C-72.01 - Act respecting municipal courts

À jour au 30 juin 2004

Ce document a valeur officielle.

chapter C-72.01

Act respecting municipal courts

CHAPTER I SCOPE

1. This Act applies to all local municipalities and to all regional county municipalities.

The purpose of this Act is to establish municipal courts to dispense community justice throughout Québec, thus making the justice system more readily accessible to citizens.

1989, c. 52, s. 1; 2002, c. 21, s. 1.

2. For the purposes of this Act, unless otherwise provided, no regional county municipality is considered to be a local municipality governed by the Municipal Code of Québec (chapter C-27.1).

1989, c. 52, s. 2; 1999, c. 40, s. 93.

CHAPTER II ESTABLISHMENT OF MUNICIPAL COURT

DIVISION I LOCAL MUNICIPAL COURT

3. The council of a local municipality may adopt a by-law to establish a local municipal court having jurisdiction solely within the territory of the municipality.

1989, c. 52, s. 3.

4. A by-law under section 3 must determine, among other particulars, the address where the court is to hold its sittings and the address of its office.

1989, c. 52, s. 4.

DIVISION II COMMON MUNICIPAL COURT

5. This division applies to the establishment of a common municipal court having jurisdiction in the territory of several municipalities.

1989, c. 52, s. 5.

6. A common municipal court may be established

(1)  by local municipalities, provided their territories are situated within the territory of the same regional county municipality or, as the case may be, within that of the same urban community;

(2)  by local municipalities wishing to extend the territorial jurisdiction of an existing local municipal court, provided the requirement as to their territories set out in paragraph 1 is met;

(3)  by a regional county municipality to which local municipalities have delegated the authority to do so, provided the requirement as to the territories of the local municipalities set out in paragraph 1 is met;

(4)  by two of more regional county municipalities contemplated by paragraph 3, provided their territories are contiguous.

1989, c. 52, s. 6; 1990, c. 85, s. 122.

7. The council of any local municipality may adopt a by-law to authorize the making of an agreement with another local municipality regarding the establishment of a common municipal court.

1989, c. 52, s. 7.

8. The council of any local municipality having established a local municipal court and the council of another local municipality having established no such court or which intends to abolish the municipal court it has established or to withdraw its territory from the jurisdiction of such a court may each adopt a by-law to authorize the making of an agreement regarding the establishment of a common municipal court by way of the extension of the territorial jurisdiction of the existing local municipal court.

The first paragraph also applies to any regional county municipality which, for the purposes within its jurisdiction, wishes to submit its territory to the jurisdiction of an existing local municipal court, provided its territory includes the territory of the municipality which established the court.

1989, c. 52, s. 8; 1993, c. 62, s. 1.

9. The councils of two or more local municipalities and that of a regional county municipality may each adopt a by-law to authorize the making of an agreement regarding the delegation to the regional county municipality of the authority to establish a common municipal court and regarding the establishment of the court.

Where only one of the local municipalities which adopt such a by-law has established a local municipal court to serve its territory, the agreement may provide that the court becomes the common municipal court, on the conditions which are provided therein.

Where local municipalities which adopt such a by-law have established a common municipal court which does not exercise its jurisdiction over the territory of any other municipality, the agreement may provide for the transfer of the administration of the common municipal court to the regional county municipality, on the conditions provided in the agreement.

In the cases described in the second and third paragraphs, the clerk and, where applicable, the deputy clerk and the replacement clerk appointed in the chief-place of the municipal court established prior to the agreement become, without any other formality, clerk, deputy clerk and replacement clerk, respectively, in the chief-place of the common municipal court the administration of which is under the jurisdiction of the regional county municipality.

1989, c. 52, s. 9; 1993, c. 62, s. 2.

10. The councils of two or more regional county municipalities which have not established a municipal court but to which the authority to do so has been delegated under section 9 may each adopt a by-law to authorize the making of an agreement regarding the establishment of a common municipal court, if expressly permitted by their respective agreements regarding the delegation of authority.

However, the council of a regional county municipality whose territory wholly or partly comes under the jurisdiction of one local municipality only may adopt a by-law under the first paragraph without a delegation of authority to the regional county municipality.

1989, c. 52, s. 10.

11. A regional county municipality to which a delegation of authority has been made under section 9 may, for the purposes within its jurisdiction, submit its territory to the jurisdiction of the municipal court established.

1989, c. 52, s. 11; 1993, c. 62, s. 3.

11.1. A local municipality may enter into any agreement provided for in this Act with a regional county municipality whose territory is contiguous to that of the regional county municipality on whose council its mayor sits if such local municipality cannot, in given circumstances,

(1)  establish a local municipal court;

(2)  enter into an agreement to establish a common municipal court with a local municipality whose territory is situated in the territory of the same regional county municipality or the same urban community or with the regional county municipality;

(3)  join in an existing agreement.

Such an agreement may also be entered into with a local municipality whose territory is comprised in that of another regional county municipality or of an urban community where such territory is contiguous to the territory of the regional county municipality on whose council the mayor of the local municipality referred to in the first paragraph sits.

The municipality concerned may also join in an existing agreement.

The provisions of this section also apply to a regional county municipality that, for the purposes of its jurisdiction, wishes to enter into an agreement with a contiguous regional county municipality or a local municipality forming part of a contiguous regional county municipality or to join in an existing agreement.

The provisions of this section do not apply if the other prescriptions contained in this Act are not complied with.

1993, c. 62, s. 4; 1996, c. 2, s. 611; 1998, c. 30, s. 1.

12. An agreement regarding the establishment of a common municipal court must include

(1)  a detailed description of its object;

(2)  the determination of the territory in which the chief-place of the court is to be situated, its address and the address of the office of the court;

(3)  the address of the place where the court is to sit for matters relating to one or to two or more municipalities;

(4)  the mode of apportionment of the financial contributions among the municipalities party to the agreement;

(5)  the junctures at which the provisions as to financing may be revised;

(6)  the conditions to which any municipality that withdraws from the agreement is to be subject;

(7)  (paragraph repealed);

(8)  the mode of apportionment, upon the abolition of the court, of the assets and liabilities deriving from the carrying out of the agreement.

1989, c. 52, s. 12; 1996, c. 2, s. 612; 1998, c. 30, s. 2.

13. The financial contribution of the municipalities must cover

(1)  the capital expenditures of an intermunicipal nature before and after the agreement;

(2)  the operating costs relating to the object of the agreement.

1989, c. 52, s. 13.

14. The agreement may, for the purposes of its implementation, provide for the creation of an intermunicipal advisory committee composed of persons appointed from among the members of the councils of the municipalities party to the agreement.

1989, c. 52, s. 14.

15. The parties to the agreement may provide therein that any other municipality may join the agreement.

If the parties do so provide, the agreement must determine, or provide for a mechanism for determining, the conditions subject to which it may be joined.

Any municipality, by by-law of its council, may join the agreement subject to the conditions determined by or pursuant to the agreement.

1989, c. 52, s. 15.

16. A regional county municipality to which a local municipality makes a delegation of authority has all the powers necessary for the carrying out of the agreement, including the power to carry out work in the territory of the other municipality and to acquire and own property in that territory.

1989, c. 52, s. 16.

17. Where there is a dispute among the municipalities as to the carrying out of the agreement, one of them may request the Minister of Justice to designate a conciliator to help them find a solution to the dispute; notice of such a request must be given to the other party.

The Minister shall designate a conciliator and determine the time within which the conciliation report is to be submitted to him.

1989, c. 52, s. 17.

18. Where the conciliator fails to bring the parties to a solution, the Commission municipale du Québec, established under the Act respecting the Commission municipale (chapter C-35), may, on the application of one of the parties, notice of which is given to the other party, render the decision it considers equitable after hearing the municipalities concerned and examining the conciliation report transmitted by the Minister of Justice.

The provisions of the Code of Civil Procedure (chapter C-25) respecting the homologation of arbitration awards, adapted as required, apply to the decision of the Commission.

1989, c. 52, s. 18.

DIVISION II.1 APPLICATIONS RELATING TO MUNICIPAL COURTS IN THE EVENT OF THE AMALGAMATION OR ANNEXATION OF MUNICIPAL TERRITORIES

1993, c. 62, s. 5.

18.1. The Minister of Municipal Affairs, Sports and Recreation shall give notice to the Minister of Justice of every joint application for the amalgamation of municipal territories and every annexation by-law received by him.

1993, c. 62, s. 5; 1999, c. 43, s. 13; 2000, c. 54, s. 29; 2003, c. 14, s. 158; 2003, c. 19, s. 250.

18.2. From the coming into force of the order made pursuant to section 108 of the Act respecting municipal territorial organization (chapter O-9)

(1)  the local municipal court which, at the time the joint application for the amalgamation of municipal territories is filed under section 85 of the said Act, has jurisdiction over the territory of only one of the municipalities party to the joint application for amalgamation,

(2)  the common municipal court which, at the time the joint application for the amalgamation of municipal territories is filed under section 85 of the said Act, has jurisdiction over the territory of at least two of the municipalities party to the joint application for amalgamation, provided that that municipal court does not have jurisdiction over the territory of a municipality which is not party to the joint application for amalgamation, or

(3)  the common municipal court which, at the time the joint application for the amalgamation of municipal territories is filed under section 85 of the said Act, has jurisdiction over the territory of the municipalities party to the joint application for amalgamation, provided that the only change in the agreement respecting the municipal court that results from the amalgamation consists in replacing the names of the municipalities by the name of the new municipality resulting from the amalgamation,

shall become, without any other formality, the municipal court of the municipality resulting from the amalgamation of municipal territories.

This section applies provided that only one local or common municipal court, as the case may be, has been established at the time the joint application for amalgamation of municipal territories is filed.

The Minister of Justice shall inform the public thereof by means of the Gazette officielle du Québec or any other means he considers appropriate.

1993, c. 62, s. 5; 1998, c. 30, s. 3.

18.3. In any case other than those described in section 18.2 where one or several municipal courts have jurisdiction over the territory of one or several municipalities party to a joint application for the amalgamation of municipal territories filed under section 85 of the Act respecting municipal territorial organization (chapter O‐9), the application must include, in accordance with the prescriptions of this Act, provisions relating to such municipal courts.

Where, pursuant to the application, a municipal court, established by one of the municipalities party to the application, is to have jurisdiction over the territory of the municipality resulting from the amalgamation, the said application must be accompanied, in particular, with an agreement providing for the extension of the jurisdiction of that municipal court over the territory of the municipality resulting from the amalgamation.

The clerk or the secretary-treasurer of the applicant municipality with the largest population shall, when forwarding the joint application for the amalgamation of municipal territories to the Minister of Municipal Affairs, Sports and Recreation, send a copy of it to the Minister of Justice accompanied, where applicable, with any by-law or any agreement required by this Act.

No order relating to the municipal court may be made nor come into force before the order made pursuant to section 108 of the Act respecting municipal territorial organization.

1993, c. 62, s. 5; 1999, c. 43, s. 13; 2000, c. 54, s. 30; 2003, c. 14, s. 159; 2003, c. 19, s. 250.

18.4. (Repealed).

2000, c. 54, s. 31; 2003, c. 19, s. 250; 2003, c. 14, s. 160.

DIVISION III APPROVAL AND COMING INTO FORCE OF BY-LAWS AND AGREEMENTS

19. Every by-law adopted under this chapter shall be submitted to the Government for approval.

A by-law adopted by the council of a local municipality must receive the affirmative vote of the majority of the members of the council.

1989, c. 52, s. 19; 1996, c. 2, s. 613; 1998, c. 31, s. 82.

20. Where a by-law pertains to the making of an agreement, only the agreement is subject to the approval of the Government.

1989, c. 52, s. 20.

21. A certified copy of the by-law and of the agreement, if any, shall be transmitted to the Minister of Justice; the municipality shall notify the Minister of Municipal Affairs, Sports and Recreation.

Where the by-law pertains to the municipality’s joining an existing agreement, a certified copy of the by-law shall also be transmitted by the municipality to every municipality party to the agreement.

1989, c. 52, s. 21; 1999, c. 43, s. 13; 2003, c. 19, s. 250.

22. The Minister of Justice may require from the council of the municipality any document or information he considers necessary to decide upon the advisability of the by-law or agreement, as the case may be. The officers or employees of the municipality are bound to comply.

1989, c. 52, s. 22.

23. On the recommendation of the Minister of Justice who shall consult the Minister of Municipal Affairs, Sports and Recreation, the Government may approve the by-law or agreement, as the case may be. The Minister of Justice shall give notice of such approval to the chief judge.

The by-law or agreement, as the case may be, comes into force 15 days after the date of publication of the order of the Government in the Gazette officielle du Québec or on any later date indicated in the order.

1989, c. 52, s. 23; 1998, c. 30, s. 4; 1999, c. 43, s. 13; 2002, c. 21, s. 2; 2003, c. 19, s. 250.

24. Any amendment to a by-law or agreement is subject to the formalities provided for in this chapter.

However, where the sole purpose of the amendment is to change the address of the place where the municipal court holds its sittings or to determine any other place where the court may hold its sittings, the amendment may be made by a resolution of the municipality approved by the Minister of Justice; such a resolution, where it changes the address of the place where a common municipal court holds its sittings, must be adopted by each of the municipalities party to the agreement regarding the establishment of the court, in which case the agreement need not be amended specifically.

1989, c. 52, s. 24; 2002, c. 21, s. 3.

CHAPTER III ORGANIZATION OF MUNICIPAL COURT

DIVISION I COMPOSITION AND JURISDICTION

24.1. Municipal courts and municipal judges shall be under the authority of the associate chief judge of the Court of Québec who is responsible for municipal courts. The associate chief judge shall exercise, under the authority of the chief judge of the Court of Québec, the functions exercised by the chief judge in respect of municipal judges and municipal courts pursuant to this Act, in addition to the functions assigned to the associate chief judge by the Courts of Justice Act (chapter T-16).

2002, c. 21, s. 4.

25. Each municipal court is composed of at least one judge. The Government may appoint several judges to the same court where that is necessary for the proper functioning of the court.

Where the court is composed of several judges, the Government shall designate among them the one who shall be responsible for the court.

However, in courts where judges exercise their functions exclusively and on a full-time basis, the Government shall appoint a president judge from among the judges where it considers that the volume of judicial activity so warrants.

The Government may, in addition, where circumstances so warrant, appoint an associate president judge from among the judges of the court to assist the president judge in the exercise of his or her functions.

1989, c. 52, s. 25; 2002, c. 21, s. 5.

25.1. Under the authority of the chief judge, the president judge and the judge responsible for the court shall be responsible for coordinating and distributing the work of the judges assigned to the court, assigning the cases and scheduling the sittings of the court. The judges must, in that regard, comply with the orders and directives of the president judge and judge responsible for the court.

The president judge shall also exercise such other functions as the chief judge determines.

2002, c. 21, s. 6.

25.2. The term of office of the president judge is seven years and the term of office of the judge responsible for the court is three years. The term may not be renewed.

The term of the judge responsible for a court shall terminate upon the appointment of a president judge to that court.

The president judge and the judge responsible for the court shall remain in office notwithstanding the end of their term until they are replaced.

Where the president judge is absent or unable to act, he or she may be replaced by the associate president judge or, where there is no associate president judge, by another municipal judge appointed by the Government from among the judges assigned to the same court, to exercise the functions of the president judge until the president judge resumes the exercise of his or her functions or is replaced.

2002, c. 21, s. 6.

25.3. Where the judge responsible for the court is absent or unable to act, he or she may be replaced by another municipal judge appointed by the Government from among the judges assigned to the same court, to exercise the functions of the judge responsible for the court until the latter resumes his or her functions or is replaced.

2002, c. 21, s. 6.

25.4. The associate president judge shall advise and assist the president judge. In addition, the associate president judge shall exercise such other functions as are determined by the chief judge.

2002, c. 21, s. 6.

25.5. The term of office of the associate president judge shall not exceed three years and may be renewed.

The associate president judge shall remain in office notwithstanding the end of his or her term until he or she is replaced or reappointed.

2002, c. 21, s. 6.

26. The chief-place of a municipal court shall be situated in the territory of the municipality that establishes the court; in the case of a common municipal court, the chief-place shall be situated in the territory indicated in the agreement regarding the establishment of the court or, as the case may be, in an amendment to the agreement.

1989, c. 52, s. 26.

27. A municipal court is a court of original jurisdiction in the matters devolved upon it by law; it is a court of record.

1989, c. 52, s. 27.

28. In civil matters, a municipal court has jurisdiction to dispose of

(1)  any action brought under a municipal by-law, resolution or order for the recovery of any sum of money due to the municipality in respect of a tax, licence, tariff, water rate, fee, compensation or permit or otherwise;

(2)  any action for the recovery of school taxes which the municipality collects on behalf of a school board;

(3)  any action in which the amount claimed is under $30,000, brought by the municipality as the lessor of movable or immovable property situated in its territory other than an immovable for housing purposes, or any action of the same nature instituted by the lessee of such property against the municipality.

1989, c. 52, s. 28; 1995, c. 2, s. 11.

29. In penal matters, a municipal court has jurisdiction to dispose of penal proceedings for the prosecution of an offence under any provision of

(1)  the charter of the municipality or a municipal by-law, resolution or order;

(2)  the Act governing the municipality.

In his judgment, the judge may order any measure conducive to the enforcement of a municipal by-law, resolution or order, except the demolition of an immovable.

1989, c. 52, s. 29.

30. From the time a by-law or agreement, as the case may be, regarding the establishment of a municipal court comes into force and a judge is appointed to the court, no judge of the Court of Québec, subject to the second paragraph, and no justice of the peace, subject to the powers that may be exercised by justices of the peace appointed to the municipal court, shall, as such, take cognizance of offences under any provision of the charter of the municipality or a municipal by-law, resolution or order, unless the municipal judge refers the case to such a judge or to a justice of the peace.

The Court may exercise any jurisdiction in penal matters recognized by law as a jurisdiction of the Court in respect of a person under 18 years of age if the person is not in the situation described in article 88 of the Code of Penal Procedure (chapter C‐25.1). The municipal judge shall, furthermore, refer the case to a judge of the Court of Québec where the interest of the person warrants it or the person applies therefor.

1989, c. 52, s. 30; 1995, c. 42, s. 1; 2004, c. 12, s. 21.

31. Where a municipal court has jurisdiction over territories situated in different judicial districts, the territories are deemed, notwithstanding the Territorial Division Act (chapter D-11), to be situated in the same district as the chief-place of the court.

The first paragraph also applies to the judge, clerk and deputy clerk of a municipal court when they act as justices of the peace.

1989, c. 52, s. 31.

DIVISION II MUNICIPAL JUDGE

§ 1 . — Appointment, removal and end of tenure

32. The Government shall, by a commission under the Great Seal, appoint a municipal judge to hold office in each court it designates.

1989, c. 52, s. 32.

33. Every municipal judge shall be appointed from among advocates having at least ten years’ practice.

The years during which a person acquired pertinent legal experience after obtaining a diploma of admission to the Barreau du Québec or a certificate of competence to practise the profession of advocate in Québec may be considered as years of practice.

1989, c. 52, s. 33.

34. No person shall be appointed a municipal judge unless he has been previously selected according to the procedure established by government regulation for the selection of persons apt for appointment as judges. The regulation may, in particular,

(1)  determine the procedure by which a person may become a candidate for the office of judge;

(2)  authorize the Minister of Justice to establish a selection committee to assess the competence of candidates for the office of judge and advise him in that respect;

(3)  fix the composition and mode of appointment of the members of the committee;

(4)  determine the criteria of selection that the committee is to consider;

(5)  determine the information that the committee may require from a candidate and the consultations it may make.

1989, c. 52, s. 34.

35. Members of the selection committee are not entitled to remuneration, except in such cases, subject to such conditions and to such extent as may be determined by the Government. They are entitled, however, to reimbursement of the expenses incurred in the exercise of their functions subject to the conditions and to the extent determined by the Government.

1989, c. 52, s. 35.

36. Before entering upon the duties of his office, every municipal judge shall make the following oath: “I declare under oath that I will faithfully, impartially and honestly, and to the best of my knowledge and abilities, fulfil all the duties and exercise all the powers of a judge of a municipal court”.

The oath shall be made before the chief judge courts or a judge of the Court of Québec and the writing evidencing it shall be transmitted to the Minister of Justice.

1989, c. 52, s. 36; 1998, c. 30, s. 5; 1999, c. 40, s. 93; 2002, c. 21, s. 7.

36.1. (Repealed).

1998, c. 30, s. 6; 2002, c. 21, s. 8.

36.2. (Repealed).

1998, c. 30, s. 6; 2002, c. 21, s. 8.

36.3. (Repealed).

1998, c. 30, s. 6; 2002, c. 21, s. 8.

36.4. (Repealed).

1998, c. 30, s. 6; 2002, c. 21, s. 8.

36.5. (Repealed).

1998, c. 30, s. 6; 2002, c. 21, s. 8.

37. Notwithstanding any provision to the contrary, neither the acceptance of the office of municipal judge nor the exercise of the functions of such office shall prevent an advocate from practising as an advocate before a court of justice, but he shall thereby be prevented from practising as an advocate before any municipal court or before the Court of Québec.

1989, c. 52, s. 37; 2002, c. 21, s. 9.

37.1. (Repealed).

1998, c. 30, s. 7; 2002, c. 21, s. 10.

38. Municipal judges are appointed during good behaviour. The rules provided in the Courts of Justice Act (chapter T-16) with respect to the dismissal of judges apply to municipal judges.

1989, c. 52, s. 38.

39. A municipal judge shall cease to hold office when he reaches 70 years of age or where the municipal court to which he is appointed is abolished.

1989, c. 52, s. 39.

39.1. Notwithstanding section 39, a judge of a municipal court that has been abolished who has not been appointed to another municipal court shall retain the status of municipal judge solely for the purpose of sitting as an acting judge pursuant to section 41 or 42 or as a deputy judge pursuant to section 46 on the court to which the judge was designated before the abolition or for the purpose of being temporarily assigned to a municipal court in accordance with section 46.1. Failing such a designation, the chief judge, having regard to the requirements of the proper administration of justice and of the efficient management of the public funds allocated therefor, shall, by preference, designate the judge as an acting or deputy judge of a municipal court or temporarily assign the judge to a municipal court. The chief judge may not revoke the designation of a deputy judge until the judge is appointed to another municipal court.

1998, c. 30, s. 8; 2002, c. 21, s. 11.

39.2. A judge of a municipal court that has been abolished and who has not been appointed to another court may, following the publication of a notice of vacancy on a municipal court and within the time provided therein, apply for the position. Where that is the case, the selection committee formed pursuant to section 34 is required, without further formality, to recognize the judge’s qualification for appointment as a municipal judge. The recognition of qualification shall be effective until the judge concerned is appointed to another municipal court.

1998, c. 30, s. 8.

39.3. The Government shall give priority consideration to an application submitted by a judge recognized to be qualified pursuant to section 39.2 for any office of municipal judge that the Government intends to fill pursuant to section 32 for which the judge shows an interest within the time provided in the notice of vacancy.

1998, c. 30, s. 8; 2002, c. 21, s. 12.

§ 2 . — Assignment

40. A municipal judge is assigned to the court indicated in his deed of appointment as well as to any court he is designated to preside over under section 41 or 42.

1989, c. 52, s. 40.

41. Upon the establishment of a municipal court, the chief judge may, if the circumstances so require, designate a judge of another municipal court to preside over the sittings of the new court until a judge is appointed to the court by the Government.

Notice of the designation shall be published in the Gazette officielle du Québec.

1989, c. 52, s. 41; 1998, c. 30, s. 9.

42. Where a municipal judge dies, resigns, is unable to exercise his functions or otherwise ceases to do so, the municipality shall forthwith notify the Minister of Justice and the chief judge. The chief judge may, if the circumstances so require, designate a judge of another municipal court to replace him until a new judge is appointed to the court by the Government.

Notice of the designation shall be published in the Gazette officielle du Québec.

1989, c. 52, s. 42; 1998, c. 30, s. 10; 2002, c. 21, s. 13.

42.1. The chief judge shall designate an acting judge pursuant to section 41 or 42 having regard to the requirements of the proper administration of justice and of the efficient management of the public funds allocated therefor.

1998, c. 30, s. 11.

§ 3 . — Jurisdiction and ethics

43. A municipal judge has jurisdiction to dispose of all matters within the jurisdiction of the court to which he is assigned.

1989, c. 52, s. 43.

44. A municipal judge is ex officio a justice of the peace in the district in which the territory within the jurisdiction of the municipal court is situated, for the purposes of the Acts of the Parliament of Canada conferring jurisdiction on him in such respect.

1989, c. 52, s. 44.

45. A municipal judge, in addition to complying with the standards of conduct and fulfilling the duties imposed by the code of ethics adopted pursuant to section 261 of the Courts of Justice Act (chapter T-16), shall observe the following rules:

(1)  He shall not, even indirectly, enter into a contract with a municipality within the territory in which the municipal court has jurisdiction, except in the cases provided for in section 305 of the Act respecting elections and referendums in municipalities (chapter E-2.2), adapted as required, nor shall he advise any person negotiating such a contract;

(2)  He shall not, even indirectly, agree to represent or act against a municipality or a member of the municipal council, an employee other than an employee within the meaning of the Labour Code (chapter C-27) or a police officer of a municipality within the territory in which the municipal court has jurisdiction;

(3)  He shall not hear a case pertaining to a contract described in paragraph 1 to which an advocate with whom he practises as an advocate is a party or a case in which such an advocate is representing or acting against a municipality or person contemplated in paragraph 2;

(4)  He shall not hear a case involving a question similar to one involved in another case in which he represents one of the parties;

(5)  He shall, with respect to every case referred to him, make and file in the record a declaration stating not only the grounds of recusation to which he is aware he is liable and which are set out in article 234 of the Code of Civil Procedure (chapter C-25), but also any grounds indirectly connected with him and arising either from the fact that he is representing one of the parties or from the activities of a person with whom he practises as an advocate.

1989, c. 52, s. 45.

45.1. Every judge exercising his or her functions in a municipal court to which a president judge has been appointed must exercise such functions on an exclusive basis.

The second paragraph of section 129 of the Courts of Justice Act (chapter T-16) applies to the exercise of such functions.

2002, c. 21, s. 14.

§ 4 . — Deputy municipal judge and temporarily assigned judge

2002, c. 21, s. 15.

46. The chief judge shall designate a deputy judge for each municipal court that is not under the authority of a president judge. Deputy judges shall be designated from among the judges of other municipal courts who are not required to exercise their functions on an exclusive basis. The deputy judge shall act if the judge assigned to the court recuses himself or is absent or unable to act. If the deputy judge recuses himself or is absent or unable to act, the chief judge shall designate another deputy judge.

In designating a deputy judge, the chief judge shall have regard to the requirements of the proper administration of justice and of the efficient management of the public funds allocated therefor.

1989, c. 52, s. 46; 1998, c. 30, s. 12; 2002, c. 21, s. 16.

46.1. For the proper dispatch of the business of a municipal court that is under the authority of a president judge and on the recommendation of the latter, the chief judge may temporarily assign a municipal judge to that court, for the period determined by the chief judge, in order to meet a temporary need. The judge has the powers of the judges of the court to which he or she is assigned.

In making a temporary assignment, the chief judge shall have regard to the requirements of the proper administration of justice and the efficient management of the public funds allocated therefor.

Notwithstanding section 45.1, a judge not required to exercise his or her functions on an exclusive basis before the temporary assignment does not become subject to that requirement during the assignment.

The remuneration and employment benefits of a temporarily assigned judge shall be borne by the municipality responsible for the administration of the municipal court to which the judge is so assigned.

2002, c. 21, s. 17.

47. (Replaced).

1989, c. 52, s. 47; 1998, c. 30, s. 12.

48. A deputy judge has all the rights, powers and privileges of the judge replaced by the deputy judge and shall exercise the functions of that judge from the time of designation until the designation is revoked by the chief judge.

A copy of the designation and, where applicable, of its revocation must be filed at the office of the court and transmitted to the Minister.

1989, c. 52, s. 48; 1998, c. 30, s. 13.

§ 5 . — Remuneration and social benefits

1997, c. 84, s. 6.

49. The Government shall fix, by order, the scales of the remuneration to be paid to municipal judges and deputy municipal judges according as they exercise their functions on a full-time or part-time basis. It may, in the same manner, establish their social benefits.

However, in the case of a municipal court under the authority of a president judge, the Government shall fix, by order, the salaries of the judges appointed to the municipal court and determine the pension plan applicable to them as well as their employment benefits.

The Government shall fix, in the same manner, the additional remuneration attached to the office of president judge and of associate president judge.

1989, c. 52, s. 49; 1997, c. 84, s. 7; 2002, c. 21, s. 18.

49.1. (Repealed).

1998, c. 30, s. 14; 2002, c. 21, s. 19.

49.2. (Repealed).

1998, c. 30, s. 14; 2002, c. 21, s. 19.

49.3. (Repealed).

1998, c. 30, s. 14; 2002, c. 21, s. 19.

50. No order may be made by the Government under section 49, 49.1 or 49.2 unless the prescriptions of Part VI.4 of the Courts of Justice Act (chapter T‐16) have been complied with.

1989, c. 52, s. 50; 1997, c. 84, s. 8; 1998, c. 30, s. 15.

51. Every order under section 49 comes into force on the date of its publication in the Gazette officielle du Québec or on any earlier or later date fixed therein.

1989, c. 52, s. 51; 1998, c. 30, s. 16; 1999, c. 62, s. 7; 2002, c. 21, s. 20.

CHAPTER IV FUNCTIONING OF THE COURT

DIVISION I SITTINGS OF THE COURT

52. The sittings of the court shall be presided over by one judge, even if the court is composed of more than one judge.

1989, c. 52, s. 52.

53. The court may sit on any juridical day of the year, and as many times as may be necessary.

However, it must sit, in a proportion of at least one sitting of two, after 6:00 p.m.

In the case of a court that is under the authority of a president judge, the chief judge may, at the request of the president judge and if warranted by the circumstances, authorize the court, according to the terms and conditions determined by the chief judge, to sit after 6:00 p.m. or on Saturdays in a lesser proportion than that prescribed in the second paragraph. However, the proportion may not be less than one sitting out of three. The chief judge may cancel the authorization. Such an authorization or cancellation must be posted in the office of the court and sent to the Minister.

1989, c. 52, s. 53; 2002, c. 21, s. 21.

54. Under the authority of the chief judge, the court may fix, at its discretion, any time for trial of cases and the rendering of judgments within its jurisdiction.

1989, c. 52, s. 54; 2002, c. 21, s. 22.

55. The court shall sit at its chief-place. In the case of a common municipal court, the court may also, in respect of matters relating to the territory of one or two or more municipalities situated in a territory other than that in which the chief-place is situated, sit in the territory of one of those municipalities. In such a case, the municipalities must determine, in the agreement concerning the court, the place where the court will sit for matters relating to their respective territories.

Where the size of the territory of the municipality served by a municipal court so warrants, the municipal court may, in addition, sit at any other place in the territory that is indicated in the by-law or agreement establishing the court approved by the Government.

1989, c. 52, s. 55; 1993, c. 62, s. 6; 1996, c. 2, s. 614; 1998, c. 30, s. 17; 2002, c. 21, s. 23.

56. The court shall sit at the place indicated either in the by-law or agree to establish the court approved by the Government, or, where such is the case, in an amendment made to the by-law or agreement.

However, where it is impossible for the court, by reason of irresistible force, to sit at that place, the Minister of Justice shall appoint, by order, the new place at which it shall sit until it ceases to be impossible or until an amendment to the by-law or agreement is approved by the Government, whichever comes first.

1989, c. 52, s. 56.

DIVISION I.1 GENERAL POLICIES AND RULES OF PRACTICE

1998, c. 30, s. 18.

56.1. The municipal judges, in agreement with the chief judge, may adopt general policies, which must be compatible with the provisions of this Act and take into account the specific character of municipal courts.

1998, c. 30, s. 18; 2002, c. 21, s. 24.

56.2. A majority of the municipal judges, in agreement with the chief judge, may adopt uniform rules of practice applicable to all municipal courts in matters necessary for the exercise of their jurisdiction, either at a meeting called for that purpose by the chief judge or through any other means whereby the chief judge may consult them.

Similarly, a majority of the judges of the Municipal Court of Ville de Montréal, in agreement with the chief judge, may, either at a meeting called for that purpose by the chief judge or through any other means whereby the chief judge may consult them, supplement the rules of practice with special rules applicable only before their court.

The rules of practice must be compatible with the provisions of this Act and the provisions of the Code of Civil Procedure (chapter C-25) and the Code of Penal Procedure (chapter C-25.1).

The rules of practice are subject to the approval of the Government. The provisions of the Regulations Act (chapter R-18.1), except Division V, apply to the rules.

The rules of practice must be posted in the office of each municipal court.

1998, c. 30, s. 18; 2002, c. 21, s. 25.

DIVISION II PERSONNEL OF THE COURT

57. The municipal council responsible for the administration of the chief-place of the court shall, by resolution, appoint the clerk of the court and fix his salary. It may, in the same manner, appoint a deputy clerk.

1989, c. 52, s. 57.

58. The clerk and, where such is the case, the deputy clerk are officers of the court; they shall exercise their judicial functions under the supervision of the judge.

The clerk may designate, from among the members of the personnel assigned to the office of the court, the members who may perform certain acts in the clerk’s stead or in the stead of the deputy clerk, provided those acts do not require the exercise of any judicial or discretionary power.

1989, c. 52, s. 58; 2002, c. 21, s. 26.

59. The clerk and, where such is the case, the deputy clerk shall neither represent the municipality before a court of justice nor represent another person before the municipal court.

In addition, they cannot exercise functions that the Government may by regulation declare incompatible with the functions of clerk or deputy clerk of a municipal court.

1989, c. 52, s. 59.

60. Before entering into office, the clerk and, where such is the case, the deputy clerk shall make the following oath: “I declare under oath that I will faithfully and honestly, to the best of my knowledge and abilities, fulfil all the duties and functions of clerk (or deputy clerk) of a municipal court”.

The oath shall be taken before a person authorized to receive the taking of the oath under Part IV of the Courts of Justice Act (chapter T-16); the document evidencing the oath shall be kept in the court office.

1989, c. 52, s. 60; 1999, c. 40, s. 93.

61. Sections 71 to 73.1 of the Cities and Towns Act (chapter C-19) or articles 267.0.1 to 267.0.6 of the Municipal Code of Québec (chapter C-27.1), as the case may be, apply with the necessary modifications, to the clerk or deputy clerk of the court who has held a position for at least six months or has held a position of the same nature as those referred to in section 71 of the said Act or article 267.0.1 of the said Code, as the case may be, within the municipality which is responsible for the administration of the chief-place of the court.

1989, c. 52, s. 61; 2000, c. 54, s. 32.

62. The clerk’s functions, in particular, are as follows:

(1)  to receive oaths;

(2)  to summon witnesses;

(3)  to authorize special methods of service;

(4)  to assist the judge at hearings;

(5)  to verify and approve judicial costs, including the bailiff’s accounts;

(6)  to take custody of the records.

1989, c. 52, s. 62; 1999, c. 40, s. 93.

63. The clerk may, where no judge is present or able to act, register the appearance or default of the defendants, parties or witnesses summoned and adjourn the sitting to any subsequent date. Where the clerk exercises the same functions in criminal matters, he is then deemed to be a justice of the peace.

1989, c. 52, s. 63.

64. The clerk shall transmit, at least once a year, a report of the activities of the court to the chief judge and the Minister of Justice. The report shall contain, on a monthly basis, the following particulars:

(1)  the number of days on which sittings were held and the average time devoted thereto;

(2)  the number of cases heard and the nature thereof;

(3)  the places, dates and times of the hearings;

(4)  the number of cases taken under advisement and the time between trial and judgment;

(5)  the number of judgments rendered.

1989, c. 52, s. 64; 1998, c. 30, s. 19.

65. The deputy clerk, in the exercise of his functions, is vested with all the powers and subject to the same obligations as conferred or imposed by this Act on the clerk of the court.

1989, c. 52, s. 65.

66. The municipal council responsible for the administration of the chief-place of the court or the director general, if the power has been delegated to the director general by the council, may appoint a replacement clerk to assist the judge at hearings when the clerk and deputy clerk are absent or unable to act.

Sections 57 to 60 and 62 apply, adapted as required, to the replacement clerk.

1989, c. 52, s. 66; 1998, c. 30, s. 20; 2002, c. 21, s. 27.

67. (Repealed).

1989, c. 52, s. 67; 1992, c. 61, s. 652; 2004, c. 12, s. 22.

68. The municipal council responsible for the administration of the chief-place of the court may appoint as many bailiffs of the court as it thinks advisable from among the members of the Ordre professionnel des huissiers de justice du Québec.

A bailiff appointed to a court shall exercise his functions at that court only.

1989, c. 52, s. 68; 1995, c. 41, s. 23.

69. The municipality in whose territory the court sits is required, if the judge so requests, to provide the judge with the services of a person to act as usher; the usher is an officer of the court and shall, if required by the judge, act as constable without special appointment for such purpose.

1989, c. 52, s. 69; 1996, c. 2, s. 615.

DIVISION III PHYSICAL ORGANIZATION

70. A municipality which establishes a local municipal court or agrees to establish an intermunicipal court must furnish the court with the premises and movable property required to hold sittings of the court in its territory.

1989, c. 52, s. 70.

71. The municipality must also furnish premises and movable property for the use of the judge, together with the premises and movable property to serve as interview rooms for the parties.

The premises must be situated close to the court room.

1989, c. 52, s. 71.

72. The municipality in the territory of which the chief-place is situated must also furnish the premises and the movable property required to establish and maintain the court office as well as to hold and preserve the court records.

The office must be separate from the municipal office and situated in an accessible place; the premises of the office must be situated close to those of the chief-place of the court.

1989, c. 52, s. 72.

73. The premises and movable property contemplated in this division must be in conformity with the standards which may be determined by government regulation.

1989, c. 52, s. 73.

CHAPTER V PROCEDURE APPLICABLE

DIVISION I GENERAL PROVISIONS

74. Subject to the other provisions of this chapter and those of any special Act, the procedure applicable in any action brought before the municipal court is enacted in the Code of Civil Procedure (chapter C-25), except in respect of penal proceedings.

1989, c. 52, s. 74; 1990, c. 4, s. 978.

75. The clerk shall keep an up-to-date register of proceedings in each case brought before the court; he shall enter the name of the prosecutor and that of the defendant, the nature of the action or proceedings, the judgment and the date thereof in the register.

1989, c. 52, s. 75.

76. whenever required, the clerk of the court shall sign the document concerned or affix his signature by means of a mechanical device.

1989, c. 52, s. 76.

77. The Government may, by regulation, fix the tariff of costs in all cases under the jurisdiction of the court but not governed by the Code of Penal Procedure (chapter C-25.1).

1989, c. 52, s. 77; 1990, c. 4, s. 979.

DIVISION II CIVIL PROCEDURE

78. Every summons, order or writ issued by the court and governed by the Code of Civil Procedure (chapter C-25) shall be signed by the judge or the clerk of the court.

1989, c. 52, s. 78.

79. Where a judge dies, resigns, is unable to exercise his functions or otherwise ceases to do so, the judge who is designated or appointed to replace him has jurisdiction to hear the cases of which the first judge had been seized.

This judge shall sign the minute of each judgment which the first judge rendered in the hearing and which he could not sign for the same reason, provided he is satisfied that the text of the judgment is consistent with the judgment rendered. However, where the court is composed of several judges, the president judge or the judge responsible for the court, as the case may be, may, in the same circumstances and on the same conditions, also sign the minute of such a judgment.

1989, c. 52, s. 79; 2002, c. 21, s. 28.

80. In every action where the object in dispute is a tax, licence, tariff, water rate, fee, compensation or permit exceeding the sum of $7,000, or where the dispute concerns the interpretation of a contract to which the municipality is a party and which represents a value exceeding the sum of $7,000, an appeal lies from the final decision of the judge to the Court of Appeal.

1989, c. 52, s. 80; 2002, c. 7, s. 169.

81. Subject to section 80, a judgment dealing with a debt which does not exceed the amount fixed in subparagraph a of the first paragraph of article 953 of the Code of Civil Procedure (chapter C-25) is final and without appeal.

1989, c. 52, s. 81; 1992, c. 63, s. 18.

82. Where a future right is affected by a judgment rendered in any action before a municipal court, the defendant may, by way of evocation, require that the action be brought before the Superior Court of the same district for hearing and judgment.

1989, c. 52, s. 82.

DIVISION III PENAL PROCEDURE

83. A penal proceeding may be brought by the municipality in whose territory the offence was committed.

1989, c. 52, s. 83; 1992, c. 61, s. 653.

84. Where a municipality institutes penal proceedings before a municipal court, the fine imposed for an offence under a provision of an Act or the charter governing the municipality in whose territory the offence has been committed, or of a by-law, resolution or order of the municipality belongs to the municipality that instituted the penal proceedings and forms part of its general fund.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that 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 remitted to the defendant or imposed on that municipality under article 223 of the said Code.

However, a municipality may enter into an agreement with another municipality or another prosecutor referred to in paragraph 1 or 2 of article 9 of the Code of Penal Procedure with respect to the ownership of the fines and costs belonging to it under the first and second paragraphs.

Only the council of the municipality to which the fine and costs belong is entitled to remit them in whole or in part. They are remitted by resolution adopted by the affirmative vote of a majority of the council members, on an application presented to the council by the person required to pay the fine and, where such is the case, the costs. The council may, however, in its internal by-law, delegate to the executive committee of the municipality the responsibility of effecting a remittance of the fine and costs.

1989, c. 52, s. 84; 1990, c. 4, s. 980; 1992, c. 61, s. 654; 2002, c. 21, s. 29; 2003, c. 5, s. 26.

CHAPTER VI FINANCING, ADMINISTRATION AND CONTROL

DIVISION I FINANCING AND ADMINISTRATION

85. The cost of establishing and maintaining a local municipal court and its office, together with the remuneration, conditions of employment and social benefits of the judge and personnel of the court, shall be assumed by the municipality establishing it.

1989, c. 52, s. 85.

86. The cost of establishing and maintaining a common municipal court and its office, together with the remuneration, conditions of employment and social benefits of the judge and personnel of the court, shall be assumed by all the municipalities which are parties to the agreement to establish the court.

1989, c. 52, s. 86.

86.0.1. Notwithstanding sections 85 and 86, the costs of reimbursing the judge responsible for professional development activities intended for municipal court judges for expenses incidental to the judge’s functions shall be assumed by the Government.

2002, c. 32, s. 2.

86.1. (Repealed).

1998, c. 30, s. 21; 2002, c. 21, s. 30.

87. Subject to section 88, the municipality in whose territory the municipal court sits shall be responsible for administering the court; in particular, it shall see to the proper maintenance of the property furnished for the holding of sittings of the court and for its office, and ensure accessibility thereto, as the administration of justice requires.

1989, c. 52, s. 87.

88. The municipality in whose territory the chief-place of a common municipal court is located shall be responsible for the administration of the chief-place. In the case of a delegation of powers in favour of a regional county municipality, that municipality shall be responsible for the administration of the chief-place.

1989, c. 52, s. 88.

DIVISION II CONTROL

89. Any person, including the judge, may file a complaint with the Minister of Justice on the financing or administration of a court; the complaint shall be made in writing and give reasons.

On receipt of the complaint, the Minister shall notify the chief judge and the Minister of Municipal Affairs, Sports and Recreation.

1989, c. 52, s. 89; 1998, c. 30, s. 22; 1999, c. 43, s. 13; 2003, c. 19, s. 250.

90. The Minister of Justice may notify a municipality against which a complaint has been filed to remedy the situation complained of within such reasonable time as he shall determine after consulting with the municipality.

Where the municipality remedies the situation within the fixed time, it shall submit a report thereon to the Minister, who shall transmit a copy to the prosecutor and the chief judge.

1989, c. 52, s. 90; 1998, c. 30, s. 23.

91. Where the municipality fails to remedy the situation within the allotted time or where the complaint filed so justifies, the Minister of Justice shall notify the chief judge and the Minister of Municipal Affairs, Sports and Recreation and request that the Conseil de la magistrature established under the Courts of Justice Act (chapter T-16) make an inquiry.

1989, c. 52, s. 91; 1998, c. 30, s. 24; 1999, c. 43, s. 13; 2003, c. 19, s. 250.

92. Complaints shall be made in writing to the secretary of the council and set forth the alleged default and the other relevant circumstances.

1989, c. 52, s. 92.

93. The council shall examine the complaint; it may, for that purpose, require any information it deems necessary from any person.

1989, c. 52, s. 93.

94. The council may designate one of its members to conduct the inquiry into the complaint, and sections 271 to 274, 277 and 278 of the Courts of Justice Act (chapter T-16) apply, adapted as required, to the inquiry.

1989, c. 52, s. 94.

95. Where, during the inquiry, the Conseil de la magistrature believes that the alleged default of the municipality is the cause of serious prejudice to the administration of justice, it shall notify the Minister of Justice and the chief judge.

1989, c. 52, s. 95; 1998, c. 30, s. 25.

96. The Government may, in the case contemplated in section 95, order the jurisdiction of the court suspended throughout the territory served by the court or, as the case may be, solely in the territory of the municipality in default. The Minister of Justice shall give notice of the suspension to the chief judge.

1989, c. 52, s. 96; 1998, c. 30, s. 26.

97. After holding its inquiry, the council shall make a report to the Minister of Justice and recommend to him, where such is the case, any measures it thinks necessary for the proper administration of justice in the territory of the municipality concerned.

The council may thus recommend an investigation under the Act respecting the Commission municipale (chapter C-35), abolition of the court or, as the case may be, abolition of the jurisdiction of the court over the territory of the municipality in default.

1989, c. 52, s. 97.

98. On the recommendation of the Minister of Justice who shall consult the Minister of Municipal Affairs, Sports and Recreation, the Government may

(1)  request an investigation under the Act respecting the Commission municipale (chapter C-35) and, if it deems it advisable, place the municipality under the control of the Commission municipale du Québec from the date fixed by the Government;

(2)  abolish the court or, as the case may be, abolish the jurisdiction of the court over the territory of the municipality in default.

1989, c. 52, s. 98; 1999, c. 43, s. 13; 2002, c. 21, s. 31; 2003, c. 19, s. 250.

CHAPTER VII SUSPENSION AND ABOLITION OF A COURT

DIVISION I SUSPENSION

99. Prior to the suspension contemplated in section 96, the Minister of Justice shall give notice of his intention to recommend that the Government proceed to suspend the jurisdiction of the court over the territory served by the court or, as the case may be, solely over the territory of the municipality in default, at the expiry of the period it fixes, which period shall not be less than one month.

The notice shall be published in the Gazette officielle du Québec and a copy shall be transmitted to the municipality, clerk of the court and judge concerned and to the chief judge.

1989, c. 52, s. 99; 1998, c. 30, s. 27.

100. On receipt of the notice by the clerk of the court, section 30 ceases to have effect and the clerk of the court shall refuse, in respect of the territory mentioned in the notice, to file and enter all proceedings relating to suits not yet entered in his register.

1989, c. 52, s. 100.

101. At the expiry of the period fixed in the notice, the Government shall proceed with the suspension indicated in the notice, which suspension shall take effect on the fifteenth day following the date of publication of the order in the Gazette officielle du Québec.

1989, c. 52, s. 101.

102. The judge of the court shall continue to have jurisdiction to hear cases entered on one of the rolls of the court before the order suspending the jurisdiction of the court took effect; he shall sit, for that purpose, at the place indicated in the order.

1989, c. 52, s. 102; 1993, c. 62, s. 7.

103. In the month following the date of taking effect of the order, the clerk of the court must transfer to the offices of the courts of competent jurisdiction all the records relating to the cases pending in the territory mentioned in the order which have not been entered on one of the rolls of the court before the order took effect.

In addition, he shall notify the parties of this transfer.

1989, c. 52, s. 103; 1993, c. 62, s. 8.

104. The Government may, on the recommendation of the Minister of Justice, lift the suspension of the jurisdiction of the court, where it decides not to abolish the court or, as the case may be, the jurisdiction thereof. The order shall take effect on the fifteenth day following the date of its publication in the Gazette officielle du Québec. The Minister of Justice shall give notice of the lifting of the suspension to the chief judge.

From the date of taking effect of the order, the court shall exercise its jurisdiction as if it had never been suspended, except in respect of cases that have been transferred under section 103; the court having been seized of such a case has jurisdiction to continue and decide it notwithstanding section 30.

1989, c. 52, s. 104; 1998, c. 30, s. 28.

DIVISION II VOLUNTARY ABOLITION

105. The council of a municipality may pass a by-law for the abolition of the court having jurisdiction over the territory of that municipality.

1989, c. 52, s. 105.

106. A common municipal court may be abolished where the council of each of the municipalities which is a party to the agreement to establish the court and the council of each of the municipalities which subsequently became parties thereto adopt a by-law for the abolition of the court.

1989, c. 52, s. 106.

107. The council of a municipality which is a party to an agreement to establish a common municipal court or which became a party thereto may pass a by-law for the withdrawal of its territory from the jurisdiction of the court.

1989, c. 52, s. 107.

108. A by-law passed under this division shall be submitted to the Government for approval.

A by-law passed by the council of a local municipality must receive the affirmative vote of the majority of the members of the council.

1989, c. 52, s. 108; 1996, c. 2, s. 616; 1998, c. 31, s. 83.

109. A certified copy of the by-law shall be transmitted to the Minister of Justice; the municipality shall notify the Minister of Municipal Affairs, Sports and Recreation.

A certified copy of the by-law shall also, where applicable, be transmitted by the municipality to each municipality which is a party to the agreement.

1989, c. 52, s. 109; 1999, c. 43, s. 13; 2003, c. 19, s. 250.

110. The Minister of Justice may require from the council of the municipality all the documents and information that he deems necessary to decide upon the advisability of the by-law. The officers or employees of the municipality are bound to furnish them to him.

1989, c. 52, s. 110.

111. On the recommendation of the Minister of Justice who shall consult the Minister of Municipal Affairs, Sports and Recreation, the Government may approve a by-law when the municipality submitting it shows to its satisfaction

(1)  that abolition of the municipal court is not against the interests of justice;

(2)  that the conditions of withdrawal set forth in the agreement establishing the court are respected;

(3)  that, following the abolition of the court, the provisions of the agreement that relate to the apportionment of the assets and liabilities resulting from the application of the agreement will be complied with;

(4)  that, following the withdrawal, the territory of a regional county municipality which, where such is the case, is a party to the agreement to establish the court will not be the only territory which remains under the jurisdiction of the court, except a municipality contemplated in the second paragraph of section 10.

The by-law comes into force on the fifteenth day following the date of publication of the order of approval in the Gazette officielle du Québec or on any later date indicated in the order.

1989, c. 52, s. 111; 1993, c. 62, s. 9; 1998, c. 30, s. 29; 1999, c. 43, s. 13; 2002, c. 21, s. 32; 2003, c. 19, s. 250.

DIVISION III FORCED ABOLITION

112. Prior to the abolition contemplated in paragraph 2 of section 98, the Minister of Justice shall give notice of his intention to recommend that the Government proceed to abolish the court or, as the case may be, the jurisdiction of the court over the territory of the municipality in default, at the expiry of the period it fixes, which period shall not be less than one month.

The notice shall be published in the Gazette officielle du Québec and a copy shall be transmitted to the municipality, clerk of the court and judge concerned and to the chief judge.

1989, c. 52, s. 112; 1998, c. 30, s. 30.

113. On receipt of the notice by the clerk of the court, section 30 ceases to have effect and the clerk of the court shall refuse, in respect of the territory mentioned in the notice, to file and enter all proceedings relating to suits not yet entered in his register.

1989, c. 52, s. 113.

114. At the expiry of the period fixed in the notice, the Government shall proceed with the abolition indicated in the notice, which abolition shall take effect on the fifteenth day following the date of publication of the order in the Gazette officielle du Québec or on a subsequent date indicated therein. The Minister of Justice shall give notice of the abolition to the chief judge.

1989, c. 52, s. 114; 1998, c. 30, s. 31.

115. The apportionment of assets and liabilities resulting from the application of the agreement where the court is abolished and provided for in the agreement establishing the court shall apply in the event of forced abolition of the court. The conditions of withdrawal shall apply in the event of forced abolition of the jurisdiction of the court over the territory of a municipality.

1989, c. 52, s. 115; 1998, c. 30, s. 32.

116. (Repealed).

1989, c. 52, s. 116; 1993, c. 62, s. 10.

117. (Repealed).

1989, c. 52, s. 117; 1993, c. 62, s. 10.

DIVISION IV EFFECTS OF ABOLITION

1993, c. 62, s. 11.

117.1. Notwithstanding, where applicable, section 39, the judge of the court retains his jurisdiction to hear and dispose of cases entered on one of the rolls of the court before the date on which the abolition of the municipal court or the withdrawal of the territory of a municipality from the jurisdiction of a municipal court became effective; he shall sit for that purpose at the place indicated in the order.

1993, c. 62, s. 11.

117.2. In the month following the date on which the order for abolition or withdrawal becomes effective the clerk of the court is required to transfer all the records relating to the cases pending in the territory served by the court or, as the case may be, in the territory withdrawn from the jurisdiction of the court which had not been entered on one of the rolls of the court before the date on which the abolition or withdrawal became effective, to the offices of the courts of competent jurisdiction.

However, where a municipal court is established following the abolition of a municipal court or the withdrawal of the territory of a municipality from the jurisdiction of a municipal court, the clerk is required to transfer to the office of the municipal court so established, in the month following the date on which the order to establish the municipal court became effective, the records relating to the cases pending in the territory served by the abolished court or in the territory withdrawn from the jurisdiction of the court which had not been entered on one of the rolls of the court before the abolition or withdrawal became effective.

Where, following the abolition of its municipal court or the withdrawal of its territory from the jurisdiction of a municipal court, a municipality becomes a party to an agreement relating to an existing municipal court, the provisions of the second paragraph, adapted as required, apply.

The clerk shall notify the parties thereof.

1993, c. 62, s. 11; 1998, c. 30, s. 33.

117.3. Execution of the judgments rendered in accordance with the Code of Penal Procedure (chapter C-25.1) by the judge of the municipal court before the date on which the abolition of the municipal court or the withdrawal of the territory of a municipality from the jurisdiction of a municipal court became effective, is effected or, as the case may be, continued

(1)  from the date on which the order for abolition becomes effective, by the collector designated for the judicial district in which the territory of the municipality is comprised, where the municipal court is abolished;

(2)  from the date on which the order for withdrawal becomes effective, by the collector designated for the judicial district in which the territory of the municipality is comprised or by the collector designated for the competent municipal court before the date on which the order for withdrawal became effective, where the territory of a municipality is withdrawn from the jurisdiction of the court;

(3)  from the date on which the order establishing a municipal court or the order pertaining to a municipality becoming a party to an agreement relating to an existing municipal court becomes effective, by the collector designated for that court.

The powers conferred on a judge under Chapter XIII of the said Code for the execution of the judgments shall be, from the date on which the order becomes effective, exercised, as the case may be, by a judge having competent jurisdiction.

1993, c. 62, s. 11; 1996, c. 2, s. 617; 1998, c. 30, s. 34.

117.4. The forced execution of the judgments rendered in accordance with the provisions of the Code of Civil Procedure (chapter C-25) by the judge of the municipal court prior to the date on which the order for abolition or withdrawal becomes effective, is effected or, as the case may be, continued,

(1)  from the date on which the order for abolition becomes effective, before the court having jurisdiction in the judicial district in which the territory of the municipality is comprised, where the municipal court is abolished;

(2)  from the date on which the order for withdrawal becomes effective, either before the court having jurisdiction in the judicial district in which the territory of the municipality is comprised or before the municipal court having jurisdiction prior to the date on which the order for withdrawal became effective, where the territory of a municipality is withdrawn from the jurisdiction of the court;

(3)  from the date on which the order establishing a municipal court or the order pertaining to a municipality becoming a party to an agreement relating to an existing municipal court becomes effective, before that court.

1993, c. 62, s. 11; 1996, c. 2, s. 618; 1998, c. 30, s. 35.

117.5. During the period required for the implementation of the provisions of this division,

(1)  any regulations concerning costs that the Government may make under section 77 or under the Code of Penal Procedure (chapter C-25.1) shall continue, where applicable, to apply, notwithstanding the abolition of a municipal court or the withdrawal of the territory of a municipality from the jurisdiction of a municipal court;

(2)  the clerk and, as the case may be, the replacement clerk shall continue to carry out the duties assigned to them by this Act, notwithstanding the abolition of a court, where that is the case;

(3)  the municipalities shall continue to pay the cost incurred for maintaining the court and its office and for the remuneration, conditions of employment and fringe benefits of the judge and the necessary court staff.

1993, c. 62, s. 11.

CHAPTER VIII REGULATIONS OF THE GOVERNMENT

118. The Government may, by regulation

(1)  determine the manner in which a person may apply for the office of judge;

(2)  authorize the Minister of Justice to form a selection committee to evaluate the aptitude of candidates for the office of judge and to provide him with an opinion concerning the candidates;

(3)  fix the composition and mode of appointment of committee members;

(4)  determine the selection criteria to be taken into account by the committee;

(5)  determine the information which the committee may require of a candidate and the consultations which the committee may make;

(6)  determine the functions which are incompatible with the functions of clerk or deputy clerk of the court;

(7)  determine the standards applicable to the premises and movable property to be furnished by a municipality for the holding of sittings of the court, for the use of the judge, for use as an interview room, for the establishment and maintenance of the court office as well as for the holding and preservation of the court records;

(8)  fix the tariff of costs for all cases under the jurisdiction of the court but not governed by the Code of Penal Procedure (chapter C-25.1).

1989, c. 52, s. 118; 1990, c. 4, s. 981.

CHAPTER IX AMENDING PROVISIONS

BUILDING ACT

119. (Amendment integrated into c. B-1.1, s. 203).

1989, c. 52, s. 119.

CITIES AND TOWNS ACT

120. (Amendment integrated into c. C-19, s. 509).

1989, c. 52, s. 120.

121. (Amendment integrated into c. C-19, s. 510).

1989, c. 52, s. 121.

122. (Omitted).

1989, c. 52, s. 122.

CODE OF CIVIL PROCEDURE

123. (Amendment integrated into c. C-25, s. 37).

1989, c. 52, s. 123.

124. (Amendment integrated into c. C-25, s. 47).

1989, c. 52, s. 124.

MUNICIPAL CODE OF QUÉBEC

125. (Amendment integrated into c. C-27.1, s. 1019).

1989, c. 52, s. 125.

126. (Amendment integrated into c. C-27.1, s. 1020).

1989, c. 52, s. 126.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE L’OUTAOUAIS

127. (Inoperative, 1990, c. 4, s. 279).

1989, c. 52, s. 127.

128. (Amendment integrated into c. C-37.1, s. 235 — French).

1989, c. 52, s. 128.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL

129. (Amendment integrated into c. C-37.2, s. 204).

1989, c. 52, s. 129.

130. (Amendment integrated into c. C-37.2, s. 306.51 — French).

1989, c. 52, s. 130.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE QUÉBEC

131. (Inoperative, 1990, c. 4, s. 298).

1989, c. 52, s. 131.

132. (Amendment integrated into c. C-37.3, s. 221 — French).

1989, c. 52, s. 132.

JURORS ACT

133. (Amendment integrated into c. J-2, s. 4).

1989, c. 52, s. 133.

ACT RESPECTING THE PAYMENT OF CERTAIN FINES

134. (Amendment integrated into c. P-2, s. 4).

1989, c. 52, s. 134.

ACT RESPECTING THE PROTECTION OF NON-SMOKERS IN CERTAIN PUBLIC PLACES

135. (Amendment integrated into c. P-38.01, s. 35).

1989, c. 52, s. 135.

ACT RESPECTING TRANSPORTATION BY TAXI

136. (Amendment integrated into c. T-11.1, s. 81 — French).

1989, c. 52, s. 136.

COURTS OF JUSTICE ACT

137. (Repealed).

1989, c. 52, s. 137; 1992, c. 61, s. 655.

138. (Amendment integrated into c. T-16, s. 262).

1989, c. 52, s. 138.

139. (Omitted).

1989, c. 52, s. 139.

140. (Omitted).

1989, c. 52, s. 140.

141. (Omitted).

1989, c. 52, s. 141.

142. (Repealed).

1989, c. 52, s. 142; 1990, c. 4, s. 982.

143. (Omitted).

1989, c. 52, s. 143.

144. (Omitted).

1989, c. 52, s. 144.

145. (Omitted).

1989, c. 52, s. 145.

146. (Omitted).

1989, c. 52, s. 146.

147. (Omitted).

1989, c. 52, s. 147.

148. (Omitted).

1989, c. 52, s. 148.

149. (Repealed).

1989, c. 52, s. 149; 1990, c. 4, s. 982.

150. (Omitted).

1989, c. 52, s. 150.

151. (Omitted).

1989, c. 52, s. 151.

152. (Omitted).

1989, c. 52, s. 152.

153. (Omitted).

1989, c. 52, s. 153.

154. (Omitted).

1989, c. 52, s. 154.

155. (Omitted).

1989, c. 52, s. 155.

156. (Omitted).

1989, c. 52, s. 156.

157. (Omitted).

1989, c. 52, s. 157.

158. (Omitted).

1989, c. 52, s. 158.

159. (Omitted).

1989, c. 52, s. 159.

160. (Omitted).

1989, c. 52, s. 160.

161. (Omitted).

1989, c. 52, s. 161.

162. (Omitted).

1989, c. 52, s. 162.

163. (Omitted).

1989, c. 52, s. 163.

164. (Omitted).

1989, c. 52, s. 164.

165. (Omitted).

1989, c. 52, s. 165.

166. (Omitted).

1989, c. 52, s. 166.

167. (Omitted).

1989, c. 52, s. 167.

168. (Omitted).

1989, c. 52, s. 168.

169. (Omitted).

1989, c. 52, s. 169.

170. (Omitted).

1989, c. 52, s. 170.

171. (Omitted).

1989, c. 52, s. 171.

172. (Omitted).

1989, c. 52, s. 172.

173. (Omitted).

1989, c. 52, s. 173.

174. (Omitted).

1989, c. 52, s. 174.

175. (Omitted).

1989, c. 52, s. 175.

176. (Omitted).

1989, c. 52, s. 176.

177. (Omitted).

1989, c. 52, s. 177.

178. (Omitted).

1989, c. 52, s. 178.

179. (Omitted).

1989, c. 52, s. 179.

180. (Omitted).

1989, c. 52, s. 180.

181. (Omitted).

1989, c. 52, s. 181.

182. (Omitted).

1989, c. 52, s. 182.

183. (Omitted).

1989, c. 52, s. 183.

184. (Omitted).

1989, c. 52, s. 184.

185. (Omitted).

1989, c. 52, s. 185.

186. (Omitted).

1989, c. 52, s. 186.

187. (Omitted).

1989, c. 52, s. 187.

188. (Omitted).

1989, c. 52, s. 188.

189. (Omitted).

1989, c. 52, s. 189.

190. (Omitted).

1989, c. 52, s. 190.

191. (Omitted).

1989, c. 52, s. 191.

192. (Omitted).

1989, c. 52, s. 192.

193. (Omitted).

1989, c. 52, s. 193.

194. (Omitted).

1989, c. 52, s. 194.

195. (Omitted).

1989, c. 52, s. 195.

196. (Omitted).

1989, c. 52, s. 196.

197. (Omitted).

1989, c. 52, s. 197.

198. (Omitted).

1989, c. 52, s. 198.

199. (Omitted).

1989, c. 52, s. 199.

200. (Omitted).

1989, c. 52, s. 200.

201. (Omitted).

1989, c. 52, s. 201.

202. (Omitted).

1989, c. 52, s. 202.

203. (Omitted).

1989, c. 52, s. 203.

204. (Omitted).

1989, c. 52, s. 204.

CHAPTER X TRANSITIONAL AND FINAL PROVISIONS

205. The municipal courts mentioned in Schedule I are deemed to have been established under this Act.

Every municipal court shall retain the territorial jurisdiction it had on 31 March 1991.

1989, c. 52, s. 205.

206. (Repealed).

1989, c. 52, s. 206; 1993, c. 62, s. 12.

207. Where a court mentioned in Schedule I has jurisdiction over the territory of another municipality on 31 March 1991 while the municipalities in question do not meet the requirements prescribed in section 6, the court shall retain its jurisdiction over that territory.

The first paragraph also applies to courts governed by the charters governing the cities of Laval, Montréal and Québec.

1989, c. 52, s. 207.

208. For the purposes of this Act, where a court mentioned in Schedule I has jurisdiction over the territory of another municipality on 31 March 1991, the municipalities contemplated are deemed to have entered into an agreement to establish a common municipal court duly approved.

1989, c. 52, s. 208; 1993, c. 62, s. 13.

209. The judges appointed to a municipal court and who are sitting on the court on 31 March 1991 are deemed to have been appointed under this Act.

They are also deemed to have made the oath in accordance with section 36.

1989, c. 52, s. 209; 1999, c. 40, s. 93.

210. The clerks appointed to a municipal court and who are in office at the court on 31 March 1991 are ex officio clerks of that court.

1989, c. 52, s. 210.

211. Cases pending before a municipal court shall be continued before that court. Their order on the roll, if any, shall not be affected, and any case the hearing of which has begun shall be continued by the judge having cognizance of it.

1989, c. 52, s. 211.

212. The tariff of costs applicable to cases pending before a municipal court and in force on 1 April 1991 shall remain applicable until the date of coming into force of the first regulation made under section 77 respecting the tariff of costs.

1989, c. 52, s. 212.

213. Section 55, the second paragraph of section 71 and the second paragraph of section 72 take effect in respect of municipal courts only on the day that is one year after the date of coming into force of each of those provisions, respectively.

1989, c. 52, s. 213.

214. The provisions of this Act have precedence over any inconsistent provision of any previous legislation to enact or amend the charter of a city or town, other than the charters governing the cities of Laval, Montréal and Québec.

1989, c. 52, s. 214.

215. (Omitted).

1989, c. 52, s. 215.

216. Sections 1 to 3 and 5 of the Act respecting certain aspects of the status of municipal judges (1988, chapter 74) are replaced by sections 25, 32 to 39, 41, 42, 45, 46 and 48 to 51, 79, 85 and 86 of this Act.

1989, c. 52, s. 216.

217. The Minister of Justice is responsible for the administration of this Act.

1989, c. 52, s. 217.

218. (Omitted).

1989, c. 52, s. 218.

SCHEDULE I

LIST OF MUNICIPAL COURTS CONTEMPLATED IN SECTION 205

1. ACTON VALE	67. MARIEVILLE
2. ALMA	68. MIRABEL
3. ANJOU	69. MISTASSINI
4. ASBESTOS	70. MONTMAGNY
5. AYLMER	71. MONT-ROYAL
6. BARKMERE	72. MONT SAINT-HILAIRE
7. BEACONSFIELD	73. MONTRÉAL-EST
8. BEAUHARNOIS	74. MONTRÉAL-NORD
9. BEAUPORT	75. MONTRÉAL-OUEST
10. BEAUPRÉ	76. NICOLET
11. BEDFORD	77. OUTREMONT
12. BELOEIL	78. PIERREFONDS
13. BERTHIERVILLE	79. PINCOURT
14. BLAINVILLE	80. PLESSISVILLE
15. BOISBRIAND	81. POINTE-CLAIRE
16. BOUCHERVILLE	82. REPENTIGNY
17. BROMPTONVILLE	83. RIGAUD
18. BROSSARD	84. RIMOUSKI
19. BUCKINGHAM	85. ROBERVAL
20. CANDIAC	86. ROSEMÈRE
21. CAP-DE-LA-MADELEINE	87. ROXBORO
22. CHAMBLY	88. SAINTE-ADÈLE
23. CHARLESBOURG	89. SAINTE-AGATHE-DES-MONTS
24. CHARNY	90. SAINTE-ANNE-DE-BELLEVUE
25. CHÂTEAU-RICHER	91. SAINT-BRUNO-DE-MONTARVILLE
26. CHÂTEAUGUAY	92. SAINT-CÉSAIRE
27. CHIBOUGAMAU	93. SAINT-CONSTANT
28. CHICOUTIMI	94. SAINT-EUSTACHE
29. COATICOOK	95. SAINT-FÉLICIEN
30. CÔTE-SAINT-LUC	96. SAINTE-FOY
31. COWANSVILLE	97. SAINT-GEORGES
32. DELSON	98. SAINT-HYACINTHE
33. DEUX-MONTAGNES	99. SAINT-JEAN-CHRYSOSTOME
34. DOLBEAU	100. SAINT-JEAN-SUR-RICHELIEU
35. DONNACONA	101. SAINT-JÉRÔME
36. DORION	102. SAINT-LAMBERT
37. DORVAL	103. SAINT-LAURENT
38. DRUMMONDVILLE	104. SAINT-LÉONARD
39. EAST ANGUS	105. SAINT-LUC
40. FARNHAM	106. SAINTE-MARTHE-SUR-LE-LAC
41. GATINEAU	107. SAINT-PIERRE
42. GRANBY	108. SAINT-RAYMOND
43. GRAND-MÈRE	109. SAINT-RÉMI
44. GREENFIELD PARK	110. SAINTE-THÉRÈSE
45. HAMPSTEAD	111. SAINT-TITE
46. HUDSON	112. SALABERRY-DE-VALLEYFIELD
47. HULL	113. SENNEVILLE
48. IBERVILLE	114. SEPT-ÎLES
49. ÎLE PERROT	115. SHAWINIGAN
50. JOLIETTE	116. SHAWINIGAN-SUD
51. JONQUIÈRE	117. SHERBROOKE
52. LA BAIE	118. SILLERY
53. LACHINE	119. SOREL
54. LACHUTE	120. TERREBONNE
55. LAC MÉGANTIC	121. TRACY
56. LA POCATIÈRE	122. TROIS-RIVIÈRES OUEST
57. LA PRAIRIE	123. TROIS-RIVIÈRES
58. LASALLE	124. VAL-BÉLAIR
59. L’ASSOMPTION	125. VAL-D’OR
60. LAUZON (non en vigueur)	126. VANIER
61. LENNOXVILLE (non en vigueur)	127. VERDUN
62. LÉVIS	128. VICTORIAVILLE
63. LONGUEUIL	129. WATERLOO
64. LORETTEVILLE	130. WESTMOUNT
65. LOUISEVILLE	131. WINDSOR (non en vigueur)
66. MAGOG

1989, c. 52, Schedule I.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 52 of the statutes of 1989, in force on 1 September 1991, is repealed, except sections 139, 141, 143, 188 and 218, effective from the coming into force of chapter C-72.01 of the Revised Statutes.