove enumerated, shall be filed at the office of each of such municipalities.

1920, c. 83, s. 1; 1996, c. 2, s. 382.

907. The municipality, after the expiration of the time during which the procès-verbal and the act of apportionment should be filed, in case they have not been, or after having considered them after having been filed, may homologate the procès-verbal and the act of apportionment, or may give new instructions to the special superintendent to the effect that he must prepare another procès-verbal or amend the plans and specifications and the act of apportionment, or may appoint another special superintendent in the place of the first.

The powers and duties of the one who replaces him are the same as those of the special superintendent appointed in the first place.

1920, c. 83, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

908. The procès-verbal and the act of apportionment come into force after their homologation by the council.

1920, c. 83, s. 1.

909. In the case mentioned in article 906, the procès-verbal and the act of apportionment must be homologated by the council of each of the municipalities for that part which concerns such municipality.

Nevertheless, the work shall be performed under the authority of the council of the municipality in whose territory the initiative has been taken for the work in question, according to article 900.

1920, c. 83, s. 1; 1996, c. 2, s. 383.

910. In every case where the work should be done by contract, according to the conclusions of the procès-verbal, the secretary-treasurer of the municipality which has taken the initiative shall give a public notice, setting forth briefly the work to be done, the time imposed, and the date before which tenders for such work must be filed.

1920, c. 83, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

911. The above notice is given by the secretary-treasurer of the municipality which has taken the initiative in the work, and all proceedings respecting the contract are carried out by the latter.

1920, c. 83, s. 1; 1996, c. 2, s. 455.

912. Every contract for work shall be awarded by resolution.

1920, c. 83, s. 1.

913. The contract shall be made in the name of the municipality and accepted by the council or by a person authorized thereto.

1920, c. 83, s. 1; 1996, c. 2, s. 455.

914. The contractor must give security, to the satisfaction of the council, for the complete performance of the work, and for payment of all damages, costs and interest.

1920, c. 83, s. 1.

915. The municipality with which the contract is made may take action before any court to compel the execution thereof.

1920, c. 83, s. 1; 1996, c. 2, s. 455.

916. The other municipalities interested in the work to which the contract refers, may likewise take such action, but not until 15 days after having given to the municipality which is a party to the contract a special notice calling upon it to institute proceedings.

1920, c. 83, s. 1; 1996, c. 2, s. 455.

917. Such work is carried out according to the plans and specifications of the special superintendent, and is subject to his inspection both before and after completion.

He shall file his final inspection report with the secretary-treasurer of the municipality by which he was appointed, and the latter shall apportion the share payable by each and proceed to collect the amounts due, according to the ordinary method of collecting assessments and apportionments.

1920, c. 83, s. 1; 1996, c. 2, s. 455.

918. The amount due by any owner or owners, occupant or occupants of property situated in the territory adjoining that of another local municipality, is paid by the latter, on receipt of a copy of the act of apportionment, and is collected by it from those liable therefor according to the ordinary method of collection.

1920, c. 83, s. 1; 1996, c. 2, s. 384.

DIVISION VI MAINTENANCE

919. In case one of the owners or occupants fails to maintain that part of the ditch or watercourse entrusted to him, each of the other interested parties may, by notice, call upon him to do such maintenance work, and, if such work is not done within 30 days, the special superintendent appointed therefor by the council, after examination and investigation, shall have such work done at the expense of the person liable therefor, and shall file at the office of the secretary-treasurer of the local municipality in whose territory the property is situated, for collection, a statement of the cost of such maintenance work.

1920, c. 83, s. 1; 1996, c. 2, s. 385.

DIVISION VII APPLICATION OF THIS CHAPTER

920. This Chapter shall apply only to a ditch the cost of construction of which is not more than $15 000.

1920, c. 83, s. 1; 1992, c. 27, s. 48.

921. In case the proposed work must cross eight or more lots, the council of the local municipality, by resolution passed on the petition of the majority of all the interested owners or occupants, shall name a special superintendent, and the latter shall proceed according to articles 900 and following.

1920, c. 83, s. 1; 1996, c. 2, s. 386.

922. The only owners or occupants who may be so called together and obliged to contribute to the building, digging or maintenance of such a ditch are those whose lands are situated within 875 m of the proposed ditch.

1920, c. 83, s. 1; 1984, c. 47, s. 213.

923. Every tenant, usufructuary or occupant of a lot to whom notice has been given under this Chapter must immediately inform the owner thereof. On failure so to do, he shall be liable for all damages in respect of the damage caused thereby.

1920, c. 83, s. 1; 1999, c. 40, s. 60.

DIVISION VIII PENAL PROVISIONS

1992, c. 61, s. 194.

924. Every person who in any way whatsoever interferes to injure or prevent the special superintendent from performing his duties is liable to a fine of $25.

1920, c. 83, s. 1; 1990, c. 4, s. 255.

TITLE XX FERRIES

925. Every ferry on any river or other body of water is under the control of the local municipality in whose territory such river or body of water is situated, and under the superintendence of the municipal inspector of such municipality.

M.C. 1916, a. 615; 1996, c. 2, s. 387.

926. If a river, stream or other body of water separates the territory of one local municipality from that of another, the ferry is under the joint jurisdiction of the local municipalities whose territory is bounded by such river, stream or body of water, and under the joint superintendence of the municipal inspectors of said municipalities.

M.C. 1916, a. 616; 1996, c. 2, s. 388.

927. (1)  Every local municipality may make, amend or repeal by-laws:

(a)  to regulate the ferries which are under its direction, and to determine the amount to be paid and the conditions to be observed to obtain any ferry license;

(b)  to fix and approve the tolls payable for crossing such ferries either in a boat, steamboat or other craft.

(2)  Nevertheless, no by-law passed under this article may fix or approve the tolls payable by certain persons at a less sum than those payable by others, nor give to certain persons or localities advantages refused to others.

M.C. 1916, a. 617; 1996, c. 2, s. 455.

928. If the ferry is under the joint control of two local municipalities, as mentioned in article 926, either municipality may make by-laws respecting such ferry, under article 927; but such by-laws have no force or effect until they are approved by a resolution of the other municipality, or, in default of such resolution, by the Lieutenant-Governor.

M.C. 1916, a. 618; 1996, c. 2, s. 455.

929. No person may carry on the occupation or trade of a ferryman without a license to that effect; any one so acting without a license incurs a fine of not more than $4 for each person or thing ferried by him.

Such license cannot be issued for a period exceeding 10 years.

M.C. 1916, a. 619.

930. In the case mentioned in article 926, the license is given by the two municipalities interested, in conformity with the by-laws in force to that end, or, if such municipalities do not agree, then by the Lieutenant-Governor, in conformity with the by-laws made under article 928 and approved by him.

M.C. 1916, a. 620; 1996, c. 2, s. 389.

931. The moneys derived from any license granted by the Lieutenant-Governor belong in equal shares to the two municipalities interested.

M.C. 1916, a. 621; 1996, c. 2, s. 390.

932. Neither the local municipality nor the Lieutenant-Governor may grant any ferry license within the territory for which an exclusive privilege has, by any law, been conferred on the proprietor of a toll-bridge.

M.C. 1916, a. 622; 1996, c. 2, s. 455.

933. (Repealed).

M.C. 1916, a. 623; 1916 (2nd sess.), c. 85, s. 1; 1996, c. 2, s. 391; 2001, c. 25, s. 52.

TITLE XXI PUBLIC WORKS OF MUNICIPALITIES AND AWARDING OF CONTRACTS BY SUCH MUNICIPALITIES FOR THE SUPPLY OF EQUIPMENT AND SERVICES

1996, c. 2, s. 455.

934. All public works of municipalities the execution whereof is not specially governed by this Code, are performed at the expense of the municipality which orders them, by contract awarded and passed according to this Title, or by day labour under the direction of the municipal inspector.

M.C. 1916, a. 624; 1996, c. 2, s. 392.

935. (1)  The following contracts, if they involve an expenditure of $100,000 or more, 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 article 938.0.2;

(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 subarticle, 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 subarticle 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 subarticle 1 may stipulate that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are 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 agreement on the opening of public procurement applicable to the municipality; or

(2)   the goods concerned are produced in a territory comprising Québec and any other province or territory referred to in subparagraph 1.

(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 articles 936.0.1 and 936.0.1.1, 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)  (Subarticle repealed).

This article prevails over any inconsistent provision of article 1131.

M.C. 1916, a. 625; 1977, c. 53, s. 37; 1979, c. 36, s. 45; 1983, c. 57, s. 26; 1987, c. 57, s. 763; 1992, c. 27, s. 49; 1995, c. 34, s. 41; 1996, c. 2, s. 455; 1996, c. 27, s. 85; 1997, c. 53, s. 18; 1997, c. 93, s. 90; 1997, c. 53, s. 18; 1998, c. 31, s. 54; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 2001, c. 25, s. 53; 2001, c. 68, s. 38; 2002, c. 37, s. 106.

936. A contract referred to in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2 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

The first paragraph of subarticle 2 and subarticles 3 to 8 of the first paragraph of article 935 apply to the awarding of a contract referred to in the first paragraph.

1977, c. 53, s. 37; 1979, c. 36, s. 46; 1992, c. 27, s. 50; 1996, c. 27, s. 86; 1997, c. 53, s. 19; 1999, c. 43, s. 13; 2001, c. 25, s. 54; 2002, c. 37, s. 107.

936.0.1. Subject to article 936.0.1.1, 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 has received the highest score.

For the purposes of subarticle 8 of the first paragraph of article 935, the bid having received the highest score shall be considered to be the lowest tender.

1997, c. 53, s. 20; 2002, c. 37, s. 108.

936.0.1.1. Where a contract for professional services is to be awarded, the council must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

(1)  the system must have a minimum of four evaluation criteria in addition to price;

(2)  the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price ; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

(3)  the council shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding subarticles 4 and 6 of the first paragraph of article 935;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.

The council shall not award the contract to a person other than

(1)  the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;

(2)  where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;

(3)  where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.

For the purposes of subarticle 8 of the first paragraph of article 935, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

Where a contract not covered by the first paragraph is to be awarded, the council may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third and fourth paragraphs apply.

2002, c. 37, s. 109.

936.0.2. 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 subarticle 1 of the first paragraph of article 935, the process may discriminate as permitted in the case of a call for public tenders in relation to such a contract under subarticle 2.1 of the first paragraph of article 935.

The municipality shall invite the interested parties to obtain their qualification or the qualification of their goods or services, by causing the secretary-treasurer to publish a notice to that effect in accordance with the rules set out in the third paragraph of subarticle 1 of the first paragraph of article 935.

1997, c. 53, s. 20.

936.0.3. 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 article 936.0.2.

The first paragraph does not apply where, under the process provided for in article 936.0.2, only one insurer, supplier or contractor has become qualified.

1997, c. 53, s. 20.

936.0.4. Subject to subarticles 2.1 and 8 of the first paragraph of article 935 and article 938.0.1, 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. 20; 2001, c. 25, s. 55.

936.1. A municipality may enter into a leasing contract in respect of movable property that must be acquired by tender in accordance with article 935 or 936, 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. 51.

936.2. 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 the new term.

1992, c. 27, s. 51; 1996, c. 27, s. 87.

936.3. A municipality may, in a contract awarded in accordance with article 935 or 936 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. 2.

937. In the case of irresistible force of such a nature as to imperil the life or health of the population or to seriously damage the municipal equipment, the head of the council may order any expenditure he considers necessary and award any contract necessary to remedy the situation. In such a case, the head of the council must report his actions and the reasons therefor to the council at its next sitting. However, in the case of a regional county municipality having an executive committee and if such committee sits before the next meeting, the warden shall make a substantiated report to such committee. The warden’s report is then tabled in council at the next meeting.

1977, c. 53, s. 37; 1996, c. 2, s. 393.

938. Articles 935 and 936 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of equipment or materials and that is entered into with a municipality;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object results from the use of a software package or software product designed to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  protect a prototype or original concept.

Articles 936 and 938.0.2 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.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110.

938.0.1. The Government shall, by regulation, establish the rules relating to the awarding of a contract referred to in article 938.0.2.

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 subarticle 7 of the first paragraph of article 935 or subsection 7 of section 573 of the Cities and Towns Act (chapter C-19) 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, and provide for the cases where a municipality must, to award a contract, obtain the authorization or approval of the Government or one of its ministers or bodies or comply with any rules they have established governing the awarding of contracts.

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. 57; 2001, c. 68, s. 40; 2002, c. 37, s. 111.

938.0.2. 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, if it involves 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 article 938.0.1.

2001, c. 25, s. 57; 2001, c. 68, s. 41; 2002, c. 37, s. 112.

938.0.3. 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, or a body or person exercising judicial or adjudicative functions, unless the division is warranted on grounds of sound administration.

2001, c. 25, s. 57.

938.1. 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 article 938.0.1 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. 88; 1997, c. 53, s. 21; 1998, c. 31, s. 55; 1999, c. 43, s. 13; 2001, c. 25, s. 58.

938.2. 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, articles 935 and 936 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. 14; 2000, c. 8, s. 243.

938.3. Where, following a call for tenders, the municipality receives only one conforming tender, the municipality may agree with the tenderer to enter into the contract for a price less than the tendered price without, however, changing the other obligations, if there is a substantial difference between the tendered price and the price indicated in the estimate established by the municipality.

2002, c. 37, s. 113.

938.4. A member of the council who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules set out in the preceding articles of this Title or in the regulation made under article 938.0.1 may be held personally liable toward the municipality for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an officer or employee of a municipality or such a body.

The liability provided for in the first paragraph is solidary and applies to every officer or employee of the municipality and to every person who knowingly is a 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.

2002, c. 37, s. 113.

939. 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. 27; 1994, c. 17, s. 22; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

940. 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. 27; 1996, c. 2, s. 455.

941. 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 articles 935 and 936.

1983, c. 57, s. 27; 1994, c. 17, s. 23; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

942. 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. 27; 1984, c. 38, s. 67; 1994, c. 17, s. 24; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

943. 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. 27.

944. Every local municipality may, in accordance with article 979, 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. 27; 1990, c. 85, s. 122; 1996, c. 2, s. 455; 2000, c. 56, s. 218.

944.1. 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. 32, s. 14; 1996, c. 2, s. 455.

944.2. 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. 42.

944.3. The Municipal Works Act (chapter T-14) does not apply to work carried out under a contract entered into in accordance with article 944.2.

1994, c. 33, s. 42; 1995, c. 34, s. 42.

945. (Repealed).

M.C. 1916, a. 626; 1996, c. 27, s. 89.

946. (Repealed).

M.C. 1916, a. 627; 1996, c. 2, s. 455; 1996, c. 27, s. 89.

947. (Repealed).

M.C. 1916, a. 628; 1996, c. 27, s. 89.

948. Any municipality 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. 82, s. 27; 1996, c. 2, s. 455.

949. Whenever work is under the control of the regional county municipality delegates, the notice is published, and the contract is awarded and entered into according to instructions from the board of delegates, and subject to articles 935 and 936, by the regional county municipality in whose territory initiative for the work in question is taken.

For the purposes of the first paragraph, a local municipality whose territory is not included in that of a regional county municipality is considered to be a regional county municipality.

M.C. 1916, a. 629; 1977, c. 53, s. 38; 1996, c. 2, s. 394; 2002, c. 37, s. 114.

950. The contract is binding on every municipality interested in the work to which it relates.

M.C. 1916, a. 630; 1996, c. 2, s. 455.

951. The municipality with which the contract has been made may sue before any court to enforce the performance thereof.

M.C. 1916, a. 631; 1996, c. 2, s. 455.

952. The other municipalities interested in the work to which such contract relates, may bring a similar action, but only after having given the municipality which entered into the contract, a special notice of 15 days, calling upon it to institute such action.

M.C. 1916, a. 632; 1996, c. 2, s. 455.

953. The municipality or the board of delegates under whose control such contract is being executed, must order the municipal inspector within whose jurisdiction the work is being done, to superintend its execution.

M.C. 1916, a. 633; 1996, c. 2, s. 455.

TITLE XXII ESTIMATES OF REVENUES AND EXPENDITURES

953.1. Not later than 31 December each year, the council of a local municipality must adopt the municipality’s program of capital expenditures for the following three fiscal years.

The program must be divided into annual phases. It must set out, for the period concerned, the object and amount of and means of financing the capital expenditures that the municipality proposes to make and that are to be financed over a period of more than 12 months.

1996, c. 27, s. 90.

954. (1)  Between 15 November and 31 December, the council of every local municipality shall prepare and adopt its budget 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 which must be certified by the secretary-treasurer, and 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 article 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 article 956 is respected. As soon as possible after the passing of the resolution by which the council fixes that date, the secretary-treasurer shall transmit a certified copy thereof to the Minister.

If, on 1 January, the budget is not adopted, one-twelfth 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.

1977, c. 53, s. 39; 1979, c. 72, s. 282; 1984, c. 38, s. 68; 1985, c. 27, s. 60; 1995, c. 34, s. 43; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

955. 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 latest external auditor’s report 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, 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. 65; 1996, c. 2, s. 395; 1996, c. 27, s. 91; 1997, c. 93, s. 91; 1998, c. 31, s. 56; 2001, c. 25, s. 59.

956. At least eight days before the sitting at which the budget or the three-year program of capital expenditures is to be adopted, the secretary-treasurer 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 of capital expenditures.

1980, c. 16, s. 65; 1996, c. 27, s. 92.

957. The budget or the three-year program of capital expenditures adopted, or an explanatory document on the budget or the program, 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 on the budget or the program, be published in a newspaper circulated in the territory of the municipality.

For the purposes of the first paragraph, the explanatory document on the budget is the document provided for in paragraph 8 of section 263 of the Act respecting municipal taxation (chapter F-2.1).

1980, c. 16, s. 65; 1996, c. 2, s. 456; 1996, c. 27, s. 93.

957.1. The council of a local municipality may prepare and adopt a supplementary budget to make up any anticipated deficit.

1984, c. 38, s. 69; 1996, c. 2, s. 455.

957.2. The supplementary budget shall be prepared, adopted and transmitted in accordance with articles 954, 956 and 957, adapted as required.

1984, c. 38, s. 69; 1985, c. 27, s. 61.

957.3. 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 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 the account is not sent within the prescribed time, the council is not authorized to adopt a supplementary budget.

1984, c. 38, s. 69; 1996, c. 2, s. 396.

957.4. 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. 69.

TITLE XXIII REVENUES OF THE MUNICIPALITY, THEIR ADMINISTRATION AND AUDITING OF ACCOUNTS

1996, c. 2, s. 455.

CHAPTER I REVENUES OF THE MUNICIPALITY AND THEIR ADMINISTRATION

1996, c. 2, s. 455.

958. The revenues of the municipality consist of the moneys derived from the taxes and licences which this Code authorizes it to levy, of those derived from property owned by it, and of such moneys as are paid to it under the law or under any by-law or procès-verbal.

M.C. 1916, a. 634; 1996, c. 2, s. 455.

959. All sums of money not specially appropriated form part of the general fund of the municipality.

Whenever any sum levied is more than the amount required by the municipality to meet the liabilities for which such sum was raised, the surplus falls into the general fund of the municipality.

M.C. 1916, a. 635; 1996, c. 2, s. 455.

960. All sums of money forming part of the general fund of the municipality may be employed for any purpose within its jurisdiction.

M.C. 1916, a. 636; 1996, c. 2, s. 455.

960.1. The council may pass any by-law relating to the administration of municipal finances and determine the person who is to make payments out of the funds of the municipality and the formalities to be followed.

1996, c. 27, s. 94.

961. No by-law or resolution of the council authorizing the spending of money has effect unless it is accompanied with a certificate from the secretary-treasurer indicating that the municipality disposes of sufficient funds for the purposes for which the expenditure is proposed.

This article 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 by-law or resolution to which this article 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 which the convention has effect.

1979, c. 36, s. 48; 1984, c. 38, s. 70; 1996, c. 2, s. 455; 1999, c. 59, s. 15.

961.1. The council may make, amend or repeal by-laws, to 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 article. 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 secretary-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, except in the case of a municipality having a population of 100,000 or more.

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.

1984, c. 38, s. 70; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2002, c. 37, s. 115.

962. All fees, revenues, or taxes, of every nature whatsoever, accruing or belonging to the municipality, shall be paid to and received by the secretary-treasurer alone, or by the officials designated by him for that purpose; and no other official shall, under any pretext whatsoever, receive any such fees, revenues or taxes, unless specially authorized so to do.

M.C. 1916, a. 637; 1990, c. 4, s. 256; 1996, c. 2, s. 455.

962.1. 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 by the council, may be claimed from the drawer of the cheque or order.

1985, c. 27, s. 62; 1996, c. 2, s. 455; 1996, c. 27, s. 95.

963. Every municipality may deposit at interest in a chartered bank, or invest in the public funds of Canada, or of Québec, or on first hypothec, any moneys belonging to it.

However, when the moneys are intended to form a sinking fund for the repayment of the principal of a loan or for the redemption of bonds issued, the municipality shall use the same yearly, or, as the case may be, deposit the same yearly in the office of the Minister of Finance, in the city of Québec, in conformity with sections 34 to 48 of the Act respecting municipal debts and loans (chapter D-7).

Any municipality which had any agreement with any chartered bank or other institution, for depositing a sinking fund, under any resolution or by-law or otherwise, for redeeming bonds issued by it under any such by-law previous to 28 December 1876, may, with the consent of such bank or institution, withdraw any money deposited in virtue of the same, together with the interest thereon accrued, provided the money be applied forthwith to redeem the issued bonds for which such sinking fund is payable.

Any bank or other institution in which the sinking fund mentioned in the third paragraph has been deposited, may pay over all such money, as well as the interest accrued thereon, to such municipality, on receiving a duly certified copy of a resolution to that effect.

M.C. 1916, a. 638; 1917-18, c. 28, s. 5; 1952-53, c. 46, s. 1; 1988, c. 84, s. 705; 1996, c. 2, s. 455.

964. The local municipality may, by resolution, whenever it deems it advisable, authorize the secretary-treasurer or any other officer to add a sum not exceeding 10% to all taxes to be levied on the taxable property in the territory of the municipality, to cover losses, costs and bad debts.

M.C. 1916, a. 639; 1996, c. 2, s. 397.

965. The financial year of the municipality begins on 1 January and ends on 31 December of each year, and the annual municipal taxes, assessments, licence fees, and other dues, are due and 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, on the dates fixed by the council.

M.C. 1916, a. 641; 1927, c. 74, s. 12; 1989, c. 68, s. 14; 1996, c. 2, s. 455.

CHAPTER II AUDITING OF THE MUNICIPALITY ACCOUNTS KEPT BY THE SECRETARY-TREASURER

1996, c. 2, s. 455.

DIVISION I EXTERNAL AUDITOR

2001, c. 25, s. 60.

966. 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.

If the external auditor appointed for a fiscal year is not the external auditor in office for the preceding fiscal year, the secretary-treasurer 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.

M.C. 1916, a. 642; 1921, c. 109, s. 1; 1927, c. 74, s. 13; 1930, c. 108, s. 1; 1935, c. 108, s. 7; 1938, c. 103, s. 7; 1949, c. 59, s. 67; 1952-53, c. 29, s. 20; 1965 (1st sess.), c. 17, s. 2; 1977, c. 5, s. 14; 1984, c. 38, s. 71; 1995, c. 34, s. 44; 1996, c. 27, s. 96; 1999, c. 43, s. 13; 2001, c. 25, s. 61.

966.1. 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. 71; 2001, c. 25, s. 62.

966.2. 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 external 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. 71; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2001, c. 25, s. 63.

966.3. The external auditor shall transmit his report to the secretary-treasurer not later than 31 March following the expiry of the fiscal year for which he was appointed.

1984, c. 38, s. 71; 2001, c. 25, s. 64.

966.4. In no case may the following persons act as external auditor of the municipality:

(1)  a member of the council of the municipality;

(2)  an officer or 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 relation to such a contract, or who derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.

The external auditor may be an individual or a partnership. The external auditor may entrust the work to his or its employees, but in such a case the external auditor’s responsibility shall be the same as if the work had been entirely performed by him personally.

1984, c. 38, s. 71; 1996, c. 2, s. 455; 2001, c. 25, s. 65.

DIVISION II AUDITOR AD HOC

2001, c. 25, s. 66.

966.5. At any time of the year, if it deems it expedient, the council must likewise, by one or more auditors ad hoc specially appointed for the purposes of this paragraph, have an audit made of the accounts of the municipality for all or any of the preceding five years, provided no similar audit has been made for the year or years in question.

At any time of the year, if called upon in writing so to do by at least 10 ratepayers, the council must likewise have an audit made of the accounts of the municipality for all or any of the preceding five years, provided no such audit has already been made for all or any of the years in question.

In the case of the preceding paragraph, the auditor ad hoc shall be appointed by the council, but, before appointing him, the choice which the council proposes to make must be accepted in writing by the majority of the ratepayers who have asked for the audit, and, if such ratepayers and the council fail to agree, the auditor ad hoc shall be appointed by a Court of Québec judge for the judicial district, on the petition of one of the parties after a notice of eight clear days to the other party.

The costs of such audit are payable by the secretary-treasurer if he is guilty of embezzlement or if, found to be short in his accounts, he fails to make reimbursement within the time fixed by article 969; if not, and if it be of no benefit to the municipality, they are chargeable to the persons who have applied for it.

The request in writing made to the council by at least 10 ratepayers, in accordance with this article, must be accompanied by a deposit of $500. Such deposit must be returned to the applicants if the costs of the audit are not charged to the persons who requested same.

1984, c. 38, s. 71; 1988, c. 21, s. 66; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2001, c. 25, s. 67.

966.6. The auditor ad hoc may be an individual or a partnership. He 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. 71; 1999, c. 40, s. 60; 2001, c. 25, s. 68.

967. In every case the auditor ad hoc must, at least five days before the date fixed for the audit, give special notice to the secretary-treasurer in conformity with this Code, or a written notice served upon him by a bailiff, who shall make a return of such service, calling upon such secretary-treasurer to attend and give all explanations and produce all documents that may be required of him.

If it be a question of the auditing of the accounts of a secretary-treasurer no longer in office, the secretary-treasurer in office must furnish to the auditor ad hoc, on application therefor, all papers, copies, books and documents that may be required.

M.C. 1916, a. 643; 1921, c. 109, s. 1; 2001, c. 25, s. 69.

968. If the secretary-treasurer interested refuses or neglects to comply with the order served upon him, under article 967, the auditor ad hoc must, nevertheless, proceed to the auditing of such accounts, and forward his report to the council, together with a statement of the amount of his costs and disbursements. The council, at a regular or special meeting, certifies the amount, if any, due the auditor ad hoc; and a copy of the resolution it has adopted respecting such report together with a copy of such report must be served as soon as possible upon the secretary-treasurer by a bailiff.

The auditor ad hoc must, at the same time that he forwards his report to the council, transmit a certified copy thereof to the chairman of the council.

M.C. 1916, a. 644; 1921, c. 109, s. 1; 1926, c. 69, s. 2; 1938, c. 103, s. 8; 1939, c. 98, s. 6; 2001, c. 25, s. 70.

969. Within 15 days after the service of the copy of the report, the secretary-treasurer must pay the amount of such shortage, as well as the costs and disbursements of the auditor ad hoc.

M.C. 1916, a. 645; 1921, c. 109, s. 1; 2001, c. 25, s. 71.

970. If the secretary-treasurer refuses or neglects to comply with article 969, he may be sued by the municipality or by any interested ratepayer, and may be condemned to pay the amount which he has acknowledged, or which the court has decided, that he owes, together with all such other sums as the court orders him to pay, as well as the costs of the prosecution.

This article applies likewise to the case where the secretary-treasurer declares or acknowledges the indebtedness in a deed by which the accounts are rendered, corrected or amended, and which is accepted by the council.

M.C. 1916, a. 646 (part); 1965 (1st sess.), c. 80, a. 1; 1996, c. 2, s. 455.

971. All actions or claims against the secretary-treasurer resulting from his administration are prescribed by five years from the day on which the shortage in his accounts is reported by the auditor ad hoc to the council.

M.C. 1916, a. 647; 2001, c. 25, s. 72.

972. (Repealed).

M.C. 1916, a. 648; 1996, c. 2, s. 398.

TITLE XXIV TAXES AND LICENCES

CHAPTER I GENERAL PROVISIONS

973. (Repealed).

M.C. 1916, a. 680; 1979, c. 72, s. 285; 1991, c. 32, s. 174; 1996, c. 2, s. 399.

974. (Repealed).

M.C. 1916, a. 681; 1977, c. 53, s. 40; 1991, c. 32, s. 175; 1996, c. 2, s. 399.

975. Every year, at the time fixed under the second, third or fourth paragraph of article 148, the council of the regional county municipality shall prepare and adopt the budget of the municipality for the next fiscal year, or for the current fiscal year if the council invokes an extension of time after 1 January.

The budget shall consist of as many parts as there are categories of powers exercised by the regional county municipality. A category is the whole of the powers in respect of which the representatives of the same local municipalities are qualified to take part in the deliberations and to vote.

Each part of the budget shall be adopted separately. The members of the council who are qualified to take part in the deliberations and to vote in respect of the powers forming the category to which a part relates may deliberate and vote in respect of that part.

The secretary-treasurer must forward a copy of the budget to the Minister of Municipal Affairs and Greater Montréal and to every local municipality not later than the fifteenth day following its adoption.

The Minister may order that the budget be transmitted by means of a form furnished by him for that purpose.

The copy must be accompanied with an estimate of the apportionment which is to be imposed on every local municipality under article 976.

If, on 1 January, the budget or a part of the budget is not adopted, one twelfth of each appropriation provided for in the budget or in the corresponding part of 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 or part of the budget has not yet been adopted.

1975, c. 82, s. 28; 1977, c. 53, s. 41; 1982, c. 63, s. 54; 1984, c. 38, s. 72; 1985, c. 27, s. 63; 1987, c. 102, s. 45; 1993, c. 65, s. 99; 1996, c. 2, s. 400; 1997, c. 93, s. 92; 1999, c. 43, s. 13.

976. Before 1 March every year, the secretary-treasurer of the regional county municipality, with the approval of the council thereof, must apportion among all the local municipalities concerned the sums payable to the regional county municipality for the current fiscal year under either municipal orders or former apportionments in force. He must, before the same date, transmit a certified true copy of the apportionment to the office of each local municipality.

On sufficient proof that it is impossible to make the apportionment or to transmit copy thereof before 1 March, the Minister of Municipal Affairs and Greater Montréal may allow the apportionment or transmission to be made before such later date as he may fix.

Whenever a new sum of money is required by the regional county municipality after the period fixed by this article, a fresh apportionment must be made and transmitted in the same manner by the secretary-treasurer.

This article applies subject to any by-law adopted under section 205.1 of the Act respecting land use planning and development (chapter A-19.1).

M.C. 1916, a. 682; 1975, c. 82, s. 29; 1982, c. 63, s. 55; 1991, c. 32, s. 176; 1996, c. 2, s. 401; 1999, c. 43, s. 13.

977. (Repealed).

M.C. 1916, a. 683; 1996, c. 2, s. 402.

978. All municipal taxes imposed on taxable property must be fairly apportioned according to the assessment roll in force, on all property liable for the payment of such taxes, in proportion to their taxable value, saving the case mentioned in article 808, or any other special provision.

M.C. 1916, a. 684; 1979, c. 72, s. 286.

979. The council of any local municipality 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 deems appropriate.

The council may also charge the cost of the works

(1)  to the municipality;

(2)  to the ratepayers of part of the territory of the municipality;

(3)  to ratepayers benefiting from the works when they are carried out in any part of the territory of the municipality designated as its “central sector” 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 may identify the immovables of those who benefit from the works or provide one or more criteria allowing to identify them.

This article applies for the purposes of the payment of professional fees related to the works contemplated, whether or not they were carried out.

1963 (1st sess.), c. 65, s. 8; 1968, c. 86, s. 38; 1979, c. 36, s. 49; 1982, c. 63, s. 56; 1985, c. 27, s. 64; 1996, c. 2, s. 403; 1999, c. 40, s. 60.

980. Municipal apportionments, taxes or contributions in labour or materials imposed by a local municipality are always, after they fall due, convertible into money, by a resolution of the council, after special notice to the ratepayers interested, or by the judgment of a court.

M.C. 1916, a. 685; 1996, c. 2, s. 404.

980.1. 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. 73; 1996, c. 2, s. 405.

980.2. If, in the case contemplated in article 980.1, 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. 73; 1996, c. 2, s. 455.

981. Taxes bear interest at the rate of 5% per annum from the expiration of the time prescribed therefor by article 1013 or, as the case may be, under Division IV Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes. Neither the council nor any municipal officer can remit such interest.

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 unpaid debts 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.

When the council has passed a resolution allowing a discount, under article 1007, the interest shall run only from the expiration of the term fixed for benefitting from such discount.

M.C. 1916, a. 687; 1937, c. 59, s. 2; 1950, c. 74, s. 9; 1968, c. 85, s. 2; 1968, c. 86, s. 39; 1975, c. 82, s. 30; 1982, c. 63, s. 58; 1985, c. 27, s. 65; 1989, c. 68, s. 15.

982. All municipal taxes imposed on any land may be collected from the occupant or other possessor of such land as well as from the owner thereof, or from any subsequent purchaser of such land, even when such occupant, possessor or purchaser is not entered on the valuation roll.

M.C. 1916, a. 688.

982.1. 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 due, 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, a personal tax imposed by reason of an activity carried on in a place is deemed to be a tax due by reason of the movable property of the debtor located in the place at any time throughout the period during which the tax remains due.

1994, c. 30, s. 95; 1999, c. 40, s. 60.

982.2. Registration by the municipality of a legal movable or immovable hypothec does not prevent it from exercising its prior claim.

1994, c. 30, s. 95.

982.3. 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. 95.

983. Any person, not being the owner, who pays municipal taxes imposed by reason of the land which he occupies, is subrogated without other formality in the prior claims and in the hypothecary claims of the municipality on the immovables of the owner, and may, unless there is 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.

M.C. 1916, a. 689; 1992, c. 57, s. 489.

984. Saving article 983, 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 or 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 secretary-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 of the council 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 in default.

The third party with subrogation cannot exercise his right under prior claims and legal hypothecs of the municipality more than three years after the date of payment unless, within such time, he has given written notice to the secretary-treasurer of the municipality, mentioning the balance due on his claim. The secretary-treasurer must note such notice in the books of the municipality in the same manner as the payment with subrogation and the above-mentioned time of three years shall begin to run again as from the date of the receipt, by the secretary-treasurer, of such notice, which may be renewed.

After three years from the date of payment, mention of taxes paid with subrogation shall no longer be required in the statements furnished by an officer of the council unless a notice has been received within the preceding three years in accordance with the foregoing provisions.

1929, c. 93, s. 1; 1943, c. 48, s. 5; 1992, c. 57, s. 490; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

985. Arrears of municipal taxes are 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 article 982, shall interrupt prescription with respect to all those persons.

M.C. 1916, a. 690; 1996, c. 27, s. 97; 1999, c. 40, s. 60.

986. 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 secretary-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 314 to 324 of the Education Act (chapter I-13.3).

M.C. 1916, a. 691; 1979, c. 72, s. 287; 1988, c. 84, s. 555.

987. (Repealed).

M.C. 1916, a. 692; 1988, c. 19, s. 252.

CHAPTER II IMPOSITION OF TAXES

988. All taxes are imposed by by-law or procès-verbal, except in cases otherwise provided for.

M.C. 1916, a. 695.

989. Every local municipality may impose and levy annually, within the limits determined by this Code, by direct taxation on all the taxable property in the territory of the municipality, any sum of money required to defray the expenses of administration, or for any special purpose whatever, within its jurisdiction.

The council of any local municipality may order, by by-law, that the annual property tax shall be imposed by resolution. From and after the coming into force of such by-law and until it has been repealed, such tax shall be imposed by resolution.

M.C. 1916, a. 696; 1945, c. 70, s. 8; 1950, c. 74, s. 10; 1979, c. 72, s. 289; 1988, c. 76, s. 4; 1996, c. 2, s. 406; 1999, c. 40, s. 60.

990. (1)  In addition to any property tax that it may impose and levy on serviced vacant land, the council of any local municipality 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 article, “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; and

(b)  which is adjacent to a public street bordering which water and sanitary sewer services are available.

Such tax ranks in every respect as a general property tax of the municipality, subject to this article. 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 subarticle 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)  (Subarticle repealed).

(4)  Vacant land, whether or not it is serviced, shall not be subject to the surtax provided for in this article 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 subarticle 1.

(5)  No municipality shall, for any one fiscal year, impose the surtax provided for in this article 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. 53, s. 42; 1979, c. 72, s. 490; 1980, c. 34, s. 2; 1986, c. 32, s. 15; 1991, c. 29, s. 6; 1993, c. 43, s. 16; 1993, c. 78, s. 17; 1996, c. 2, s. 407; 1999, c. 40, s. 60; 2000, c. 54, s. 12; 2000, c. 56, s. 127.

991. Every local municipality may impose and levy annually, within the limits determined by this Code, by means of direct taxation on all the taxable property, or only on the taxable property belonging to those persons who, in the opinion of its council, are specially interested in any public work under the control of the municipality, or belonging to those who specially benefit by such work, all sums of money required for the construction and maintenance of such work.

The council of any local municipality may, by by-law, enact that in the future taxes provided for in the preceding paragraph shall be imposed every year by resolution; as from the coming into force of this by-law and until its repeal, these taxes shall be imposed every year by resolution.

M.C. 1916, a. 697; 1946, c. 55, s. 14; 1950, c. 74, s. 11; 1979, c. 72, s. 291; 1988, c. 76, s. 5; 1996, c. 2, s. 408.

992. Any local 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 authority, impose a general or special tax based on the taxable property valuation.

1977, c. 64, s. 116; 1996, c. 2, s. 409; 1999, c. 40, s. 60.

993. Any local municipality may impose, in accordance with article 979, 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).

M.C. 1916, a. 698; 1979, c. 72, s. 292; 1982, c. 63, s. 59; 1996, c. 2, s. 455.

994. Every local municipality may make, amend and repeal bylaws to require every owner of a bicycle or non-motorized bicycle to obtain from the municipality an annual licence, to fix the cost of such 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.

1949, c. 71, s. 11; 1983, c. 57, s. 28; 1996, c. 2, s. 455; 1996, c. 77, s. 32.

995. Whenever a municipal by-law exacting a licence or permit provides for a fine or penalty for infringement, the municipality may, at its option, take penal action or civil suit for the cost of the permit or of the licence, even if the name of the person subject to the permit or to the licence be not entered on the valuation roll or on the collection roll.

1940, c. 72, s. 2; 1996, c. 2, s. 455.

996. The proceeds of the tax, licence or permit, as the case may be, form part of the general fund of the local municipality, which may dispose of the same according to law.

The local municipality may, however, appropriate the proceeds of licences or permits issued in favour of ratepayers residing in a specified section of the territory of the municipality, for the payment either of sidewalks or of a water-works or lighting system established for such section of the territory.

M.C. 1916, a. 704; 1927, c. 76, s. 1; 1979, c. 72, s. 294; 1996, c. 2, s. 410.

997. In addition to the taxes mentioned in this Chapter, every municipality may also impose and levy such taxes as are otherwise authorized by this Code.

M.C. 1916, a. 706; 1996, c. 2, s. 455.

998. Every tax imposed under any 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 by-law.

M.C. 1916, a. 707; 1989, c. 68, s. 16.

999. In the case of any tax imposed on any commercial partnership, in respect of the business of such partnership, such tax may be claimed and recovered in full from any member thereof.

M.C. 1916, a. 708; 1999, c. 40, s. 60.

1000. The municipality may pass such by-laws as may be necessary to enforce the collection of any tax imposed under this Chapter.

M.C. 1916, a. 709; 1996, c. 2, s. 455.

CHAPTER III COLLECTION ROLL AND COLLECTION OF TAXES

DIVISION I COLLECTION ROLL

1001. The secretary-treasurer of every local municipality must make a general collection roll, each year, in the month of October or at any time fixed by the council, which shall include all taxes, both general and special, then imposed, making separate mention thereof.

He must 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 new general roll, and it must then be included in the new general roll which the secretary-treasurer must prepare.

Notwithstanding the foregoing, in the case of article 957.3, 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 preparing the general roll.

M.C. 1916, a. 710; 1984, c. 38, s. 74; 1996, c. 2, s. 455.

1002. Every collection roll must contain in different columns:

(1)  the name and style of each owner who is a ratepayer entered on the valuation roll, or the word “unknown” if the proprietor is unknown;

(2)  the name and style of every occupant of a taxable immovable who is not the owner thereof, if such occupant is known, whether he is or is not entered upon the valuation roll;

(3)  the value entered on the assessment roll of the taxable immovable property of each ratepayer;

(4)  the amount of the rental paid by each tenant, or, in the case of an occupant, the rental value of the property;

(5)  the total value of the taxable property of each ratepayer;

(6)  the amount of arrears of taxes due by each ratepayer;

(7)  the amount of taxes payable by each ratepayer.

M.C. 1916, a. 711; 1979, c. 72, s. 295; 1991, c. 32, s. 177.

1003. Where, pursuant to the Act respecting municipal taxation (chapter F-2.1), a local municipality has a right to require the payment of a tax or tax supplement for a previous fiscal period, the amount of such tax or supplement is entered on the collection roll in the fiscal period for which the municipality requires that payment.

M.C. 1916, a. 712; 1929, c. 88, s. 22; 1979, c. 72, s. 296; 1996, c. 2, s. 455.

1004. If the collection roll is general, it must set forth in detail, in as many distinct columns, all taxes due since the making of the last general collection roll, distinguishing therein local taxes from those imposed for regional purposes.

M.C. 1916, a. 713; 1996, c. 2, s. 411.

1005. In the case of a municipality which has imposed taxes under article 553 or 994, the secretary-treasurer must enter on the general collection roll, in the column for the names of the ratepayers, the name and style of every person liable for such taxes, and in separate columns the amounts due.

M.C. 1916, a. 714; 1979, c. 72, s. 297; 1996, c. 2, s. 412.

1006. The secretary-treasurer must enter on the general collection roll and collect all municipal taxes payable in or converted into money, ordinarily collected by other municipal officers, and due or payable either to the municipality or to its officers, by persons occupying taxable immovable property in the territory of the municipality, provided that a statement certified and attested under special oath, be transmitted to the office of the municipality before the making of the general collection roll.

M.C. 1916, a. 715; 1996, c. 2, s. 413.

1007. The collection roll shall not be completed before 1 January nor until the budget of the municipality is adopted and forwarded to the Minister of Municipal Affairs and Greater Montréal.

The secretary-treasurer, upon completion of the collection roll, gives 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.

Notwithstanding any inconsistent legislative provision, any local municipality may, by resolution, allow a discount to every person paying the amount of his taxes within the time fixed by such resolution; such time shall not be of more than 50 days after the posting up of the public notice provided for in the preceding paragraph.

M.C. 1916, a. 716; 1937, c. 101, s. 1; 1949, c. 71, s. 12; 1975, c. 82, s. 31; 1977, c. 53, s. 45; 1985, c. 27, s. 66; 1996, c. 2, s. 455; 1996, c. 27, s. 98; 1999, c. 40, s. 60; 1999, c. 43, s. 13.

1008. 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. 60; 1985, c. 27, s. 67; 1986, c. 32, s. 16; 1996, c. 2, s. 455; 1996, c. 77, s. 33.

1009. The council may, within the framework of a revitalization program, exercise the powers mentioned in article 12.

1983, c. 57, s. 29; 1985, c. 27, s. 67; 1996, c. 2, s. 414; 1996, c. 77, s. 33.

1010. (Replaced).

1983, c. 57, s. 29; 1985, c. 27, s. 67; 1996, c. 2, s. 415; 1996, c. 77, s. 33.

1011. The council may, by by-law, adopt a revitalization program for the part of the territory of the municipality designated as its “central sector” 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. 29; 1985, c. 27, s. 67; 1986, c. 32, s. 17; 1996, c. 2, s. 455; 1996, c. 77, s. 34.

1011.1. 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 amount of a subsidy may in no case exceed the actual cost of the work.

1984, c. 27, s. 105; 1985, c. 27, s. 67; 1996, c. 2, s. 416.

1011.1.1. 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. 16.

1011.1.2. 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 article 1011.1.1.

1999, c. 59, s. 16.

1011.2. The council may, for the purposes mentioned in articles 1011 to 1011.1.2, 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 a subsidy 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 it determines.

The council of a municipality whose territory includes several “central sectors” 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 article 1011.

1984, c. 27, s. 105; 1985, c. 27, s. 67; 1996, c. 2, s. 417; 1996, c. 77, s. 35; 1999, c. 59, s. 17.

1011.3. Articles 1008, 1009 and 1011 to 1011.1.2 apply notwithstanding the Municipal Aid Prohibition Act (chapter I-15).

1985, c. 27, s. 67; 1996, c. 77, s. 36; 1999, c. 59, s. 18.

1012. Within 60 days following that whereon notice of the deposit of the roll is given, the secretary-treasurer shall mail a demand for payment of the taxes to every person entered on the roll. Such taxes are 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 30 days following the mailing of the said demand for payment.

The sending of such statement shall be at the expense of the municipality.

This article applies subject to section 81 of the Act respecting municipal taxation.

M.C. 1916, a. 717; 1928, c. 94, s. 17; 1944, c. 46, s. 7; 1975, c. 82, s. 32; 1977, c. 53, s. 46; 1979, c. 72, s. 490; 1989, c. 68, s. 17; 1991, c. 32, s. 178; 1996, c. 2, s. 455.

DIVISION II SEIZURE AND SALE OF MOVABLES FOR NON-PAYMENT OF TAXES

1013. If, after the expiration of the 30 days next following the demand made under article 1012 or, as the case may be, after the expiration of 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 sums due by the persons entered on the collection roll have not been paid, the secretary-treasurer may levy them, together with costs, by seizure and sale of the goods and chattels of such persons which may be found in the territory of the municipality.

M.C. 1916, a. 718; 1975, c. 82, s. 33; 1989, c. 68, s. 18; 1996, c. 2, s. 456.

1014. Such seizure and sale are made under a warrant prepared by the mayor or the warden, as the case may be, and signed and issued by the clerk of the Court of Québec or the clerk of the Superior Court, according to the amount claimed.

Such warrant is addressed to a bailiff, and must be 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 seizure of movable property in execution issued by the Court of Québec.

The mayor or warden, as the case may be, in preparing such warrant, does not incur any personal responsibility; he acts under the responsibility of the municipality on whose behalf the collection is made.

The clerk shall issue the warrant upon the filing of a certificate of the mayor or the warden, as the case may be, establishing that the debt is exigible in the amount indicated therein.

M.C. 1916, a. 719; 1949, c. 59, s. 69; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1986, c. 95, s. 89; 1988, c. 21, s. 66; 1996, c. 2, s. 455.

1015. The day and place of sale of the movables and effects so seized, must be announced by the bailiff by public notice, in the manner prescribed for judicial sales of movables.

Such notice must also state the name and style of the person whose effects are to be sold.

M.C. 1916, a. 720.

1016. If the debtor is absent, or if there is no person to open the doors of the house, the cupboards, chests, or other closed places, or in the event of refusal to open the same, the seizing officer may, by order of the clerk of the Court of Québec, of the clerk of the Superior Court or of any justice of the peace, have the same opened, in the presence of two witnesses, with all necessary force.

M.C. 1916, a. 721 (part); 1965 (1st sess.), c. 80, a. 1; 1986, c. 95, s. 90; 1988, c. 21, s. 66.

1017. The seizure and sale can be suspended only upon an opposition issued from the Court of Québec or from the Superior Court, according to the amount of the seizure. Such opposition must be accompanied by an order of suspension signed by the judge or the clerk. It is returnable within eight days, and is tried and decided according to the rules of the Code of Civil Procedure (chapter C-25).

In addition to the grounds mentioned in article 596 of the Code of Civil Procedure, opposition to annul the seizure may be taken to the competent court for any cause likely to affect the claim of the municipality.

M.C. 1916, a. 722; 1949, c. 59, s. 69; 1965 (1st sess.), c. 17, s. 2; 1986, c. 95, s. 91; 1988, c. 21, s. 66; 1996, c. 2, s. 455.

1018. The proceeds of the sale of the effects seized, the costs of seizure and sale being deducted therefrom, are applied by the secretary-treasurer to the payment of the amounts which appear on the collection roll, with interest and costs.

The surplus, if any, is paid by the secretary-treasurer to the person whose effects were so sold, or is retained by him, when a claim is made against it, until a decision has been rendered by the court, upon petition to that effect. If the claim is admitted by the defendant, the moneys are paid by the secretary-treasurer to the claimant.

M.C. 1916, a. 723.

DIVISION III SUITS FOR THE RECOVERY OF TAXES AND FILING OF THE CLAIM OF THE MUNICIPALITY IN THE SHERIFF’S OR THE CLERK OF THE COURT’S OFFICE, WHEN THERE HAS BEEN A JUDICIAL SALE

1996, c. 2, s. 455.

1019. The payment of municipal taxes may also be claimed in the name of the municipality by an action instituted in 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 municipal taxes by filed. In either case, the declaration, under oath or affidavit, establishing that the amount is due to the knowledge of the deponent, is given and subscribed to by the secretary-treasurer, who takes the oath before the mayor of the municipality which is the plaintiff, or before a justice of the peace, a commissioner for oaths or a notary.

The defendant may obtain a stay of such action if the rolls, by-laws, procès-verbaux 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.

M.C. 1916, a. 724; 1922 (2nd sess.), c. 84, s. 6; 1925, c. 89, s. 1; 1926, c. 38, s. 2; 1949, c. 59, s. 70; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1979, c. 72, s. 298; 1988, c. 21, s. 66; 1989, c. 68, s. 19; 1989, c. 52, s. 125; 1996, c. 2, s. 455.

1020. There shall be an appeal to the Court of Appeal from the final decision in all cases taken under article 1019, if the amount claimed exceeds the amount of $1,000.

1922 (2nd sess.), c. 84, s. 7; 1952-53, c. 52, s. 3; 1974, c. 11, s. 2; 1989, c. 52, s. 126.

1021. Whenever any immovable, liable for the payment of municipal taxes, has been seized and sold under authority of justice, or is the object of a petition for confirmation of title or for expropriation, the secretary-treasurer must produce the claim of the municipality, by filing within the required time, at the office of the sheriff or of the clerk of the Superior Court, as the case may be, a detailed statement of such claim, certified either by the mayor or by himself, together with the necessary vouchers.

M.C. 1916, a. 725; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

TITLE XXV SALE OF IMMOVABLES FOR NON-PAYMENT OF TAXES

CHAPTER I SALE AND ADJUDICATION OF IMMOVABLES

1022. The secretary-treasurer of every local municipality must prepare, in the course of the month of November in each year, a statement showing, in as many separate columns:

(1)  the name and style of every person indebted to the municipality for municipal taxes, as set forth in the valuation roll, if entered therein;

(2)  the amount of municipal taxes remaining due to the municipality by each of such persons or by persons unknown;

(3)  the amount of municipal taxes due by each of such persons to the officers of the municipality;

(4)  the amount of school taxes due by each of such persons, up to the date of the drawing up of such statement, if a statement of such arrears has been lodged in time in the office of the municipality, by the director general of the school board concerned;

(5)  the costs of collection due by each of such persons;

(6)  the description of all immovable property liable for the payment of the taxes mentioned in such statement;

(7)  the total amount of taxes and costs affecting such immovable property for municipal or school taxes;

(8)  all other information required by the council, and all other opportune remarks.

Such statement must be submitted to the council and approved by it.

When the date for the sale of immovables has been changed in virtue of the last paragraph of article 1026, such statement must be prepared during the fourth month preceding the month fixed for such sale.

M.C. 1916, a. 726; 1947, c. 77, s. 23; 1988, c. 84, s. 556; 1996, c. 2, s. 455.

1023. The secretary-treasurer of every local municipality must, if ordered by the council, before 20 December in each year, transmit to the office of the regional county municipality an extract from such statement as approved by the council, containing:

(1)  the name and style of every person indebted for municipal or school taxes imposed on the immovable property owned or occupied by such persons;

(2)  the description of all immovable property liable for the payment of municipal or school taxes;

(3)  the sum total of the taxes affecting such immovable property for municipal or school purposes.

The secretary-treasurer must transmit, at the same time, an extract of such statement to the office of each school board having jurisdiction in the territory where such immovables are situated.

When the date for the sale of immovables has been changed in virtue of the last paragraph of article 1026, such extract must be transmitted before the twentieth day of the third month preceding the month fixed for such sale.

M.C. 1916, a. 727; 1933, c. 121, s. 1; 1947, c. 77, s. 24; 1988, c. 84, s. 557; 1996, c. 2, s. 418.

1024. When he has received from the director general of a school board a statement of the immovables to be sold by the secretary-treasurer of the regional county municipality for school taxes and monthly fees due, the secretary-treasurer of the local municipality must, if he has not already done so under article 1023, transmit to the secretary-treasurer of the regional county municipality, before 31 December, a statement showing the amount of taxes due and affecting each such immovable property for municipal purposes; the secretary-treasurer of the regional county municipality must take such claim into account in preparing his list, and such amount shall be paid out of the proceeds of the sale made by the secretary-treasurer of the regional county municipality.

When the date for the sale of immovables has been changed in virtue of the last paragraph of article 1026, such statement must be transmitted before the last day of the third month preceding the month fixed for such sale.

1933, c. 121, s. 2; 1947, c. 77, s. 25; 1988, c. 84, s. 558; 1996, c. 2, s. 419.

1025. (Repealed).

M.C. 1916, a. 728; 1947, c. 77, s. 26; 1996, c. 2, s. 420.

1026. The secretary-treasurer of every regional county municipality must, each year, before the eighth day of the second month preceding the month fixed for the sale of immovables for non-payment of taxes, from the statements transmitted under article 1023, prepare a list showing:

(1)  the description of every immovable situated in the territory of the regional county municipality, on account of which municipal or school taxes are due, together with the names of the owners as mentioned in the valuation roll;

(2)  opposite the description of every such immovable, the amount of the taxes for which it is liable.

Such list is accompanied by a public notice setting forth that such immovables are to be sold at public auction, at the place where the sittings of the council of the regional county municipality are held, on the second Thursday of the month of March following, at 10 a.m., in default of payment of the taxes for which they are liable, and the costs incurred.

If the second Thursday of the month of March is a non-juridical day, the sale must be fixed for the next following juridical day.

In the case of Municipalité régionale de comté des Îles-de-la-Madeleine, the public notice must set forth that such immovables are to be sold at public auction on the first juridical Wednesday of the month of July following.

However, the council of the regional county municipality may, by by-law, fix any other date for the sale of the immovables. If that date falls on a non-juridical day, the sale is deferred to the next following working day.

M.C. 1916, a. 729; 1922 (1st sess.), c. 80, s. 11; 1939, c. 98, s. 7; 1940, c. 72, s. 3; 1947, c. 77, s. 27; 1995, c. 34, s. 45; 1996, c. 2, s. 421.

1027. The list and the notice accompanying it must be published in the ordinary manner in the local municipal territories in which the immovables advertised for sale are situated, and also twice in a newspaper circulated in those territories during the second month preceding the month fixed for the sale.

Such publications, in the case of immovables situated in the territory of Municipalité régionale de comté des Îles-de-la-Madeleine, must be made during the month of May.

At the time of the first publication of the list and notice, the secretary-treasurer must send a copy of the same 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 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 secretary-treasurer in charge of such sale must inform the registrar thereof by registered or certified letter.

The list may contain an abridged enumeration of the consecutive cadastral numbers of immovables belonging to the same owner.

M.C. 1916, a. 730; 1938, c. 103, s. 12; 1947, c. 77, s. 28; 1950, c. 74, s. 12; 1975, c. 83, s. 84; 1977, c. 5, s. 14; 1982, c. 63, s. 61; 1995, c. 34, s. 46; 1996, c. 2, s. 422; 1996, c. 27, s. 99; 1999, c. 40, s. 60; 2000, c. 42, s. 136.

1028. The secretary-treasurer must also, by registered or certified letter, within the time provided in article 1026, 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. 82, s. 34; 1975, c. 83, s. 84; 1999, c. 40, s. 60.

1029. For the purposes of this Title, subject to the sixth paragraph of article 1027, the description of an immovable contemplated in the second paragraph of paragraph 24 of article 25 is made up of the description of the land on which it is situated and a summary description of the immovable concerned, accompanied, if possible, with the name and address of its owner and any other indication that may help to identify it.

1979, c. 72, s. 299; 1996, c. 27, s. 100.

1030. At the time appointed for the sale, the secretary-treasurer of the regional county municipality, or some other person acting for him, sells, in the manner prescribed by article 1032, those immovables described in the list upon which taxes are still due, after making known the amount to be raised on each of such immovables, including therein a share of the costs of the sale, according and in proportion to the amount of the debt and of the disbursements that have been made to effect the sale of each of said immovables.

In all proceedings had and adopted to effect such sale, the regional county municipality shall not be responsible for errors and informalities committed by local municipalities, against which alone third parties shall have recourse.

M.C. 1916, a. 731; 1996, c. 2, s. 423.

1031. The sale can be suspended only by an opposition instituted in the Court of Québec, 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.

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 the seizure may be taken to the competent court for any cause likely to affect the claim of the municipality.

1935, c. 108, s. 9; 1938, c. 103, s. 17; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1986, c. 95, s. 92; 1988, c. 21, s. 66; 1996, c. 2, s. 455.

1032. An immovable is adjudged to the highest bidder at a public auction.

The proceeds of the sale are remitted by the secretary-treasurer to the clerk of the Superior Court of the district, to be distributed according to law.

The clerk 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 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 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 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.

After the money is distributed, the clerk is bound to file in the registry office a certified true copy of the judgment of distribution for full or partial cancellation of the registration of debts or hypothecs which have been paid, in whole or in part.

M.C. 1916, a. 732; 1979, c. 72, s. 300; 1982, c. 63, s. 62; 1983, c. 57, s. 30; 1992, c. 57, s. 491; 1999, c. 40, s. 60; 2000, c. 42, s. 137.

1033. The secretary-treasurer is entitled to $0.10 for each hundred words or figures, for every notice, list or other document in relation to the sale of immovables liable for taxes, and to $1.50 for each certificate of adjudication, or for each deed of sale, in addition to the costs of the registration thereof, until such time as such fees are otherwise established by resolution.

M.C. 1916, a. 733; 1968, c. 23, s. 8; 1995, c. 34, s. 47.

1034. The purchaser of an immovable must pay the amount of his purchase money immediately upon the adjudication.

In default of immediate payment, the secretary-treasurer either at once puts up the immovable again for sale, or adjourns the sale to the following days, or to any other day within eight days, by giving all persons present notice of such adjournment in an audible and intelligible voice.

M.C. 1916, a. 734; 1982, c. 63, s. 63.

1035. If at the time of the sale no offer is made, or if all the immovables advertised cannot be sold on the day fixed, the sale must be adjourned to the following day, or to any other day within eight days, in the manner set forth in the second paragraph of article 1034.

If no offer is made for an immovable at the adjourned sale, the costs incurred shall be exigible from the local municipality which caused it to be put up for sale.

M.C. 1916, a. 735; 1928, c. 94, s. 18; 1941, c. 69, s. 20; 1943, c. 48, s. 7; 1996, c. 2, s. 455.

1036. On payment by the purchaser of the amount of the purchase money, the secretary-treasurer sets forth the particulars of the sale in a certificate made in duplicate and signed by himself; he must deliver one of such duplicates to the purchaser.

The purchaser is thereupon seized of the immovable adjudged, and may enter into possession thereof, subject to the same being redeemed within the two years next following, and to the payment of the constituted ground rents.

The purchaser cannot, however, remove timber from such immovable during the first two years he is in possession thereof.

M.C. 1916, a. 736.

1037. The purchaser who cannot obtain delivery of the immovable adjudged may apply to any judge of the Superior Court of the district in which the said immovable is situated, by petition duly served, with a notice of at least three full days of the date of its presentation, upon any person refusing to surrender the said immovable, and obtain an order addressed to the sheriff or a bailiff commanding him to dispossess such person and put the purchaser in possession, without prejudice to the recourse of the latter against the said person for all damages and costs incurred.

1938, c. 103, s. 13.

1038. When immovables situated in the territory of a local municipality are put up for sale for municipal or school taxes, the municipality may bid for and purchase such immovables through the mayor or another person, on the authorization of the council, without being held to pay forthwith the amount of the purchase money. The municipality may also bid for and purchase such immovables at any sheriff’s sale or at any sale having the effect of a sheriff’s sale.

The bid of the municipality must not exceed the amount of the taxes, in principal, interest and costs, plus a sufficient sum to satisfy every prior or hypothecary claim of a prior or equal rank to that of municipal taxes.

M.C. 1916, a. 737; 1935, c. 108, s. 10; 1982, c. 63, s. 64; 1992, c. 57, s. 492; 1996, c. 2, s. 424.

1039. The municipality shall enter the immovables so purchased, in its own name, on the valuation, collection and special assessment rolls, and shall assess them as any other immovable liable for taxes; and such immovables shall remain liable for the municipal and school taxes as any other immovable, and shall be taxed in the same way. However, the school taxes so imposed shall not be exigible from the municipality.

If the right of redemption is exercised, the redemption price must include, in addition to the sum paid by the municipality for such immovable and 10% interest on such sum, the amount of the general and special municipal and school taxes imposed on such immovable from the day of the adjudication to the day of the redemption, or the instalments due on such taxes if they are payable by instalments.

1935, c. 108, s. 10.

1040. (Repealed).

1982, c. 63, s. 65; 1984, c. 38, s. 75; 1995, c. 34, s. 48.

1041. A list of immovables sold under this Title, setting forth in each case the name and residence of the purchaser and the price of the sale, must be transmitted by the secretary-treasurer of the regional county municipality, to the office of every local municipality in whose territory such immovables are situated, within 15 days after the adjudication; and the secretary-treasurer of every local municipality must, without delay, give a special notice to the owner or occupant of every such immovable, of the sale thereof, and of the particulars concerning it set forth in the list transmitted by the secretary-treasurer of the regional county municipality.

M.C. 1916, a. 738; 1996, c. 2, s. 425.

1042. The secretary-treasurer of every regional county municipality must, within 10 days after the adjudication thereof, transmit to the registrar a list of immovables sold for taxes under this Code.

For the performance of such duty, he is entitled to $0.20 for each immovable mentioned in the list furnished by him, of which one-half is transmitted by him to the registrar with the list, to cover the fees of the latter for the deposit and entry, and for the cancellation thereof.

The failure to forward such list, or to mention any lot therein, does not invalidate any proceedings in the matter in which such failure may occur, but the secretary-treasurer in default is responsible for any damage which may result therefrom.

M.C. 1916, a. 739; 1982, c. 63, s. 66; 1992, c. 57, s. 493; 1996, c. 2, s. 426; 1999, c. 40, s. 60.

1043. If, within two years from the day of the adjudication, the immovable sold has not been bought back or redeemed according to Chapter II of this Title (articles 1057 to 1060), the purchaser becomes the absolute owner thereof.

M.C. 1916, a. 740.

1044. Such purchaser, upon exhibiting the certificate of his purchase, and proving the payment of all municipal taxes which in the meantime have become due thereon, is entitled, at the expiration of two years’ time, to a deed of sale from the regional county municipality in whose territory such immovable is then situated.

He is also entitled to such deed of sale at any time before the expiration of such delay, 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.

M.C. 1916, a. 741; 1938, c. 103, s. 14; 1992, c. 57, s. 494; 1996, c. 2, s. 427; 1999, c. 40, s. 60.

1045. The deed of sale is executed in the name of the regional county municipality, by the secretary-treasurer, in the presence of two witnesses who sign it, or en minute before a notary.

M.C. 1916, a. 742; 1996, c. 2, s. 428.

1046. It is the duty of the warden and of the secretary-treasurer to see that the deed of sale is registered with due diligence.

M.C. 1916, a. 743.

1047. The costs of the deed of sale and of the registration thereof are payable by the purchaser, and are exigible before the deed is signed.

M.C. 1916, a. 744.

1048. The sale effected under this Chapter is a title which conveys the ownership of the immovable sold. It vests in the purchaser all the rights of the original owner, and purges the immovable from all hypothecs whatsoever to which it may be subject, except, under reserve of the last paragraph, claims for constituted ground rents, for seigniorial dues and for rents substituted therefor, and the amounts for which such immovable may be encumbered for the payment of municipal bonds issued in aid of the construction of railways and other public undertakings; and except also the rights of trustees, for the amount of any assessment imposed on such immovable for defraying the cost of building or repairing any church, sacristy, parsonage or cemetery, provided that at least eight days before such sale, the chairman of the trustees has lodged with the secretary-treasurer of the regional county municipality, whose duty it is to make such sale, a statement attested under oath before a justice of the peace, and establishing the amount of such assessment for which the immovable is liable.

In all cases, however, where the immovable in question has been adjudged and sold before the issue of the letters patent from the State, such sale merely vests in the purchaser the right of preemption, or other rights already acquired in relation to such immovable.

The adjudication of an immovable to any municipality, having an interest by reason of a prior claim or legal hypothec on 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, from the date on which the immovable ceases to be the property of the municipality.

M.C. 1916, a. 745; 1938, c. 103, s. 15; 1992, c. 57, s. 495; 1996, c. 2, s. 429; 1999, c. 40, s. 60.

1049. If the immovable sold does not exist, the purchaser is merely entitled to recover the sum paid by him, with interest at the rate of 15% per annum provided that not more than three years’ interest be paid.

If the adjudication or sale is declared null on any action brought to set aside the same, or in any other cause or contestation, the purchaser can exact only repayment of the purchase money paid by him, together with the cost of necessary repairs and of improvements which have increased the value of the immovable, up to such value, unless he prefers to remove the same, with interest upon the whole amount at the rate of 10% per annum.

M.C. 1916, a. 746; 1929, c. 88, s. 23.

1050. The action to annul the sale of an immovable effected under this Chapter, or the right to contest the legality thereof, is prescribed by two years from the date of such sale.

M.C. 1916, a. 747.

1051. If any immovable described in the list published under article 1027 is advertised for sale by the sheriff, the secretary-treasurer of the regional county municipality cannot sell such immovable, but must without delay transmit to the sheriff a statement of the sums due for taxes and costs of advertising on account of such immovable, which sums are paid out of the proceeds of the sale made by the sheriff.

Such costs incurred by the secretary-treasurer are legal costs, and rank after the costs of the seizor.

M.C. 1916, a. 748; 1992, c. 57, s. 496; 1996, c. 2, s. 430; 1999, c. 40, s. 60.

1052. Nevertheless, if 10 days before the date fixed by article 1026 or by a by-law adopted in virtue of the last paragraph of the said article, for the sale of immovables, the proceedings on the sheriff’s sale have been discontinued, the secretary-treasurer may sell the immovable in the usual manner.

M.C. 1916, a. 749; 1947, c. 77, s. 29.

1053. The municipality for whose benefit any immovable might be sold by the secretary-treasurer of the regional county municipality, may, in case such immovable is advertised to be sold by the sheriff, and the proceedings upon such sale are suspended, intervene in the cause and ask and obtain the adoption of any step having for object the rendering of any final judgment.

M.C. 1916, a. 750; 1996, c. 2, s. 431.

1054. The action to set aside or to annul any sale under this Title, or any action to enforce any claim arising from such sale, may be instituted only against the municipality whose council or officers are in default.

M.C. 1916, a. 751; 1996, c. 2, s. 455.

1055. Any sale made under the authority of this Title may be rescinded and set aside, with the consent of the municipalities interested, the owner and the purchaser.

M.C. 1916, a. 752; 1996, c. 2, s. 455.

1056. No immovable sold in default of payment of taxes, under the authority of the provisions of this Title, can be again sold the following year under the authority of the same provisions.

M.C. 1916, a. 753; 1947, c. 77, s. 30.

CHAPTER II REDEMPTION OF IMMOVABLES SOLD FOR TAXES

1057. The owner of any immovable sold under Chapter I of this Title (articles 1022 to 1056) may, within two years after the date of the adjudication, redeem the same, by reimbursing to the secretary-treasurer of the regional county municipality in whose territory such immovable is situated, the amount laid out for the purchase of such immovable, including the cost of the certificate of purchase and the notice to the registrar, with interest at 10 % per annum, every fraction of a year being reckoned as a year.

M.C. 1916, a. 754; 1996, c. 2, s. 432.

1058. Any person, whether authorized or not, may, unless a deed of sale has been granted under the second paragraph of article 1044, 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.

When the redemption is made by a person not specially authorized, the secretary-treasurer, in the receipt which he gives in duplicate, must set forth the name, style and domicile of the person effecting such redemption.

Such receipt entitles the person mentioned therein to be reimbursed the amount paid by him, with interest at the rate of 8%.

M.C. 1916, a. 755; 1938, c. 103, s. 16; 1992, c. 57, s. 497.

1059. The secretary-treasurer must, within 15 days after the redemption is effected, give special notice thereof to the local municipality in whose territory such immovable is situated, and to the purchaser, and, on demand, he must remit to the latter the amount paid into his hands, less 2.5% on the purchase money for his fees.

M.C. 1916, a. 756; 1996, c. 2, s. 433.

1060. The purchaser may compel the owner, or the person who redeems the immovable in the name of the owner, to indemnify him for all necessary repairs and improvements made by him on the immovable so redeemed, even if they are then non-existent, with interest on the whole at the rate of 10 % per annum, every fraction of a year being reckoned as a year.

The purchaser may retain possession of the immovable redeemed until payment of such claim.

M.C. 1916, a. 757; 1992, c. 57, s. 498.

TITLE XXVI LOANS AND BOND ISSUES

CHAPTER I HOW LOANS ARE CONTRACTED AND BONDS ISSUED

1060.1. Any municipality may, for any purposes within its jurisdiction, borrow sums of money by issuing bonds, notes or any other securities.

1992, c. 27, s. 52.

1061. Every loan and every issue of bonds made by the municipality, in payment or for aid, shall be effected under a by-law, subject to any provision to the contrary.

Every by-law of a local municipality referred to in the first paragraph must be approved by the qualified voters and by the Minister of Municipal Affairs and Greater Montréal.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications requires only the approval of the Minister.

Notwithstanding any inconsistent provision of this Code, every by-law of a regional county municipality referred to in the first paragraph must be approved by the Minister.

M.C. 1916, a. 758; 1917-18, c. 60, s. 19; 1921, c. 48, s. 29; 1926, c. 34, s. 7; 1928, c. 94, s. 19; 1937, c. 51, s. 6; 1941, c. 69, s. 21; 1942, c. 69, s. 9; 1963 (1st sess.), c. 65, s. 10; 1975, c. 82, s. 35; 1977, c. 5, s. 14; 1979, c. 36, s. 51; 1984, c. 38, s. 76; 1987, c. 57, s. 764; 1992, c. 27, s. 53; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

1062. 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 of the local municipality 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 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 fraction, the fraction shall be counted as a unit.

1963 (1st sess.), c. 65, s. 11; 1984, c. 38, s. 77; 1987, c. 57, s. 764; 1996, c. 2, s. 434.

1063. 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.

M.C. 1916, a. 759; 1917-18, c. 60, s. 20; 1919, c. 59, s. 26; 1933, c. 118, s. 3; 1994, c. 33, s. 43.

1063.1. 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. 49.

1064. Every bond must specify:

(1)  the name of the municipality by which it is issued;

(2)  the by-law authorizing the issue thereof;

(3)  the amount for which it is given;

(4)  the rate of interest per annum;

(5)  the time and place of payment of both principal and interest;

(6)  the date of issue.

It must also bear the signature of the head of the council or of any person authorized to sign it, as well as that of the secretary-treasurer. However, if the secretary-treasurer and his assistant are absent or if they are unable or refuse to act or if the offices of secretary-treasurer and assistant secretary-treasurer are vacant, another officer or employee of the municipality designated by the council may sign the bond in their place.

Every bond heretofore or hereafter issued shall be deemed to be validly signed if it bears the signature of each person who is required to sign it under this article on the date the bond bears or on the date it was signed. The signature of the head of the council may be printed, lithographed or engraved on the bond. The signature of the secretary-treasurer may also, with the authorization of the council, be printed, lithographed or engraved on the bond.

It must also contain all provisions necessary to give effect to the intentions of the by-law under which it is issued.

M.C. 1916, a. 760; 1930, c. 104, s. 2; 1975, c. 82, s. 36; 1983, c. 57, s. 31; 1994, c. 33, s. 44; 1996, c. 2, s. 455.

1065. (1)  Unless another previous authorization has been granted by the Minister of Municipal Affairs and Greater Montréal, no municipality may sell the bonds it is authorized to issue under a by-law, otherwise than by written tender after a public notice published in the Gazette officielle du Québec at least 15 days before the date when the tenders are to be taken into consideration at a public sitting of the council of the municipality. The Minister of Municipal Affairs and Greater Montréal may, however, prescribe any other means of publication and fix, in that case, other time limits.

(2)  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.

(3)  (Subarticle repealed).

1919, c. 59, s. 27; 1942, c. 69, s. 10; 1943, c. 39, s. 3; 1977, c. 53, s. 47; 1984, c. 38, s. 78; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 1999, c. 43, s. 13.

1066. The council of a municipality may, by resolution, commission the Minister of Municipal Affairs and Greater Montréal to receive and open the tenders provided for in article 1065 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 secretary-treasurer of the municipality together with the day and time fixed for the opening of the tenders.

For the purposes of this article, 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. 53, s. 48; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

1066.1. The council may, by by-law, on the conditions it determines, delegate to the secretary-treasurer the power to award the contract, in the name of the municipality, to the person entitled thereto in accordance with article 1065.

1995, c. 34, s. 50.

1066.2. 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 article 1065.

1995, c. 34, s. 50.

1067. (Repealed).

M.C. 1916, a. 761; 1927, c. 74, s. 14; 1966-67, c. 54, s. 6; 1984, c. 38, s. 79; 1988, c. 84, s. 705; 1995, c. 34, s. 51.

1068. Coupons to the amount of the half-yearly interest, setting forth the place of payment, signed by the persons contemplated in article 1064, and payable to the person entitled thereto under articles 1086 and 1087 when the interest specified therein falls due, may be annexed to each bond.

At the time of payment, the coupons must be handed to the secretary-treasurer; and the possession by such officer of any coupon is prima facie evidence that the half-yearly interest specified therein has been paid.

Facsimile signatures of the officers authorized to sign the bounds, obligations or debentures may be printed, lithographed or engraved upon the coupons.

M.C. 1916, a. 762; 1917-18, c. 60, s. 21; 1930, c. 103, s. 18; 1983, c. 57, s. 32.

1069. The principal and interest of every bond issued by the municipality are secured by the general funds of the municipality.

M.C. 1916, a. 763; 1996, c. 2, s. 455.

1070. In any action upon a bond, it is not necessary either to allege or to prove the notices, by-laws, statutes or other proceedings under which such bond was issued.

M.C. 1916, a. 764.

1071. As regards the formalities necessary to ensure the validity of bonds, sections 12 and 12.1 of the Act respecting municipal debts and loans (chapter D-7) shall apply.

M.C. 1916, a. 765; 1917-18, c. 60, s. 18; 1988, c. 84, s. 705; 1995, c. 34, s. 52.

1071.1. In addition to obtaining any approval required under article 1061, the municipality 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 article 1065, or a loan contracted by means of an issue of notes for an amount less than $100 000.

1984, c. 38, s. 80; 1987, c. 57, s. 765; 1992, c. 27, s. 54; 1995, c. 34, s. 53; 1999, c. 43, s. 13.

1072. Every 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 extinction of the debt, on all taxable immovables in the territory of the municipality or only on those the owners of which are bound to contribute to the repayment of such a loan, or by setting aside each year for that purpose a portion of the general revenues of the municipality. In either case, the amount paid each year into the sinking-fund must be sufficient to yield, with compound interest at a 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 means of a special tax imposed by the by-law on the immovables referred to in the second paragraph.

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 articles 989 and following and from 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.

The sinking-fund must be collected each year, and invested according to the by-laws; and the members of the council are personally and jointly and severally responsible for the collection and investment of such fund.

The annual tax may be levied from the coming into force of the by-law. Until the bonds are issued or until the loan is contracted, 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.

Only a local municipality may impose a tax under this article.

M.C. 1916, a. 766; 1930, c. 103, s. 19; 1984, c. 38, s. 81; 1992, c. 27, s. 55; 1994, c. 30, s. 96; 1996, c. 2, s. 435; 1999, c. 90, s. 8.

1072.1. Where the tax imposed is not based on the value of the immovable, the by-law may provide that the ratepayer on whose immovable the tax is imposed may exempt the 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 article.

1985, c. 27, s. 68; 1997, c. 93, s. 93.

1072.2. 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 article 1072.1, adapted as required.

1985, c. 27, s. 68; 1988, c. 84, s. 705.

1072.3. Any payment made under article 1072.1 or 1072.2 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. 68.

1073. The secretary-treasurer must make, each year, until the payment or redemption of the bonds, a special collection roll apportioning on the taxable immovable properties liable therefor, according to their respective values as shown on such valuation roll, the amount of the tax imposed on each for the interest and for the annual payment to the sinking fund.

The moneys intended for the sinking fund shall be used yearly, or, as the case may be, deposited yearly in the office of the Minister of Finance, in conformity with sections 34 to 42 of the Act respecting municipal debts and loans (chapter D-7).

Whenever, according to law, it is obligatory to deposit such moneys and the deposit is not made as prescribed, the Deputy Minister of Revenue, as well as any trustee, bondholder, ratepayer or other interested party may by an action in law compel the municipality to make the deposit, and in case a judgment to that effect is obtained against the municipality, the provisions of the law concerning the execution of judgments against municipalities, and contained in articles 1113 to 1127, shall apply.

M.C. 1916, a. 767; 1917-18, c. 28, s. 6; 1921, c. 48, s. 30; 1953-54, c. 46, s. 1; 1960-61, c. 40, s. 6; 1988, c. 84, s. 705; 1996, c. 2, s. 455.

1074. (Repealed).

M.C. 1916, a. 768; 1930, c. 103, s. 20; 1963 (1st sess.), c. 65, s. 12; 1987, c. 57, s. 766.

1075. The secretary-treasurer 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 secretary-treasurer must provide the Minister with any information requested by him with respect to the by-law.

M.C. 1916, a. 769; 1922 (1st sess.), c. 80, s. 12; 1928, c. 94, s. 20; 1930-31, c. 114, s. 7; 1937, c. 51, s. 7; 1979, c. 36, s. 52; 1982, c. 25, s. 45; 1984, c. 38, s. 82; 1987, c. 57, s. 767; 1988, c. 49, s. 44; 1989, c. 69, s. 5; 1992, c. 27, s. 56; 1999, c. 43, s. 13.

1075.1. (Repealed).

1989, c. 69, s. 6; 1992, c. 27, s. 57.

1076. Notwithstanding any inconsistent provision, the council may amend a loan by-law by 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 not considered 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 secretary-treasurer shall send a copy of the resolution passed under this article to the Minister of Municipal Affairs and Greater Montréal.

1922 (1st sess.), c. 80, s. 12; 1930, c. 103, s. 21; 1931-32, c. 55, s. 3; 1937, c. 51, s. 8; 1966-67, c. 54, s. 7; 1969, c. 82, s. 11; 1970, c. 64, s. 1; 1975, c. 82, s. 37; 1977, c. 5, s. 14; 1984, c. 38, s. 83; 1986, c. 32, s. 18; 1999, c. 40, s. 60; 1999, c. 43, s. 13.

1077. 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 msut 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 article applies, mutatis mutandis, to the approval of the resolution.

1975, c. 82, s. 37; 1977, c. 5, s. 14; 1984, c. 38, s. 83; 1992, c. 27, s. 58; 1999, c. 43, s. 13.

1078. Articles 1076 and 1077 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. 82, s. 37; 1984, c. 38, s. 83.

1079. (Repealed).

M.C. 1916, a. 770; 1984, c. 38, s. 84.

1080. (Repealed).

M.C. 1916, a. 771; 1917-18, c. 60, s. 22; 1926, c. 34, s. 8; 1928, c. 94, s. 21; 1937, c. 51, s. 9; 1942, c. 69, s. 11; 1947, c. 77, s. 31; 1982, c. 2, s. 29; 1982, c. 63, s. 67; 1984, c. 38, s. 84.

1081. (Repealed).

1979, c. 72, s. 301; 1992, c. 27, s. 59.

1082. A member of the council who, knowingly, by his vote or otherwise, authorizes the municipality to contract, or contracts himself on behalf of the latter, a loan exceeding the approved amount or a loan that has not received one or another of the approvals contemplated in this Title when such approval is required by law, 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 provided in the first paragraph is joint and several and it applies to every officer 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).

M.C. 1916, a. 772; 1975, c. 82, s. 38; 1977, c. 53, s. 49; 1987, c. 57, s. 768; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

1083. (Repealed).

M.C. 1916, a. 774; 1996, c. 2, s. 436.

1084. When the repayment of a loan is to be borne by the owners of immovable property in a part only of the territory of the municipality or by those who benefit from the works as determined under article 979, the tax to be levied each year during the term of the loan shall be assessed only on the immovables of the property 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.

1927, c. 74, s. 15; 1928, c. 94, s. 22; 1979, c. 36, s. 53; 1984, c. 38, s. 85; 1985, c. 27, s. 69; 1986, c. 32, s. 19; 1987, c. 57, s. 769; 1992, c. 27, s. 60; 1996, c. 2, s. 437.

1084.1. The by-law of a local municipality ordering a loan contemplated in article 1084 must be submitted for approval to the Minister of Municipal Affairs and Greater Montréal and to the qualified voters of the designated 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.

1987, c. 57, s. 769; 1996, c. 2, s. 438; 1999, c. 43, s. 13.

1084.2. 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 article 1084 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 majority of the qualified voters contemplated in that article who are domiciled in the territory of the municipality.

1987, c. 57, s. 769; 1996, c. 2, s. 456.

1084.3. Where repayment of 75% or more of the loan is to be borne by the owners of immovables in only a part of the territory of the municipality or by those who benefit from the works, as determined under article 979, articles 1084.1 and 1084.2 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. 769; 1996, c. 2, s. 439.

1085. The principal and interest of every bond shall be secured by the general fund of the municipality.

1947, c. 77, s. 32.

CHAPTER II REGISTRATION OF LOAN BY-LAWS

1086. A bond payable to bearer may be transferred by delivery.

A bond payable to a person designated thereon or to such person or to his order may be transferred by endorsement or delivery.

M.C. 1916, a. 778; 1983, c. 57, s. 33.

1087. 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 transfer procedure mentioned in article 1086.

M.C. 1916, a. 779; 1983, c. 57, s. 33; 1988, c. 84, s. 705.

1088. A transfer carried out in accordance with article 1086 and article 1087, where such is the case, shall vest the property thereof in the transferee and entitle him to bring action thereon in his own name.

In any such action, it is not necessary to set forth or to prove the mode by which a person became the holder of the bond, or to set forth or to prove the notices, by-laws, or other proceedings under or by virtue of which the bond was issued. It shall be sufficient to describe the plaintiff or applicant as the holder of the bond alleging the general endorsement or registration required by articles 1086 and 1087, if any, and shortly to state its legal effect and purport, and to make proof accordingly.

M.C. 1916, a. 780; 1983, c. 57, s. 33.

1089. Subject to article 1072, any bond issued by any municipality shall be valid and recoverable to the full amount thereof, notwithstanding its negotiation by such municipality at a rate less than par, and shall not be impeachable for such reason in the hands of a holder for value.

M.C. 1916, a. 781; 1996, c. 2, s. 455.

1090. (Repealed).

M.C. 1916, a. 782; 1984, c. 38, s. 86.

CHAPTER III

Repealed, 1984, c. 38, s. 87.

1984, c. 38, s. 87.

1091. (Repealed).

1928, c. 94, s. 23; 1947, c. 77, s. 33; 1948, c. 49, s. 5; 1968, c. 52, s. 12; 1984, c. 38, s. 87.

1092. (Repealed).

1943, c. 48, s. 8; 1947, c. 77, s. 34; 1977, c. 5, s. 14; 1984, c. 38, s. 87.

CHAPTER IV TEMPORARY LOANS

1093. Every municipality 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.

Every municipality may also contract temporary loans for the payment of all or part of the expenses made in respect of 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 municipality shall obtain prior authorization of the Minister of Municipal Affairs and Greater Montréal.

M.C. 1916, a. 784; 1927, c. 74, s. 16; 1947, c. 77, s. 35; 1977, c. 5, s. 14; 1984, c. 38, s. 88; 1992, c. 27, s. 61; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

1093.1. 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.

1984, c. 38, s. 88; 1992, c. 27, s. 62; 1996, c. 2, s. 455; 1999, c. 43, s. 13.

CHAPTER V WORKING FUND

1094. (1)  Every municipality 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 thereof; 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.

Only a local municipality may impose a tax under this subarticle.

(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 municipality 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 municipality may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The municipality shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.

(3)  The available moneys of such fund must be invested in accordance with article 203.

(4)  The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  A member of the 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 article, when such approval is required by law; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,

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 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).

1974, c. 81, s. 10; 1975, c. 82, s. 39; 1977, c. 5, s. 14; 1977, c. 53, s. 50; 1984, c. 38, s. 89; 1987, c. 57, s. 770; 1992, c. 27, s. 63; 1996, c. 2, s. 440; 1999, c. 40, s. 60.

CHAPTER VI FINANCIAL RESERVES

1997, c. 93, s. 94.

1094.1. Any municipality 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. However, no regional county municipality may establish such a reserve for the benefit of a specific sector.

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. 94; 2000, c. 19, s. 10.

1094.2. 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, in the case of a reserve established by a local municipality, 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. 94; 2000, c. 19, s. 11.

1094.3. The by-law establishing a financial reserve must be submitted for approval, in the case of a local municipality, to the qualified voters of the entire territory of the municipality or of the sector for whose benefit the reserve is established or, in the case of a regional county municipality, to the Minister of Municipal Affairs and Greater Montréal. 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 of a local municipality 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. 94; 2000, c. 19, s. 12.

1094.4. 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 secretary-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. 94.

1094.5. 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. 94.

1094.6. The sums allocated to a financial reserve established under this chapter must be invested in accordance with article 203.

1997, c. 93, s. 94.

TITLE XXVII

Repealed, 1996, c. 2, s. 441.

1996, c. 2, s. 441.

1095. (Repealed).

M.C. 1916, a. 785; 1917-18, c. 20, s. 38; 1996, c. 2, s. 441.

1096. (Repealed).

M.C. 1916, a. 786; 1917-18, c. 20, s. 39; 1996, c. 2, s. 441.

TITLE XXVIII EXPROPRIATION FOR MUNICIPAL PURPOSES

1097. Every municipality may, in conformity with the expropriation procedure established by law,

(1)  expropriate any immovable, part of an immovable or servitude necessary for the carrying out of work ordered by it within its jurisdiction;

(2)  expropriate, in whole or in part, any paved or gravel road in the territory of the municipality belonging to persons, partnerships or legal persons established for a private interest;

(3)  expropriate any immovable, part of an immovable or servitude it needs for municipal purposes, including the parking of motor vehicles.

The foregoing provisions of this article shall not be regarded as restricting the right which the municipality may otherwise have to acquire, by mutual agreement, immovables for the same purposes.

M.C. 1916, a. 787; 1992, c. 27, s. 64; 1996, c. 2, s. 442; 1999, c. 40, s. 60.

1098. (Replaced).

1922 (2nd sess.), c. 89, s. 1; 1992, c. 27, s. 64.

1099. (Replaced).

M.C. 1916, a. 788; 1992, c. 27, s. 64.

1100. (Replaced).

M.C. 1916, a. 789; 1982, c. 63, s. 68; 1984, c. 47, s. 213; 1992, c. 27, s. 64.

1101. No municipality may, without the consent in writing of the owner, in any manner injure any sluice, or the dam of any mill or manufactory, nor divert the course of the water which feeds such sluice, mill or manufactory, nor cause a public road to run through property mentioned in any of paragraphs a, b, c and d of article 693 of the Municipal Code of the Province of Québec of 1916.

M.C. 1916, a. 790; 1996, c. 2, s. 455.

The property described in paragraphs a, b, c and d of article 693, as they read in 1916, was the following:

(a) property belonging to Her Majesty or held in trust for her use, property owned or occupied by the corporation of the municipality in which it is situated, and the buildings in which the Circuit Courts are held and registry offices are situated;

(b) property owned or occupied by the Federal or Provincial Government;

(c) property belonging to fabriques, or to religious, charitable or educational institutions or corporations, or occupied by such fabriques, institutions or corporations for the ends for which they were established, and not possessed by them solely to derive a revenue therefrom;

(d) burial-grounds, bishops’ palaces, parsonage houses, and their dependencies.

Paragraph d was replaced in 1924 (1923-24, c. 56, s. 2).

Circuit Courts were abolished in 1953 (1952-53, c. 29, s. 3), and their jurisdiction transferred to the Magistrate’s Court (1952-53, c. 29, s. 17), which was itself replaced in 1965 by the Provincial Court (1965, 1st sess., c. 17, s. 2), in turn replaced in 1988 by the Court of Québec (1988, c. 21, s. 66).

Article 693 was repealed in 1979 (1979, c. 72, s. 288).

1102. (Repealed).

M.C. 1916, a. 791; 1996, c. 27, s. 104.

1103. In the valuation of any land taken for a public road, the value of the road which has been done away with, and which is alienated gratuitously to the expropriated proprietor under article 739, and the special advantages which such proprietor derives from the new road as laid out, must be estimated and go in reduction of the compensation which may be granted for the value of such land.

If the land is taken for any other public work, the advantages which the proprietor derives from such work are likewise estimated, and go in reduction of the compensation which may be granted for the value of such land.

M.C. 1916, a. 792; 1996, c. 27, s. 105.

1104. A municipality cannot, 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 owned or occupied by the Government of Canada or the Gouvernement du Québec;

(3)  property owned or occupied by railway companies, fabriques, or religious, charitable or educational institutions or corporations;

(4)  cemeteries, bishops’ palaces, parsonages, or their dependencies.

However, the municipality may, without the authorization of the Government, expropriate servitudes on the land of a fabrique or of a religious, charitable or educational corporation or institution, for the establishment, repair and maintenance of a waterworks or sewer system, except on lands used for purposes of worship.

M.C. 1916, a. 793; 1953-54, c. 31, s. 5; 1996, c. 2, s. 443; 1999, c. 40, s. 60; 2002, c. 37, s. 116.

1104.1. A special notice of the application to obtain the authorization referred to in article 1104 must be served on each owner concerned and such notice must state that after 30 days the application 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.

2002, c. 37, s. 117.

TITLE XXIX PENAL PROCEEDINGS

1990, c. 4, s. 257.

1105. (Repealed).

M.C. 1916, a. 803; 1945, c. 70, s. 9; 1990, c. 4, s. 258.

1106. (Repealed).

M.C. 1916, a. 804; 1990, c. 4, s. 258.

1107. (Repealed).

M.C. 1916, a. 805; 1992, c. 61, s. 195.

1108. Penal proceedings for an offence under a provision of this Code or of the municipal by-laws may be instituted by the municipality.

M.C. 1916, a. 806; 1990, c. 4, s. 259; 1992, c. 27, s. 65; 1992, c. 61, s. 196.

1109. (Replaced).

M.C. 1916, a. 807; 1990, c. 4, s. 259.

1110. 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 Code or of the municipal by-laws belong to the municipality.

M.C. 1916, a. 808; 1960-61, c. 40, s. 6; 1990, c. 4, s. 260; 1992, c. 61, s. 197.

1111. (Repealed).

M.C. 1916, a. 809; 1945, c. 70, s. 10; 1990, c. 4, s. 261.

1112. (Repealed).

M.C. 1916, a. 810; 1945, c. 70, s. 11; 1990, c. 4, s. 261.

TITLE XXX EXECUTION OF CIVIL JUDGMENTS AGAINST MUNICIPALITIES

1990, c. 4, s. 262; 1996, c. 2, s. 455.

1113. Whenever a copy of a judgment condemning a municipality to pay a sum of money has been served at the office of such municipality, the secretary-treasurer must forthwith pay the amount thereof out of the funds at his disposal, on the authorization of the council or of the head of the council in accordance with article 204.

M.C. 1916, a. 811; 1996, c. 2, s. 455.

1114. If there are no funds, or if those at the disposal of the secretary-treasurer are not sufficient, the council must, immediately after the service of the judgment of the court, order the secretary-treasurer, by resolution, to levy on the taxable property in the territory of the municipality liable for such judgment, a sum sufficient to pay the amount due, with 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.

Only the council of a local municipality may order the levying of a sum under the first paragraph.

M.C. 1916, a. 812; 1968, c. 86, s. 40; 1977, c. 5, s. 14; 1984, c. 38, s. 90; 1996, c. 2, s. 444; 1999, c. 43, s. 13.

1115. The court may, on petition presented either in or out of term, grant to the municipality, from time to time, any time which it deems necessary to levy the amount of money required.

M.C. 1916, a. 813; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

1116. If the judgment has not been satisfied within two months after the service thereof at the office of the municipality, or at the expiration of the time granted by the court, or as agreed upon by the parties, the person in whose favor such judgment was rendered, or his attorney, on producing the return of service of such judgment at the office of the municipality, and on a written requisition to that effect, may obtain from the court the issue of a writ of execution against the municipality in default. Such writ is returnable before the same court as soon as the amount of the judgment and costs has been levied.

M.C. 1916, a. 814; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

1117. Such writ is attested and signed by the clerk, sealed with the seal of the court, and addressed to the sheriff of the district that includes the territory of the municipality, and among other things it enjoins him:

(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 taxable property in the territory of the municipality liable for such judgment, in proportion to its value, as appears by the valuation roll, with the same powers and obligations, and under the same penalties, as the councils and the secretary-treasurers for whom the sheriff is, de jure, substituted for the levying of such money;

(b)  to make forthwith, if the judgment has been rendered against a regional county municipality, an apportionment between the local municipalities whose territory is included in that of the regional county municipality and to transmit, as soon as possible, a copy thereof to the office of each of such local municipalities;

(c)  to prepare without delay, and at the same time as the apportionment in the case mentioned in subparagraph b, according to the rules prescribed by article 1002, a special collection roll for each local municipality in whose territory money must be levied under the authority of such writ;

(d)  to publish such special roll in the territory of the municipality in the manner prescribed by article 1007;

(e)  to levy and collect the amounts entered on the special collection roll, in the manner and within the time prescribed by articles 1007 and 1012;

(f)  to levy such amounts with costs, on the movable property of persons who are bound to pay the same, on their failure so to do, the whole in the manner prescribed by articles 1013 to 1018;

(g)  to sell the immovable property liable for such amounts, in default of their payment, on the first juridical Monday of the following March, or July in the case of a municipality whose territory is included in that of Municipalité régionale des Îles-de-la-Madeleine, in the manner and according to the rules laid down in articles 1021 to 1060, after having given the publications and notices required by Title XXV (articles 1022 to 1060), with the necessary modifications;

(3)  to make a return to the court of the amount levied, and of his proceedings, as soon as the amount of the debt, interest and costs has been collected, or from time to time as the court may order.

M.C. 1916, a. 815; 1996, c. 2, s. 445; 1999, c. 40, s. 60.

1118. The sheriff has free access to the registers, valuation rolls, collection rolls and other documents deposited in the office of the municipality in whose territory he must levy the money, and he may command the services of the officers of such municipality, under the ordinary penalties.

M.C. 1916, a. 816; 1996, c. 2, s. 446.

1119. The sheriff must take possession of all the valuation rolls and other documents which he requires for the execution of the judgment and orders of the court.

On the refusal or neglect of the municipality or its officers to deliver up such documents, he is authorized to take possession thereof.

M.C. 1916, a. 817; 1996, c. 2, s. 455.

1120. If it is impossible for the seizing officer to obtain the valuation rolls which should serve as a basis for the collection of the moneys, or if there are no such valuation rolls, the sheriff must, without delay, proceed to make a valuation of the taxable property liable for the payment of the judgment; and he is authorized to base the apportionment or the special roll for the collection of the moneys to be levied, on such valuation as if it was the valuation given in the roll in force for such municipality.

The costs incurred in making such valuation, as taxed by the court from which the writ issued, form part of the costs of execution, and are recoverable from the local municipalities in default.

M.C. 1916, a. 818; 1996, c. 2, s. 455.

1121. The sale and adjudication of immovable property by the sheriff, in default of payment of the amount specified in the collection roll made by him, have the same effects as, but none other than, those mentioned in Title XXV (articles 1022 to 1060).

The deed of sale of the immovable is signed by the warden of the regional county municipality in whose territory such immovable is then situated, in the manner prescribed in the same Title, at the expiration of two years, if the redemption of the same has not, in the meantime, been effected.

M.C. 1916, a. 819; 1996, c. 2, s. 447.

1122. The fees, costs and disbursements of the sheriff are taxed at the discretion of the judge of the court from which the writ of execution issued.

M.C. 1916, a. 820.

1123. The sheriff must transmit a copy of his special collection roll, and any other roll or document whereof he has taken possession, to the office of the municipality to which it belongs, after having levied the whole amount set forth in the writ of execution, together with interest and costs.

M.C. 1916, a. 821; 1996, c. 2, s. 455.

1124. Arrears due under the apportionment or the special collection roll of the sheriff, belong to the municipality on whose behalf they should be levied, and may be recovered by such municipality, in the same manner as any other municipal tax.

If any surplus remains in the hands of the sheriff, it belongs to the municipality.

M.C. 1916, a. 822; 1996, c. 2, s. 455.

1125. If the municipality against which any judgment has been rendered ordering the payment of any sum of money, 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).

M.C. 1916, a. 823; 1996, c. 2, s. 455.

1126. The sheriff may obtain from the court any order calculated to facilitate and ensure the complete execution of the writ which has been addressed to him.

M.C. 1916, a. 824.

1127. If any immovable advertised to be sold by the sheriff under the authority of this Title, is advertised to be sold on the same day by the secretary-treasurer of the regional county municipality, the latter cannot sell the immovable, but must forthwith transmit to the sheriff a statement of his claim and costs, which must be added to the amount claimed by the sheriff, and be levied by him at the same time as such amount.

M.C. 1916, a. 825; 1996, c. 2, s. 448.

TITLE XXXI EXCEPTIONAL PROVISIONS FOR CERTAIN MUNICIPALITIES

1128. (1)  In the municipality of the county of Sherbrooke; in the local municipalities of the county of Compton, as it existed on 8 January 1894, less the municipalities of North Winslow and North Whitton; in the local municipalities of the counties of Stanstead, Brome, Missisquoi, Richmond, and in those of the county of Shefford less the municipalities of the townships of Milton and Roxton; in those of the county of Huntingdon less the municipality of the parish of Saint-Anicet; in the municipality of the township of Leeds less the municipality of East Leeds, if its municipal council passes a by-law to that effect; in the county of Megantic, as well as in the municipalities of L’Avenir, South Durham, the township of Kingsey, and the township of Durham, in the county of Drummond: all works on municipal roads and bridges are executed at the expense of the municipality in the same manner as if a by-law was passed to that effect under this Code.

In the first paragraph, any reference to a county municipality or to a county means the territory in which the county corporation concerned had jurisdiction immediately before it ceased to exist and any reference to another municipality, where it is related to a reference to a county municipality or to a county, means the territory in which that other municipality had jurisdiction immediately before the county corporation having jurisdiction in the same territory ceased to exist. However, in the case of the county of Compton and the municipalities of North Winslow and North Whitton, the date on which the territory is taken into consideration is 8 January 1894.

In the first paragraph, any reference to a municipality other than a county municipality, where it is not related to a reference to such a county municipality or to a county, means the territory in which that other municipality has jurisdiction or, as the case may be, had jurisdiction immediately before it ceased to exist.

The Minister of Municipal Affairs and Greater Montréal may assign another meaning to the references to municipalities and counties made in the first paragraph or assign other limits to any territory in which the rule set out in that paragraph applies. Any meaning assigned pursuant to this paragraph shall prevail over a meaning assigned pursuant to the second and third paragraphs and any limits assigned pursuant to this paragraph shall prevail over any such meaning. Any meaning or limits assigned pursuant to this paragraph may have retroactive effect to the date fixed by the Minister.

Any local municipality governed by this Code whose territory includes a territory in which the rule set out in the first paragraph applies is, subject to article 1133, deemed to be referred to in this subarticle.

(2)  The local municipalities referred to in subarticle 1 may, by by-law or resolution, order that the tax imposed for such works be commutable, in whole or in part, into statute labour according to a scale or tariff at a fixed rate. If no portion of the tax is so commuted, then the council may, each year, set apart such portion of the tax as it deems advisable, for permanent road construction or repairs the territory of the municipality; and, if only a part of the tax is commuted, then the remaining part, or such portion thereof as the council deems advisable, may in like manner be set apart. The portion of tax so set apart must not be used for any other purpose than for permanent road construction or repairs; and if it is not all employed during the year for which it is set apart, it shall remain as a separate fund available for such use during the succeeding year or years. Such permanent work shall be carried on under the supervision of the municipal inspector.

M.C. 1916, a. 826; 1947, c. 77, s. 36; 1949, c. 71, s. 13; 1996, c. 2, s. 449; 1999, c. 43, s. 13.

1129. (1)  Any of the local municipalities referred to in subarticle 1 of article 1128 may also enact such provisions as it deems most equitable for the making and maintenance of the fences along municipal roads, or for ordering that such fences and all those forming an angle with the fences of such municipal roads, for a distance of 7,60 m, be, during part of the year, kept down within 30 or 60 cm of the ground.

Any such by-law or order may be put into force, as the council may deem most equitable, either by compelling the owners of the adjacent lands to make fences or to take them down as aforesaid, or in any other manner.

(2)  This article does not apply to hedges, to picket fences nor to fences at a greater distance than 7,60 m from the road, nor to those which cannot be taken down or put up again without great expense.

M.C. 1916, a. 827; 1984, c. 47, s. 213; 1996, c. 2, s. 450.

1130. Any of the local municipalities referred to in subarticle 1 of article 1128 may also, by procès-verbal, specify the time during which any by-road shall be made, without its being obligatory on the municipality to make any particular part of such road in any special time.

M.C. 1916, a. 828; 1996, c. 2, s. 451.

1131. Any of the local municipalities referred to in subarticle 1 of article 1128 may also maintain its winter roads by adopting any of the following methods:

(1)  by day labour;

(2)  by contract;

(3)  by awarding the right to perform such work to the person who made, within the time prescribed, the lowest tender or, where the council chooses to use a system of bid weighting and evaluating in accordance with article 936.0.1, the tender having obtained the highest score.

For any of such purposes it may divide its territory into one or more road divisions, and may cause a special tax to be levied on each division to pay the cost of the work performed therein, or it may impose on all the taxable property situated in its territory a general tax for the payment of the whole of such work.

M.C. 1916, a. 829; 1996, c. 2, s. 452; 1996, c. 27, s. 106; 1997, c. 53, s. 22.

In accordance with article 1133, the following municipality is not subject to the application of articles 1128 to 1131:

Stukely-Sud (Village); (1980) 112 G.O. I, 9740.

1132. The local municipalities whose territory is

(1)  on île aux Coudres;

(2)  on île aux Grues;

(3)  included in that of the corporation of the county of Saguenay, as it existed immediately before such corporation ceased to exist, and situated east of the Betsiamites river,

possess the attributes and powers conferred upon county corporations on 14 April 1980, in addition to those conferred upon a local municipality.

M.C. 1916, a. 830; 1943, c. 48, s. 9; 1996, c. 2, s. 453.

1133. The Government may, on the petition of a municipality contemplated by this Title, exempt it by letters patent from the application of one or more provisions of this Title. The amendments made by such letters patent have the same effect as if they had been made by an Act.

The petition cannot be submitted to the Government unless a notice briefly summarizing its object has been published at least one month in advance in the Gazette officielle du Québec; within the same time, a public notice must be given in conformity with articles 431 to 433.

The Minister of Municipal Affairs and Greater Montréal shall have such letters patent published in the Gazette officielle du Québec with a notice giving the date of their coming into force. 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 letters patent granted before such volume is printed and the legislative provisions they repeal.

1979, c. 36, s. 54; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 1999, c. 43, s. 13.

1134. (This article ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE

FORM 1

(Repealed).

M.C. 1916, Form 1; 1996, c. 2, s. 454.

FORM 2

(Repealed).

M.C. 1916, Form 2; 1996, c. 2, s. 454.

FORM 3

(Repealed).

M.C. 1916, Form 3; 1996, c. 2, s. 454.

FORM 4

(Repealed).

M.C. 1916, Form 4; 1975, c. 83, s. 84; 1996, c. 2, s. 454.

FORM 4.1

(Repealed).

1987, c. 57, s. 771; 1996, c. 2, s. 455; 1996, c. 27, s. 107.

FORM 5

(Repealed).

M.C. 1916, Form 5; 1996, c. 2, s. 454.

FORM 6

(Repealed).

M.C. 1916, Form 6; 1987, c. 57, s. 772.

FORM 7

(Repealed).

M.C. 1916, Form 7; 1987, c. 57, s. 772.

FORM 8

(Repealed).

M.C. 1916, Form 8; 1969, c. 21, s. 35; 1987, c. 57, s. 772.

FORM 9

(Repealed).

1982, c. 31, s. 133; 1987, c. 57, s. 772.

FORM 10

(Repealed).

M.C. 1916, Form 9; 1980, c. 16, s. 66; 1982, c. 31, s. 134; 1987, c. 57, s. 772.

FORM 11

(Repealed).

M.C. 1916, Form 11; 1987, c. 57, s. 772.

FORM 12

(Repealed).

M.C. 1916, Form 12; 1982, c. 31, s. 136; 1987, c. 57, s. 772.

FORM 13

(Repealed).

M.C. 1916, Form 13; 1982, c. 31, s. 137; 1987, c. 57, s. 772.

FORM 14

(Repealed).

1982, c. 31, s. 137; 1987, c. 57, s. 772.

FORM 15

(Repealed).

1982, c. 31, s. 137; 1987, c. 57, s. 772.

FORM 16

(Repealed).

M.C. 1916, Form 14; 1996, c. 2, s. 454.

FORM 17

(Repealed).

M.C. 1916, Form 15 (part); 1968, c. 86, s. 30; 1996, c. 2, s. 454.

FORM 18

(Repealed).

M.C. 1916, Form 16 (part); 1968, c. 86, s. 30; 1996, c. 2, s. 454.

FORM 19

(Repealed).

M.C. 1916, Form 17; 1996, c. 2, s. 454.

FORM 20

(Repealed).

M.C. 1916, Form 18; 1996, c. 2, s. 454.

FORM 21

(Repealed).

M.C. 1916, Form 19; 1996, c. 2, s. 454.

FORM 22

(Repealed).

M.C. 1916, Form 20; 1974, c. 13, s. 36; 1996, c. 2, s. 454.

FORM 23

(Repealed).

M.C. 1916, Form 21; 1974, c. 13, s. 36; 1996, c. 2, s. 454.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), the Québec Municipal Code (1916), in force on 1 January 1984, is repealed, except articles 2, 6, 16b, 133, 773, and Title XXXI, including articles 831 and 832, effective from the coming into force of chapter C-27.1 of the Revised Statutes.