C-27.1 - Municipal Code of Québec

À jour au 1^er septembre 2020

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, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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 (Repealed).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. A municipality may have a seal.

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; 2005, c. 6, s. 197.

6.1. Unless otherwise provided, no property of a municipality may be alienated otherwise than for a consideration. Each month the secretary-treasurer of a municipality must publish a notice concerning the properties with a value greater than $10,000 that were alienated by the municipality otherwise than by auction or public tender. The notice must describe each property and indicate for each the price of alienation and the identity of the purchaser.

1996, c. 77, s. 21; 2000, c. 56, s. 218; 2005, c. 6, s. 197.

6.2. A transfer by gratuitous title or a loan for use of the rights to and licences for the processes developed by a municipality may only be made in favour of the Government, one of its ministers or bodies, a municipality, a metropolitan community, a school service centre, a school board or a non-profit body.

2005, c. 6, s. 197; 2020, c. 1, s. 309.

6.3. Unless otherwise provided, no municipality may acquire or build property mainly for leasing purposes.

2005, c. 6, s. 197.

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 service centre, 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 Société québécoise des infrastructures, so that they may be occupied by a health and social service provider within the meaning of the fourth paragraph of section 28 of the Public infrastructure Act (chapter I-8.3);

(3)  of a childcare centre or day care centre within the meaning of the Educational Childcare Act (chapter S-4.1.1), for the purpose of setting up the childcare centre or day care centre in the immovables.

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; 2005, c. 47, s. 137; 2011, c. 16, s. 180; 2013, c. 23, s. 103; 2020, c. 1, s. 309.

8. (Repealed).

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; 2005, c. 6, s. 214.

8.1. (Repealed).

1995, c. 34, s. 26; 1996, c. 27, s. 43; 2005, c. 6, s. 214.

8.2. (Repealed).

2002, c. 37, s. 93; 2005, c. 6, s. 214.

9. Every municipality may become surety for an institution, a partnership or a legal person devoted to the pursuit of purposes mentioned in the second paragraph of section 8, subparagraph 2 of the first paragraph of section 91 or the first paragraph of section 93 of the Municipal Powers Act (chapter C-47.1). A municipality may also, despite the Municipal Aid Prohibition Act (chapter I-15), become surety for a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates or the payment of interest on any category of preferred shares unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM).

However, a municipality having a population of less than 50,000 shall obtain the authorization of the Minister of Municipal Affairs, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 198; 2009, c. 26, s. 109; 2017, c. 13, s. 82; 2018, c. 8, s. 78.

9.1. (Repealed).

1995, c. 7, s. 8; 2005, c. 6, s. 214.

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 notification 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; I.N. 2016-01-01 (NCCP).

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.

The municipality and any minister or body of the Government may enter into any agreement necessary for the application of the agreement provided for in the first paragraph or that is incidental to such an agreement.

1996, c. 27, s. 44; 2002, c. 77, s. 36.

10.6. (Repealed).

1996, c. 27, s. 44; 2002, c. 77, s. 37.

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 345.2 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; 2003, c. 5, s. 26.

11. (Repealed).

1983, c. 57, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

12. (Repealed).

1983, c. 57, s. 1; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

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 by-law or resolution that authorizes a municipality to enter into a contract, other than a construction contract or an intermunicipal agreement, under which the municipality makes a financial commitment and from which arises, either explicitly or implicitly, an obligation for the other contracting party to build, enlarge or substantially modify a building or infrastructure used for municipal purposes must, on pain of nullity, be submitted to the approval of the qualified voters according to the procedure provided for loan 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2017, c. 13, s. 83.

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. (Repealed).

1985, c. 27, s. 40; 1992, c. 21, s. 134, s. 375; 1996, c. 2, s. 455; 1996, c. 27, s. 45; 2003, c. 19, s. 133; 2009, c. 26, s. 26; 2018, c. 8, s. 79; 2019, c. 28, s. 126.

14.4. (Repealed).

1985, c. 27, s. 40; 1996, c. 2, s. 455; 2003, c. 19, s. 133; 2019, c. 28, s. 126.

14.5. (Repealed).

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; 2003, c. 19, s. 133; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2019, c. 28, s. 126.

14.6. (Replaced).

1985, c. 27, s. 40; 2003, c. 19, s. 133.

14.7. (Replaced).

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; 2003, c. 19, s. 133.

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 movable property, 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.

Any contract entered into in accordance with an agreement described in the first paragraph is subject to the rules governing the awarding of contracts applicable to a municipality; however, it is only subject to the by-law on contract management of the party responsible for carrying out the agreement. To be designated responsible for carrying out the agreement, the Union and the Federation must have adopted a by-law on contract management in accordance with article 938.1.2.

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; 2011, c. 11, s. 7; 2017, c. 13, s. 275; 2018, c. 8, s. 80.

14.7.2. The party responsible for carrying out an agreement entered into under article 14.7.1 may, by agreement, delegate that responsibility to the Centre d’acquisitions gouvernementales or, as the case may be, Infrastructures technologiques Québec or to a department that is not required to call on the Centre’s services or on those of Infrastructures technologiques Québec.

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 service centres, 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 Centre d’acquisitions gouvernementales, Infrastructures technologiques Québec or a department in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1). The Minister of Municipal Affairs, Regions and Land Occupancy may, to the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to any of the municipalities concerned are observed, 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; 2003, c. 19, s. 134, s. 250; 2005, c. 28, s. 196; 2005, c. 7, s. 60; 2006, c. 29, s. 52; 2009, c. 26, s. 109; 2019, c. 28, s. 127; 2020, c. 1, s. 309; 2020, c. 2, s. 17.

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 (R.S.C. 1985, c. 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)  (paragraph revoked);

(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, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2018, c. 5, s. 64.

14.9. (Repealed).

1987, c. 12, s. 47; 1996, c. 2, s. 455; 2000, c. 10, s. 24; 2005, c. 6, s. 214.

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 enter into an agreement under subdivision 3 of Division II.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2) or 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; 2003, c. 8, s. 6; 2003, c. 16, s. 50; 2006, c. 3, s. 35; 2010, c. 3, s. 272.

14.12. Every municipality that enters into an agreement pursuant to article 14.11 has the necessary powers to meet the commitments and assume the responsibilities arising from the 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 areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas;

(5)  adopt a by-law for the purpose of exercising a regulatory power under the Act respecting the lands in the domain of the State (chapter T-8.1) or the Sustainable Forest Development Act (chapter A-18.1).

1995, c. 20, s. 37; 1997, c. 93, s. 68; 1999, c. 40, s. 60; 2001, c. 6, s. 136; 2010, c. 3, s. 273.

14.12.1. Every municipality that enters into an agreement under article 14.11 may, to the extent provided for by the agreement, institute penal proceedings for an offence committed in its territory under a legislative or regulatory provision the application of which is the subject of the agreement.

The fine belongs to the local municipality if it instituted the proceedings, and must be paid into a fund established under section 126 of the Municipal Powers Act (chapter C-47.1) by the regional county municipality whose territory contains that of the local municipality. If a regional county municipality or a local municipality whose territory is not contained in the territory of a regional county municipality institutes the proceedings, the fine belongs to that municipality and must be paid into a fund established by it under that same section. The Minister of Natural Resources and Wildlife may authorize payment into any other such 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 345.2 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; 2003, c. 8, s. 6; 2003, c. 5, s. 26; 2005, c. 6, s. 199; 2010, c. 3, s. 274.

14.12.2. The municipality may institute any proceeding and exercise any power assigned to the Minister of Natural Resources and Wildlife under sections 60 to 66 of the Act respecting the lands in the domain of the State (chapter T-8.1) or under section 68 of the Sustainable Forest Development Act (chapter A-18.1) to the extent provided for by the agreement.

1997, c. 93, s. 69; 2001, c. 6, s. 137; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2010, c. 3, s. 275.

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 agreement 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 agreement, 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; 2010, c. 3, s. 276.

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 the land areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas must be paid either by the local municipality into a fund established under section 126 of the Municipal Powers Act (chapter C-47.1) by the regional county municipality whose territory contains that of the local municipality or, in the case of a regional county municipality or a local municipality whose territory is not contained in that of a regional county municipality, by that municipality into a fund established by it under that same section.

The Minister of Natural Resources and Wildlife 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 the land areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas, 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; 2003, c. 8, s. 6; 2005, c. 6, s. 200; 2006, c. 3, s. 35; 2010, c. 3, s. 277.

14.16.1. A municipality may, by by-law, as regards the occupation of its public domain, determine

(1)  the purposes for which the occupation is authorized unconditionally or may be so authorized subject to compliance with certain conditions;

(2)  the conditions that must be met for the occupation to be authorized, in particular payment of an amount in one or more instalments;

(3)  the terms and conditions according to which the occupation is authorized where the required conditions are met, in particular the adoption of a resolution or the issue of a permit;

(4)  the rules relating to the duration and the premature end of the authorized occupation, in particular the rules concerning revocation of the authorization;

(5)  (a)  the circumstances in which all or part of the structures or installations situated in the public domain in accordance with the authorization may, notwithstanding the authorization, be permanently or temporarily removed;

(b)  the rules relating to a removal under subparagraph a;

(6)  (a)  the categories of occupation for the purposes of this paragraph;

(b)  the rules relating to the entry of any authorized occupation in any category it specifies in a register kept for that purpose;

(c)  the rules relating to the issue of certified extracts from the register provided for in subparagraph b.

The municipality may, in the by-law, define categories of cases and avail itself of any power provided for in the first paragraph in a manner that varies according to the category. The municipality may also, in the by-law, provide that the council or other deliberative body it designates is empowered, in the circumstances and subject to the conditions it indicates, to exercise case by case and by resolution any power it specifies among those provided for in subparagraphs 2 to 5 of the first paragraph.

2002, c. 77, s. 38.

14.16.2. Where the by-law provided for in article 14.16.1 is in force, every structure or installation situated in the public domain of the municipality otherwise than in accordance with an authorization granted under the by-law must be removed from the public domain of the municipality.

Such by-law may contain rules concerning the removal of the structure or installation.

2002, c. 77, s. 38.

14.16.3. Every person who occupies the public domain of the municipality in accordance with an authorization granted under the by-law provided for in article 14.16.1 is liable for any harm resulting from that occupation.

The person must take up the defence of the municipality and indemnify it in any claim in damages against the municipality.

2002, c. 77, s. 38.

14.16.4. The amount payable under subparagraph 2 of the first paragraph of article 14.16.1 is secured by a legal hypothec on the immovable for whose utility the occupation of the public domain of the municipality was authorized.

The amount shall be collected in accordance with the provisions relating to the collection of the property taxes of the municipality.

2002, c. 77, s. 38.

14.17. (Repealed).

1996, c. 27, s. 50; 2005, c. 6, s. 214.

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 14.16 or to the Centre d’acquisitions gouvernementales or, as the case may be, Infrastructures technologiques Québec.

1998, c. 31, s. 31; 2005, c. 7, s. 61; 2005, c. 6, s. 201; 2020, c. 2, s. 18.

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 subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01);

(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; 2014, c. 1, s. 780.

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” used alone means either a regular sitting or 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, Regions and Land Occupancy 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 licence 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 who 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)  (paragraph repealed);

(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)  (paragraph repealed);

(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 (chapter C-27.1);

(34)  (paragraph repealed);

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

(36)  (paragraph repealed);

(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, Regions and Land Occupancy under the Act respecting municipal taxation;

(38)  the word “charter”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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 202; 2008, c. 18, s. 30; 2009, c. 26, s. 109; 2009, c. 52, s. 546.

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. (Repealed).

M.C. 1916, a. 20; 1996, c. 2, s. 456; 2005, c. 6, s. 214.

30. (Repealed).

M.C. 1916, a. 21; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

31. (Repealed).

M.C. 1916, a. 22; 2005, c. 6, s. 214.

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.

Where a committee is appointed by the council of a regional county municipality whose territory includes that of a core city within the meaning of paragraph 9.1 of section 1 of the Act respecting land use planning and development (chapter A‐19.1), one of those persons must be a representative of the core city, unless the core city has previously waived that requirement.

M.C. 1916, a. 65; 2002, c. 68, s. 10.

82.1. Where the law provides that persons who are not council members may sit on a permanent or special committee or a council committee, the municipality may provide, by by-law, for the remuneration of such persons. The amount of the remuneration shall be based on their attendance at sittings of the committee.

The municipality may also, following the same procedure as for the reimbursement of expenses to council members, establish rules for the reimbursement of expenses to committee members who are not council members.

2003, c. 19, s. 135.

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 determine such costs, including reasonable travelling expenses, and $1 a day for the time of each witness. The amount thus determined 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; I.N. 2016-01-01 (NCCP).

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 notification, filing or deposit, to be made at the office of the municipality, may be made with equal validity to 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; I.N. 2016-01-01 (NCCP).

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 the number of other council members specified in the by-law.

Subject to the third paragraph, the council shall, by resolution, appoint the members of the executive committee in accordance with the number indicated in the by-law.

In the case of a regional county municipality whose territory includes that of a core city within the meaning of paragraph 9.1 of section 1 of the Act respecting land use planning and development (chapter A-19.1), one of the members of the committee must be a representative of the core city, unless the core city has previously waived that requirement.

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

1975, c. 82, s. 8; 1996, c. 2, s. 243; 2002, c. 68, s. 11.

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 $25,000.

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; 2006, c. 60, s. 33.

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.

Subject to the third paragraph, 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.

In the case of a regional county municipality whose territory includes that of a core city within the meaning of paragraph 9.1 of section 1 of the Act respecting land use planning and development (chapter A‐19.1), and whose warden is not the mayor of the core city, one of the other two delegates must be a representative of the core city, unless the core city has previously waived that requirement.

M.C. 1916, a. 95; 1975, c. 82, s. 9; 1982, c. 63, s. 12; 1996, c. 2, s. 249; 2002, c. 68, s. 12.

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 application shall be submitted to the Minister of Municipal Affairs, Regions and Land Occupancy 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, Regions and Land Occupancy when appointing him, be fixed by a judge of the Court of Québec, on an application, after notice to the parties interested. The costs on such application 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; I.N. 2016-01-01 (NCCP).

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 regular 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, Regions and Land Occupancy, 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, Regions and Land Occupancy, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 33; 2009, c. 26, s. 109.

142.1. The council may, by by-law, grant the head of the council the right, at any time, to suspend any officer or employee of the municipality until the next sitting of the council. If the head of the council avails himself of such right, he must report the suspension to the council at that sitting and state the reasons in writing.

The suspended officer or employee is not to receive any salary for the period during which he is suspended, unless the council decides otherwise.

2017, c. 13, s. 84.

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.

145.1. The secretary-treasurer shall give public notice of any change in the location of sittings.

2008, c. 18, s. 34.

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 council of a regional county municipality shall hold regular sittings at least once every two months, including one on the fourth Wednesday in November. The council of a local municipality shall hold regular sittings at least once a month.

The council shall determine the schedule of its regular sittings, setting the date and time of each sitting, before the beginning of the calendar year. Any documents useful in making decisions must, barring exceptional situations, be available to the members of the council not later than 72 hours before the time set for the beginning of the sitting.

However, the council may decide that a regular sitting is to begin on a date and at a time other than that specified in the schedule.

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 35; 2017, c. 13, s. 85.

148.0.1. The secretary-treasurer shall give public notice of the schedule.

The secretary-treasurer shall also give notice of any regular sitting to be held on a day or at a time other than those specified in the schedule.

2008, c. 18, s. 35.

148.0.2. At the November sitting, the council of the regional county municipality must, among other things, adopt the budget of the municipality for the next fiscal year.

The Minister of Municipal Affairs, Regions and Land Occupancy may, on the Minister’s initiative, allow the councils of the regional county municipalities or a category of them to adopt the budget after the regular sitting in November, at a sitting to be held not later than the date set by the Minister.

On sufficient proof that the council of the regional county municipality is unable to adopt the budget at the regular sitting in November or within the time determined by the Minister under the second paragraph, the Minister may grant any additional time the Minister determines for that purpose.

2008, c. 18, s. 35; 2009, c. 26, s. 109.

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 are public, and the proceedings must be audible and intelligible.

M.C. 1916, a. 113; 2008, c. 18, s. 36.

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. (Repealed).

M.C. 1916, a. 114; 2008, c. 18, s. 37.

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 notified 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 notified to 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; I.N. 2016-01-01 (NCCP).

154. Any 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; 2008, c. 18, s. 40.

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 three 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 notified 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; 2012, c. 30, s. 3; I.N. 2016-01-01 (NCCP).

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 of the council of the regional county municipality give their consent, any of the following may participate, deliberate and vote at a sitting of the council by telephone or another means of communication that enables all persons participating or present at the sitting to hear one another:

(1)  any member of the council of Municipalité régionale de comté de Caniapiscau, Municipalité régionale de comté de Minganie or Municipalité régionale de comté du Golfe-du-Saint-Laurent; and

(2)  any representative of Municipalité de Rapides-des-Joachims, Paroisse de Notre-Dame-des-Sept-Douleurs or Paroisse de Saint-Antoine-de-L’Isle-aux-Grues who sits on the council of the regional county municipality.

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; 2008, c. 18, s. 43; 2011, c. 33, s. 12.

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 and, consequently, the power to authorize an expenditure for that purpose.

The hiring has no effect unless, in accordance with a by-law adopted under the second paragraph of article 960.1, funds are available for that purpose.

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; 2006, c. 31, s. 30.

165.2. Any officer or employee performing duties within the scope of the powers exercised by the council of a borough recognized under section 29.1 of the Charter of the French language (chapter C-11) is, for the purposes of sections 20 and 26 of that Charter, deemed to be an officer or employee of the borough.

2003, c. 14, s. 157.

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. (Repealed).

M.C. 1916, a. 137; 1977, c. 53, s. 14; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2018, c. 8, s. 81.

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 that fiscal year and certify that it is accurate. The report must include the municipality’s financial statements and any other document or information required by the Minister.

The secretary-treasurer shall also produce a statement fixing the effective aggregate taxation rate of the municipality, in accordance with Division III of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1), and any other document or information required by the Minister.

The Minister may prescribe any rule relating to the documents and information referred to in the first two paragraphs.

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 31; 2009, c. 26, s. 109; 2017, c. 13, s. 86.

176.1. The secretary-treasurer shall, at a sitting of the council, table the financial report, the external auditor’s report referred to in the first paragraph of article 966.2 and any other document whose tabling is prescribed by the Minister.

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; 2017, c. 13, s. 87.

176.2. After the tabling referred to in article 176.1 and not later than 15 May, the secretary-treasurer shall transmit the financial report and the external auditor’s report to the Minister.

The secretary-treasurer shall also transmit the documents and information referred to in the second paragraph of article 176 to the Minister within the time prescribed by the Minister.

If the financial report or the other documents and information referred to in the second paragraph are not transmitted to the Minister within the prescribed time, the Minister may cause them to be prepared, for any period and at the municipality’s expense, by an officer of his department or by a person authorized to act as external auditor for a municipality. If the financial report or the other documents and information are prepared by a person other than an officer of the department, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 44; 2009, c. 26, s. 109; 2017, c. 13, s. 88.

176.2.1. If, after the transmission referred to in article 176.2, an error is found in the financial report, the secretary-treasurer may make the necessary correction. If the correction is required by the Minister, the secretary-treasurer shall make the correction as soon as possible.

The secretary-treasurer shall table any corrected report at the next regular sitting of the council, and the secretary-treasurer shall give public notice of the tabling at least five days before the sitting.

The secretary-treasurer shall send the corrected report to the Minister as soon as possible.

The first and third paragraphs apply, with the necessary modifications, to the documents and information referred to in the second paragraph of article 176.

2017, c. 13, s. 89.

176.2.2. At a regular sitting of the council held not later than June, the mayor shall make a report to the citizens on the highlights of the financial report and the external auditor’s report.

The mayor’s report shall be disseminated in the territory of the municipality in the manner determined by the council.

2017, c. 13, s. 89; 2018, c. 8, s. 82.

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. The secretary-treasurer shall table two comparative statements at the last regular sitting of the council held at least four weeks before the sitting at which the budget for the following fiscal year is to be adopted. During a year in which a general election is held in the municipality, the two comparative statements shall be tabled not later than at the last regular sitting held before the council ceases sitting in accordance with section 314.2 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

The first statement compares the revenues and expenditures of the current fiscal year, received or incurred on or before the last day of the month ending at least 15 days before the month in which the statement is filed, and those of the preceding fiscal year received or incurred during the corresponding period of that fiscal year.

The second statement compares the projected revenues and expenditures for the current fiscal year, as at the time the statement is prepared and based on the information at the secretary-treasurer’s disposal, and those provided for in the budget for that fiscal year.

1984, c. 38, s. 52; 1996, c. 2, s. 455; 2006, c. 31, s. 32; 2017, c. 13, s. 90.

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, expenses and legal costs, 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; I.N. 2016-01-01 (NCCP).

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 AND DIRECTORS GENERAL

2004, c. 20, s. 103.

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.

202.1. The secretary-treasurer is authorized to amend the minutes or a by-law, resolution, order or other act of the council in order to correct an error that is obvious just by reading the documents provided in support of the decision. In such a case, the secretary-treasurer shall attach the minutes of the correction to the original of the amended document and file a copy of the amended document and of the minutes of the correction at the next sitting of the council.

2005, c. 28, s. 57.

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 bank or any deposit institution authorized under the Deposit Institutions and Deposit Protection Act (chapter I-13.2.2) 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 in any bank or any deposit institution authorized under the Deposit Institutions and Deposit Protection Act which may be designated by the council, or purchase securities issued or guaranteed by the Government of Canada, the Gouvernement du Québec or the government of another Canadian province or securities issued or guaranteed by a municipality or by a mandatary body of a municipality or 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 securities in a mutual fund which is managed by a financial institution, and all the securities 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 service centres or 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 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.

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; 2006, c. 50, s. 123; 2009, c. 26, s. 27; 2018, c. 23, s. 739; 2018, c. 5, s. 65; 2020, c. 1, s. 309.

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, Regions and Land Occupancy, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, orders of a person designated under section 35 of the Municipal Powers Act (chapter C-47.1), 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; 2005, c. 6, s. 203.

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 business corporation 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; 2009, c. 52, s. 547.

DIVISION III.1 DIRECTORS GENERAL

2004, c. 20, s. 104.

210. Every municipality must have a director general, who is the chief officer of the municipality.

Subject to article 212.2, the secretary-treasurer is the director general by virtue of office.

1983, c. 57, s. 8; 1996, c. 2, s. 455; 2004, c. 20, s. 104.

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

1983, c. 57, s. 8; 1996, c. 2, s. 455; 2004, c. 20, s. 105.

212. In application of articles 210 and 211, the director general shall, in particular, perform the following duties:

(1)  he shall ensure communication between the council, the executive committee and other committees on the one hand, and the other officers and employees of the municipality on the other hand; for that purpose, the 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; 2004, c. 20, s. 106.

212.1. The council may, by by-law, add to the powers and obligations of the director general 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.

The by-law may provide that, if the council adds those powers and obligations, it must appoint a person other than the director general to the office of secretary-treasurer.

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; 2004, c. 20, s. 107.

212.2. If the by-law in force so provides, the council shall appoint a person other than the director general to the office of secretary-treasurer.

2004, c. 20, s. 108.

212.3. The deputy secretary-treasurer, where applicable, is the deputy director general by virtue of office, except if article 212.2 applies.

If that article applies, the council may appoint a deputy director general.

Article 184 applies, with the necessary modifications, to the deputy director general.

2004, c. 20, s. 108.

DIVISION IV DUTIES SPECIALLY INCUMBENT UPON LOCAL SECRETARY-TREASURERS

213. (Repealed).

M.C. 1916, a. 172; 1996, c. 2, s. 264; 2005, c. 6, s. 214.

214. (Repealed).

M.C. 1916, a. 173; 2005, c. 6, s. 214.

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. (Repealed).

M.C. 1916, a. 178; 1979, c. 72, s. 270; 1996, c. 2, s. 265; 2002, c. 77, s. 39; 2005, c. 6, s. 214.

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. (Repealed).

M.C. 1916, a. 179; 1996, c. 2, s. 266; 2000, c. 54, s. 9; 2005, c. 6, s. 214.

222. (Repealed).

M.C. 1916, a. 180; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

223. (Repealed).

M.C. 1916, a. 181; 1996, c. 2, s. 455; 2002, c. 77, s. 40; 2005, c. 6, s. 214.

DIVISION II

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

§ 1 . —

Repealed, 2005, c, 6, s. 214.

2005, c. 6, s. 214.

224. (Repealed).

M.C. 1916, a. 182; 1996, c. 2, s. 267; 2005, c. 6, s. 214.

225. (Repealed).

M.C. 1916, a. 183; 2005, c. 6, s. 214.

226. (Repealed).

M.C. 1916, a. 184; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

227. (Repealed).

M.C. 1916, a. 185; 1996, c. 2, s. 268; 2005, c. 6, s. 214.

228. (Repealed).

M.C. 1916, a. 186; 2005, c. 6, s. 214.

229. (Repealed).

M.C. 1916, a. 187; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

230. (Repealed).

M.C. 1916, a. 188; 2005, c. 6, s. 214.

231. (Repealed).

M.C. 1916, a. 189; 1948, c. 49, s. 1; 2005, c. 6, s. 214.

232. (Repealed).

M.C. 1916, a. 190; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

233. (Repealed).

M.C. 1916, a. 191; 2005, c. 6, s. 214.

234. (Repealed).

M.C. 1916, a. 192; 2005, c. 6, s. 214.

§ 2 . —

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

235. (Repealed).

M.C. 1916, a. 193; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

236. (Repealed).

M.C. 1916, a. 194; 2005, c. 6, s. 214.

§ 3 . —

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

237. (Repealed).

M.C. 1916, a. 195; 1984, c. 47, s. 213; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

238. (Repealed).

M.C. 1916, a. 196; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

239. (Repealed).

M.C. 1916, a. 197; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

§ 4 . —

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

240. (Repealed).

M.C. 1916, a. 198; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

241. (Repealed).

M.C. 1916, a. 199; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

242. (Repealed).

M.C. 1916, a. 200; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

243. (Repealed).

M.C. 1916, a. 201; 2005, c. 6, s. 214.

§ 5 . —

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

244. (Repealed).

M.C. 1916, a. 202; 1927, c. 75, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

245. (Repealed).

M.C. 1916, a. 203; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

246. (Repealed).

M.C. 1916, a. 204; 1996, c. 2, s. 269; 2005, c. 6, s. 214.

247. (Repealed).

M.C. 1916, a. 205; 1979, c. 36, s. 12; 1996, c. 2, s. 270; 2005, c. 6, s. 214.

§ 6 . —

Repealed, 2005, c.6, s. 214.

2005, c. 6, s. 214.

248. (Repealed).

M.C. 1916, a. 206; 1984, c. 47, s. 213; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

DIVISION III

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

249. (Repealed).

M.C. 1916, a. 207; 2005, c. 6, s. 214.

250. (Repealed).

M.C. 1916, a. 208; 1990, c. 4, s. 243; 2005, c. 6, s. 214.

251. (Repealed).

M.C. 1916, a. 209; 1996, c. 2, s. 456; 2005, c. 6, s. 214.

252. (Repealed).

M.C. 1916, a. 210; 1996, c. 2, s. 456; 2005, c. 6, s. 214.

253. (Repealed).

M.C. 1916, a. 211; 2005, c. 6, s. 214.

254. (Repealed).

M.C. 1916, a. 212; 2005, c. 6, s. 214.

255. (Repealed).

M.C. 1916, a. 213; 2005, c. 6, s. 214.

256. (Repealed).

M.C. 1916, a. 214; 2005, c. 6, s. 214.

257. (Repealed).

M.C. 1916, a. 215; 1996, c. 2, s. 271; 2005, c. 6, s. 214.

258. (Repealed).

M.C. 1916, a. 216; 2005, c. 6, s. 214.

259. (Repealed).

M.C. 1916, a. 217; 1996, c. 2, s. 456; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

260. (Repealed).

M.C. 1916, a. 218; 1990, c. 4, s. 244; 2005, c. 6, s. 214.

261. (Repealed).

M.C. 1916, a. 219; 2005, c. 6, s. 214.

262. (Repealed).

M.C. 1916, a. 220; 2005, c. 6, s. 214.

263. (Repealed).

M.C. 1916, a. 221; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

264. (Repealed).

M.C. 1916, a. 222; 1992, c. 61, s. 185; 2005, c. 6, s. 214.

265. (Repealed).

M.C. 1916, a. 223; 2005, c. 6, s. 214.

266. (Repealed).

M.C. 1916, a. 224; 1992, c. 61, s. 186; 2005, c. 6, s. 214.

267. (Repealed).

M.C. 1916, a. 225; 1992, c. 61, s. 187; 1996, c. 2, s. 456; 2005, c. 6, s. 214.

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 designated under paragraph 7 of section 119 of the Act respecting land use planning and development, or under section 35 of the Municipal Powers Act (chapter C-47.1), or responsible for the issuance of the authorization required under section 3 of the Groundwater Catchment Regulation (chapter Q-2, r. 6), or responsible for the issuance of a permit required under section 4 of the Regulation respecting waste water disposal systems for isolated dwellings (chapter Q-2, r. 22), and who, for at least six months, has held that position or a position, within the municipality, referred to in the first paragraph.

1995, c. 34, s. 35; 2000, c. 54, s. 10; 2004, c. 20, s. 109; 2005, c. 6, s. 204.

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‐25.01).

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 Administrative Labour Tribunal to make an inquiry and dispose of the complaint.

2000, c. 54, s. 10; 2001, c. 26, s. 94; 2015, c. 15, s. 237; I.N. 2016-01-01 (NCCP).

267.0.3. The provisions of the Act to establish the Administrative Labour Tribunal (chapter T-15.1) that pertain to the Administrative Labour Tribunal, its members, their decisions and the exercise of their jurisdiction and section 100.12 of the Labour Code (chapter C-27) apply, with the necessary modifications.

2000, c. 54, s. 10; 2001, c. 26, s. 95; 2015, c. 15, s. 147.

267.0.4. The Administrative Labour Tribunal 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 Administrative Labour Tribunal 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; 2015, c. 15, s. 237.

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, Regions and Land Occupancy 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 4 of the first paragraph does not apply to a volunteer fireman or a first responder within the meaning of section 63 of the Act respecting elections and referendums in municipalities.

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 33; 2009, c. 26, s. 109.

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, REGIONS AND LAND OCCUPANCY

1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

410. If an appointment or personal designation provided for in this Code has not been made within the prescribed time or within a period of time the Minister considers reasonable, the Minister may make it. However, the appointment or designation may be made by the competent person or council, even after the expiry of that time, with the Minister’s permission.

If the Minister makes an appointment or designation, the Minister may, if no remuneration has been fixed for the position concerned or if the Minister considers the remuneration fixed to be inappropriate, fix any remuneration the Minister considers appropriate.

An appointment or designation made, or remuneration fixed, by the Minister under this article is deemed to have been made or fixed by the person or council otherwise competent to make or fix it under this Code.

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; 2018, c. 8, s. 83.

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 notified in accordance with the formalities prescribed in this Title.

M.C. 1916, a. 330; I.N. 2016-01-01 (NCCP).

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 notified, 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; I.N. 2016-01-01 (NCCP).

419. The original of every notice in writing must be accompanied by a certificate of publication or of notification.

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; I.N. 2016-01-01 (NCCP).

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 notified;

(3)  the place, day and hour of publication or of notification.

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; I.N. 2016-01-01 (NCCP).

421. In the case of a special notice given verbally, the affirmation under oath of the person who gave such notice takes the place of the certificate of notification; such affirmation is only required in case of contestation, and must contain the object of the notice.

M.C. 1916, a. 336; I.N. 2016-01-01 (NCCP).

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 notification.

M.C. 1916, a. 338; I.N. 2016-01-01 (NCCP).

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 notification 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 notification 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; I.N. 2016-01-01 (NCCP).

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 notified to such agent, in the same manner as to a resident proprietor.

If an agent resident in the territory of the municipality has not been appointed, every such notice is notified by lodging in the post-office of the locality a copy thereof in a registered 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; I.N. 2016-01-01 (NCCP).

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 notified 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 notified at business establishments except upon working days other than Saturdays, 26 December and 2 January.

M.C. 1916, a. 343; 1999, c. 40, s. 60; I.N. 2016-01-01 (NCCP).

429. If the doors of the domicile or business establishment, where notification 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, notification 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; I.N. 2016-01-01 (NCCP).

430. The intermediate time after a special notice begins to run from the day on which such notice was notified, such day not being included.

M.C. 1916, a. 345; 1999, c. 40, s. 60; I.N. 2016-01-01 (NCCP).

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.

If the council does not fix specific places, the public notice must be posted in the office of the municipality and in another public place in the territory of the municipality.

M.C. 1916, a. 346; 1996, c. 2, s. 456; 2006, c. 31, s. 34.

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.

433.1. Subject to the third paragraph of article 433.3, a municipality may, by by-law, determine the terms governing publication of its public notices. These terms may differ according to the type of notice, but the by-law must prescribe their publication on the Internet.

Where such a by-law is in force, the mode of publication that it prescribes has precedence over the mode of publication prescribed by articles 431 to 433 or by any other provision of a general law or special Act.

2017, c. 13, s. 91; 2018, c. 8, s. 84.

433.2. A by-law adopted under article 433.1 may not be repealed, but it may be amended.

2017, c. 13, s. 91.

433.3. The Government may, by regulation, set minimum standards relating to publication of municipal public notices. Different standards may be set for any group of municipalities.

The regulation must prescribe measures that promote the dissemination of information that is complete, that citizens find coherent and that is adapted to the circumstances.

The regulation may also prescribe that the municipalities or any group of municipalities the Government identifies must adopt a by-law under section 433.1 within the prescribed time.

2017, c. 13, s. 91.

433.4. The Minister may make a regulation in the place of any municipality that fails to comply with the time prescribed in accordance with article 433.3; the regulation made by the Minister is deemed to be a by-law passed by the council of the municipality.

2017, c. 13, s. 91.

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 that a municipality is required to publish in a newspaper 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 the intervals established by by-law of the municipality or, in the absence of such a by-law, at least eight times a year.

The first paragraph does not apply to an advertisement provided for in subarticle 1 of article 935, a document provided for in article 1027, or a notice provided for in section 72 or 73 of the Municipal Powers Act (chapter C-47.1).

1995, c. 34, s. 36; 1996, c. 77, s. 26; 1997, c. 53, s. 11; 2002, c. 37, s. 99; 2010, c. 18, s. 40.

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 an application and is governed by the rules that apply to contentious proceedings set out in the Code of Civil Procedure (chapter C‐25.01).

The application 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; 2002, c. 7, s. 166; I.N. 2016-01-01 (NCCP).

437.5. The council of a local municipality may apply to the Court of Québec, in accordance with the rules that apply to contentious proceedings set out in the Code of Civil Procedure (chapter C‐25.01), 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 application 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; 2002, c. 7, s. 167; I.N. 2016-01-01 (NCCP).

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 notify 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 notification which they are authorized by this Code to make.

M.C. 1916, a. 355; 1996, c. 2, s. 455; I.N. 2016-01-01 (NCCP).

440. Every municipality may also, by resolution, order a census to be taken of the inhabitants of all or part of its territory.

M.C. 1916, a. 356; 1946, c. 55, s. 5; 1996, c. 2, s. 276; 1999, c. 40, s. 60; 2005, c. 6, s. 205.

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

Repealed, 2005, c. 6, s. 214.

1996, c. 2, s. 455; 2005, c. 6, s. 214.

443. (Repealed).

M.C. 1916, a. 358; 1996, c. 2, s. 278; 2005, c. 6, s. 214.

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. The passing of every by-law must be preceded by a notice of motion given at a sitting by a council member.

The passing of a by-law must also, subject to the provisions of a special Act governing the filing, passing or tabling of a draft by-law, be preceded by the filing of a draft by-law by a council member at the same sitting as the one at which the notice of motion was given or at a different sitting.

As soon as possible after the draft by-law is filed, copies of it must be made available to the public.

The council must pass the by-law, with or without changes, at a different sitting than the one at which the notice of motion was given and the one at which the draft by-law was filed, and not earlier than the second day following the date on which the latter of those sittings was held.

At the beginning of the sitting at which the passing of the by-law will be considered, copies of the draft by-law must be made available to the public.

The secretary-treasurer or a council member must, before the by-law is passed, mention its object and any differences between the draft by-law that was filed and the by-law being submitted for passing.

In addition, if the by-law involves an expenditure, the secretary-treasurer or a council member must mention that fact as well as any mode of financing, payment or repayment of the expenditure.

Changes made to the by-law submitted for passing must not be such as to change the object of the by-law as specified in the draft by-law that was filed.

Subject to the tenth and eleventh paragraphs, any contravention of the first, second, fourth or eighth paragraph entails the nullity of the by-law.

In the case of a by-law passed by the council of a regional county municipality, the notice of motion and draft by-law may be replaced by a notice given by registered mail to the members of that council. The secretary-treasurer of the regional county municipality must send the notice to the council members at least 10 days before the date of the sitting at which the passing of the by-law mentioned in the notice will be considered, and must post the notice, within the same time, at the office of the regional county municipality. In such a case, the third paragraph does not apply.

The preceding paragraph applies, with the necessary modifications, 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; 2003, c. 19, s. 136; 2005, c. 28, s. 58; I.N. 2016-01-01 (NCCP); 2017, c. 13, s. 92; 2018, c. 8, s. 85.

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.

453.1. Where a municipality consolidates two or more by-laws, one of which required approval or authorization, the council need not obtain approval or authorization for the consolidated by-law.

2003, c. 19, s. 137.

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, Regions and Land Occupancy, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

490. (Repealed).

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; 2005, c. 6, s. 214.

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. (Repealed).

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; 2005, c. 6, s. 214.

494. (Repealed).

1979, c. 48, s. 122; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

§ 2 . —

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

495. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

496. (Repealed).

1979, c. 48, s. 123; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

497. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

498. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

499. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

500. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

501. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

502. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

503. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

504. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

505. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

506. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

507. (Repealed).

1979, c. 48, s. 123; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

508. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

509. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

510. (Repealed).

1979, c. 48, s. 123; 1992, c. 57, s. 485; 1994, c. 30, s. 93; 2005, c. 6, s. 214.

511. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

512. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

513. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

514. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

515. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

516. (Repealed).

1979, c. 48, s. 123; 1986, c. 95, s. 85; 2005, c. 6, s. 214.

517. (Repealed).

1979, c. 48, s. 123; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

518. (Repealed).

1979, c. 48, s. 123; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

519. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

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

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

521. (Repealed).

M.C. 1916, a. 395; 1984, c. 47, s. 213; 1996, c. 2, s. 284; 2005, c. 6, s. 214.

522. (Repealed).

M.C. 1916, a. 396; 1996, c. 2, s. 285; 2005, c. 6, s. 214.

DIVISION VI

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

523. (Repealed).

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; 2005, c. 6, s. 214.

DIVISION VII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

524. (Repealed).

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; 2005, c. 6, s. 214.

DIVISION VII.1

Repealed, 2005, c. 6, s. 214.

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.1. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.2. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.3. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.3.1. (Repealed).

1997, c. 93, s. 75; 2005, c. 6, s. 214.

DIVISION VII.2

Repealed, 2005, c. 6, s. 214.

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.4. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.5. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

DIVISION VII.3

Repealed, 2005, c. 6, s. 214.

1998, c. 31, s. 38; 2005, c. 6, s. 214.

524.6. (Repealed).

1998, c. 31, s. 38; 2000, c. 56, s. 222; 2005, c. 6, s. 214.

524.7. (Repealed).

1998, c. 31, s. 38; 2005, c. 6, s. 214.

DIVISION VIII

Repealed, 2008, c. 18, s. 138.

2008, c. 18, s. 138.

525. (Repealed).

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; 2008, c. 18, s. 138.

526. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 24; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

527. (Repealed).

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; 2008, c. 18, s. 138.

528. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 25; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

528.1. (Repealed).

1986, c. 66, s. 14; 1988, c. 25, s. 17; 1996, c. 2, s. 455; 1997, c. 43, s. 180; 2008, c. 18, s. 138.

529. (Repealed).

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; 2008, c. 18, s. 138.

530. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1988, c. 25, s. 19; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

531. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1988, c. 25, s. 20; 1999, c. 40, s. 60; 2008, c. 18, s. 138.

532. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1984, c. 38, s. 56; 2008, c. 18, s. 138.

532.1. (Repealed).

1985, c. 35, s. 27; 1996, c. 2, s. 288; 2008, c. 18, s. 138.

532.2. (Repealed).

1985, c. 35, s. 27; 1988, c. 25, s. 21; 1996, c. 2, s. 289; 2008, c. 18, s. 138.

532.3. (Repealed).

1985, c. 35, s. 27; 1988, c. 25, s. 22; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

532.4. (Repealed).

1988, c. 25, s. 23; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

533. (Repealed).

1983, c. 45, s. 34; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

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. (Repealed).

1985, c. 35, s. 29; 2008, c. 18, s. 138.

535.2. (Repealed).

1985, c. 35, s. 29; 1986, c. 66, s. 16; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2008, c. 18, s. 138.

535.3. (Repealed).

1985, c. 35, s. 29; 1988, c. 25, s. 26; 2008, c. 18, s. 138.

535.4. (Repealed).

1986, c. 66, s. 17; 1988, c. 25, s. 27; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

535.5. (Repealed).

1988, c. 25, s. 28; 1996, c. 2, s. 455; 1997, c. 53, s. 12; 2008, c. 18, s. 138.

535.6. (Repealed).

1988, c. 25, s. 28; 2008, c. 18, s. 138.

535.7. (Repealed).

1988, c. 25, s. 28; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

DIVISION IX

Repealed, 2008, c. 18, s. 138.

2008, c. 18, s. 138.

536. (Repealed).

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; 2004, c. 31, s. 63; 2008, c. 18, s. 138.

537. (Repealed).

1983, c. 45, s. 34; 1988, c. 25, s. 30; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

537.1. (Repealed).

1988, c. 25, s. 30; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

538. (Repealed).

1983, c. 45, s. 34; 1988, c. 25, s. 31; 2008, c. 18, s. 138.

539. (Repealed).

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; 2008, c. 18, s. 138.

DIVISION X

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

540. (Repealed).

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; 2005, c. 6, s. 214.

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)  (paragraph repealed);

(c)  (paragraph repealed).

(2)  (subarticle repealed);

(3)  (subarticle repealed).

M.C. 1916, a. 400; 1984, c. 47, s. 213; 1996, c. 2, s. 291; 2005, c. 6, s. 214.

DIVISION XII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

542. (Repealed).

M.C. 1916, a. 401; 1996, c. 2, s. 292; 2005, c. 6, s. 214.

DIVISION XIII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

543. (Repealed).

M.C. 1916, a. 402; 1921, c. 48, s. 24; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

DIVISION XIV

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

544. (Repealed).

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; 2005, c. 6, s. 214.

545. (Repealed).

1983, c. 57, s. 14; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

DIVISION XV

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

546. (Repealed).

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; 2005, c. 6, s. 214.

546.1. (Repealed).

2004, c. 20, s. 110; 2005, c. 6, s. 214.

547. (Repealed).

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; 2005, c. 6, s. 214.

548. (Repealed).

1963 (1st sess.), c. 65, s. 6; 1996, c. 2, s. 295; 2005, c. 6, s. 214.

548.1. (Repealed).

1985, c. 27, s. 46; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

548.2. (Repealed).

1985, c. 27, s. 46; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

548.3. (Repealed).

2003, c. 19, s. 138; 2005, c. 6, s. 214.

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. (Repealed).

1979, c. 36, s. 30; 1987, c. 42, s. 5; 1996, c. 2, s. 297; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

550.1. (Repealed).

1998, c. 31, s. 39; 2005, c. 6, s. 214.

550.2. (Repealed).

2002, c. 77, s. 41; 2004, c. 20, s. 111; 2005, c. 6, s. 214.

DIVISION XVI

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

551. (Repealed).

M.C. 1916, a. 405 (part); 1972, c. 42, s. 56; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

DIVISION XVII

Repealed, 2005, c. 6, s. 214.

1997, c. 58, s. 23; 2005, c. 6, s. 214.

552. (Repealed).

1979, c. 85, s. 81; 1996, c. 2, s. 455; 1996, c. 16, s. 63; 1997, c. 58, s. 24; 2005, c. 6, s. 214.

DIVISION XVIII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

553. (Repealed).

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; 2005, c. 6, s. 214.

554. (Repealed).

1983, c. 57, s. 16; 1996, c. 2, s. 299; 2005, c. 6, s. 214.

DIVISION XIX

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

555. (Repealed).

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; 2005, c. 6, s. 214.

DIVISION XIX.1

Repealed, 2005, c. 6, s. 214.

1985, c. 27, s. 48; 2005, c. 6, s. 214.

555.1. (Repealed).

1985, c. 27, s. 48; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

DIVISION XX

Repealed, 2005, c. 6, s. 214.

1985, c. 3, s. 1; 2005, c. 6, s. 214.

555.2. (Repealed).

1985, c. 3, s. 2; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

556. (Repealed).

1979, c. 83, s. 1; 1996, c. 2, s. 301; 2005, c. 6, s. 214.

DIVISION XXI

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

557. (Repealed).

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; 2002, c. 77, s. 42; 2005, c. 6, s. 214.

557.1. (Repealed).

1997, c. 93, s. 76; 2005, c. 6, s. 214.

557.2. (Repealed).

1997, c. 93, s. 76; 2005, c. 6, s. 214.

558. (Repealed).

1931-32, c. 103, s. 6; 1941, c. 69, s. 16; 2005, c. 6, s. 214.

559. (Repealed).

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; 2005, c. 6, s. 214.

560. (Repealed).

M.C. 1916, a. 409; 1945, c. 70, s. 6; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

561. (Repealed).

1945, c. 70, s. 7; 1996, c. 2, s. 303; 2005, c. 6, s. 214.

562. (Repealed).

1953-54, c. 31, s. 4; 2005, c. 6, s. 214.

563. (Repealed).

1979, c. 36, s. 33; 1996, c. 2, s. 455; 1997, c. 93, s. 77; 1998, c. 31, s. 41; 2005, c. 6, s. 214.

563.0.1. (Repealed).

1997, c. 93, s. 78; 2005, c. 6, s. 214.

563.1. (Repealed).

1996, c. 27, s. 63; 2005, c. 6, s. 214.

563.2. (Repealed).

1996, c. 27, s. 63; 2005, c. 6, s. 214.

563.3. (Repealed).

1996, c. 27, s. 63; 2005, c. 6, s. 214.

563.4. (Repealed).

2002, c. 53, s. 21; 2005, c. 6, s. 214.

DIVISION XXII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

564. (Repealed).

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; 2005, c. 6, s. 214.

DIVISION XXIII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

565. (Repealed).

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; 2005, c. 6, s. 214.

566. (Repealed).

1979, c. 36, s. 35; 1990, c. 4, s. 251; 1992, c. 61, s. 192.

DIVISION XXIII.1

Repealed, 2005, c. 6, s. 214.

1996, c. 27, s. 64; 2005, c. 6, s. 214.

566.1. (Repealed).

1985, c. 27, s. 49; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

566.2. (Repealed).

1986, c. 32, s. 4; 1996, c. 2, s. 305; 2005, c. 6, s. 214.

566.3. (Repealed).

1996, c. 27, s. 65; 2005, c. 6, s. 214.

DIVISION XXIV

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

567. (Repealed).

M.C. 1916, a. 411; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

567.1. (Repealed).

1985, c. 27, s. 50; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

568. (Repealed).

M.C. 1916, a. 412; 1978, c. 7, s. 81; 1979, c. 36, s. 36; 1996, c. 2, s. 306; 2004, c. 31, s. 71; 2005, c. 6, s. 214.

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.

569.0.1. Every local municipality may make with any other local municipality, regardless of the law governing it, an agreement whereby they delegate to the regional county municipality whose territory includes their territories the exercise of all or part of a field within their jurisdiction.

However, the making of an agreement under the first paragraph must be preceded

(1)  by the tabling of a draft agreement at a sitting of the council of the regional county municipality;

(2)   by the sending, by the secretary-treasurer of the regional county municipality, of a copy of the draft agreement to each local municipality whose territory is situated within that of the regional county municipality, together with a notice mentioning that each local municipality interested in making an agreement having the same content as that of the draft agreement must, within 60 days following receipt of those documents, transmit a resolution expressing its interest to the regional county municipality.

The agreement made by the local municipalities having expressed their interest in accordance with subparagraph 2 of the second paragraph binds, without further formality, the regional county municipality insofar as every expenditure arising from the implementation of the agreement is assumed entirely by the local municipalities.

Only the representatives of the local municipalities who have made the delegation provided for in the first paragraph are empowered to participate in the deliberations and vote of the council of the regional county municipality as regards the exercise of the delegated functions.

2002, c. 68, s. 13.

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, Regions and Land Occupancy.

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, Regions and Land Occupancy, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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.

583.1. If the management board decides to use moneys from the general fund to pay a capital expenditure incurred for the benefit of only some of the municipalities in whose territory the board has jurisdiction, it may decide to reimburse the fund by means of an aliquot share payable by the municipalities concerned.

In such a case, the board shall authorize the use of the moneys by a by-law that specifies the amount of the moneys used and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed the useful life of the property that the moneys enable the board to acquire, repair, restore or build, and must require an aliquot share from the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 45.

583.2. The aliquot share payable by the municipalities is determined using the mode of apportionment of capital expenditures contained in the agreement providing for the establishment of the management board. The aliquot share must provide for the repayment of the moneys used and the payment of a compensatory amount that may be determined by resolution and must be equal to the interest that would be payable if the board, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the board, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 45.

583.3. The by-law is subject to the approval of all the municipalities for whose benefit the expenditure is incurred.

A municipality whose council has not made a decision with respect to the by-law at or before the second regular sitting following receipt of an authenticated copy of the by-law is deemed to have approved it.

2008, c. 18, s. 45.

583.4. The Minister of Municipal Affairs, Regions and Land Occupancy may also require that the by-law be submitted for approval to the qualified voters in the territory of each of the municipalities for whose benefit the expenditure is incurred.

To that end, the management board shall send an authenticated copy of the by-law to the Minister and give public notice of the adoption of the by-law to the municipal ratepayers concerned. The notice must be published in a newspaper in the territory of the municipalities and contain

(1)  the number, title, object and date of adoption of the by-law;

(2)  the amount of the moneys to be used and the projected expenditure; and

(3)  the right of the ratepayers concerned to send the Minister of Municipal Affairs, Regions and Land Occupancy, within 30 days after the notice is published, a request that the by-law be submitted for approval to the qualified voters of each of the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 45; 2009, c. 26, s. 109.

583.5. The Minister shall inform the management board if no request is received within the time prescribed in subparagraph 3 of the second paragraph of article 583.4.

If a request is received, the Minister may require that the by-law be approved by the qualified voters in the territory of each of the municipalities for whose benefit the expenditure is incurred.

The Minister shall inform the management board of the decision. If the Minister decides to require the approval of the qualified voters, the Minister shall also inform each of the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 45.

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 apply, adapted as required, to the management board.

1979, c. 83, s. 2; 1982, c. 63, s. 36; 1996, c. 27, s. 69; 2017, c. 13, s. 93.

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 notified 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; I.N. 2016-01-01 (NCCP).

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; and

(2)  acquire movable or immovable property by expropriation.

When the object of the agreement is the supply of drinking water, the management of waste water or the development or operation of an airport facility, the management board may acquire immovables within a radius of 50 kilometres outside the territory in which it has jurisdiction, by agreement or expropriation.

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; 2003, c. 19, s. 139; 2005, c. 6, s. 206.

601.1. Unless otherwise provided, no property of the management board may be alienated otherwise than by onerous title. Each month the secretary must publish a notice concerning the properties with a value greater than $10,000 that were alienated by the management board otherwise than by auction or public tender. The notice must describe each property and indicate for each the price of alienation and the identity of the purchaser.

2005, c. 6, s. 206.

601.2. Unless otherwise provided, no management board may acquire or build property mainly for leasing purposes.

2005, c. 6, s. 206.

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. (Repealed).

1985, c. 27, s. 52; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2012, c. 21, s. 11; 2016, c. 17, s. 19.

606. The management board may, by by-law approved by the Minister of Municipal Affairs, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, Regions and Land Occupancy 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.

No later than the second regular sitting after receiving the copy, the council of each municipality must approve or reject the by-law. If the council fails to do so, the by-law shall be deemed approved. The secretary-treasurer shall send a copy of the resolution under which the council approved or rejected the by-law 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; 2003, c. 19, s. 140, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, Regions and Land Occupancy, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, for the benefit of all of the municipalities in whose territory it has jurisdiction, or of some of those municipalities, establish a financial reserve for any purpose within its jurisdiction for the financing of 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 by-law must also indicate that the reserve is established for the benefit of all of the municipalities in whose territory the management board has jurisdiction, or of some of those municipalities, and in the latter case, specify the municipalities concerned.

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; 2001, c. 68, s. 27.

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, from a contribution payable by the municipalities for whose benefit the reserve is established 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.

Where the reserve is established for the benefit of some of the municipalities in whose territory the management board has jurisdiction, the reserve may not be made up of sums from the surpluses or excess amounts referred to in the second paragraph unless they derive exclusively from the municipalities for whose benefit the reserve is established or from their territory.

2000, c. 19, s. 7; 2001, c. 68, s. 28.

614.3. Articles 606 to 608 apply, with the necessary modifications, to a by-law provided for in article 614.1.

The first paragraph does not apply where the reserve is established to meet a requirement of the Government, a minister or a government body as a result of the application of an Act or regulation.

2000, c. 19, s. 7; 2001, c. 68, s. 29.

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 for whose benefit the reserve was established, in the proportion determined under article 574.

2000, c. 19, s. 7; 2001, c. 68, s. 30.

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 the higher of

(1)  an amount corresponding to 30% of the other appropriations provided for in the budget of the fiscal year in which the by-law is adopted; and

(2)  an amount corresponding to 15% of the total undepreciated cost of fixed assets.

As regards a reserve referred to in the second paragraph of article 614.3, the amount of such a reserve shall not enter into the calculation of the maximum amount provided for in the first paragraph.

2000, c. 19, s. 7; 2001, c. 68, s. 31.

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.

614.7. The management board may, with a view to having at its disposal the moneys it needs for the purposes within its jurisdiction, constitute a fund known as the “working fund” or increase the amount of the fund. To that effect, it shall adopt a by-law

(1)  to appropriate for that purpose all or part of the accumulated surplus of its general fund;

(2)  to order a loan; or

(3)  to carry out both of the above operations.

The by-law ordering a loan to constitute the working fund or increase the amount of the fund must specify the term of the loan, which is not to exceed 10 years, and must stipulate that the repayment of the loan is to be charged to all the municipalities in whose territory the board has jurisdiction, according to the operating cost apportionment method set out in the agreement.

The amount of the fund may not exceed 20% of the appropriations provided for in the board’s budget for the current fiscal year. However, if the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for fewer appropriations than the budget used to determine the amount of the fund, the amount may remain unchanged.

Article 203 applies, with the necessary modifications, to the investment of the available moneys of the fund.

The interest on the working fund and the compensatory sum provided for in article 614.12 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected

If the working fund is abolished, the moneys available in it must be used to repay a loan contracted to constitute the fund or increase the amount of the fund before they may be paid into the general fund.

2008, c. 18, s. 46.

614.8. A member of the board of directors who, knowingly, by a vote or otherwise, authorizes

(1)  the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in the third paragraph of article 614.7;

(2)  the investment of the moneys in the fund otherwise than in the manner prescribed in the fourth paragraph of article 614.7; or

(3)  the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in the sixth paragraph of article 614.7

may be declared disqualified to hold municipal office for two years and may be held personally liable towards the management board for any loss or damage suffered by it.

The liability mentioned in the first paragraph is joint and several and it applies to every officer or employee of the management board who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification are taken in accordance with subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); an ordinary action is taken to obtain compensation for loss or damage. Any ratepayer may exercise such recourses.

Disqualification may also be declared by means of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).

2008, c. 18, s. 46; 2014, c. 1, s. 780.

614.9. The management board may borrow from the working fund pending the collection of revenues, or in order to pay all or part of an expense resulting from the implementation of a departure incentive program for the officers and employees of the board or to pay a capital expenditure. The resolution authorizing the loan must specify the term of repayment, which may not exceed one year, five years or ten years, depending on the purpose of the loan.

2008, c. 18, s. 46.

614.10. Every year, the management board shall provide out of its general fund a sum sufficient to repay a loan from the working fund.

2008, c. 18, s. 46.

614.11. If the loan is used to pay a capital expenditure incurred for the benefit of only some of the municipalities in whose territory the management board has jurisdiction, the board may decide that the loan is to be repaid by means of an aliquot share payable by the municipalities concerned.

In such a case, the management board shall authorize the loan from the working fund by a by-law that specifies the amount of the loan and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed 10 years, and must require an aliquot share from the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 46.

614.12. The aliquot share payable by the municipalities is determined using the mode of apportionment of capital expenditures contained in the agreement providing for the establishment of the management board. The aliquot share must provide for the repayment of the loan and the payment of a compensatory amount which may be determined by resolution and must be equal to the interest that would be payable if the board, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the board, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 46.

614.13. The by-law is subject to the approval of all the municipalities for whose benefit the expenditure is incurred.

A municipality whose council has not made a decision with respect to the by-law at or before the second regular sitting following receipt of an authenticated copy of the by-law is deemed to have approved it.

2008, c. 18, s. 46.

614.14. The Minister of Municipal Affairs, Regions and Land Occupancy may require that the by-law be submitted for approval to the qualified voters in the territory of each of the municipalities for whose benefit the expenditure is incurred.

To that end, the management board shall send an authenticated copy of the by-law to the Minister and give public notice of the adoption of the by-law to the municipal ratepayers concerned. The notice must be published in a newspaper in the territory of the municipalities and contain

(1)  the number, title, object and date of adoption of the by-law;

(2)  the amount of the projected loan and the use to be made of the sums borrowed from the fund; and

(3)  the right of the ratepayers concerned to send the Minister of Municipal Affairs, Regions and Land Occupancy, within 30 days after the notice is published, a request that the by-law be submitted for approval to the qualified voters of each of the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 46; 2009, c. 26, s. 109.

614.15. The Minister shall inform the management board if no request is received within the time prescribed in subparagraph 3 of the second paragraph of article 614.14.

If a request is received, the Minister may require that the by-law be approved by the qualified voters in the territory of each of the municipalities for whose benefit the expenditure is incurred.

The Minister shall inform the management board of the decision. If the Minister decides to require the approval of the qualified voters, the Minister shall also inform each of the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 46.

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 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; I.N. 2016-01-01 (NCCP).

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, Regions and Land Occupancy.

1979, c. 83, s. 2; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, Regions and Land Occupancy. 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, 29.9.1, 29.9.2, 71 to 72.2, 73.1, 73.2, 99, 105, the first paragraph of article 105.1, articles 105.2, 105.2.1 and 108 to 108.6, paragraphs 8 and 10 of section 464, sections 473, 477 to 477.2, 477.4 to 477.6, 544.1, 554, 555 and 564, subsection 2 of section 567, sections 572.1, 573 to 573.3.4 and 604.6 to 604.13 of the Cities and Towns Act (chapter C‐19), sections 22, 23, 38 to 47 and 100 of the Act respecting the Commission municipale (chapter C‐35), section 22 of the Municipal Powers Act (chapter C‐47.1) and sections 1, 2, 4 to 8, 12 to 44 and 50 of the Act respecting municipal debts and loans (chapter D-7), with the necessary modifications, apply to the management board.

For the purposes of section 105.2 of the Cities and Towns Act, the reports must be sent not later than 15 April. They must also be sent to each municipality in whose territory the board has jurisdiction.

For the purposes of the second paragraph of section 477.6 of the Cities and Towns Act, if the board does not have a website, the statement and the hyperlink must be posted on another website the board determines; the board shall give public notice of the address of that website at least once a year; the notice must be published in a newspaper in the territory of each municipality in whose territory the board has jurisdiction.

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; 2003, c. 19, s. 141, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 207; 2006, c. 31, s. 35; 2008, c. 18, s. 47; 2009, c. 26, s. 109; 2010, c. 1, s. 18; 2010, c. 18, s. 41; 2012, c. 11, s. 26; 2017, c. 13, s. 94; 2019, c. 28, s. 128.

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, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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-25.01) 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; I.N. 2016-01-01 (NCCP).

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, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

DIVISION XXVI

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

625. (Repealed).

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; 2005, c. 6, s. 214.

DIVISION XXVI.1

Repealed, 2005, c. 6, s. 214.

1996, c. 77, s. 30; 2005, c. 6, s. 214.

625.1. (Repealed).

1996, c. 77, s. 30; 2005, c. 6, s. 214.

DIVISION XXVI.2

Repealed, 2005, c. 6, s. 214.

1998, c. 31, s. 46; 2005, c. 6, s. 214.

625.2. (Repealed).

1998, c. 31, s. 46; 2005, c. 6, s. 214.

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

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

627. (Repealed).

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; 2005, c. 6, s. 214.

627.1. (Repealed).

1996, c. 27, s. 74; 1999, c. 43, s. 13; 2000, c. 56, s. 223; 2003, c. 19, s. 250; 2004, c. 20, s. 112; 2005, c. 6, s. 214.

627.1.1. (Repealed).

1998, c. 31, s. 47; 1999, c. 40, s. 60; 2001, c. 6, s. 139; 2000, c. 56, s. 223; 2005, c. 6, s. 214.

627.1.2. (Repealed).

1998, c. 31, s. 47; 2005, c. 6, s. 214.

627.1.3. (Repealed).

1998, c. 31, s. 47; 2005, c. 6, s. 214.

627.2. (Repealed).

1997, c. 53, s. 15; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 48; 2000, c. 56, s. 223; 2003, c. 29, s. 145; 2005, c. 6, s. 214.

627.3. (Repealed).

1997, c. 53, s. 15; 1997, c. 93, s. 81; 1997, c. 91, s. 50; 1998, c. 31, s. 49; 2002, c. 77, s. 43; 2005, c. 6, s. 214.

DIVISION XXIX

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

628. (Repealed).

M.C. 1916, a. 414; 1996, c. 2, s. 312; 2005, c. 6, s. 214.

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

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

630. (Repealed).

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; 2005, c. 6, s. 214.

DIVISION II

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

631. (Repealed).

M.C. 1916, a. 417; 1982, c. 2, s. 21; 1982, c. 63, s. 45; 1996, c. 2, s. 314; 2005, c. 6, s. 214.

631.1. (Repealed).

1985, c. 27, s. 55; 1996, c. 2, s. 315; 2005, c. 6, s. 214.

DIVISION III

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

632. (Repealed).

M.C. 1916, a. 418; 1982, c. 2, s. 22; 1982, c. 63, s. 46; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

DIVISION IV

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

633. (Repealed).

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; 2005, c. 6, s. 214.

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. Ratepayers having a place of business in the district may apply to the council of the municipality to form an association.

The application must be signed by a minimum number of such ratepayers. There must be

(1)  10 signatures, if there are fewer than 100 such ratepayers;

(2)  20 signatures, if there are 100 or more but fewer than 250 such ratepayers;

(3)  30 signatures, if there are 250 or more but fewer than 500 such ratepayers; and

(4)  40 signatures, if there are 500 or more such ratepayers.

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; 2006, c. 60, s. 34.

637. Within 45 days of receipt of the application, the council shall order the secretary-treasurer to send a notice by registered mail to every ratepayer having a place of business in the district, or cause it to be notified to 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; I.N. 2016-01-01 (NCCP).

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 notified, and the text of this Section and of every pertinent by-law.

1982, c. 65, s. 1; I.N. 2016-01-01 (NCCP).

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 mail to every ratepayer having a place of business in the district, or cause it to be notified to him, informing him that a poll will be held within 90 days from the filing of the application.

1982, c. 65, s. 1; I.N. 2016-01-01 (NCCP).

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 24 months has expired.

1982, c. 65, s. 1; 2006, c. 31, s. 36; 2006, c. 60, s. 35.

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 enterprise registrar three certified true copies of the resolution authorizing the establishment of the association. Subject to the second paragraph, the enterprise registrar shall, on receiving the three copies of the resolution:

(1)  deposit one copy in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  transmit to the secretary-treasurer and to the association or its authorized representative a copy of the resolution;

(3)  (paragraph repealed).

The enterprise registrar 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; 2002, c. 45, s. 273; 2010, c. 7, s. 282.

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 enterprise registrar an application for dissolution of the association.

1997, c. 93, s. 82; 2002, c. 45, s. 273.

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 enterprise registrar.

However, section 103, except subsection 3, and sections 113, 114 and 123 of Part I of the said Act apply, with the necessary modifications, subject to this Section and the by-law approved by the enterprise registrar.

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 enterprise registrar.

1982, c. 65, s. 1, s. 3; 1993, c. 48, s. 220; 2002, c. 45, s. 273.

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 enterprise registrar.

1982, c. 65, s. 1, s. 3; 1997, c. 93, s. 83; 2002, c. 45, s. 273.

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 enterprise registrar to be deposited by him in the register.

1982, c. 65, s. 1, s. 3; 1993, c. 48, s. 221; 2002, c. 45, s. 273.

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.

1982, c. 65, s. 1; 1996, c. 2, s. 455; 1997, c. 93, s. 84; 2006, c. 60, s. 36.

658. At a general meeting specially convened for that purpose or at the annual general meeting, as the board of directors decides, the association shall adopt its budget which may include any project involving capital expenditures.

1982, c. 65, s. 1; 1993, c. 3, s. 110; 2006, c. 60, s. 37.

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 enterprise registrar in three certified true copies. On receiving the copies of the resolution, the enterprise registrar shall observe the procedures prescribed in article 649, with the necessary modifications.

1982, c. 65, s. 1, s. 3; 2002, c. 45, s. 273.

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. A regional county municipality may adopt by-laws or resolutions on each of the matters mentioned in articles 491, 492, 520, 569 to 624 and 626.

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; 2005, c. 6, s. 208.

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, with the necessary modifications, in particular the following modifications:

(1)  the resolution provided for in the second paragraph of article 10 must also set out the administrative and financial terms and conditions relating to the application of articles 10.1 and 10.2;

(2)  the administrative and financial terms and conditions relating to the application of articles 10.1 and 10.2 must be set out in the resolution by which the regional county municipality affirms its jurisdiction, and the resolution may, in addition to what is expressly mentioned in article 10.3, specify the time limit within which a local municipality subject to its jurisdiction may avail itself of article 10.1.

Where the administrative and financial terms and conditions set out in the resolution referred to in subparagraph 2 of the first paragraph are not consistent with those prescribed in the by-law adopted under article 10.3, the former shall prevail.

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; 2002, c. 68, s. 14.

678.0.2.1. A regional county municipality may, by by-law, affirm its jurisdiction in respect of one or more local municipalities whose territories are situated within its territory, with respect to all or part of the management of social housing, residual materials management, the local road system or shared passenger transportation.

2002, c. 2, s. 19; 2002, c. 68, s. 15.

678.0.2.2. A regional county municipality shall, if it wishes to affirm its jurisdiction under article 678.0.2.1, adopt a resolution announcing its intention to do so. The resolution must mention in particular the local municipalities in respect of which the regional county municipality wishes to affirm its jurisdiction and the matter or part of a matter with respect to which the regional county municipality would acquire jurisdiction. An authenticated copy of the resolution must be transmitted by registered mail to each of the local municipalities whose territory is situated in the territory of the regional county municipality.

2002, c. 68, s. 15.

678.0.2.3. The clerk or secretary-treasurer of the local municipality in respect of which the regional county municipality wishes to affirm its jurisdiction shall, in a document transmitted by the clerk or secretary-treasurer to the regional county municipality, identify any officer or employee all of whose working time is devoted exclusively to all or part of the matter with respect to which the regional county municipality has announced, in the resolution provided for in article 678.0.2.2, its intention to affirm its jurisdiction, and whose services will no longer be required because the local municipality has lost its jurisdiction with respect to that matter.

Besides identifying any officer or employee concerned, the document referred to in the first paragraph must specify the nature of the officer’s or employee’s employment relationship with the municipality, the conditions of employment of the officer or employee and, where applicable, the date on which the officer’s or employee’s employment relationship with the municipality would normally have ended. Where the employment relationship results from a written contract of employment, an authenticated copy of the contract must accompany the document.

The clerk or secretary-treasurer shall also, in the document referred to in the first paragraph, identify any equipment or material that will become useless because the municipality has lost its jurisdiction.

The document referred to in the first paragraph must be transmitted to the regional county municipality not later than 60 days following notification of the resolution provided for in section 678.0.2.2.

2002, c. 68, s. 15; I.N. 2016-01-01 (NCCP).

678.0.2.4. Where the document referred to in the first paragraph of article 678.0.2.3 identifies equipment or material, the regional county municipality shall, not later than 60 days following the transmission of the document, enter into an agreement with the local municipality establishing, in the case of the acquisition of jurisdiction by the regional county municipality, the conditions for the transfer to the latter of the equipment or material identified in the document.

Failing an agreement within the time limit determined in the first paragraph, the regional county municipality may, not later than 15 days following the expiry of the time limit, request that the Commission municipale du Québec establish the conditions mentioned in that paragraph. The decision of the Commission applies, in the case of the acquisition of jurisdiction by the regional county municipality, as if the municipalities had entered into an agreement under the first paragraph.

2002, c. 68, s. 15.

678.0.2.5. From the notification of the resolution provided for in article 678.0.2.2 to the tenth day following the expiry of the time limit determined in any of paragraphs 1 to 3 of article 678.0.2.7, a local municipality may not, without the authorization of the regional county municipality, increase expenditures relating to the remuneration and employee benefits of any officer or employee all of whose working time is devoted exclusively to a matter mentioned in the resolution, or hire such an officer or employee, unless the increase or hiring results from the application of a clause of a collective agreement or a contract of employment in force on the date on which the resolution is notified. Nor may a local municipality make an expenditure relating to equipment or material that has been or may be identified in the document referred to in the first paragraph of article 678.0.2.3 without such an authorization.

2002, c. 68, s. 15; I.N. 2016-01-01 (NCCP).

678.0.2.6. No officer or employee of a local municipality may be dismissed solely as a result of the loss of jurisdiction of the municipality following the coming into force of a by-law adopted under article 678.0.2.1.

From the tenth day following the coming into force of such a by-law, every officer or employee identified in the document referred to in the first paragraph of article 678.0.2.3 shall become, without salary reduction, an officer or employee of the regional county municipality and shall retain his or her seniority and employee benefits.

An officer or employee dismissed by a local municipality who is not identified in a document referred to in the first paragraph of article 678.0.2.3 may, if the officer or employee believes that the document should provide that identification, file a complaint in writing within 30 days of being dismissed with the Administrative Labour Tribunal requesting it to conduct an inquiry.

The provisions of the Act to establish the Administrative Labour Tribunal (chapter T-15.1) that pertain to the Administrative Labour Tribunal, its members, their decisions and the exercise of their jurisdiction apply, with the necessary modifications, as do the provisions of the Labour Code (chapter C-27) that pertain to the powers of the members of the Tribunal.

2002, c. 68, s. 15; 2015, c. 15, s. 148.

678.0.2.7. The regional county municipality may adopt and put into force the by-law provided for in article 678.0.2.1

(1)  between the ninetieth and the one hundred and eightieth day following notification of the resolution provided for in article 678.0.2.2, where no equipment or material is identified in the document referred to in the first paragraph of article 678.0.2.3;

(2)  between the day on which it entered into the agreement provided for in the first paragraph of article 678.0.2.4 and the two hundred and tenth day following notification of the resolution provided for in article 678.0.2.2;

(3)   between the day on which the Commission municipale du Québec rendered its decision following a request under the second paragraph of article 678.0.2.4 and the sixtieth day thereafter.

2002, c. 68, s. 15; I.N. 2016-01-01 (NCCP).

678.0.2.8. As soon as practicable after the coming into force of a by-law adopted under article 678.0.2.1, the secretary-treasurer of the regional county municipality shall transmit an authenticated copy of the by-law

(1)  where the matter concerned is the management of social housing, to the Société d’habitation du Québec and to every municipal housing bureau constituted on the application of a local municipality in respect of which the regional county municipality has affirmed its jurisdiction;

(2)  where the matter concerned is the local road system or shared passenger transportation, to the Minister of Transport.

2002, c. 68, s. 15.

678.0.2.9. A local municipality in respect of which a regional county municipality has affirmed its jurisdiction under article 678.0.2.1 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).

Only the representative of such a municipality may participate in the deliberations and vote of the council of the regional county municipality as regards the exercise of the acquired jurisdiction.

2002, c. 68, s. 15.

678.0.3. A regional county municipality which exercises a jurisdiction pursuant to article 678.0.1 or 678.0.2.1 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, 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 or 678.0.2.1, 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 or 678.0.2.1.

1987, c. 102, s. 44; 1996, c. 2, s. 320; 1998, c. 31, s. 52; 2002, c. 68, s. 16; 2005, c. 6, s. 209.

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. (Repealed).

2001, c. 25, s. 49; 2001, c. 68, s. 33; 2002, c. 68, s. 17.

678.0.6. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.0.7. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.0.8. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.0.9. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.0.10. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

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. (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; 2005, c. 6, s. 214.

681.1. Subject to the fourth paragraph of section 157.1 of the Act respecting the Communauté métropolitaine de Montréal (chapter C‐37.01) and the fourth paragraph of section 149 of the Act respecting the Communauté métropolitaine de Québec (chapter C‐37.02), any regional county municipality may, by by-law, designate equipment as being of a supralocal nature within the meaning of section 24.5 of the Act respecting the Commission municipale (chapter C‐35) and establish the rules applicable to the management of the equipment, the financing of the expenditures related thereto and the sharing of the revenue it generates.

The first paragraph does not apply in respect of equipment that the Communauté métropolitaine de Montréal or the Communauté métropolitaine de Québec has designated as being of metropolitan scope pursuant to section 157.1 of the Act respecting the Communauté métropolitaine de Montréal or section 149 of the Act respecting the Communauté métropolitaine de Québec, as the case may be. Nor does it apply in respect of equipment for which an order made pursuant to section 24.13 of the Act respecting the Commission municipale applies as long as the order has not been repealed.

Every intermunicipal agreement relating to equipment, in force on the date of the coming into force of the by-law of the regional county municipality designating the equipment as being of a supralocal nature, ends on the date determined by the regional county municipality. Where the agreement provided for the constitution of an intermunicipal board, that board shall, not later than three months after that date, apply for its dissolution to the Minister, and section 618 applies, with the necessary modifications, to the application.

The first, second and third paragraphs apply, with the necessary modifications, in respect of an infrastructure, a service or an activity. If the activity is carried on or the service is supplied in relation to an event, it makes no difference whether the event is organized by one of the local municipalities whose territory is situated within the territory of the regional county municipality or by a third person.

A local municipality may not, in respect of a function provided for in the first paragraph, exercise 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).

2002, c. 68, s. 18.

681.2. Subject to the fourth paragraph, a regional county municipality may, by by-law, provide that it will finance the sums the local municipalities whose territories are situated in its territory must pay to their municipal housing bureaus under the Act respecting the Société d’habitation du Québec (chapter S-8) for the low-rental housing dwellings referred to in article 1984 of the Civil Code and administered by those bureaus.

As soon as practicable after the coming into force of the by-law, the secretary-treasurer shall send an authenticated copy of the by-law to the Société d’habitation du Québec and to every municipal housing bureau constituted at the request of such a local municipality.

A local municipality may not, with respect to a function provided for in the first paragraph, exercise 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).

A regional county municipality whose territory is situated entirely in that of the Communauté métropolitaine de Montréal may not exercise the power provided for in the first paragraph. A regional county municipality whose territory is situated only in part in that of the metropolitan community may exercise the power provided for in the first paragraph only to finance the sums that must be paid by the local municipalities whose territories are not situated in that of the metropolitan community. Only the representatives of those municipalities may participate in the deliberations and vote held by the council of the regional county municipality on the exercise of that power and only those municipalities shall contribute to the payment of the expenses resulting from the exercise of that power.

2002, c. 68, s. 18; 2004, c. 20, s. 113.

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. (Repealed).

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; 2002, c. 68, s. 19; 2005, c. 6, s. 214.

688.1. (Repealed).

1993, c. 3, s. 120; 2005, c. 6, s. 214.

688.2. (Repealed).

1993, c. 3, s. 120; 2005, c. 6, s. 214.

688.3. (Repealed).

1993, c. 3, s. 120; 2005, c. 6, s. 214.

688.3.1. (Repealed).

2002, c. 37, s. 103; 2005, c. 6, s. 214.

688.3.2. (Repealed).

2002, c. 37, s. 103; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 214.

688.3.3. (Repealed).

2002, c. 37, s. 103; 2005, c. 6, s. 214.

688.4. (Repealed).

1993, c. 3, s. 120; 1996, c. 2, s. 325; 1996, c. 27, s. 78; 2000, c. 56, s. 218; 2005, c. 6, s. 214.

688.5. (Repealed).

1994, c. 33, s. 39; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2004, c. 20, s. 114; 2005, c. 6, s. 214.

688.6. (Repealed).

1994, c. 33, s. 39; 1997, c. 93, s. 88.

688.7. (Repealed).

1995, c. 20, s. 38; 1999, c. 40, s. 60; 2001, c. 6, s. 140; 2005, c. 6, s. 214.

688.8. (Repealed).

1995, c. 20, s. 38; 2005, c. 6, s. 214.

688.9. (Repealed).

1995, c. 20, s. 38; 2005, c. 6, s. 214.

688.10. (Repealed).

1997, c. 53, s. 17; 1997, c. 91, s. 48; 2003, c. 29, s. 146; 2005, c. 6, s. 214.

688.11. (Repealed).

1997, c. 53, s. 17; 1997, c. 93, s. 89; 1997, c. 91, s. 50; 2005, c. 6, s. 214.

688.12. (Repealed).

1997, c. 53, s. 17; 2005, c. 6, s. 214.

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 legal 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; I.N. 2016-01-01 (NCCP).

690. The suit for such annulment is instituted by an application in accordance with the rules that apply to judicial review proceedings under the Code of Civil Procedure (chapter C‐25.01).

Any interested party is competent to take such suit.

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 application 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; 2002, c. 7, s. 168; I.N. 2016-01-01 (NCCP).

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 notification 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 31 of the Code of Civil Procedure (chapter C‐25.01), 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; I.N. 2016-01-01 (NCCP).

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 an authorized insurer or 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; 2018, c. 23, s. 740.

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. However, no approval is required in the case of an amendment to the by-law for the purpose of enhancing benefits, which enhancement is paid out of a stabilization fund established under the Supplemental Pension Plans Act (chapter R-15.1), or refunding contributions paid into such a fund.

The Supplemental Pension Plans Act 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; 2013, c. 30, s. 3.

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. However, the council may exercise the powers provided for in the first and third paragraphs of that article in respect of the members of the council exclusively provided there are officers or employees of the municipality who also benefit from the same type of insurance contract.

The council may, by by-law, authorize any person who was a member of the council of a municipality during any period determined by the by-law and who receives a retirement pension under a plan in which the members of the council of the municipality participated to participate in the group insurance taken out by the municipality. The member shall pay the full amount of the premium.

1980, c. 16, s. 64; 1982, c. 2, s. 25; 1996, c. 2, s. 334; 2003, c. 19, s. 142; 2009, c. 26, s. 28.

711.0.1. A municipality may, by by-law, participate, for the benefit of its officers and employees or the members of the council, in the type of insurance contract referred to in the first or third paragraph of article 708, for which the policyholder is the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM). Such participation may only cover the members of the council if there are officers or employees of the municipality who also benefit from the same type of insurance contract. The by-law establishes the rules governing the proportion of the premium paid by the municipality.

The council may exercise the powers provided for in the second and fourth paragraphs of article 708 and the second paragraph of article 711 in respect of a by-law adopted under this article, with the necessary modifications.

The rules governing the awarding of contracts by a municipality apply to a contract referred to in the first paragraph taken out with an insurer by the Union or the Federation. However, the contract is only subject to the by-law on contract management described in article 938.1.2 that must be adopted by the Union or the Federation for that purpose.

A municipality may also, in accordance with the first and second paragraphs, participate in a contract already taken out with an insurer by the Union or the Federation if such participation was provided for in the call for tenders made by the Union or the Federation and all tenderers are treated equally.

2009, c. 26, s. 29; 2011, c. 11, s. 8; 2017, c. 13, s. 275.

711.1. However, the council of a municipality may exercise its powers under articles 704 to 706, 708, 709, 711 and 711.0.1 by resolution.

1992, c. 27, s. 47; 1996, c. 27, s. 82; 2009, c. 26, s. 30.

TITLE XVIII.1 DAMAGE INSURANCE

1992, c. 27, s. 47.

711.2. Local municipalities may file with the Minister of Municipal Affairs, Regions and Land Occupancy 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) or for any person the municipalities may subsidize under the first paragraph of section 92 of the Municipal Powers Act (chapter C-47.1) or for any partnership or legal person devoted to the pursuit of the purposes mentioned in the second paragraph of section 8, subparagraph 2 of the first paragraph of section 91 or the first paragraph of section 93 of that Act that the municipalities may subsidize.

For the purposes of this Title, the word “municipality” means any municipality, by whatever law governed, or any supramunicipal body within the meaning of section 18 of the Act respecting the Pension Plan of Elected Municipal Officers.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 1999, c. 90, s. 7; 2003, c. 19, s. 143, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 210; 2009, c. 26, s. 109.

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 16 of the Business Corporations Act (chapter S-31.1).

1992, c. 27, s. 47; 1993, c. 48, s. 223; 1999, c. 40, s. 60; 2009, c. 52, s. 548.

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 Autorité des marchés financiers may require any other information or document the Minister or the Authority considers necessary for the evaluation of the application or documents accompanying it.

1992, c. 27, s. 47; 2002, c. 45, s. 274; 2004, c. 37, s. 90.

711.7. After receiving the advice of the Autorité des marchés financiers stating that the proposed constitution is financially viable, the Minister may request the Authority 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 16 of the Business Corporations Act (chapter S-31.1).

The Authority shall transmit the letters patent to the enterprise registrar who shall deposit them in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1).

1992, c. 27, s. 47; 1993, c. 48, s. 224; 1999, c. 40, s. 60; 2002, c. 45, s. 270; 2004, c. 37, s. 90; 2009, c. 52, s. 549; 2010, c. 7, s. 282.

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 Autorité des marchés financiers 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; 2002, c. 45, s. 274; 2004, c. 37, s. 90.

711.10. Where letters patent contain a misnomer, a misdescription or a clerical error, the Autorité des marchés financiers may, if there is no adverse claim, direct that the letters patent be corrected or cancelled and that correct ones be issued.

The Autorité des marchés financiers shall send the corrected letters patent to the enterprise registrar who shall deposit them in the register. They have effect from the date of deposit of the original letters patent, subject to the rights acquired by third persons.

1992, c. 27, s. 47; 1993, c. 48, s. 225; 2002, c. 45, s. 274; 2004, c. 37, s. 90; 2008, c. 7, s. 54.

711.10.1. The remedy provided for in section 25 of the Business Corporations Act (chapter S-31.1), 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; 2009, c. 52, s. 550.

711.10.2. A legal person is a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), even if its board of directors is not composed in the majority of members of the council of a municipality.

2003, c. 19, s. 144.

711.11. For the application of the Insurers Act (chapter A-32.1) to a legal person, the latter is considered to be a mutual company. However, unlike such a company,

(1)  the legal person is prohibited from pursuing any other object than that provided for in article 711.2;

(2)  despite Division II of Chapter VIII of Title III of that Act, the legal person does not have capital stock;

(3)  despite Chapter XII of Title III of that Act, the legal person’s letters patent are to be amended only under this Title; and

(4)  despite Chapters XIII and XIV of Title III of that Act, the legal person may not be continued under any other Act or amalgamate with another mutual company.

Despite section 23 of the Insurers Act, the Authority may grant its authorization to a legal person that does not have capital in the amount of at least $5,000,000. In addition, the legal person is not required, in its investments, to comply with sections 84 and 85 of that Act.

Despite section 352 of that Act, in the case of the winding-up of the legal person, persons who were mutual members in any of the three years preceding the commencement of the winding-up shall share the legal person’s remaining property in proportion to the sums they paid over the course of those years.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 2002, c. 70, s. 182; 2009, c. 52, s. 551; 2018, c. 23, s. 741.

711.11.1. Articles 935 to 938.4 and 961.2 to 961.4 apply to a legal person, with the necessary modifications, and a legal person is deemed to be a local municipality for the purposes of a regulation made under article 938.0.1 or 938.1.1.

The following modifications are among those applicable for the purposes of the first paragraph: if the legal person does not have a website, the statement and hyperlink required under the second paragraph of article 961.4 must be posted on another website the legal person determines; the legal person shall give public notice of the address of that website at least once a year; the notice must be published in a newspaper in the territory of each municipality that is a member of the legal person.

2003, c. 19, s. 145; 2010, c. 1, s. 19; 2010, c. 18, s. 42.

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.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 2002, c. 70, s. 183.

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 Autorité des marchés financiers 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 sufficient capital, in accordance with the Insurers Act (chapter A‐32.1), the Authority may order the legal person, after giving it the opportunity to present observations, to increase the contributions by the amount and for the period that the Authority 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 Insurers Act.

1992, c. 27, s. 47; 1997, c. 43, s. 182; 1999, c. 40, s. 60; 2002, c. 70, s. 184; 2002, c. 45, s. 271; 2004, c. 37, s. 90; 2018, c. 23, s. 811.

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 five years after the date on which it became a member.

After the five-year period, the withdrawal of a member is subject to the authorization of the Autorité des marchés financiers.

The Autorité des marchés financiers shall grant authorization

(1)  if it considers that the legal person remains financially viable despite the withdrawal;

(2)  if the legal person agrees to comply with the conditions the Authority considers necessary for the legal person to remain financially viable despite the withdrawal.

If the legal person cannot, in the opinion of the Autorité des marchés financiers, remain financially viable despite the withdrawal or if the legal person refuses to comply with the conditions considered necessary by the Autorité des marchés financiers, the latter shall order the winding-up of the legal person and appoint a liquidator.

The Autorité des marchés financiers 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 the Authority informs the legal person of its 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 Autorité des marchés financiers orders the winding-up of the legal person, it shall transmit a notice to that effect to the enterprise registrar who shall deposit it in the enterprise register.

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; 2003, c. 19, s. 146; 2002, c. 45, s. 272; 2004, c. 37, s. 90; 2010, c. 40, s. 92; 2018, c. 23, s. 742.

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. Despite section 89 of the Insurers Act (chapter A-32.1), a legal person is not required to be a member of a compensation body recognized by the Authority.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 2018, c. 23, s. 743.

711.19. (Repealed).

1992, c. 27, s. 47; 2003, c. 19, s. 147.

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;

(3)  assume the defence of a member of the council against whom an application has been brought under section 312.1 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

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; 2013, c. 3, s. 4; I.N. 2016-01-01 (NCCP).

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. They do not apply in the case provided for in subparagraph 3 of the first paragraph of article 711.19.1.

1996, c. 27, s. 83; 2013, c. 3, s. 5.

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

Repealed, 2005, c. 6, s. 214.

1992, c. 54, s. 63; 2005, c. 6, s. 214.

711.20. (Repealed).

1992, c. 54, s. 63; 2005, c. 6, s. 214.

711.21. (Repealed).

1992, c. 54, s. 63; 2005, c. 6, s. 214.

711.22. (Repealed).

1992, c. 54, s. 63; 2005, c. 6, s. 214.

711.23. (Repealed).

1992, c. 54, s. 63; 2005, c. 6, s. 214.

711.24. (Repealed).

1992, c. 54, s. 63; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

711.25. (Repealed).

1992, c. 54, s. 63; 2005, c. 6, s. 214.

CHAPTER I PROVISIONS COMMON TO ROADS, BRIDGES AND WATERCOURSES

RESPONSIBILITY FOR THEIR MAINTENANCE AND THAT OF SIDEWALKS

712. (Repealed).

M.C. 1916, a. 444; 1996, c. 2, s. 335; 2005, c. 6, s. 214.

713. (Repealed).

M.C. 1916, a. 445; 1996, c. 2, s. 336; 2001, c. 25, s. 50; 2002, c. 68, s. 20; 2005, c. 6, s. 214.

714. (Repealed).

M.C. 1916, a. 446; 1996, c. 2, s. 337; 2005, c. 6, s. 214.

715. (Repealed).

M.C. 1916, a. 447; 1934, c. 83, s. 9; 1938, c. 103, s. 6; 1996, c. 2, s. 338; 2005, c. 6, s. 214.

716. (Repealed).

M.C. 1916, a. 448; 1996, c. 2, s. 339; 2005, c. 6, s. 214.

717. (Repealed).

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; 2005, c. 6, s. 214.

718. (Repealed).

M.C. 1916, a. 449; 1996, c. 2, s. 341; 2005, c. 6, s. 214.

719. (Repealed).

M.C. 1916, a. 450; 1996, c. 2, s. 342; 2005, c. 6, s. 214.

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. (Repealed).

1930-31, c. 118, s. 2; 1996, c. 2, s. 344; 2002, c. 68, s. 21; 2005, c. 6, s. 214.

723. (Repealed).

M.C. 1916, a. 452; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

724. (Repealed).

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; 2005, c. 6, s. 211; 2010, c. 18, s. 43.

725. (Repealed).

1935, c. 47, s. 3; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2010, c. 18, s. 43.

725.1. (Repealed).

1992, c. 54, s. 64; 2010, c. 18, s. 43.

725.2. (Repealed).

1992, c. 54, s. 64; 1994, c. 33, s. 40; 2010, c. 18, s. 43.

725.3. (Repealed).

1992, c. 54, s. 64; 1994, c. 33, s. 41; 1998, c. 35, s. 23; 2010, c. 18, s. 43.

725.4. (Repealed).

1992, c. 54, s. 64; 2010, c. 18, s. 43.

CHAPTER II

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

DIVISION I

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

726. (Repealed).

M.C. 1916, a. 454; 2005, c. 6, s. 214.

727. (Repealed).

M.C. 1916, a. 455; 2005, c. 6, s. 214.

728. (Repealed).

M.C. 1916, a. 456; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

729. (Repealed).

M.C. 1916, a. 457; 2005, c. 6, s. 214.

730. (Repealed).

M.C. 1916, a. 458; 1996, c. 2, s. 346; 2005, c. 6, s. 214.

731. (Repealed).

M.C. 1916, a. 459; 1996, c. 2, s. 347; 2005, c. 6, s. 214.

732. (Repealed).

M.C. 1916, a. 460; 1922 (1st sess.), c. 103, s. 1; 1982, c. 2, s. 26; 1996, c. 2, s. 348; 2005, c. 6, s. 214.

733. (Repealed).

M.C. 1916, a. 461; 2005, c. 6, s. 214.

734. (Repealed).

M.C. 1916, a. 462; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

735. (Repealed).

M.C. 1916, a. 463; 1996, c. 2, s. 349; 2005, c. 6, s. 214.

736. (Repealed).

M.C. 1916, a. 464; 1996, c. 2, s. 350; 2005, c. 6, s. 214.

737. (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; 2005, c. 6, s. 214.

738. (Repealed).

M.C. 1916, a. 466; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

738.1. (Repealed).

2001, c. 68, s. 37; 2002, c. 37, s. 104; 2005, c. 6, s. 214.

738.2. (Repealed).

2001, c. 68, s. 37; 2005, c. 6, s. 214.

738.3. (Repealed).

2001, c. 68, s. 37; 2005, c. 6, s. 214.

739. (Repealed).

M.C. 1916, a. 467; 1996, c. 27, s. 84; 2005, c. 6, s. 214.

740. (Repealed).

M.C. 1916, a. 469; 1944, c. 46, s. 5; 2005, c. 6, s. 214.

741. (Repealed).

M.C. 1916, a. 470; 2005, c. 6, s. 214.

742. (Repealed).

M.C. 1916, a. 471; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

743. (Repealed).

M.C. 1916, a. 472; 1996, c. 2, s. 352; 2005, c. 6, s. 214.

744. (Repealed).

M.C. 1916, a. 473; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

745. (Repealed).

M.C. 1916, a. 474; 2005, c. 6, s. 214.

746. (Repealed).

M.C. 1916, a. 475; 2005, c. 6, s. 214.

747. (Repealed).

M.C. 1916, a. 476; 2005, c. 6, s. 214.

748. (Repealed).

M.C. 1916, a. 477; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

749. (Repealed).

M.C. 1916, a. 478; 1922 (1st sess.), c. 102, s. 2; 1952-53, c. 23, s. 6; 2005, c. 6, s. 214.

750. (Repealed).

M.C. 1916, a. 479; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

DIVISION II

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

§ 1 . —

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

751. (Repealed).

M.C. 1916, a. 480; 1935, c. 110, s. 1; 1984, c. 47, s. 213; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

752. (Repealed).

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; 2005, c. 6, s. 214.

753. (Repealed).

M.C. 1916, a. 482; 2005, c. 6, s. 214.

754. (Repealed).

M.C. 1916, a. 483; 1984, c. 47, s. 213; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

755. (Repealed).

M.C. 1916, a. 484; 1984, c. 47, s. 213; 1996, c. 2, s. 354; 2005, c. 6, s. 214.

756. (Repealed).

1943, c. 48, s. 3; 2005, c. 6, s. 214.

757. (Repealed).

M.C. 1916, a. 485; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

758. (Repealed).

M.C. 1916, a. 486; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

759. (Repealed).

M.C. 1916, a. 487; 1922 (2nd sess.), c. 86, s. 1; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

760. (Repealed).

1922 (2nd sess.), c. 87, s. 1; 1990, c. 4, s. 253; 1996, c. 2, s. 355; 2005, c. 6, s. 214.

§ 2 . —

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

761. (Repealed).

M.C. 1916, a. 488; 1919, c. 87, s. 1; 1947, c. 77, s. 20; 1996, c. 2, s. 356; 2005, c. 6, s. 214.

762. (Repealed).

M.C. 1916, a. 489; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

§ 3 . —

Repealed, 2005, c. 6, s. 214.

1996, c. 2, s. 357; 2005, c. 6, s. 214.

763. (Repealed).

M.C. 1916, a. 490; 1996, c. 2, s. 358; 2005, c. 6, s. 214.

764. (Repealed).

M.C. 1916, a. 491; 1996, c. 2, s. 358; 2005, c. 6, s. 214.

765. (Repealed).

M.C. 1916, a. 492; 1996, c. 2, s. 358; 2005, c. 6, s. 214.

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

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

773. (Repealed).

M.C. 1916, a. 499; 1941, c. 70, s. 2; 2005, c. 6, s. 214.

774. (Repealed).

M.C. 1916, a. 500; 1941, c. 70, s. 3; 2001, c. 25, s. 51; 2005, c. 6, s. 214.

775. (Repealed).

1941, c. 70, s. 4; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

776. (Repealed).

M.C. 1916, a. 501; 1941, c. 70, s. 5; 2005, c. 6, s. 214.

777. (Repealed).

M.C. 1916, a. 502; 1930, c. 107, s. 1; 1941, c. 70, s. 5; 2005, c. 6, s. 214.

778. (Repealed).

1930, c. 107, s. 2; 1941, c. 70, s. 5; 2005, c. 6, s. 214.

779. (Repealed).

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; 2005, c. 6, s. 214.

780. (Repealed).

1941, c. 70, s. 6; 2005, c. 6, s. 214.

781. (Repealed).

M.C. 1916, a. 504; 1996, c. 2, s. 359; 2005, c. 6, s. 214.

782. (Repealed).

M.C. 1916, a. 505; 2005, c. 6, s. 214.

783. (Repealed).

1941, c. 70, s. 7; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

784. (Repealed).

M.C. 1916, a. 506; 2005, c. 6, s. 214.

785. (Repealed).

M.C. 1916, a. 507; 2005, c. 6, s. 214.

786. (Repealed).

M.C. 1916, a. 508; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

787. (Repealed).

M.C. 1916, a. 509; 2005, c. 6, s. 214.

788. (Repealed).

M.C. 1916, a. 510; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

789. (Repealed).

M.C. 1916, a. 512; 2005, c. 6, s. 214.

790. (Repealed).

M.C. 1916, a. 513; 2005, c. 6, s. 214.

791. (Repealed).

M.C. 1916, a. 514; 2005, c. 6, s. 214.

792. (Repealed).

M.C. 1916, a. 515; 1941, c. 70, s. 9; 2005, c. 6, s. 214.

793. (Repealed).

1942, c. 69, s. 4; 1986, c. 32, s. 13.

794. (Repealed).

M.C. 1916, a. 516; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

CHAPTER IV

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

795. (Repealed).

M.C. 1916, a. 517; 1941, c. 70, s. 10; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

796. (Repealed).

M.C. 1916, a. 518; 2005, c. 6, s. 214.

797. (Repealed).

M.C. 1916, a. 519; 1996, c. 2, s. 360; 2005, c. 6, s. 214.

798. (Repealed).

M.C. 1916, a. 520; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

799. (Repealed).

M.C. 1916, a. 521; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

800. (Repealed).

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; 2005, c. 6, s. 214.

801. (Repealed).

M.C. 1916, a. 523; 1951-52, c. 62, s. 2; 1983, c. 57, s. 23; 1996, c. 2, s. 362; 2005, c. 6, s. 214.

802. (Repealed).

M.C. 1916, a. 525; 1951-52, c. 61, s. 6; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

803. (Repealed).

M.C. 1916, a. 526; 1996, c. 2, s. 363; 2005, c. 6, s. 214.

804. (Repealed).

M.C. 1916, a. 527; 1951-52, c. 61, s. 7; 1983, c. 57, s. 24; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

805. (Repealed).

M.C. 1916, a. 528; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

806. (Repealed).

M.C. 1916, a. 529; 1996, c. 2, s. 364; 2005, c. 6, s. 214.

807. (Repealed).

M.C. 1916, a. 530; 2005, c. 6, s. 214.

808. (Repealed).

M.C. 1916, a. 531; 1996, c. 2, s. 365; 2005, c. 6, s. 214.

809. (Repealed).

M.C. 1916, a. 532; 2005, c. 6, s. 214.

810. (Repealed).

M.C. 1916, a. 533; 2005, c. 6, s. 214.

CHAPTER V

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

811. (Repealed).

M.C. 1916, a. 534; 1996, c. 2, s. 366; 2005, c. 6, s. 214.

812. (Repealed).

M.C. 1916, a. 535; 2005, c. 6, s. 214.

813. (Repealed).

M.C. 1916, a. 536; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

814. (Repealed).

M.C. 1916, a. 537; 2005, c. 6, s. 214.

815. (Repealed).

M.C. 1916, a. 538; 1996, c. 2, s. 367; 2005, c. 6, s. 214.

816. (Repealed).

1919, c. 83, s. 2; 1972, c. 54, s. 32; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

817. (Repealed).

M.C. 1916, a. 539; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

818. (Repealed).

M.C. 1916, a. 540; 2005, c. 6, s. 214.

819. (Repealed).

M.C. 1916, a. 541; 1996, c. 2, s. 368; 2002, c. 68, s. 22; 2005, c. 6, s. 214.

820. (Repealed).

M.C. 1916, a. 542; 1996, c. 2, s. 369; 2005, c. 6, s. 214.

821. (Repealed).

M.C. 1916, a. 543; 1996, c. 2, s. 370; 2005, c. 6, s. 214.

822. (Repealed).

M.C. 1916, a. 544; 2005, c. 6, s. 214.

823. (Repealed).

M.C. 1916, a. 545; 1990, c. 4, s. 254; 2005, c. 6, s. 214.

824. (Repealed).

M.C. 1916, a. 546; 1996, c. 2, s. 371; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

825. (Repealed).

M.C. 1916, a. 547; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

826. (Repealed).

M.C. 1916, a. 548; 1982, c. 2, s. 27; 1983, c. 57, s. 25; 1996, c. 2, s. 372; 2005, c. 6, s. 214.

827. (Repealed).

M.C. 1916, a. 549; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

828. (Repealed).

M.C. 1916, a. 550; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

829. (Repealed).

M.C. 1916, a. 551; 2005, c. 6, s. 214.

830. (Repealed).

M.C. 1916, a. 552; 2005, c. 6, s. 214.

831. (Repealed).

M.C. 1916, a. 553; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

832. (Repealed).

M.C. 1916, a. 554; 2005, c. 6, s. 214.

833. (Repealed).

M.C. 1916, a. 555; 2005, c. 6, s. 214.

834. (Repealed).

M.C. 1916, a. 556; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

835. (Repealed).

M.C. 1916, a. 557; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

836. (Repealed).

M.C. 1916, a. 558; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

837. (Repealed).

M.C. 1916, a. 559; 1939, c. 98, s. 5; 1941, c. 70, s. 12; 2005, c. 6, s. 214.

838. (Repealed).

M.C. 1916, a. 560; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

839. (Repealed).

M.C. 1916, a. 561; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

840. (Repealed).

M.C. 1916, a. 562; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

841. (Repealed).

M.C. 1916, a. 563; 2005, c. 6, s. 214.

842. (Repealed).

M.C. 1916, a. 564; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

843. (Repealed).

M.C. 1916, a. 565; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

844. (Repealed).

M.C. 1916, a. 566; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

845. (Repealed).

M.C. 1916, a. 567; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

846. (Repealed).

M.C. 1916, a. 568; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

847. (Repealed).

M.C. 1916, a. 569; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

848. (Repealed).

M.C. 1916, a. 570; 2005, c. 6, s. 214.

849. (Repealed).

M.C. 1916, a. 571; 1996, c. 2, s. 373; 2005, c. 6, s. 214.

850. (Repealed).

M.C. 1916, a. 572; 1996, c. 2, s. 374; 2005, c. 6, s. 214.

851. (Repealed).

M.C. 1916, a. 573; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

CHAPTER VI

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

852. (Repealed).

M.C. 1916, a. 574; 1996, c. 2, s. 375; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

853. (Repealed).

M.C. 1916, a. 575; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

854. (Repealed).

M.C. 1916, a. 576; 2005, c. 6, s. 214.

855. (Repealed).

M.C. 1916, a. 577; 2005, c. 6, s. 214.

856. (Repealed).

M.C. 1916, a. 578; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

857. (Repealed).

M.C. 1916, a. 579; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

858. (Repealed).

M.C. 1916, a. 580; 2005, c. 6, s. 214.

859. (Repealed).

M.C. 1916, a. 581; 2005, c. 6, s. 214.

860. (Repealed).

M.C. 1916, a. 582; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

861. (Repealed).

M.C. 1916, a. 583; 2005, c. 6, s. 214.

862. (Repealed).

M.C. 1916, a. 584; 2005, c. 6, s. 214.

863. (Repealed).

M.C. 1916, a. 585; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

864. (Repealed).

M.C. 1916, a. 586; 1996, c. 2, s. 376; 2002, c. 37, s. 105; 2005, c. 6, s. 214.

865. (Repealed).

M.C. 1916, a. 587; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

866. (Repealed).

M.C. 1916, a. 588; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

867. (Repealed).

M.C. 1916, a. 589; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

868. (Repealed).

M.C. 1916, a. 590; 2005, c. 6, s. 214.

869. (Repealed).

M.C. 1916, a. 591; 2005, c. 6, s. 214.

870. (Repealed).

M.C. 1916, a. 592; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

871. (Repealed).

M.C. 1916, a. 593; 1996, c. 2, s. 377; 2005, c. 6, s. 214.

CHAPTER VII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

872. (Repealed).

M.C. 1916, a. 594; 2005, c. 6, s. 214.

873. (Repealed).

M.C. 1916, a. 595; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

874. (Repealed).

M.C. 1916, a. 596; 2005, c. 6, s. 214.

875. (Repealed).

M.C. 1916, a. 597; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

876. (Repealed).

M.C. 1916, a. 598; 2005, c. 6, s. 214.

877. (Repealed).

M.C. 1916, a. 599; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

878. (Repealed).

M.C. 1916, a. 600; 1996, c. 2, s. 378; 2005, c. 6, s. 214.

879. (Repealed).

M.C. 1916, a. 601; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

880. (Repealed).

M.C. 1916, a. 602; 2005, c. 6, s. 214.

881. (Repealed).

M.C. 1916, a. 603; 2005, c. 6, s. 214.

CHAPTER VIII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

DIVISION I

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

882. (Repealed).

M.C. 1916, a. 604; 2005, c. 6, s. 214.

883. (Repealed).

M.C. 1916, a. 605; 2005, c. 6, s. 214.

DIVISION II

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

884. (Repealed).

M.C. 1916, a. 606; 2005, c. 6, s. 214.

885. (Repealed).

M.C. 1916, a. 607; 1984, c. 47, s. 213; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

DIVISION III

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

886. (Repealed).

M.C. 1916, a. 608; 2005, c. 6, s. 214.

887. (Repealed).

M.C. 1916, a. 609; 2005, c. 6, s. 214.

888. (Repealed).

M.C. 1916, a. 610; 2005, c. 6, s. 214.

889. (Repealed).

M.C. 1916, a. 611; 2005, c. 6, s. 214.

890. (Repealed).

M.C. 1916, a. 612; 1996, c. 2, s. 379; 2005, c. 6, s. 214.

DIVISION IV

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

891. (Repealed).

M.C. 1916, a. 613; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

DIVISION V

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

892. (Repealed).

M.C. 1916, a. 614; 2005, c. 6, s. 214.

CHAPTER IX

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

DIVISION I

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

893. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

DIVISION II

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

894. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

DIVISION III

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

895. (Repealed).

1920, c. 83, s. 1; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

896. (Repealed).

1920, c. 83, s. 1; 1949, c. 59, s. 65; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 2005, c. 6, s. 214.

897. (Repealed).

1920, c. 83, s. 1; 1949, c. 59, s. 66; 1965 (1st sess.), c. 17, s. 2; 2005, c. 6, s. 214.

898. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

DIVISION IV

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

899. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 380; 2005, c. 6, s. 214.

DIVISION V

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

900. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 381; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

901. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

902. (Repealed).

1920, c. 83, s. 1; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

903. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

904. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

905. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

906. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 382; 2005, c. 6, s. 214.

907. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

908. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

909. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 383; 2005, c. 6, s. 214.

910. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

911. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

912. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

913. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

914. (Repealed).

1920, c. 83, s. 1; 2005, c. 6, s. 214.

915. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

916. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

917. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

918. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 384; 2005, c. 6, s. 214.

DIVISION VI

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

919. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 385; 2005, c. 6, s. 214.

DIVISION VII

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

920. (Repealed).

1920, c. 83, s. 1; 1992, c. 27, s. 48; 2005, c. 6, s. 214.

921. (Repealed).

1920, c. 83, s. 1; 1996, c. 2, s. 386; 2005, c. 6, s. 214.

922. (Repealed).

1920, c. 83, s. 1; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

923. (Repealed).

1920, c. 83, s. 1; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

DIVISION VIII

Repealed, 2005, c. 6, s. 214.

1992, c. 61, s. 194; 2005, c. 6, s. 214.

924. (Repealed).

1920, c. 83, s. 1; 1990, c. 4, s. 255; 2005, c. 6, s. 214.

TITLE XX

Repealed, 2005, c. 6, s. 214.

2005, c. 6, s. 214.

925. (Repealed).

M.C. 1916, a. 615; 1996, c. 2, s. 387; 2005, c. 6, s. 214.

926. (Repealed).

M.C. 1916, a. 616; 1996, c. 2, s. 388; 2005, c. 6, s. 214.

927. (Repealed).

M.C. 1916, a. 617; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

928. (Repealed).

M.C. 1916, a. 618; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

929. (Repealed).

M.C. 1916, a. 619; 2005, c. 6, s. 214.

930. (Repealed).

M.C. 1916, a. 620; 1996, c. 2, s. 389; 2005, c. 6, s. 214.

931. (Repealed).

M.C. 1916, a. 621; 1996, c. 2, s. 390; 2005, c. 6, s. 214.

932. (Repealed).

M.C. 1916, a. 622; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

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 MAKING AND MANAGEMENT OF CONTRACTS BY SUCH MUNICIPALITIES FOR THE SUPPLY OF EQUIPMENT AND SERVICES

1996, c. 2, s. 455; 2019, c. 28, s. 129.

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.

M.C. 1916, a. 624; 1996, c. 2, s. 392; 2005, c. 6, s. 212.

934.1. A municipality may, by mutual agreement and gratuitously, unite with

(1)  a public body subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a person or body considered a public body under that Act, a non-profit body, an educational institution, a telecommunications company, an enterprise that transports, distributes or sells gas, water or electricity, or the owner of a mobile home park, in order to perform work; or

(2)  another municipality, 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), a school service centre, an educational institution, a non-profit body or the owner of a mobile home park, in order to obtain insurance, supplies or services.

The union provided for in the first paragraph may concern all or part of the acts to be performed in connection with an eventual insurance contract, contract for the performance of work, supply contract or services contract.

The municipality shall make sure that any contract with a third party resulting from the union complies with articles 961.2 and 935 to 938.4.

The parties to the union shall determine the terms governing it. The terms shall specify which of the by-laws on contract management is to apply, which council is responsible for the performance assessment process, which delegatee is to establish the selection committee, and any other term that would allow the adapted application of articles 935 to 938.4. Those articles have precedence over any incompatible term determined under this paragraph. Furthermore, the total amount of expenditures of all the parties to the union is to be considered for the application of those articles and article 961.2.

The provisions of Division XXV of Chapter II of Title XIV concerning intermunicipal agreements do not apply to a union between several municipalities under this section.

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

This article does not prevent a municipality from giving a mandate to or receiving a mandate from a body or person referred to in this article, in compliance with articles 935 to 938.4 and in keeping with the jurisdictions and powers of each.

2019, c. 28, s. 130; 2020, c. 1, s. 312.

935. (1)  The following contracts, if they involve an expenditure equal to or above the threshold ordered by the Minister, may only be awarded after a public call for tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  supply contracts;

(4)  contracts for the supply of services other than professional services

(a)  covered by a regulation adopted under article 938.0.1 or 938.0.2, where the contract is made in accordance with that regulation; and 

(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 article, “supply contracts” includes, in particular, any contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining the property, and any contract for the lease of equipment with an option to purchase.

A public call for tenders for a construction, supply or services contract involving an expenditure equal to or above the threshold ordered by the Minister must

(1) be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper in the territory of the municipality or, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2) provide that any document to which it refers and any additional related document may only be obtained by means of that system.

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) (subparagraph repealed);

(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 must be in accordance with the time ordered by the Minister.

If the tender documents are amended in such a way as to affect the prices, the amendment must be sent, at least seven days before the expiry of the time limit for the receipt of tenders, to the persons who requested a copy of the call for tenders, a document it refers to or a related document. If the seven-day period cannot be complied with, the time limit for the receipt of tenders shall be extended by the number of days needed to ensure compliance with that minimum period.

(2.0.1)  A public call for tenders may provide that the municipality reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the first paragraph, a municipality may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the municipality or by the body responsible for carrying out an agreement to which the municipality is a party and which was entered into under article 14.7.1, 14.8 or 934.1;

(2)  it was carried out by the person designated for that purpose by the council of the municipality or by the body;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the municipality or body; and

(5)  after any comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the municipality or by the body not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment.

The guide is made available to the public in the manner determined by the Minister.

(2.1)  A public call for tenders for a contract referred to in the third paragraph of subarticle 1 may also provide that tenders will be considered only if

(1)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of supply contracts or contracts for the supply of services involving an expenditure below the ceiling ordered by the Minister;

(2)  they are submitted by contractors or suppliers that have an establishment in Canada, in the case of contracts for the supply of services other than services listed in subparagraph 2.3 of the first paragraph of article 938, and involving an expenditure equal to or above the ceiling ordered by the Minister; or

(3)  in the case of supply contracts or contracts for the supply of services listed in subparagraph 2.3 of the first paragraph of article 938 involving an expenditure equal to or above the ceiling ordered by the Minister, they are submitted by contractors or suppliers that have an establishment in Canada or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and are mentioned in the electronic tendering system approved by the Government; or

(4)  in the case of construction contracts, they are submitted by contractors or suppliers that have an establishment in Canada or only in a part of Canada, or in any of the territories covered by the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, and are mentioned in the electronic tendering system approved by the Government according to whether they involve an expenditure above or below the ceiling ordered by the Minister.

(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.

(3.1)  Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of the council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subarticle 1 and the operator’s employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

(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, Regions and Land Occupancy, 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).

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 31, s. 109; 2010, c. 18, s. 44; 2010, c. 1, s. 20; 2010, c. 18, s. 44; 2012, c. 30, s. 4; 2016, c. 17, s. 20; 2018, c. 8, s. 86; 2019, c. 28, s. 131.

936. A contract referred to in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 may be awarded only after a call for tenders by written invitation to at least two contractors or, as applicable, two suppliers if it involves an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under article 935.

The time for the receipt of tenders must not be less than eight days.

Subarticles 3 to 8 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; 2018, c. 8, s. 87.

936.0.0.1. Tenders submitted electronically may only be submitted through the electronic tendering system approved by the Government.

Any municipality that agrees to receive tenders electronically must mention that fact in its calls for tenders or in the documents to which they refer.

However, a municipality may not require that tenders be submitted only electronically.

2018, c. 8, s. 88.

936.0.1. The council may choose to use a system of bid weighting and evaluating whereby each bid obtains a number of points based on the price as well as on the quality or quantity of goods, services or work, the delivery procedure, servicing, the experience and financial capacity required of the insurer, supplier or contractor or on any other criteria directly related to the procurement.

Where the council chooses to use such a system, the call for tenders or any document to which it refers shall mention all the requirements and all criteria that will be used for evaluating the bids, as well as the weighting and evaluation methods based on those criteria.

The council shall establish a selection committee consisting of at least three members, other than council members; the committee shall evaluate each tender and assign it a number of points for each criterion.

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 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; 2017, c. 13, s. 95.

936.0.1.1. The council may 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;

(2.1)  the system must mention, if applicable, all the evaluation criteria and the minimum number of points that must be assigned to each to establish an interim score for a tender;

(2.2)  the system must mention the factor, varying between 0 and 50, to be added to the interim score in the formula in subparagraph e of subparagraph 3 for establishing the final score;

(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 envelopes or electronic sendings containing the proposed price, open only those from persons whose tender has obtained an interim score of at least 70 and return the others unopened to the senders, despite subarticles 4 and 6 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 the factor determined under subparagraph 2.2 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must

(1)  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;

(2)  specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price;

(2.1)  despite subparagraph 2, if the council accepts electronic submission of tenders, specify that the tender must be submitted in two separate sendings, the first containing all the documents and the second containing the proposed price; and

(3)  mention which criterion, between the lowest proposed price and the highest interim score, will be used to break a tie in the number of points assigned to final tenders by the selection committee.

The council may not award the contract to a person other than the person who submitted a tender within the prescribed time and whose tender received the highest final score. If more than one tender obtained the highest final score, the council shall award the contract to the person who submitted the tender that meets the criterion mentioned, in accordance with subparagraph 3 of the second paragraph, in the call for tenders or a document to which it refers.

For the purposes of subarticle 8 of article 935, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

2002, c. 37, s. 109; 2002, c. 77, s. 44; 2016, c. 17, s. 21; 2017, c. 13, s. 96; 2018, c. 8, s. 89.

936.0.1.2. Where a contract for professional services is to be awarded, the council must use the system of bid weighting and evaluating provided for in article 936.0.1 or 936.0.1.1.

2017, c. 13, s. 97.

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 article 935, the process may discriminate as permitted in the case of a public call for tenders in relation to such a contract under subarticle 2.1 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 article 935.

1997, c. 53, s. 20; 2018, c. 8, s. 264.

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. Unless otherwise permitted under article 935 or under the regulations made under any of articles 938.0.1, 938.0.2 and 938.1.1, no public call for tenders or document to which it refers may discriminate on the basis of the province, territory or country of origin of the goods, services, insurers, suppliers or contractors.

1997, c. 53, s. 20; 2001, c. 25, s. 55; 2010, c. 1, s. 21; 2018, c. 8, s. 90.

936.0.5. If the council uses a system of bid weighting and evaluating described in article 936.0.1, it may, in the call for tenders, provide that the opening of tenders will be followed by individual discussions with each tenderer to further define the technical or financial aspects of the project and allow the tenderer to submit a final tender that reflects the outcome of those discussions.

A call for tenders for such contracts must also contain

(1)  the rules for breaking a tie in the points assigned to final tenders by the selection committee;

(2)  the procedure and the time period, which may not exceed six months, for holding discussions; and

(3)  provisions allowing the municipality to ensure compliance at all times with the rules applicable to it, in particular with respect to access to the documents of public bodies and the protection of personal information.

The selection committee shall evaluate each final tender and, for each criterion mentioned in the call for tenders described in the first paragraph, assign points which the secretary of the selection committee shall record in the secretary’s report referred to in article 936.0.12.

The Minister of Municipal Affairs, Regions and Land Occupancy may, on the conditions he determines, authorize the council to pay a financial compensation to each tenderer, other than the one to whom the contract is awarded, who submitted a compliant tender. In such a case, the call for tenders must provide for such a payment and may not be published before the Minister has given his authorization.

2011, c. 33, s. 13; 2017, c. 13, s. 98.

936.0.6. In addition to any publication required under subparagraph 1 of the third paragraph of subarticle 1 of article 935, every call for final tenders must be sent in writing to each tenderer referred to in the first paragraph of article 936.0.5.

2011, c. 33, s. 13.

936.0.7. In the case of a call for tenders described in article 936.0.5 or 936.0.6, the prohibition set out in subarticle 3.1 of article 935 applies until the reports referred to in article 936.0.12 are tabled.

2011, c. 33, s. 13.

936.0.8. Subarticles 4 to 6 of article 935 do not apply to a tender submitted following a call for tenders described in article 936.0.5 or 936.0.6.

Such tenders must be opened in the presence of the secretary of the selection committee; the secretary shall record the names of the tenderers and the price of each tender in the report referred to in article 936.0.12.

2011, c. 33, s. 13.

936.0.9. If the council establishes a qualification process described in article 936.0.2 to award a single contract under article 936.0.5, it may set a limit, which may not be less than three, on the number of suppliers to which it will grant qualification.

2011, c. 33, s. 13.

936.0.10. Any provision required in order to bring the parties to enter into a contract may be negotiated with the person that obtained the highest score, provided the provision conserves the basic elements of the calls for tenders described in articles 936.0.5 and 936.0.6 and the basic elements of the tender.

2011, c. 33, s. 13.

936.0.11. The discussions and negotiations described in articles 936.0.5 and 936.0.10 are, in the case of the municipality, under the responsibility of a person identified in the call for tenders who may neither be a council member nor a member or the secretary of the selection committee. The person shall record the dates and subjects of any discussions or negotiations in that person’s report referred to in article 936.0.12.

2011, c. 33, s. 13.

936.0.12. The contract may not be entered into before the secretary of the selection committee and the person referred to in article 936.0.11 table their reports before the council.

The report of the person referred to in article 936.0.11 must certify that any discussions or negotiations were carried out in compliance with the applicable provisions and that all tenderers were treated equally. The report of the secretary of the selection committee must do likewise with respect to every other step of the tendering process.

2011, c. 33, s. 13.

936.0.13. The council must, by by-law, delegate to any public servant or employee the power to establish a selection committee under this title or a regulation made under article 938.0.1. The council may set the conditions and procedures for exercising the delegation.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no member of a council, public servant or municipal employee may disclose information allowing a person to be identified as a member of a selection committee.

The first two paragraphs do not apply to a selection committee established to determine the winner of a competition, but the council may delegate to any public servant or employee the power to establish the committee.

2016, c. 17, s. 22.

936.0.14. If, in any of the situations mentioned in the second paragraph, a municipality requires certain technical specifications, it must describe those specifications in terms of performance or functional requirements rather than in terms of descriptive characteristics. If unable to do so, the municipality must provide that any description containing what is equivalent to descriptive characteristics will be considered compliant, and may define how equivalency to such characteristics will be evaluated.

The situations concerned are those

(1)  where, in a call for tenders under article 935 or under a regulation made under article 938.0.1 or 938.0.2, or in any document referred to in such a call for tenders, a municipality requires technical specifications with regard to goods, services or work;

(2)  where, under article 936.0.1 or 936.0.1.1, a municipality evaluates tenders submitted after a call for tenders under article 935 or under a regulation made under article 938.0.1 or 938.0.2 on the basis of the technical specifications of the goods, services or work; and

(3)  where, under articles 936.0.2 and 936.0.3, a municipality establishes a qualification, certification or registration process that takes into account the technical specifications of the goods, services or work.

Technical specifications of goods, services or work include, in particular, their physical or, as applicable, professional characteristics and attributes.

2018, c. 8, s. 91.

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. Despite articles 935, 936 and 938.0.2, 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; 2006, c. 60, s. 38.

938. Articles 935 and 936 and any regulation made under article 938.0.1 or 938.0.2 do not apply to a contract 

(1)  that is a supply contract, or to a contract for the supply of services, for which a tariff is fixed or approved by the Government of Canada or the Gouvernement du Québec or any of its ministers or bodies;

(2)   that is an insurance or supply contract, or to a contract for the supply of services, that is entered into either with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or with a supplier who, after thorough and documented verification, is found to be the only supplier in all the territories covered by an intergovernmental agreement on the opening of public procurement that is applicable to municipalities;

(2.1)  that is entered into with a non-profit body and that is an insurance contract or a contract for the supply of services other than services listed in subparagraph 2.3 and other than services involving the collection, transport, transfer, recycling or recovery of residual materials;

(2.2)  whose object is the supply of services and that is entered into with a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates or the payment of interest on any category of preferred shares unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM), and that is designated by the Minister under subparagraph 5 of the first paragraph of section 573.3.5 of the Cities and Towns Act (chapter C-19);

(2.3)  that is a contract entered into with a non-profit body and involving an expenditure below the expenditure ceiling allowing the territory from which the tenders originate to be limited in the case of contracts for the supply of services under subarticle 2.1 of article 935, and whose object is any of the following:

(a)  courier or mail services, including email;

(b)  fax services;

(c)  real estate services;

(d)  computer services, including consultation services for the purchase or installation of computer software or hardware, and data processing services;

(e)  maintenance or repair services for office equipment;

(f)  management consulting services, except arbitration, mediation or conciliation services with regard to human resources management;

(g)  architectural or engineering services, except those related to transportation infrastructure construction;

(h)  architectural landscaping services;

(i)  land use and planning services;

(j)  test, analysis or inspection services for quality control;

(k)  exterior and interior building cleaning services; and

(l)  machinery or equipment repair services;

(2.4)  that is a supply contract entered into with a non-profit body and involving an expenditure below the expenditure ceiling allowing the territory from which the tenders originate to be limited in the case of supply contracts under subarticle 2.1 of article 935;

(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 or the supply of subscriptions;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is 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)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, article 936 and any regulation made under article 938.0.1 do not apply to a contract entered into with the designer of those plans and specifications for

(1)  their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

(2)  the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

Article 936 does not apply to a contract

(1)  covered by the regulation in force made under article 938.0.1 or 938.0.2; or

(2)  that is an insurance contract, supply contract or contract for the supply of services and that is entered into with a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates or the payment of interest on any category of preferred shares unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM).

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; 2003, c. 19, s. 148; 2005, c. 28, s. 59; 2006, c. 60, s. 39; 2009, c. 26, s. 32; 2010, c. 18, s. 45; 2010, c. 42, s. 6; 2017, c. 13, s. 99; 2018, c. 8, s. 92.

938.0.0.1. To enter into a contract that, but for article 938, would have been subject to article 935 with a supplier that is the only one in a position to provide the goods or services under subparagraph 2 of the first paragraph of article 938, a municipality must, at least 15 days before entering into the contract, publish on the electronic tendering system approved by the Government a notice of intention allowing any person to express interest in entering into it. The notice of intention must, among other things, specify or include

(1)  the name of the person with whom the municipality intends to enter into the contract in accordance with article 938;

(2)  a detailed description of the municipality’s procurement requirements and the contract obligations;

(3)  the projected contract date;

(4)  the reasons invoked allowing the municipality to enter into the contract in accordance with article 938; and

(5)  the address at which and deadline by which a person may express interest electronically and demonstrate that he, she or it is capable of carrying out the contract on the basis of the procurement requirements and obligations stated in the notice, that deadline being five days before the projected contract date.

2017, c. 27, s. 169; 2018, c. 8, s. 93.

938.0.0.2. Where a person has expressed interest in entering into the contract in accordance with paragraph 5 of article 938.0.0.1, the municipality shall electronically send the person its decision as to the contract, at least seven days before the projected contract date. If that seven-day period cannot be complied with, the contract date must be deferred by the number of days needed to ensure compliance with that minimum period.

The municipality must also inform the person of the person’s right to file a complaint under section 38 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) within three days after receiving the decision.

If no person has expressed interest by the deadline under paragraph 5 of article 938.0.0.1, the contract may be entered into before the projected contract date specified in the notice of intention.

2017, c. 27, s. 169.

938.0.1. The Government may, by regulation, determine the procedure for making a contract for the supply of services that, under an Act or regulation, may be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered professional accountant, lawyer or notary. Such a regulation must establish the rules applicable to the making of such a contract.

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; 2018, c. 8, s. 94.

938.0.2. The Government may, by regulation, allow a contract to be made for the supply of engineering, architectural or design services with the winner of a competition.

The regulation may prescribe all the rules for holding the competition and making and managing the contract. The regulation may also include rules for publishing the competition results.

The regulation may prescribe classes of contracts and services, and different rules according to those classes.

For the purposes of this article, “design” includes any professional discipline that aims to ensure the functional or aesthetic design of goods so as to improve the human environment.

2001, c. 25, s. 57; 2001, c. 68, s. 41; 2002, c. 37, s. 112; 2012, c. 11, s. 33; 2018, c. 8, s. 95.

938.0.3. A municipality may not divide into several contracts having similar subject-matter an insurance contract, a contract for the performance of work, a supply contract or a contract for the supply 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; 2018, c. 8, s. 96.

938.0.4. A municipality may not amend a contract awarded following a call for tenders unless the amendment is accessory and does not change the nature of the contract.

2010, c. 18, s. 46.

938.1. The Minister of Municipal Affairs, Regions and Land Occupancy may, on the conditions he determines, authorize a municipality to award a contract without calling for tenders or otherwise than in accordance with a regulation under article 938.0.1 or 938.1.1, 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, or authorize the municipality to award a contract to the winner of a design competition it holds. 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 1, s. 22; 2010, c. 18, s. 47.

938.1.1. In compliance with any applicable intergovernmental agreement on the opening of public procurement, the Government may make regulations to

(1)  determine any authorization, condition or rule relating to the awarding of contracts, in addition to those set out or provided for in this Act, to which a contract is subject;

(2)  determine the documents relating to compliance with certain Acts and regulations that a person interested in entering into a contract with a municipality or a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed; and

(3)  determine the regulatory provisions made under this article the violation of which constitutes an offence.

The regulation may prescribe categories of contracts or municipalities, combine categories and determine different authorizations, conditions or rules relating to the awarding of contracts, according to the categories or combinations.

The regulation may apply to any contract entered into by a municipality, including a contract that is not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.

The Minister of Revenue is responsible for the administration and carrying out of the regulatory provisions made under subparagraphs 2 and 3 of the first paragraph if so provided in the regulation. To that end, the Tax Administration Act (chapter A-6.002) applies with the necessary modifications.

An employee of the Commission de la construction du Québec, the Commission des normes, de l’équité, de la santé et de la sécurité du travail or the Régie du bâtiment du Québec authorized by the Minister of Revenue may exercise the functions and powers of the Minister relating to the administration and carrying out of the regulatory provisions referred to in the fourth paragraph.

2010, c. 1, s. 23; 2011, c. 18, s. 43; 2015, c. 15, s. 237.

938.1.1.1. Every person who contravenes a regulatory provision the violation of which constitutes an offence under subparagraph 3 of the first paragraph of article 938.1.1 is liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in all other cases.

In the case of a subsequent offence, the minimum and maximum fines are doubled.

2011, c. 18, s. 44; 2015, c. 8, s. 102.

938.1.2. Every municipality must adopt a by-law on contract management.

The by-law is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subarticle 1 of article 935 or in article 938.0.2.

The by-law must include

(1)  measures to ensure compliance with any applicable anti-bid-rigging legislation;

(2)  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

(3)  measures to prevent intimidation, influence peddling and corruption;

(4)  measures to prevent conflict of interest situations;

(5)  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;

(6)  measures to govern the making of decisions authorizing the amendment of a contract; and

(7)  measures to promote rotation among prospective contracting parties for contracts that may be made by agreement under the rules adopted under the fourth paragraph and that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under article 935. 

The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under article 935. The rules may vary according to determined categories of contracts. Where such rules are in force, article 936 does not apply to those contracts.

The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract on behalf of the municipality, must be permanently published on the website on which the municipality posts the statement and hyperlink required under the second paragraph of article 961.4.

Not later than 30 days after the day on which a by-law is adopted under this article, the secretary-treasurer must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

The municipality shall table a report on the application of the by-law at least once a year at a sitting of the council.

As regards non-compliance with a measure included in the by-law, article 938.4 applies only in the case of a contract for which the contracting process began after the date as of which the measure was included in the by-law.

2010, c. 1, s. 23; 2010, c. 18, s. 48; 2010, c. 42, s. 7; 2016, c. 17, s. 23; 2017, c. 13, s. 100; 2018, c. 8, s. 97.

938.1.2.1. A municipality must provide equitable resolution of complaints filed with it in the course of the awarding of a contract through a public call for tenders or otherwise. It must, for that purpose, establish a procedure for receiving and examining the complaints filed.

The municipality shall make the procedure available at all times by publishing it on its website. If the municipality does not have a website, it shall publish the procedure on the website of the regional county municipality whose territory contains the municipality’s territory or, if the regional county municipality does not have a website, on another website whose address it shall give public notice of at least once a year.

To be admissible, a complaint must be sent electronically to the person in charge identified in the procedure. A complaint under article 938.1.2.2 must be filed on the form determined by the Autorité des marchés publics under section 45 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1).

2017, c. 27, s. 170.

938.1.2.2. In the case of an ongoing public call for tenders, only a person or group of persons interested in participating in the awarding process or the representative of such a person or group may file a complaint about the process on the grounds that the tender documents contain conditions that do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the municipality’s normative framework.

The complaint must be filed with the municipality not later than the complaint filing deadline indicated on the electronic tendering system approved by the Government. That deadline is determined, subject to the third paragraph, by adding to the date on which the call for tenders is advertised a period corresponding to half the time for receiving tenders but which may not be less than 10 days.

The municipality must ensure that there is a period of at least four working days between the tender closing date and the complaint filing deadline.

Such a complaint may pertain only to the content of the tender documents available on the electronic tendering system not later than two days before that deadline.

The complainant shall, without delay, send a copy of the complaint to the Autorité des marchés publics for information purposes.

On receiving a first complaint, the municipality must make an entry to that effect on the electronic tendering system without delay, after having ascertained the complainant’s interest.

Any amendment made to the tender documents before the complaint filing deadline indicated on the electronic tendering system that modifies the tender closing date defers the complaint filing deadline by a period corresponding to half the number of days by which the tender submission period was extended.

Any amendment made three days or less before the tender closing date results in a minimum three-day deferral of that date. However, the deferral must be such as to ensure that the day preceding the new tender closing date is a working day.

For the purposes of this article, Saturday is considered a holiday, as are 2 January and 26 December.

2017, c. 27, s. 170.

938.1.2.3. Any amendment made to the tender documents must contain the information relating to the deadline for filing a complaint under article 938.1.2.2 or under section 40 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1). Any amendment made to the tender documents must also indicate whether it results from a recommendation of the Autorité des marchés publics.

2017, c. 27, s. 170.

938.1.2.4. In the case of a complaint under article 938.1.2.2, the municipality must send the complainant its decision electronically after the complaint filing deadline but not later than three days before the tender closing date it has determined. If necessary, the municipality must defer the tender closing date.

If the municipality has received two or more complaints about the same call for tenders, it must send both or all of its decisions at the same time.

The municipality must, when sending its decision on a complaint filed with it, make an entry to that effect on the electronic tendering system without delay.

The municipality must defer the tender closing date by the number of days needed to allow a minimum period of seven days to remain from the date its decision is sent.

The municipality must also, if applicable, inform the complainant of the complainant’s right to file a complaint under section 37 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) within three days after receiving the decision.

If, two days before the tender closing date, the municipality has not indicated on the electronic tendering system that it has sent its decision on a complaint, the system operator must, without delay, defer the tender closing date by four days. If the deferred date falls on a holiday, it must again be deferred to the second next working day. In addition, if the day preceding the deferred date is not a working day, that date must be deferred to the next working day. For the purposes of this section, Saturday is considered a holiday, as are 2 January and 26 December.

2017, c. 27, s. 170.

938.1.2.5. Articles 938.1.2.1 to 938.1.2.4 apply to certification or qualification processes, with the necessary modifications.

2017, c. 27, s. 170.

938.2. A municipality may obtain any movable property or service from or through the Centre d’acquisitions gouvernementales or, as the case may be, Infrastructures technologiques Québec.

A municipality may enter into a contract by mutual agreement with a cloud supplier or service provider who is a party to a framework agreement entered into with Infrastructures technologiques Québec, provided that

(1)  the contract concerns goods or services referred to in the framework agreement;

(2)  the term of the contract, including any renewal, does not exceed three years;

(3)  the supplier or service provider retained is the one whose tender is the most advantageous based on the price of the contract or any other criteria related to the object of the contract, such as technological compatibility, accessibility of goods or services, performance and technical assistance; and

(4)   the goods or services referred to in the framework agreement take into account the applicable criteria related to security, levels of services and compliance.

To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935, 936 and 938.0.2 and the regulation under article 938.1.1 do not apply to contracts entered into by the municipality with or through the Centre d’acquisitions gouvernementales or, as the case may be, Infrastructures technologiques Québec in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1).

1999, c. 59, s. 14; 2000, c. 8, s. 243; 2005, c. 7, s. 62; 2006, c. 60, s. 40; 2006, c. 29, s. 52; 2010, c. 1, s. 24; 2016, c. 30, s. 4; 2020, c. 2, s. 19; 2020, c. 2, s. 19.

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.

938.3.1. For the purposes of the preceding articles of this Title and the sections of a regulation under article 938.0.1 or 938.1.1, a contract by which a municipality implicitly delegates the exercise of a municipal power is considered a contract for the supply of services.

2005, c. 50, s. 22; 2010, c. 1, s. 25.

938.3.1.1. The Minister of Municipal Affairs, Regions and Land Occupancy shall order, by regulation,

(1)  the expenditure threshold for a contract that may be awarded only after a public call for tenders under subarticle 1 of article 935;

(2)  the minimum time for the receipt of tenders after a public call for tenders under that subarticle; and

(3)  the expenditure ceiling allowing the territory from which tenders originate to be limited under subarticle 2.1 of article 935.

The threshold, ceiling and time ordered under this article may vary according to the class of contract, in particular according to the type of contract concerned or the amount of the expenditure involved. They may also vary according to other criteria determined by the Minister.

2018, c. 8, s. 98.

938.3.2. Division I of Chapter V.1 of the Act respecting contracting by public bodies (chapter C-65.1) applies with the necessary modifications to any municipal contract for the performance of work, and any insurance contract, supply contract or contract for the supply of services.

For the purposes of the provisions of Chapter V.1 of that Act, except section 21.8, the contracts referred to in the first paragraph are deemed to be public contracts and every municipality is deemed to be a public body, and the Minister of Municipal Affairs, Regions and Land Occupancy exercises, in respect of those contracts, the responsibility conferred on the Conseil du trésor by sections 25.0.2 and 25.0.3 of that Act and the responsibilities conferred on the Chair of the Conseil du trésor by sections 25.0.3 and 25.0.5 of that Act.

2011, c. 17, s. 43; 2011, c. 35, s. 43; 2017, c. 27, s. 171; 2018, c. 8, s. 99.

938.3.3. Sections 21.3.1, 21.17 to 21.17.2, 21.18, 21.25, 21.34, 21.35, 21.38, 21.39, 21.41, 21.41.1, 25.0.2 to 25.0.5, 27.6 to 27.9, 27.11, 27.13, 27.14 and 27.14.1 of the Act respecting contracting by public bodies (chapter C-65.1) apply, with the necessary modifications, in respect of any municipal contract that involves an expenditure equal to or greater than the amount determined by the Government under section 21.17 of that Act or is designated by the Government under section 21.17.1 of that Act and that is a contract for the performance of work, insurance contract, supply contract or contract for the supply of services.

For the purposes of those sections, any contract referred to in the first paragraph is deemed to be a public contract, any subcontract that involves an expenditure equal to or greater than the amount determined by the Government under section 21.17 of that Act or is designated by the Government under section 21.17.1 of that Act and is directly or indirectly related to such a contract is deemed to be a public subcontract, every municipality is deemed to be a public body, and the Minister of Municipal Affairs, Regions and Land Occupancy exercises, in respect of those public contracts and subcontracts, the responsibilities conferred on the Conseil du trésor or its Chair.

For the purposes of the application of Chapter V.2 of that Act to municipalities, a natural person is considered to be an enterprise even if the person does not operate a sole proprietorship.

2012, c. 25, s. 46; 2017, c. 27, s. 172; 2018, c. 8, s. 100.

938.3.4. Every person who communicates or attempts to communicate, directly or indirectly, with a member of a selection committee in order to influence the member concerning a call for tenders before a contract is awarded is guilty of an offence and liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in all other cases.

For a second or subsequent offence, the minimum and maximum fines are doubled.

This article does not apply in the case of a person presenting a proposal to a selection committee formed to determine the winner of a competition.

2016, c. 17, s. 24; 2017, c. 27, s. 173.

938.3.5. A member of a selection committee who discloses or makes known, without being duly authorized to do so, any confidential information that is sent to the member or that came to the member’s knowledge in the exercise of the member’s functions within the committee is guilty of an offence and is liable to a fine of $5,000 to $30,000.

In the case of a subsequent offence, the minimum and maximum fines are doubled.

2017, c. 27, s. 174.

938.3.6. Penal proceedings under article 938.1.1.1, 938.3.4 or 938.3.5 must be instituted within three years after the time the prosecutor becomes aware of the commission of the offence. However, no proceedings may be instituted if more than seven years have elapsed since the date of the offence.

2017, c. 27, s. 174.

938.4. A member of the council who knowingly fails to comply with the prohibition set out in subarticle 3.1 of article 935 or who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules or measures set out or provided for in the preceding articles of this Title, in a regulation made under article 938.0.1, 938.0.2 or 938.1.1 or in the policy adopted under article 938.1.2 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 subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); 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; 2010, c. 1, s. 26; 2014, c. 1, s. 780; 2018, c. 8, s. 101.

939. (Repealed).

1983, c. 57, s. 27; 1994, c. 17, s. 22; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 214.

940. (Repealed).

1983, c. 57, s. 27; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

941. (Repealed).

1983, c. 57, s. 27; 1994, c. 17, s. 23; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 214.

942. (Repealed).

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 214.

943. (Repealed).

1983, c. 57, s. 27; 2005, c. 6, s. 214.

944. (Repealed).

1983, c. 57, s. 27; 1990, c. 85, s. 122; 1996, c. 2, s. 455; 2000, c. 56, s. 218; 2005, c. 6, s. 214.

944.1. (Repealed).

1986, c. 32, s. 14; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

944.2. (Repealed).

1994, c. 33, s. 42; 2005, c. 6, s. 214.

944.3. (Repealed).

1994, c. 33, s. 42; 1995, c. 34, s. 42; 2005, c. 6, s. 214.

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, 936 and 938.0.2, 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; 2006, c. 60, s. 41.

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. (Repealed).

M.C. 1916, a. 633; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

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. However, during a year in which a general election is held in the municipality, the period is extended until 31 January of the following year.

(2)  The Minister of Municipal Affairs, Regions and Land Occupancy 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 and transmitted to the Minister within 60 days of the municipality adopting the budget.

(3)  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.

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; 2003, c. 19, s. 149, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 33, s. 109; 2016, c. 17, s. 25.

955. (Repealed).

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; 2017, c. 13, s. 101.

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. The draft budget and the draft three-year program of capital expenditures must be available to members of the council as soon as the public notice is given.

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; 2017, c. 13, s. 102.

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.

960.0.1. If the council of a local municipality decides to use moneys from the general fund to pay a capital expenditure incurred for the benefit of a specific sector of the territory of the municipality, it may decide to reimburse the fund by means of either a special tax imposed on all the taxable immovables situated in the sector or compensation payable by the owners or occupants of those immovables.

In such a case, the council shall authorize the use of the moneys by a by-law that specifies the amount of the moneys used and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed the useful life of the property that the moneys enable the municipality to acquire, repair, restore or build, and must impose a special tax on all the taxable immovables situated in the sector or require compensation from the owners or occupants of those immovables.

2008, c. 18, s. 48.

960.0.2. The tax imposed or compensation required must provide for the repayment of the moneys used and the payment of a compensatory amount that may be determined by resolution and must be equal to the interest that would be payable if the municipality, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the municipality, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 48.

960.0.3. If the by-law imposes a special tax that 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, on the conditions set out in the by-law, exempt the immovable from the tax by paying in one instalment the portion of the principal that, upon maturity of the loan, would have been provided by the tax imposed on that immovable. If the by-law requires compensation, it may provide that the owner or occupant from whom compensation is required may obtain an exemption in the same manner, with the necessary modifications.

The share payable is calculated, in the case of a property tax, according to the assessment roll in force at the time the ratepayer makes the payment, taking into account any taxes paid under the by-law before the payment. In the case of compensation, the share is calculated according to the apportionment provided for in the by-law, as it applies at the time of the payment.

The amount of the moneys to be provided by the tax or compensation is reduced by the amount of any sum paid under this article.

The payment exempts the immovable from the special tax or the owner or occupant from the compensation for the remainder of the term of repayment specified in the by-law.

2008, c. 18, s. 48.

960.0.4. The by-law is subject to the approval of the qualified voters of the sector.

2008, c. 18, s. 48.

960.0.5. If the council of a regional county municipality decides to use moneys from the general fund to pay a capital expenditure incurred for the benefit of only some of the local municipalities whose territory is situated in the territory of the regional county municipality, it may decide to reimburse the fund by means of an aliquot share payable by the local municipalities concerned.

In such a case, the council shall authorize the use of the moneys by a by-law that specifies the amount of the moneys used and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed the useful life of the property that the moneys enable the regional county municipality to acquire, repair, restore or build, and must require an aliquot share from the local municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 48.

960.0.6. The aliquot share payable by the municipalities must provide for the repayment of the moneys used and the payment of a compensatory amount that may be determined by resolution and must be equal to the interest that would be payable if the regional county municipality, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the regional county municipality, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 48.

960.0.7. For an affirmative decision to be made under article 960.0.5 or 960.0.6, in addition to the majority required under section 201 of the Act respecting land use planning and development (chapter A-19.1), a majority of the votes cast by the representatives of the local municipalities for whose benefit the expenditure is incurred must also be cast in the affirmative, and the total population awarded to those representatives who cast affirmative votes must be equal to more than half of the total population awarded to all the representatives of the local municipalities concerned.

2008, c. 18, s. 48.

960.1. The council may adopt by-laws relating to the administration of municipal finances.

However, to ensure the sound administration of those finances, it must adopt a budget control and monitoring by-law that provides in particular for a means to guarantee the availability of funds before any decision authorizing an expenditure is made; the means may vary depending on the authority authorizing the expenditures or on the type of expenditures proposed.

1996, c. 27, s. 94; 2006, c. 31, s. 37.

961. A by-law or a resolution of the council authorizing an expenditure has no effect unless, in accordance with a by-law adopted under the second paragraph of article 960.1, funds are available for the purposes for which the expenditure is proposed.

1979, c. 36, s. 48; 1984, c. 38, s. 70; 1996, c. 2, s. 455; 1999, c. 59, s. 15; 2006, c. 31, s. 38.

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, Regions and Land Occupancy 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.

An authorization of expenditures granted under a delegation has no effect unless, in accordance with a by-law adopted under the second paragraph of article 960.1, funds are available for that purpose.

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 25-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; 2003, c. 19, s. 250; 2005, c. 28, s. 60, s. 196; 2006, c. 31, s. 39; 2009, c. 26, s. 109.

961.2. If a contract involves an expenditure of $100,000 or more, the municipality must establish an estimate of the price before any tenders are opened or the contract is made.

If a call for tenders contains a contract renewal option, the estimate of the price of the contract must include the renewal and any possible subsequent renewals.

Likewise, if a call for tenders contains an option to make an additional supply of the same goods or services, the estimate of the price of the contract must include the additional supply and any subsequent additional supply.

2010, c. 1, s. 27; 2018, c. 8, s. 102.

961.3. Every municipality must publish and keep up to date, on the internet, a list of the contracts it makes that involve an expenditure of $25,000 or more. However, employment contracts need not be included in the list.

The list must be updated at least once a month. It must contain, in respect of each contract, the following information:

(1)  if the contract involves an expenditure of $100,000 or more, the price of the contract as estimated by the municipality in accordance with article  961.2;

(2)  the price of the contract, the name of the person with whom it was made and, if the contract contains a renewal option, the total expenditure that would be incurred if all the options were exercised; and

(3)  the object of the contract.

If the contract is subject to a rule governing the awarding of contracts set out in article 935 or 936 or in a regulation made under article 938.0.1 or 938.1.1, the list must also contain

(1)  the name of each tenderer;

(2)  the amount of each tender; and

(3)  the identification of any tender, lower than the accepted tender, that was considered non-compliant.

If the contract is made by mutual agreement, the list must mention, if applicable, the legislative provision or the provision of the regulation made under article 938.0.1 under which the contract could be awarded without a call for tenders.

If the contract involves an expenditure of at least $25,000 but less than $100,000, is not referred to in the fourth paragraph, and is made under a provision of the by-law on contract management adopted under the fourth paragraph of article 938.1.2, the list must mention how the contract was awarded.

In all cases, the list must also state, as soon as possible after the execution of the contract, the total expenditure actually incurred.

The information required under the second, third, fourth, fifth and sixth paragraphs with respect to a contract must remain on the Internet for at least three years after the date on which the information required under the sixth paragraph is posted.

2010, c. 1, s. 27; 2010, c. 18, s. 49; 2010, c. 42, s. 8; 2017, c. 13, s. 103.

961.4. The list described in article 961.3 must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1).

The municipality must also publish on its website,

(1)  on a permanent basis, a statement concerning the publication requirement under the first paragraph and a hyperlink to the list described in article 961.3; and

(2)  not later than 31 January each year, the list of all contracts involving an expenditure exceeding $2,000 entered into in the last full fiscal year preceding that date 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 the contracting party, the amount of the consideration and the object of the contract.

If the municipality does not have a website, the statement, hyperlink and list whose publication is required under the second paragraph must be published on the website of the regional county municipality whose territory includes that of the municipality or, if the regional county municipality does not have a website, on another website of which the municipality shall give public notice of the address at least once a year.

2010, c. 1, s. 27; 2010, c. 18, s. 50; 2017, c. 13, s. 104.

961.5. (Repealed).

2010, c. 1, s. 27; 2010, c. 18, s. 51.

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, entrust the administration of the same yearly to the Minister of Finance, 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; 2016, c. 7, s. 183.

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. The council shall appoint an external auditor for not more than five fiscal years. At the end of the term, the external auditor shall remain in office until replaced or reappointed.

In the case of a municipality having a population of at least 10,000 inhabitants, the council may appoint two external auditors. In such a case, the council entrusts one auditor with the audit mandates under article 966.2 and the other with the audit mandate under article 966.2.1.

Every external auditor must be a member of the Ordre des comptables professionnels agréés du Québec.

When carrying out their value-for-money audit mandate and despite any general law or special Act, neither an external auditor nor the employees under the external auditor’s direction or the professionals under contract may be compelled to give testimony relating to any information obtained in the performance of their duties or to produce any document containing such information. A judge of the Court of Appeal may, on an application, summarily annul any proceeding instituted or decision rendered contrary to this paragraph.

Neither an external auditor nor the employees under the external auditor’s direction may be prosecuted for any act they have done or failed to do in good faith in the performance of the duties related to their value-for-money audit mandate.

No civil action may be instituted for the publication of a report of an external auditor prepared under this Act in connection with a value-for-money audit mandate or the publication in good faith of an extract or summary of such a report.

Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor any injunction granted against an external auditor, the employees under the external auditor’s direction or the professionals under contract when the external auditor, employees or professionals are acting in their official capacity in connection with their value-for-money audit mandate.

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; 2003, c. 19, s. 150, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2016, c. 17, s. 26; 2018, c. 8, s. 103.

966.1. If the office of the external auditor becomes vacant before the expiry of his term, the council shall fill the vacancy as soon as possible.

1984, c. 38, s. 71; 2001, c. 25, s. 62; 2003, c. 19, s. 151.

966.2. The external auditor or the external auditor designated by the council, where two external auditors have been appointed, shall audit, for the fiscal year for which he was appointed,

(1)  the financial statements of the municipality and of any legal person referred to in subparagraph 2 of the first paragraph of article 966.2.1 that is related to the municipality in the manner provided for in that subparagraph;

(2)  the effective aggregate taxation rate to verify its compliance with Division III of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1); and

(3)  any document determined by the Minister of Municipal Affairs, Regions and Land Occupancy by a regulation published in the Gazette officielle du Québec.

1984, c. 38, s. 71; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2001, c. 25, s. 63; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 40; 2009, c. 26, s. 109; 2017, c. 13, s. 105; 2018, c. 8, s. 104.

966.2.1. In addition to his mandate under article 966.2, the external auditor of a municipality having at least 10,000 inhabitants shall conduct, to the extent he considers appropriate, a value-for-money audit

(1)  of the municipality;

(2)  of any legal person

(a)  that is part of the reporting entity defined in the municipality’s financial statements;

(b)  of which the municipality or a mandatary of the municipality appoints more than 50% of the members of the board of directors; or

(c)  of which the municipality or a mandatary of the municipality holds more than 50% of the outstanding voting shares or units;

(3)  of any body referred to in the first paragraph of section 573.3.5 of the Cities and Towns Act (chapter C-19), provided

(a)  in the case of a body referred to in subparagraph 1 of the first paragraph of that section, it is the mandatary or agent of the municipality;

(b)  under subparagraph 2 of the first paragraph of that section, the majority of the members of its board of directors are members of the council of, or are appointed by, the municipality;

(c)  its budget is adopted or approved by the municipality;

(d)  in the case of a body referred to in subparagraph 4 of the first paragraph of that section, it receives part or all of its financing from the municipality; or

(e)  in the case of a body designated under subparagraph 5 of the first paragraph of that section, it has its principal place of business in the territory of the municipality.

If, under this section, section 107.7 or 108.2.0.1 of the Cities and Towns Act or section 86 of the Act respecting the Commission municipale (chapter C-35), a mandate to audit certain aspects of the accounts and affairs of a body referred to in the first paragraph of section 573.3.5 of the Cities and Towns Act is entrusted to more than one auditor, the audit of those aspects must be conducted exclusively by the following designated auditor:

(1)  the chief auditor of the municipality with the largest population;

(2)  if no chief auditor of a municipality is concerned, the Commission municipale du Québec; or

(3)  if neither a chief auditor of a municipality nor the Commission is concerned, the external auditor of the municipality with the largest population.

An audit under the first paragraph must be completed once every two years.

The auditor shall report to the council on his audit.

2018, c. 8, s. 105.

966.2.2. A municipality referred to in article 966.2.1 may, by by-law, entrust to the Commission municipale du Québec the audit mandate provided for in that article. An authenticated copy of the by-law must be transmitted to the Commission without delay.

A by-law made under the first paragraph applies from the fiscal year following that of its coming into force, provided it comes into force before 1 September; if it does not, the by-law applies from the second fiscal year following that of its coming into force. Article 966.2.1 ceases to apply to the municipality’s external auditor as of that fiscal year.

Despite the third paragraph of section 86 of the Act respecting the Commission municipale (chapter C-35), the audit mandate entrusted to the Commission by a by-law adopted under this article must be carried out once every two years.

The by-law may not be repealed.

2018, c. 8, s. 105.

966.2.3. An audit conducted by an external auditor must not call into question the merits of the policies and objectives of the municipality or of a person or body whose accounts and affairs are being audited.

2018, c. 8, s. 105.

966.3. Each year, not later than on the date determined by the municipal council, the external auditor shall transmit any report for the preceding fiscal year that was made under articles 966.2 and 966.2.1 to the treasurer of the municipality concerned or to the legal person or body concerned.

Any report on the audit of a legal person or a body must also be transmitted to the mayor of a municipality related to the legal person or body under subparagraph 2 or 3 of the first paragraph of article 966.2.1.

Any report made under article 966.2.1 on the value-for-money audit of a municipality having at least 10,000 inhabitants must also be transmitted to the Commission municipale du Québec not later than 30 September following the last fiscal year to which the report pertains. The Commission shall publish the report on its website.

The treasurer of a municipality shall file any report he receives under this article at the first regular sitting of the council following receipt of the report.

1984, c. 38, s. 71; 2001, c. 25, s. 64; 2010, c. 18, s. 52; 2017, c. 13, s. 106; 2018, c. 8, s. 105.

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 or provided such an audit does not fall under the mandate of the Commission municipale du Québec to audit municipalities and municipal bodies under the Act respecting the Commission municipale (chapter C-35).

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 or provided such an audit does not fall under the mandate of the Commission municipale du Québec to audit municipalities and municipal bodies under the Act respecting the Commission municipale.

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 application by 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; I.N. 2016-01-01 (NCCP); 2018, c. 8, s. 106.

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 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; 2008, c. 18, s. 49.

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 first, second or third paragraph of article 148.0.2, 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.

If, on 1 January, the budget or a part of the budget is not adopted, one quarter 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 in the fourth line of the seventh paragraph by on 1 April, 1 July and 1 October if, on each of those dates, 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; 2002, c. 68, s. 23; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 50; 2009, c. 26, s. 109; 2016, c. 17, s. 27.

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, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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.

979.1. Where, for the same fiscal year, a municipality imposes a special tax based on taxable value on all the immovables situated in its territory and, pursuant to section 244.29 of the Act respecting municipal taxation (chapter F-2.1), fixes specific rates for the general property tax on certain categories or subcategories of immovables, it may fix specific rates for the special tax on the same categories or subcategories. It may also, in respect of the special tax, fix specific rates for the property tax on the category of non-residential immovables based on the property assessment for the same categories or subcategories of immovables for which it has chosen to apply the measure in respect of the general property tax.

In that case, the proportions between the different special tax rates must correspond to the proportions between the different general property tax rates. If the municipality avails itself of the power provided for in section 244.49.1 of the Act respecting municipal taxation, the proportions between the theoretical specific rates in that section are taken into account.

The following provisions apply, with the necessary modifications, in respect of the special tax imposed at different rates:

(1)  the provisions of subdivisions 4, 5, 6 and 7 of Division III.4 of Chapter XVIII of the Act respecting municipal taxation;

(2)  the provisions of the regulation made under paragraph 2 of section 263 of the Act respecting municipal taxation (chapter F-2.1) that pertain to the general property tax imposed at different rates;

(3)  any other provision of an Act or statutory instrument that pertains to the legal effects of imposing the general property tax at different rates, in particular for the purpose of defining the property taxation specific to the non-residential sector.

2003, c. 19, s. 152; 2006, c. 31, s. 41; 2017, c. 13, s. 107.

979.2. Any municipality resulting from an amalgamation which, under its charter, must finance expenditures from revenues derived exclusively from the whole territory, designated as a “sector”, of a municipality that ceased to exist on amalgamation may obtain those revenues by imposing a special tax based on taxable value on all the taxable immovables situated in the sector, annually or for several years upon the borrowing of money.

Where, for the same fiscal year and in the same sector, the municipality imposes such a special tax and, pursuant to section 244.29 of the Act respecting municipal taxation (chapter F-2.1), fixes specific rates for the general property tax on certain categories of immovables, it may avail itself of the power provided for in section 979.1. That section applies in such a case, with the necessary modifications, particularly the modification whereby only the specific rates of the general property tax applicable in the sector are taken into account.

Imposing the special tax does not deprive the municipality of the power conferred on it by its charter to use revenues from the sector that are not reserved for other purposes to finance the same expenditures. However, the revenues so used must not be derived from another tax, except the tax provided for in section 979.3.

The municipality may not impose the special tax in a sector without doing likewise in all the other sectors where the obligation provided for in its charter to finance expenditures by revenues derived exclusively from the whole territory of the sector continues to apply. As long as the obligation continues to apply in a sector, the municipality may not, after imposing the special tax in the sector for a fiscal year, cease to impose the tax for the following fiscal year.

2003, c. 19, s. 152.

979.3. Where, for the same fiscal year, a municipality imposes the business tax provided for in section 232 of the Act respecting municipal taxation (chapter F-2.1) and a special tax at different rates under section 979.1 or 979.2, it must also impose a special tax on the occupants of business establishments situated in its territory or in the sector within the meaning of section 979.2, as the case may be, based on the rental value of the business establishments, for the purpose of financing the same expenditures as the special tax for the same fiscal year.

The rate of the special tax imposed under the first paragraph must be fixed in such a way that the proportion of the revenues derived from the special tax to those derived from the special tax imposed under section 979.1 or 979.2 is the same as the proportion of the revenues derived from the business tax to those derived from the general property tax.

For the purposes of the second paragraph, the revenues considered are those which, according to the budget established for the fiscal year, must be derived from the territory of the municipality or the sector, as the case may be, for each of the four taxes concerned. The amounts to stand in lieu of taxes that must be paid by the Government in accordance with the second paragraph of section 210, section 254 or the first paragraph of section 255 of the Act respecting municipal taxation, or by the Crown in right of Canada or one of its mandataries are deemed to be tax-generated revenues.

The following provisions apply, with the necessary modifications, as regards the special tax imposed under the first paragraph:

(1)  the provisions of Division III of Chapter XVIII of the Act respecting municipal taxation;

(2)  the provisions of the regulation made under paragraph 2 of section 263 of the Act respecting municipal taxation that pertain to the business tax;

(3)  any other provision of an Act or statutory instrument that pertains to the legal effects of imposing the business tax.

2003, c. 19, s. 152; 2006, c. 31, s. 42.

979.4. The fact that a special tax has the same characteristics as the general property tax or the business tax, particularly with respect to the debtor, the tax base and the basis for the tax, does not justify the integration of the data relating to the special tax with the data relating to the general property tax or the business tax in any document produced by or under the responsibility of the municipality.

2003, c. 19, s. 152.

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, 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; 2018, c. 5, s. 66.

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. (Repealed).

M.C. 1916, a. 691; 1979, c. 72, s. 287; 1988, c. 84, s. 555; 2018, c. 5, s. 67.

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. (Repealed).

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; 2004, c. 20, s. 115.

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 public transit authority has jurisdiction pursuant to the Act respecting public transit authorities (chapter S-30.01) 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; 2005, c. 50, s. 23.

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 45.3.3 or 61 of the Environment Quality Act (chapter Q-2); or

(2)  sums claimed under section 113 of the said Act;

(3)  (paragraph repealed).

M.C. 1916, a. 698; 1979, c. 72, s. 292; 1982, c. 63, s. 59; 1996, c. 2, s. 455; 2011, c. 16, s. 232; 2017, c. 4, s. 244.

994. (Repealed).

1949, c. 71, s. 11; 1983, c. 57, s. 28; 1996, c. 2, s. 455; 1996, c. 77, s. 32; 2005, c. 6, s. 214.

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 II.1 GENERAL TAXATION POWER

2017, c. 13, s. 108.

1000.1. Every local municipality may, by by-law, impose a municipal tax in its territory, provided it is a direct tax and the by-law meets the criteria set out in the fourth paragraph.

The municipality is not authorized to impose the following taxes:

(1)  a tax in respect of the supply of a property or a service;

(2)  a tax on income, revenue, profits or receipts, or in respect of similar amounts;

(3)  a tax on paid-up capital, reserves, retained earnings, contributed surplus or indebtedness, or in respect of similar amounts;

(4)  a tax in respect of machinery and equipment used in scientific research and experimental development or in manufacturing and processing or in respect of any assets used to enhance productivity, including computer hardware and software;

(5)  a tax in respect of remuneration that an employer pays or must pay for services, including non-monetary remuneration that the employer confers or must confer;

(6)  a tax on wealth, including an inheritance tax;

(7)  a tax on an individual because the latter is present or resides in the territory of the municipality;

(8)  a tax in respect of alcoholic beverages within the meaning of section 2 of the Act respecting offences relating to alcoholic beverages (chapter I-8.1);

(9)  a tax in respect of tobacco or raw tobacco within the meaning of section 2 of the Tobacco Tax Act (chapter I-2);

(10)  a tax in respect of fuel within the meaning of section 1 of the Fuel Tax Act (chapter T-1);

(10.1)  a tax in respect of cannabis within the meaning of section 2 of the Cannabis Act (S.C. 2018, c. 16);

(11)  a tax in respect of a natural resource;

(12)  a tax in respect of energy, in particular electric power; or

(13)  a tax collected from a person who uses a public highway within the meaning of section 4 of the Highway Safety Code (chapter C-24.2), in respect of equipment placed under, on or above a public highway to provide a public service.

For the purposes of subparagraph 1 of the second paragraph, “property”, “supply” and “service” have the meanings assigned to them by the Act respecting the Québec sales tax (chapter T-0.1).

The by-law referred to in the first paragraph must state

(1)  the subject of the tax to be imposed;

(2)  the tax rate or the amount of tax payable; and

(3)  how the tax is to be collected and the designation of any persons authorized to collect the tax as agents for the municipality.

The by-law referred to in the first paragraph may prescribe

(1)  exemptions from the tax;

(2)  penalties for failing to comply with the by-law;

(3)  collection fees and fees for insufficient funds;

(4)  interest and specific interest rates on outstanding taxes, penalties or fees;

(5)  assessment, audit, inspection and inquiry powers;

(6)  refunds and remittances;

(7)  the keeping of registers;

(8)  the establishment and use of dispute resolution mechanisms;

(9)  the establishment and use of enforcement measures if a portion of the tax, interest, penalties or fees remains unpaid after it is due, including measures such as garnishment, seizure and sale of property;

(10)  considering the debt for outstanding taxes, including interest, penalties and fees, to be a prior claim on the immovables or movables in respect of which it is due, in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code, and creating and registering a security by a legal hypothec on the immovables or movables; and

(11)  criteria according to which the rate and the amount of the tax payable may vary.

2017, c. 13, s. 108; 2018, c. 19, s. 19.

1000.2. The municipality is not authorized to impose a tax under article 1000.1 in respect of

(1)  the State, the Crown in right of Canada or one of their mandataries;

(2)  a school service centre, a school board, a general and vocational college, a university establishment within the meaning of the University Investments Act (chapter I-17) or the Conservatoire de musique et d’art dramatique du Québec;

(3)  a private educational institution operated by a non-profit body in respect of an activity that is exercised in accordance with a permit issued under the Act respecting private education (chapter E-9.1), a private educational institution accredited for purposes of subsidies under that Act or an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1);

(4)  a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2);

(5)  a private institution referred to in paragraph 3 of section 99 or section 551 of the Act respecting health services and social services in respect of an activity that is exercised in accordance with a permit issued to the institution under that Act and is inherent in the mission of a local community service centre, a residential and long-term care centre or a rehabilitation centre within the meaning of that Act;

(6)  a childcare centre within the meaning of the Educational Childcare Act (chapter S-4.1.1); or

(7)  any other person determined by a regulation of the Government.

A tax imposed under article 1000.1 does not give entitlement to the payment of an amount determined under Division V of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1).

2017, c. 13, s. 108; 2020, c. 1, s. 309.

1000.3. Article 1000.1 does not limit any other taxation power granted to the municipality by law.

2017, c. 13, s. 108.

1000.4. The use of an enforcement measure established by a by-law adopted under article 1000.1 does not prevent the municipality from using any other remedy provided by law to recover the amounts owing under this chapter.

2017, c. 13, s. 108.

1000.5. The municipality may enter into an agreement with another person, including the State, for the collection and recovery of a tax imposed under article 1000.1 and the administration and enforcement of a by-law imposing the tax. The agreement may authorize the person to collect the taxes and oversee the administration and enforcement of the by-law on the municipality’s behalf.

2017, c. 13, s. 108.

CHAPTER II.2 DUES

2017, c. 13, s. 108.

1000.6. Every local municipality may charge dues to help fund a regulatory regime applicable to a matter under its jurisdiction. Dues may also be charged with the main goal of furthering achievement of the objectives of the regime by influencing citizens’ behaviour.

Revenues from the dues must be paid into a fund established exclusively to receive them and help fund the regime.

The first paragraph applies subject to sections 145.21 to 145.30 of the Act respecting land use planning and development (chapter A-19.1), to the extent that the dues charged are collected from an applicant for a building or subdivision permit or for a certificate of authorization or occupancy and that the dues are used to finance an expense referred to in subparagraph 2 of the first paragraph of section 145.21 of that Act.

2017, c. 13, s. 108.

1000.7. The decision to charge dues is made by a by-law that must

(1)  identify the regulatory regime and its objectives;

(2)  specify to whom the dues are to be charged;

(3)  determine the amount of the dues or a way of determining the amount, including any criteria according to which the amount may vary;

(4)  establish the reserve fund and expressly identify the purposes for which the sums paid into it may be used; and

(5)  state how the dues are to be collected.

The by-law may prescribe collection fees and fees for insufficient funds.

The municipality shall send an authenticated copy of the by-law to the Minister of Municipal Affairs, Regions and Land Occupancy within 15 days after its adoption.

2017, c. 13, s. 108.

1000.8. The dues may be charged only to a person benefiting from the regulatory regime identified in the by-law or carrying on activities that require regulation.

2017, c. 13, s. 108.

1000.9. The amount of the dues may not be determined on the basis of an element referred to in subparagraphs 2 to 6 or 8 to 12 of the second paragraph of article 1000.1, with the necessary modifications, or on the basis of residency in the municipality’s territory.

Any criterion according to which the amount of the dues may vary must be justified in relation to the objectives of the regulatory regime.

2017, c. 13, s. 108.

1000.10. The municipality may enter into an agreement with another person, including the State, providing for the collection and recovery of dues and the administration and enforcement of the by-law under which dues are charged.

2017, c. 13, s. 108.

1000.11. The municipality is not authorized to charge dues under article 1000.6 to a person mentioned in any of subparagraphs 1 to 7 of the first paragraph of article1000.2.

The Government may prohibit the collection of dues under article 1000.6 or impose restrictions with respect to such collection if it considers that those dues conflict with or duplicate dues that are or may be charged by another public body within the meaning of section 1 of the Act respecting municipal taxation (chapter F-2.1).

The Government’s decision takes effect on the date of its publication in the Gazette officielle du Québec or any later date mentioned in the decision.

Dues charged under article 1000.6 do not give entitlement to the payment of an amount determined under Division V of Chapter XVIII of the Act respecting municipal taxation.

2017, c. 13, s. 108.

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.

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; 2003, c. 19, s. 153.

1008. (Repealed).

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; 2005, c. 6, s. 214.

1009. (Repealed).

1983, c. 57, s. 29; 1985, c. 27, s. 67; 1996, c. 2, s. 414; 1996, c. 77, s. 33; 2005, c. 6, s. 214.

1010. (Replaced).

1983, c. 57, s. 29; 1985, c. 27, s. 67; 1996, c. 2, s. 415; 1996, c. 77, s. 33.

1011. (Repealed).

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; 2005, c. 6, s. 214.

1011.1. (Repealed).

1984, c. 27, s. 105; 1985, c. 27, s. 67; 1996, c. 2, s. 416; 2005, c. 6, s. 214.

1011.1.1. (Repealed).

1999, c. 59, s. 16; 2005, c. 6, s. 214.

1011.1.2. (Repealed).

1999, c. 59, s. 16; 2005, c. 6, s. 214.

1011.2. (Repealed).

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; 2005, c. 6, s. 214.

1011.3. (Repealed).

1985, c. 27, s. 67; 1996, c. 77, s. 36; 1999, c. 59, s. 18; 2005, c. 6, s. 214.

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 legal 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; I.N. 2016-01-01 (NCCP).

1014. Such seizure and sale are made under a notice of execution prepared by the mayor or the warden, as the case may be, and filed with the court office by the clerk of the Court of Québec or the clerk of the Superior Court, according to the amount claimed.

Such notice of execution 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 notice of execution issued under the Code of Civil Procedure (chapter C-25.01).

The mayor or warden, as the case may be, in preparing such notice, does not incur any personal responsibility; he acts under the responsibility of the municipality on whose behalf the collection is made.

The clerk shall file the notice of execution 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; I.N. 2016-01-01 (NCCP).

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 sales of movables under judicial authority.

Such notice must also state the name and style of the person whose effects are to be sold.

M.C. 1916, a. 720; I.N. 2016-01-01 (NCCP).

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-25.01).

In addition to the grounds mentioned in article 735 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; I.N. 2016-01-01 (NCCP).

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 application 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; I.N. 2016-01-01 (NCCP).

DIVISION III SUITS FOR THE RECOVERY OF TAXES AND FILING OF THE CLAIM OF THE MUNICIPALITY WHEN THERE HAS BEEN A SALE UNDER JUDICIAL AUTHORITY

1996, c. 2, s. 455; I.N. 2016-01-01 (NCCP).

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 181 of the Code of Civil Procedure (chapter C-25.01), upon the accomplishing of the same formalities, to render judgment against the defendant who fails to answer the summons 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; I.N. 2016-01-01 (NCCP).

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 $7,000, not including interest.

1922 (2nd sess.), c. 84, s. 7; 1952-53, c. 52, s. 3; 1974, c. 11, s. 2; 1989, c. 52, s. 126; 2010, c. 18, s. 53.

1021. Whenever any immovable, liable for the payment of municipal taxes, has been seized and sold under judicial authority, or is the subject of an application for confirmation of title or for expropriation, the secretary-treasurer must produce the claim of the municipality, by filing within the required time, with the bailiff or 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; I.N. 2016-01-01 (NCCP).

DIVISION IV EXECUTION OF A JUDGMENT RENDERED IN FAVOUR OF THE MUNICIPALITY

2016, c. 17, s. 28.

1021.1. The execution of a judgment rendered following an action instituted under article 1019 or any other judgment rendered in the municipality’s favour is to proceed in accordance with the rules of Book VIII of the Code of Civil Procedure (chapter C‑25.01), subject to the following rules:

(1)  the municipality may make an agreement with the debtor to spread the payment of the amount owed in instalments over the period the municipality determines;

(2)  the municipality is responsible for the collection of the amount owed and acts as seizing creditor; the municipality prepares the notice of execution and files it with the court office; the notice is valid only for the execution of a judgment rendered in the municipality’s favour and does not prevent the filing of a notice for the execution of another judgment;

(3)  the municipality proceeds with the seizure of a sum of money or of income in the hands of a third person in the same manner as a bailiff, but entrusts the administration of subsequent steps, including the receipt and distribution of the sum or income, to the clerk of the court seized; the municipality serves the notice of execution on the defendant and the garnishee, but is not required to inform the defendant’s creditors or deal with their claims, or to join in a seizure in the hands of a third person already undertaken by a bailiff in another case if the seizure to be made by the municipality is for other sums or income than the sums or income specified in the notice of execution filed by the bailiff;

(4)  the municipality is required to hire the services of a bailiff for the seizure of movable or immovable property, to give the bailiff instructions and to amend the notice of execution accordingly; in such a case, if a notice for the execution of a judgment was filed by a bailiff in another case prior to the municipality’s request, the bailiff hired by the municipality joins in the seizure already under way.

The municipality is not required to pay an advance to cover execution-related costs.

2016, c. 17, s. 28.

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 service centre or 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; 2020, c. 1, s. 310.

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 service centre or 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; 2020, c. 1, s. 310.

1024. When he has received from the director general of a school service centre or 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; 2020, c. 1, s. 310.

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 holiday, the sale must be fixed for the next following working 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 working 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 holiday, 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; I.N. 2016-01-01 (NCCP).

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 mail 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 mail.

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; I.N. 2016-01-01 (NCCP).

1028. The secretary-treasurer must also, by registered mail, 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; I.N. 2016-01-01 (NCCP).

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 735 and following of the Code of Civil Procedure (chapter C-25.01) shall apply to such opposition, with the necessary modifications.

In addition to the grounds mentioned in article 735 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; I.N. 2016-01-01 (NCCP).

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 article 3019 of the Civil Code. 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; I.N. 2016-01-01 (NCCP).

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 year, and to the payment of the constituted ground rents.

The purchaser cannot, however, remove timber from such immovable during the first year he is in possession of it.

M.C. 1916, a. 736; 2008, c. 18, s. 51.

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 an application 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 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; I.N. 2016-01-01 (NCCP).

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 sale under judicial authority or at any sale having the same effect.

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; I.N. 2016-01-01 (NCCP).

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 one year after 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; 2008, c. 18, s. 52.

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 one year, 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 time, with the consent of the owner of the said immovable or that of his legal representatives and of the prior or hypothecary creditors, which persons must intervene in the said deed to attest their consent.

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; 2008, c. 18, s. 53.

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 one year after the date of such sale.

M.C. 1916, a. 747; 2008, c. 18, s. 54.

1051. If any immovable described in the list published under article 1027 is advertised for sale under judicial authority, the secretary-treasurer of the regional county municipality cannot sell such immovable, but must without delay transmit to the executing bailiff 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 under judicial authority.

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; I.N. 2016-01-01 (NCCP).

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 sale under judicial authority have been discontinued, the secretary-treasurer may sell the immovable in the usual manner.

M.C. 1916, a. 749; 1947, c. 77, s. 29; I.N. 2016-01-01 (NCCP).

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 under judicial authority, 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; I.N. 2016-01-01 (NCCP).

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 the year following 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, a fraction of the year being counted as a year.

M.C. 1916, a. 754; 1996, c. 2, s. 432; 2008, c. 18, s. 55.

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, a fraction of the year being counted 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; 2008, c. 18, s. 56.

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, Regions and Land Occupancy.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications or the financing of an amount the municipality must pay in respect of an unfunded actuarial liability or an amount established pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R‐15.1), determined by an actuarial valuation of a pension plan to which the municipality contributes, requires only the approval of the Minister.

Likewise, a loan by-law requires only the approval of the Minister if

(1)  the object of the by-law is to carry out road construction, drinking water supply or waste water disposal work, work to eliminate a risk for the health or safety of persons, work required to comply with an obligation under an Act or regulation, or any incidental expenditure; and

(2)  the repayment of the loan is assured by the general revenues of the municipality or is entirely borne by the owners of immovables in the entire territory of the municipality.

A loan by-law also requires only the approval of the Minister if a subsidy has been granted for at least 50% of the expenditure to be incurred and payment of the subsidy is assured by the Government or one of its ministers or bodies. In such a case, the Minister may, however, require that the loan by-law be submitted for approval to the qualified voters.

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.

Before approving a loan by-law of a regional county municipality the purpose of which is to finance its financial participation in the operation of an enterprise referred to in section 111 of the Municipal Powers Act (chapter C‐47.1), the Minister may order the regional county municipality to submit the by-law for approval to the qualified voters in the local municipalities that must contribute to the payment of the expenditures relating to the operation of the enterprise.

The Act respecting elections and referendums in municipalities (chapter E‐2.2) applies, with the necessary modifications, to the approval required under the seventh paragraph.

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; 2003, c. 3, s. 5; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 24; 2006, c. 31, s. 43; 2009, c. 26, s. 109; 2017, c. 13, s. 109; I.N. 2018-06-30.

1061.0.1. A loan by-law relating to any of the following objects requires only the approval of the Minister:

(1)  the acquisition of an immovable for the purpose of transferring it to a school service centre in accordance with section 272.10 of the Education Act (chapter I-13.3) as well as the work done on the immovable before the transfer; or

(2)  the payment of the amount owing to a school service centre under section 272.12 of that Act.

2020, c. 1, s. 182.

1061.1. A municipality may, by a by-law requiring only the approval of the Minister of Municipal Affairs, Regions and Land Occupancy, order a loan for an amount not exceeding the amount of a subsidy of which payment is assured by the Government or one of its ministers or bodies and for a term corresponding to the payment period of the subsidy.

The by-law’s sole object may be a loan for an amount corresponding to the subsidy and, despite article 1063.1, the sums borrowed may be used, in whole or in part, to repay the general fund of the municipality.

For the purposes of the two preceding paragraphs, the amount of the loan is deemed not to exceed that of the subsidy if the amount by which the former exceeds the latter is not greater than 10% of the subsidy and corresponds to the amount needed to pay the interest on the temporary loan contracted and the financing expenses related to the securities issued.

2017, c. 13, s. 110.

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 10% of the number of qualified voters in the territory of the municipality, up to a maximum of 30,000.

(1)  (subparagraph repealed);

(2)  (subparagraph repealed);

(3)  (subparagraph repealed).

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; 2017, c. 13, s. 111.

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.

However, a by-law adopted by the council of a local municipality and ordering a loan for the purpose of capital expenditures may mention the object of the by-law only in general terms and indicate only the amount and maximum term of the loan if the following conditions are met:

(1)  the by-law prescribes, for repayment of the loan, the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax based on the municipal valuation on all taxable immovables in the territory of the municipality; and

(2)  the total amount of the loans ordered by the municipality during the fiscal year, under a by-law made under this paragraph, does not exceed the higher of $100,000 and the amount equivalent to 0.25% of the standardized property value of the municipality as determined under Division I of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F‐2.1), according to the most recent summary of the assessment roll produced before the fiscal year.

For the purposes of subparagraph 2 of the second paragraph, the total amount of the loans ordered by the municipality is deemed to exceed the maximum amount provided for in that paragraph on the adoption of a loan by-law that would cause the total amount to exceed that maximum amount if it came into force.

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; 2006, c. 31, s. 44; 2008, c. 18, s. 57.

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 coming into force of the loan by-law, in connection with the object of the by-law.

Where approval of the loan by-law by persons qualified to vote is not required, the percentage set in the first paragraph is replaced by 10%.

1995, c. 34, s. 49; 2003, c. 19, s. 154.

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 Finance, 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 Finance 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 Finance, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 25.

1066. The council of a municipality may, by resolution, commission the Minister of Finance 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 26.

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 to payment of the interest when the interest specified therein falls due, whether the bearer, the person in whose name the bond is registered or the endorsee, 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; 2008, c. 20, s. 150.

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 Finance.

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 27.

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.

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; 2004, c. 20, s. 116; 2017, c. 13, s. 112.

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. Likewise, if the by-law prescribes the payment of a compensation referred to in section 244.2 of the Act respecting municipal taxation (chapter F-2.1) for the establishment of a sinking fund, it may provide that the owner or occupant from whom the compensation is required may obtain an exemption from the compensation in the same manner, with the necessary modifications.

The share payable is calculated, in the case of a property tax, 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. In the case of a compensation, the share is calculated according to the apportionment provided for in the by-law, as it applies at the time of 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; 2003, c. 19, s. 155.

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 or the owner or the occupant from the compensation, as the case may be, for the remainder of the term of the loan fixed in the by-law.

1985, c. 27, s. 68; 2003, c. 19, s. 156.

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, entrusted yearly to 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 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; 2010, c. 31, s. 85; 2016, c. 7, s. 183.

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, Regions and Land Occupancy, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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, Regions and Land Occupancy.

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

1077. The council may, by by-law requiring only the approval of the Minister of Municipal Affairs, Regions and Land Occupancy, amend or replace any special tax imposed by a loan by-law under which notes, bonds or other securities have been issued.

At least 30 days before it is submitted to the Minister, the amending by-law must be published in accordance with the procedure prescribed for the publication of public notices, with a notice stating that any person wishing to object to the approval of the by-law must so inform the Minister in writing within the 30 days.

If the special tax is imposed under a loan resolution, the council may proceed by resolution rather than by by-law. This article applies, with the necessary modifications, 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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 subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); 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; 2014, c. 1, s. 780.

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, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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. (Repealed).

M.C. 1916, a. 778; 1983, c. 57, s. 33; 2008, c. 20, s. 151.

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.

M.C. 1916, a. 779; 1983, c. 57, s. 33; 1988, c. 84, s. 705; 2008, c. 20, s. 152.

1088. A transfer in accordance with the Act respecting the transfer of securities and the establishment of security entitlements (chapter T-11.002) or with article 1087, as applicable, conveys all rights in the bond to the transferee and entitles the transferee to bring an action based on the bond in the transferee’s 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 article 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; 2008, c. 20, s. 153.

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.

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; 2003, c. 19, s. 250; 2005, c. 28, s. 61.

1093.1. (Repealed).

1984, c. 38, s. 88; 1992, c. 27, s. 62; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2004, c. 20, s. 117; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2017, c. 13, s. 113.

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,

(a.1)  to order a loan,

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget, or

(c)  to accomplish two or all of the above operations.

In the case of subparagraph b of the first paragraph, 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 subparagraph c of the first paragraph, if the operation provided for in subparagraph b of the first paragraph is accomplished, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

The by-law ordering a loan to constitute or increase the amount of the working fund must, for the repayment of the loan, prescribe the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax based on the municipal valuation on all the taxable immovables in the territory of the municipality, and indicate the term of the loan, which must not exceed 10 years. However, if such a by-law is adopted by the council of a regional county municipality, the by-law, instead of prescribing the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax, must stipulate that the repayment of the loan is to be charged to all the municipalities in the territory of the regional county municipality, according to their respective standardized property values within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F‐2.1).

Only a local municipality may impose a tax under subparagraph b of the first paragraph.

(1.1)  In no case may the amount of the fund exceed 20% 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 borrow from the working fund pending the collection of revenues, or in order to pay all or part of an expense resulting from the implementation of a departure incentive program for the officers and employees of the municipality or to pay a capital expenditure. The resolution authorizing the loan must specify the term of repayment, which may not exceed one year, five years or ten years, depending on the purpose of the loan.

(2.1)  (Subarticle replaced).

(3)  The available moneys of such fund must be invested in accordance with article 203.

(4)  The interest on the working fund and the compensatory sum provided for in article 1094.0.3 or 1094.0.7 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected.

(4.1)  If the working fund is abolished, the moneys available in it must be used to repay any loan contracted to constitute or increase the amount of the fund before they may be paid into the general fund.

(5)  A member of the council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in subarticle 1.1;

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,

(c)  the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in subarticle 4.1.

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 subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C‐25.01); 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; 2004, c. 20, s. 118; 2005, c. 50, s. 28; 2006, c. 31, s. 45; 2008, c. 18, s. 58; 2014, c. 1, s. 780.

1094.0.1. Subject to articles 1094.0.2 and 1094.0.6, every year, a municipality shall provide out of its general fund a sum sufficient to repay a loan from the working fund.

2008, c. 18, s. 59.

1094.0.2. If the loan from the working fund of a local municipality is used to pay a capital expenditure incurred for the benefit of a specific sector of the territory of the municipality, the local municipality may decide to reimburse the fund by means of either a special tax imposed on all the taxable immovables situated in the sector or compensation payable by the owners or occupants of those immovables.

In such a case, the council shall authorize the loan from the working fund by a by-law that specifies the amount of the loan and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed 10 years, and must impose a special tax on all the taxable immovables situated in the sector or require compensation from the owners or occupants of those immovables.

2008, c. 18, s. 59.

1094.0.3. The tax imposed or compensation required must provide for the repayment of the loan and the payment of a compensatory amount that may be determined by resolution and must be equal to the interest that would be payable if the municipality, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the municipality, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 59.

1094.0.4. If the by-law imposes a special tax that 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, on the conditions set out in the by-law, exempt the immovable from the tax by paying in one instalment the portion of the principal that, upon maturity of the loan, would have been provided by the tax imposed on that immovable. If the by-law requires compensation, it may provide that the owner or occupant from whom compensation is required may obtain an exemption in the same manner, with the necessary modifications.

The share payable is calculated, in the case of a property tax, according to the assessment roll in force at the time the ratepayer makes the payment, taking into account any taxes paid under the by-law before the payment. In the case of compensation, the share is calculated according to the apportionment provided for in the by-law, as it applies at the time of the payment.

The amount of the moneys to be provided by the tax or compensation is reduced by the amount of any sum paid under this article.

The payment exempts the immovable from the special tax or the owner or occupant from the compensation for the remainder of the term of repayment specified in the by-law.

2008, c. 18, s. 59.

1094.0.5. The by-law is subject to the approval of the qualified voters of the sector.

2008, c. 18, s. 59.

1094.0.6. If a loan from the working fund of a regional county municipality is used to pay a capital expenditure incurred for the benefit of only some of the local municipalities whose territory is situated in the territory of the regional county municipality, the regional county municipality may decide to reimburse the fund by means of an aliquot share payable by the local municipalities concerned.

In such a case, the council shall authorize the loan from the working fund by a by-law that specifies the amount of the loan and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed 10 years, and must require an aliquot share from the local municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 59.

1094.0.7. The aliquot share payable by the municipalities must provide for the repayment of the loan and the payment of a compensatory amount that may be determined by resolution and must be equal to the interest that would be payable if the regional county municipality, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the regional county municipality, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 59.

1094.0.8. For an affirmative decision to be made under article 1094.0.6 or 1094.0.7, in addition to the majority required under section 201 of the Act respecting land use planning and development (chapter A-19.1), a majority of the votes cast by the representatives of the local municipalities for whose benefit the expenditure is incurred must be cast in the affirmative, and the total population awarded to those representatives who cast affirmative votes must be equal to more than half of the total population awarded to all the representatives of the local municipalities concerned.

2008, c. 18, s. 59.

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. The sector determined by a regional county municipality must correspond to the whole territory of one or more local municipalities.

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; 2001, c. 68, s. 42.

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, of the excess amount referred to in section 244.4 of the Act respecting municipal taxation (chapter F‐2.1) from a mode of tariffing established by the municipality under section 244.1 of that Act or, in the case of a reserve established by a regional county municipality, of a special share payable by all the municipalities whose territory is situated within the territory of the regional county municipality, 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 by a local municipality 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 or from the excess amount referred to in section 244.4 of the Act respecting municipal taxation from a mode of tariffing established by the municipality in respect of that sector under section 244.1 of that Act.

Where the reserve is established by a regional county municipality for the benefit of a specific sector, the reserve may not be made up of sums from a special share payable by the local municipalities for whose benefit the reserve is established or from the excess amount referred to in section 244.4 of the Act respecting municipal taxation from a mode of tariffing established by the regional county municipality in respect of that sector under section 244.1 of that Act.

1997, c. 93, s. 94; 2000, c. 19, s. 11; 2001, c. 68, s. 43.

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, Regions and Land Occupancy. The by-law must set out

(1)  the purpose for which the reserve is established;

(2)  the projected amount of the reserve;

(3)  the mode of financing of the reserve;

(4)  in the case of a reserve of specified duration, the duration of the existence of the reserve;

(5)  the allocation of the amount, if any, by which income exceeds expenditures at the end of the existence of the reserve.

The by-law shall also state that the reserve is established for the benefit of the entire territory of the municipality or for the benefit of a specific sector, and shall, in the latter case, describe the limits of the sector.

The approval required under the first paragraph is not required where a reserve is established to meet a requirement of the Government, a minister or a government body as a result of the application of an Act or regulation or to finance election-related expenditures.

1997, c. 93, s. 94; 2000, c. 19, s. 12; 2001, c. 68, s. 44; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 18, s. 54.

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 or, if the reserve was established by a regional county municipality for the benefit of a specific sector, to the municipalities in that sector.

1997, c. 93, s. 94; 2001, c. 68, s. 45.

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 the higher of

(1)  an amount corresponding to 30% of the other appropriations provided for in the budget of the fiscal year in which the by-law is adopted; and

(2)  an amount corresponding to 15% of the total undepreciated cost of fixed assets.

Where a working fund is constituted under article 1094, the maximum amount provided for in the first paragraph is reduced by the amount of the working fund.

As regards a reserve referred to in the third paragraph of article 1094.3, the amount of such a reserve shall not enter into the calculation of the maximum amount provided for in the first paragraph.

1997, c. 93, s. 94; 2001, c. 68, s. 46.

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.

CHAPTER VII FINANCIAL RESERVES FOR THE SUPPLY OF WATER AND FOR ROADS

2005, c. 28, s. 62; 2005, c. 50, s. 29.

1094.7. A local municipality may, for the benefit of its whole territory, create a financial reserve to finance expenditures related to the supply of water or to roads.

The supply of water includes all matters related to waterworks, sewers and, in general, water supply and water purification.

The duration of the reserve is unlimited.

2005, c. 28, s. 62; 2005, c. 50, s. 30.

1094.8. The reserve is made up of

(1)  any revenues from the tax under article 1094.11 which are of right allocated to the reserve;

(2)  the sums the municipality annually allocates to the reserve, taken out of its general fund or its revenues from

(a)  any tax, other than the tax under article 1094.11, or any tariff, if the tax or tariff is imposed either for the supply of water or for roads;

(b)  any subsidy or other liberality not reserved for a purpose other than the purposes for which the reserve is created;

(3)  the interest earned on the capital allocated to the reserve under paragraph 1 or 2.

2005, c. 28, s. 62; 2005, c. 50, s. 31.

1094.9. The resolution creating the reserve must set out the amount and the mode of financing the municipality proposes for the reserve.

It must specify that the reserve is created for the benefit of the whole territory of the municipality, for the purpose of financing the expenditures referred to in article 1094.7.

2005, c. 28, s. 62.

1094.10. The sums allocated to the reserve must be invested in accordance with article 203.

2005, c. 28, s. 62.

1094.11. In addition to any property or rental tax and any tariff it may impose either for the supply of water or for roads, a municipality that has a reserve under article 1094.7 may, by by-law, impose a special annual tax on all the taxable immovables in its territory on the basis of their taxable value.

The tax rate may vary according to the classes of immovables determined in the by-law.

2005, c. 28, s. 62; 2005, c. 50, s. 32.

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;

(4)  expropriate any immovable or part of an immovable that it intends to transfer to a school service centre under section 272.2 of the Education Act (chapter I-13.3).

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; 2020, c. 1, s. 183.

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, 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; 2005, c. 6, s. 213.

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;

(5)  property required to operate an enterprise referred to in section 17.1 or 111 of the Municipal Powers Act (chapter C‐47.1).

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; 2006, c. 31, s. 46.

1104.1. A special notice of the application to obtain the authorization referred to in article 1104 must be notified to 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, Regions and Land Occupancy within such time.

2002, c. 37, s. 117; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; I.N. 2016-01-01 (NCCP).

TITLE XXVIII.1 MUNICIPAL OMBUDSMAN

2006, c. 60, s. 42.

1104.2. For the purposes of this Title, “Municipal Ombudsman” means the person appointed or body created under the first paragraph of article 1104.3.

2006, c. 60, s. 42.

1104.3. The council of a local municipality may, by a resolution adopted by a two-thirds majority vote of its members, appoint a person to act as Municipal Ombudsman or create a body to act in that capacity and appoint its members.

In addition to what is provided in this Title, the resolution must determine the term, rights, powers and obligations of the person or of the body and its members.

A two-thirds majority vote of the council members is required for the council to dismiss the person, abolish the body or dismiss a member of the body.

2006, c. 60, s. 42.

1104.4. In no case may the following persons act as Municipal Ombudsman or be a member of a body created to act in that capacity:

(1)  a member of the council of the municipality;

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

(3)  a person who, personally or through an associate, has a direct or indirect interest in a contract with the municipality.

Any report produced by the Municipal Ombudsman must disclose any situation that could cause a conflict between the responsibilities inherent in the office of Municipal Ombudsman and the Municipal Ombudsman’s personal interest or, in the case of a body, the personal interest of any of its members.

2006, c. 60, s. 42.

1104.5. In the exercise of the functions of office, the Municipal Ombudsman is entitled to obtain from any person any information the Municipal Ombudsman considers necessary.

2006, c. 60, s. 42.

1104.6. Each year, the Municipal Ombudsman must transmit a report on the exercise of the functions of Municipal Ombudsman to the council.

No civil action may be instituted by reason of the report.

2006, c. 60, s. 42.

1104.7. Despite any general law or special Act, neither the Municipal Ombudsman, its members in the case of a body, the members of the personnel, or the professionals under contract may be compelled to give testimony relating to information obtained in the performance of their duties or to produce a document containing such information.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has a right of access to such a document.

2006, c. 60, s. 42.

1104.8. Neither the Municipal Ombudsman, its members in the case of a body, or the members of the personnel may be prosecuted by reason of an act they have done or failed to do in good faith in the performance of their duties.

Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor an injunction granted against the Municipal Ombudsman, its members in the case of a body, the members of the personnel or any professionals under contract, if acting in their official capacity.

A judge of the Court of Appeal, on an application, may summarily annul any proceeding instituted or decision rendered contrary to the first or second paragraph.

2006, c. 60, s. 42; I.N. 2016-01-01 (NCCP).

TITLE XXVIII.2 DISSEMINATION OF CERTAIN INFORMATION

2017, c. 13, s. 114.

1104.9. The Government may, by regulation, determine the information that every municipality is required to disseminate in an open document format on a storage medium so that it can be reused.

The regulation must set out the terms governing the dissemination of such information, which terms may vary according to the different classes of municipalities.

2017, c. 13, s. 114.

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 CIVIL PROCEEDINGS AGAINST A MUNICIPALITY

1990, c. 4, s. 262; 1996, c. 2, s. 455; 2010, c. 18, s. 55.

CHAPTER I NOTICES OF ACTION

2010, c. 18, s. 55.

1112.1. No action in damages may be instituted against a municipality unless 15 days’ written notice of such action is given to the secretary-treasurer of the municipality and the action is instituted within six months after the date on which the cause of action arose. Such notice may be notified by registered mail; it must give the name and residence of the claimant and the nature of the damage for which damages are claimed, and be given within 60 days of the date on which the cause of action arose.

2010, c. 18, s. 55; I.N. 2016-01-01 (NCCP).

CHAPTER II EXECUTION OF JUDGMENTS AGAINST A MUNICIPALITY

2010, c. 18, s. 55.

1113. Whenever a copy of a judgment condemning a municipality to pay a sum of money has been notified 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; I.N. 2016-01-01 (NCCP).

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 notification 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, Regions and Land Occupancy.

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; I.N. 2016-01-01 (NCCP).

1115. The court may, on an application 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; I.N. 2016-01-01 (NCCP).

1116. If the judgment has not been satisfied within two months after the notification 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, may, on producing the return of such notification, give a bailiff instructions to proceed with the execution against the municipality. The bailiff files the notice of execution with the court office, in the record concerned.

M.C. 1916, a. 814; 1996, c. 2, s. 455; 1999, c. 40, s. 60; I.N. 2016-01-01 (NCCP).

1117. Such notice is signed by the clerk, sealed with the seal of the court, and addressed to the clerk 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 clerk 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 notice;

(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; I.N. 2016-01-01 (NCCP).

1118. The clerk 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; I.N. 2016-01-01 (NCCP).

1119. The clerk 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; I.N. 2016-01-01 (NCCP).

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 clerk 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 issuing the judgment, 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; I.N. 2016-01-01 (NCCP).

1121. The sale and adjudication of immovable property by the clerk, 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 one year, if the redemption of the same has not, in the meantime, been effected.

M.C. 1916, a. 819; 1996, c. 2, s. 447; 2008, c. 18, s. 60; I.N. 2016-01-01 (NCCP).

1122. The fees, costs and disbursements of the clerk are taxed at the discretion of the judge of the court issuing the judgment.

M.C. 1916, a. 820; I.N. 2016-01-01 (NCCP).

1123. The clerk 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; I.N. 2016-01-01 (NCCP).

1124. Arrears due under the apportionment or the special collection roll of the clerk, 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 clerk, it belongs to the municipality.

M.C. 1916, a. 822; 1996, c. 2, s. 455; I.N. 2016-01-01 (NCCP).

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-25.01).

M.C. 1916, a. 823; 1996, c. 2, s. 455; I.N. 2016-01-01 (NCCP).

1126. The clerk may obtain from the court any order calculated to facilitate and ensure the complete execution of the notice filed with the court.

M.C. 1916, a. 824; I.N. 2016-01-01 (NCCP).

1127. If any immovable advertised to be sold by the clerk 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 clerk a statement of his claim and costs, which must be added to the amount claimed by the clerk, and be levied by him at the same time as such amount.

M.C. 1916, a. 825; 1996, c. 2, s. 448; I.N. 2016-01-01 (NCCP).

CHAPTER III EXONERATION OF RESPONSIBILITY WITH RESPECT TO ROADS

2010, c. 18, s. 56.

1127.1. Despite any general law or special Act, no municipality may be held liable for damage resulting from an accident suffered by a person on a sidewalk, street, road, walkway or bikeway due to snow or ice, unless the claimant establishes that the accident was caused by the negligence or fault of the municipality; the court must take the weather conditions into account.

2010, c. 18, s. 56.

1127.2. The municipality is not liable for damage caused by the presence of an object on the roadway, walkway or bikeway.

Nor is it liable for damage caused by the state of the roadway or bikeway to the tires or suspension system of a vehicle.

2010, c. 18, s. 56.

1127.3. The municipality is not liable for damage resulting from the absence of a fence between the right of way of a road, front road, walkway or bikeway and contiguous land.

2010, c. 18, s. 56.

1127.4. 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.

2010, c. 18, s. 56.

1127.5. Nothing in articles 1127.2 to 1127.4 is intended to reduce the scope of the exoneration provided for in article 1127.1.

2010, c. 18, s. 56.

TITLE XXXI EXCEPTIONAL PROVISIONS FOR CERTAIN MUNICIPALITIES

1128. (Repealed).

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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 214.

1129. (Repealed).

M.C. 1916, a. 827; 1984, c. 47, s. 213; 1996, c. 2, s. 450; 2005, c. 6, s. 214.

1130. (Repealed).

M.C. 1916, a. 828; 1996, c. 2, s. 451; 2005, c. 6, s. 214.

1131. (Repealed).

M.C. 1916, a. 829; 1996, c. 2, s. 452; 1996, c. 27, s. 106; 1997, c. 53, s. 22; 2005, c. 6, s. 214.

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.

1132.1. A local municipality constituted under the Act respecting the municipal reorganization of the territory of Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent (1988, chapter 55) possesses the attributes and powers conferred upon a regional county municipality as regards the sale of immovables for non-payment of taxes.

2003, c. 19, s. 157.

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, Regions and Land Occupancy 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; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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.