O-9 - Act respecting municipal territorial organization

À jour au 19 décembre 2002

Ce document a valeur officielle.

chapter O-9

Act respecting municipal territorial organization

TITLE I DIVISION OF THE TERRITORY OF QUÉBEC FOR MUNICIPAL PURPOSES

CHAPTER I MUNICIPAL TERRITORIES

1. The territory of Québec, as divided for municipal purposes, comprises the regional territories under the jurisdiction of a regional county municipality, a metropolitan community or the Kativik Regional Government.

It also comprises, at the local level, the territories of the local municipalities, whether or not they are included in the territories of the regional bodies mentioned in the first paragraph.

1988, c. 19, s. 1; 1988, c. 55, s. 10; 1990, c. 85, s. 122; 1993, c. 65, s. 1; 2000, c. 56, s. 218.

2. The municipalities of Québec include regional county municipalities and local municipalities.

1988, c. 19, s. 2.

3. A municipality that is not a regional county municipality is a local municipality.

1988, c. 19, s. 3.

4. (Repealed).

1988, c. 19, s. 4; 1990, c. 85, s. 122; 1993, c. 65, s. 2.

5. (Repealed).

1988, c. 19, s. 5; 1993, c. 65, s. 2.

6. (Repealed).

1988, c. 19, s. 6; 1990, c. 85, s. 122; 1993, c. 65, s. 2.

CHAPTER II UNORGANIZED TERRITORIES

7. Any part of the territory of Québec not forming part of the territory of a local municipality is an unorganized territory.

1988, c. 19, s. 7.

8. A regional county municipality whose territory includes an unorganized territory is presumed, with regard to such territory, to be a local municipality governed by the Municipal Code of Québec (chapter C-27.1), unless the context indicates otherwise.

1988, c. 19, s. 8; 1996, c. 2, s. 749; 1999, c. 40, s. 202.

9. The regional county municipality may adopt by-laws, resolutions or other acts which may vary in respect of such parts of the unorganized territory as it may determine.

The regional county municipality may also adopt by-laws, resolutions or other acts in respect of only one part of the unorganized territory.

1988, c. 19, s. 9.

10. The council of the regional county municipality may establish a local committee of elected members for the unorganized territory or any part thereof. Where that is the case, the council shall determine the number of members, their terms of office, the rules governing their election and the rules governing the functioning of the committee.

Every natural person who would be qualified to vote at a referendum if the date of reference, within the meaning of the Act respecting elections and referendums in municipalities (chapter E-2.2), were that of the poll is eligible to the office of member of the local committee, and he is entitled to vote at the election of its members.

1988, c. 19, s. 10.

11. The council of the regional county municipality may confer on the local committee the power to conduct studies and make recommendations.

1988, c. 19, s. 11.

11.1. The Kativik Regional Government, when acting in accordance with section 244 of the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1), is presumed to be a local municipality governed by the said Act with respect to all unorganized territory forming part of its territory, unless the context indicates otherwise.

1993, c. 65, s. 3; 1999, c. 40, s. 202.

TITLE II LOCAL MUNICIPALITIES

CHAPTER I SCOPE

12. This Title applies to the whole territory of Québec with the exception of the territory of a Northern, Cree or Naskapi village.

1988, c. 19, s. 12; 1996, c. 2, s. 750.

CHAPTER II JURIDICAL PERSONALITY, NAME, POPULATION AND TERRITORIAL JURISDICTION

DIVISION I JURIDICAL PERSONALITY

13. A local municipality is a legal person of public right consisting of the inhabitants and ratepayers of the territory under its jurisdiction.

1988, c. 19, s. 13.

DIVISION II NAME

14. The name of a local municipality shall include the word “Municipalité” and a place-name.

However, the word “Ville” or “Village” may be used instead of the word “Municipalité” in the name of a local municipality.

1988, c. 19, s. 14; 1993, c. 65, s. 4.

15. The name of a new local municipality shall be assigned by the Government by way of an order.

The Government may assign to a new local municipality a name that has not been approved by the Commission de toponymie. The place-name included in the name of the municipality must be officialized as the name of the locality which comprises the territory under the jurisdiction of the municipality in accordance with the Charter of the French language (chapter C-11) as if it had been approved by the Commission.

1988, c. 19, s. 15.

16. The Minister of Municipal Affairs and Greater Montréal may, on an application therefor, change the name of a local municipality.

1988, c. 19, s. 16; 1999, c. 43, s. 13.

17. As soon as possible after the passage of the resolution authorizing the presentation of an application for a change of name, the clerk or secretary-treasurer of the municipality shall transmit a certified copy of the resolution to the Commission de toponymie to enable it to decide in favour or against the proposed name.

Not later than 60 days after receiving copy of the resolution, the Commission must transmit its opinion in writing to the clerk or secretary-treasurer of the municipality, failing which the approval of the Commission is presumed.

Where applicable, the clerk or secretary-treasurer shall draw up a certificate attesting the failure of the Commission to transmit its opinion.

1988, c. 19, s. 17.

18. The clerk or secretary-treasurer of the municipality shall transmit a certified copy of the resolution authorizing the presentation of the application for a change of name to the Minister of Municipal Affairs and Greater Montréal together with the opinion of the Commission de toponymie or the certificate of the clerk or secretary-treasurer attesting the failure of the Commission to transmit its opinion.

1988, c. 19, s. 18; 1999, c. 43, s. 13.

19. The clerk or secretary-treasurer of the municipality shall publish, in a newspaper circulated in the municipality, a notice containing

(1)  the proposed change of name submitted to the Minister;

(2)  a statement to the effect that any person may submit his objection to the application for a change of name to the Minister in writing, within 30 days of publication of the notice;

(3)  the address of the place where objections must be sent.

He shall transmit a certified copy of the notice to the Minister as soon as possible after its publication, with proof of the date of publication.

1988, c. 19, s. 19.

20. Not later than 30 days after publication of the notice, any person may submit his objection to the application for a change of name to the Minister in writing.

1988, c. 19, s. 20.

21. The Minister shall notify the municipality in writing of every objection received within the prescribed time.

1988, c. 19, s. 21.

22. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the application for a change of name.

1988, c. 19, s. 22.

23. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the council of the municipality and to the Commission de toponymie.

1988, c. 19, s. 23.

24. The Minister may order the consultation of the qualified voters of the municipality. The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2). Expenses incurred for or by reason of the consultation shall be borne by the municipality.

The referendum poll shall be held on the date fixed by the Minister.

The statement of the final results of the poll must be transmitted to the Minister as soon as possible.

1988, c. 19, s. 24.

25. The Minister may approve the application for a change of name even if the name has not been approved by the Commission de toponymie.

The place-name included in the name of the municipality must be officialized as the name of the locality comprising the territory under the jurisdiction of the municipality in accordance with the Charter of the French language (chapter C-11), as if it had been approved by the Commission.

1988, c. 19, s. 25.

26. The Minister may, on the recommendation of the Commission de toponymie, correct, by order, the spelling of the name of a local municipality.

Not later than 30 days before the date of publication of the notice provided for in section 27, the Minister shall notify in writing the municipality of his intention to correct the spelling of its name.

1988, c. 19, s. 26; 1993, c. 65, s. 5.

27. The Minister shall publish a notice of the change of name or correction of its spelling in the Gazette officielle du Québec.

The change of name or correction of its spelling shall come into force on the date of publication of the notice or on any later date indicated therein.

1988, c. 19, s. 27.

28. As soon as possible after the coming into force of the decision, the clerk or secretary-treasurer shall give public notice of the change of name or of the correction of its spelling.

1988, c. 19, s. 28.

DIVISION III POPULATION

29. The population of a local municipality is the number of inhabitants of the territory under its jurisdiction determined in an order of the Government based on the estimate of the Institut de la statistique du Québec.

The population of a borough is the number of inhabitants of the borough determined in an order of the Government based on the estimate of the Institut de la statistique du Québec.

The order comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1988, c. 19, s. 29; 1993, c. 65, s. 6; 1998, c. 44, s. 50; 2001, c. 25, s. 137.

30. The population of a newly constituted local municipality and, where applicable, of the remainder of the unorganized territory affected by the constitution shall be ascertained by the Minister of Municipal Affairs and Greater Montréal. The Minister shall inform the local municipality and, where applicable, the regional county municipality or the Kativik Regional Government of the population he has ascertained.

In the case of amalgamation or total annexation, the population of the municipality resulting from the amalgamation or of the annexing municipality is the combined population of the local municipalities affected by the amalgamation or annexation.

In the case of the annexation of part of the territory of a municipality or the annexation of an unorganized territory, the population of each local municipality or of the remainder of the unorganized territory affected by the annexation shall be ascertained by the Minister of Municipal Affairs and Greater Montréal. The Minister shall inform each local municipality and, where applicable, the regional county municipality or the Kativik Regional Government of the population he has ascertained.

In the case of a rectification of boundaries or where a municipality ceases to administer a territory not subject to its jurisdiction, the population of each local municipality or of the remainder of the unorganized territory affected by the rectification or by the termination of administration shall be ascertained by the Minister of Municipal Affairs and Greater Montréal. The Minister shall inform each local municipality and, where applicable, the regional county municipality of the Kativik Regional Government of the population he has ascertained.

In the case of a reduction of territory situated in water or of an extension in water of territory, the population of each local municipality or unorganized territory affected by the reduction or extension shall be ascertained by the Minister of Municipal Affairs and Greater Montréal. The Minister shall inform each local municipality and, where applicable, the regional county municipality or the Kativik Regional Government of the population he has ascertained.

The Minister shall publish in the Gazette officielle du Québec a notice indicating the population ascertained in accordance with this section.

The population ascertained under this section remains valid until it is replaced by the population determined in an order made under section 29 which takes into consideration the constitution, amalgamation, annexation, rectification of boundaries, termination of administration, reduction or extension.

The third, fourth, fifth, sixth and seventh paragraphs apply, with the necessary modifications, for the purpose of ascertaining the population of a borough affected by a territorial change referred to in any of those paragraphs.

1988, c. 19, s. 30; 1993, c. 65, s. 7; 1999, c. 43, s. 13; 2001, c. 25, s. 138.

DIVISION IV TERRITORIAL JURISDICTION

31. Subject to any contrary legislative provision, a local municipality has jurisdiction over its territory.

1988, c. 19, s. 31.

CHAPTER III CONSTITUTION

DIVISION I SCOPE

32. For the purposes of this chapter, except in the case described in section 79, the Kativik Regional Government shall be regarded as a regional county municipality, and its secretary shall be regarded as a secretary-treasurer.

1988, c. 19, s. 32; 1993, c. 65, s. 8.

33. For the purposes of this chapter, an interested person is a person who would be a qualified voter entitled to be entered on the referendum list of the territory contemplated by an application for the constitution of a local municipality under section 38 if the date of reference, within the meaning of the Act respecting elections and referendums in municipalities (chapter E-2.2), were the date of receipt of a copy of the application by the secretary-treasurer of the regional county municipality.

1988, c. 19, s. 33.

34. The provisions of the Act respecting elections and referendums in municipalities (chapter E-2.2) which pertain to the manner in which legal persons are to exercise their rights and to the method of counting the qualified voters who are entitled to be entered on the referendum list and the applications for a referendum poll apply, adapted as required, to an application for the constitution of a local municipality.

1988, c. 19, s. 34.

35. The power of attorney designating which of the co-owners by undivided ownership of an immovable or of the co-occupants of a business establishment is entitled to be entered on the referendum list of the territory as the owner of the immovable or the occupant of the business establishment or the resolution designating the representative of the legal person entitled to be entered on the referendum list of the territory must be transmitted at the same time as the copy of the application for constitution into a local municipality is sent to the secretary-treasurer of the regional county municipality.

The power of attorney is also valid for the purposes of any election or referendum held in the municipality, until it is replaced.

1988, c. 19, s. 35; 1999, c. 40, s. 202.

DIVISION II CONDITIONS OF CONSTITUTION

36. The Government may, by order, constitute the inhabitants and ratepayers of an unorganized territory into a local municipality.

Except in special circumstances, the Government shall not exercise such power in respect of an unorganized territory having a population of less than 300 inhabitants on the day of receipt by the Minister of Municipal Affairs and Greater Montréal of the application for the constitution of a local municipality.

1988, c. 19, s. 36; 1999, c. 43, s. 13.

37. The Government shall not constitute an unorganized territory into a local municipality if part of the territory is situated within the territory of the Kativik Regional Government.

1988, c. 19, s. 37; 1993, c. 65, s. 9.

DIVISION III APPLICATION

38. A majority of the interested persons of an unorganized territory may apply to the Government in writing to be constituted into a local municipality.

The application must contain

(1)  the name of the municipality;

(2)  the description of the territory of the municipality prepared by a land surveyor;

(3)  an estimate of the population of the municipality;

(4)  a statement to the effect that the municipality will be governed by the Municipal Code of Québec (chapter C-27.1) or by the Cities and Towns Act (chapter C-19);

(5)  the name of the person designated as their representative by the applicants;

(6)  the name of the person who will be the first clerk or secretary-treasurer of the municipality;

(7)  the name of the regional county municipality within the territory of which the unorganized territory affected by the application for constitution is situated or the name of the regional county municipality chosen by the applicants, where the unorganized territory is situated within the territories of more than one regional county municipality.

The application may set out any condition applicable to the constitution.

1988, c. 19, s. 38; 1990, c. 47, s. 1; 1993, c. 65, s. 10; 1997, c. 93, s. 127.

39. Every interested person shall enter his name, address and capacity on the application and affix his signature opposite those entries.

The address of the interested person shall be, according to the capacity entitling him to be entered on the referendum list of the territory, the address of the immovable where he is domiciled, of the immovable of which he is the owner or of the business establishment of which he is the occupant. The address of the immovable shall include the apartment or room number, if any. If the immovable has no number, the cadastral number shall be used.

1988, c. 19, s. 39; 1999, c. 40, s. 202.

DIVISION IV CONSULTATION ON THE APPLICATION

40. The representative of the applicants shall transmit a certified copy of the application to the secretary-treasurer of the regional county municipality in which the territory of the future municipality is situated.

Duplicates of the description of the territory of the municipality and of the plan prepared by a land surveyor must be attached to the copy of the application.

1988, c. 19, s. 40.

41. The representative shall also transmit a certified copy of the application to the Commission de toponymie to enable it to decide in favour or against the proposed name.

Not later than 60 days after receiving copy of the application, the Commission must transmit its opinion in writing to the representative, failing which the approval of the Commission is presumed.

Where applicable, the representative shall draw up a certificate attesting the failure of the Commission to transmit its opinion.

1988, c. 19, s. 41.

42. As soon as possible after receiving copy of the application, the secretary-treasurer of the regional county municipality shall draw up a certificate attesting that the number of persons who have signed the application constitutes a majority of the interested persons.

He shall transmit a certified copy of the certificate to the representative.

Where the territory is situated within that of more than one regional county municipality, a common certificate shall be drawn up.

1988, c. 19, s. 42.

43. The secretary-treasurer of the regional county municipality shall prepare a written estimate of the population of the municipality.

He shall transmit a certified copy of the estimate to the representative.

Where the territory of the municipality is situated within that of more than one regional county municipality, a common estimate shall be prepared.

1988, c. 19, s. 43.

44. Not later than three months after receiving copy of the application, the regional county municipality must transmit its opinion on the application for the constitution of a local municipality.

The secretary-treasurer of the regional county municipality shall transmit a certified copy of the resolution of the council to the representative.

Where applicable, the representative shall draw up a certificate attesting the failure of the regional county municipality to transmit its opinion.

1988, c. 19, s. 44.

45. The representative shall transmit the original of the application to the Minister of Municipal Affairs and Greater Montréal, together with any other document which the Minister may require.

The representative shall supply the Minister with any information which he requires concerning the application.

1988, c. 19, s. 45; 1993, c. 65, s. 11; 1999, c. 43, s. 13.

DIVISION V AMENDMENT PROPOSAL OF THE MINISTER

§ 1 . — Notice of the amendment proposal

46. Where the Minister is of opinion that the application must be amended, he shall transmit to the representative a written notice setting out the amendment he intends to make to the application.

The Minister shall transmit a written notice to the Commission de toponymie where the amendment he intends to make concerns the name of the municipality proposed in the application.

1988, c. 19, s. 46.

47. Not later than 30 days after receiving the notice, the representative shall inform the Minister in writing of his decision on the amendment proposal.

The Minister may, upon a request therefor, grant an extension to the representative.

1988, c. 19, s. 47; 1993, c. 65, s. 12.

§ 2 . — Consultation

48. Sections 49 to 58 do not apply if the representative does not approve the proposal or if the Minister has not received copy of the representative’s decision within the time prescribed in section 47.

1988, c. 19, s. 48.

49. Where so required by the Minister in a notice transmitted to the representative, the interested persons of the territory must approve or reject the amendment proposal.

1988, c. 19, s. 49.

50. Every interested person who wishes to approve the proposal shall enter his name, address and capacity on a document containing the amendment proposal and affix his signature opposite those entries.

The address of the interested person shall be the same as in the second paragraph of section 39.

1988, c. 19, s. 50.

51. The amendment proposal is deemed approved by the interested persons if a majority of them affix their signatures to the document provided for in section 50 and if a copy of the document is transmitted to the Minister not later than 45 days after receipt of the notice provided for in section 49.

1988, c. 19, s. 51.

52. The representative shall transmit a copy of the document bearing the signatures of the interested persons to the secretary-treasurer of the regional county municipality.

As soon as possible after receiving copy of the document, the secretary-treasurer of the regional county municipality shall draw up a certificate attesting that the number of persons who have signed the document constitutes a majority of the interested persons, where that is the case.

Where the territory is situated within that of more than one regional county municipality, a common certificate shall be drawn up.

The representative shall transmit a copy of the document bearing the signatures of the interested persons and, where applicable, a copy of the certificate, to the Minister.

1988, c. 19, s. 52.

53. Sections 54 to 58 do not apply if the number of interested persons who have approved the proposal is not a majority or if the Minister has not received the document within the time prescribed in section 51.

1988, c. 19, s. 53.

54. The representative shall, at the Minister’s request, transmit a copy of the notice provided for in section 46 to the regional county municipality.

1988, c. 19, s. 54.

55. Not later than 60 days after receiving copy of the notice, the regional county municipality may inform the Minister in writing of its opinion on the amendment proposal.

The Minister may, upon a request therefor, grant an extension to the regional county municipality.

1988, c. 19, s. 55.

56. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the amendment proposal.

1988, c. 19, s. 56.

57. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the representative and, where the name of the municipality was the subject of the public hearing, to the Commission de toponymie.

1988, c. 19, s. 57.

58. The Minister may order the consultation of the qualified voters of the territory of the municipality.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister and shall be presided by the person designated by the latter.

The question appearing on the ballot paper shall be as follows: “Do you approve the amendment proposal made by the Minister of Municipal Affairs and Greater Montréal?”.

The statement of the final results of the poll must be transmitted to the Minister as soon as possible.

The Minister shall determine who will pay the expenses incurred for or by reason of the consultation.

1988, c. 19, s. 58; 1999, c. 43, s. 13.

DIVISION VI NEGOTIATION OF AN AGREEMENT

59. The Minister shall, upon a request by the representative or the regional county municipality, appoint a conciliator for the purposes of the apportionment of the assets and liabilities relating to the territory of the municipality. The Minister may grant them a time for the making of such a request; upon a request by the representative or the regional county municipality, the Minister may grant an extension.

The first paragraph does not apply if the application for constitution contains the apportionment and if the application has been approved by the regional county municipality; the first paragraph does not apply as soon as the Minister receives a copy of an apportionment agreement entered into between the representative and the regional county municipality.

1988, c. 19, s. 59; 1993, c. 65, s. 13; 1997, c. 93, s. 128.

60. The Minister shall transmit to the representative and to the regional county municipality a written notice indicating the name of the conciliator and the time granted for reaching an agreement.

1988, c. 19, s. 60; 1997, c. 93, s. 129.

61. The Minister may, at the request of the representative or of the regional county municipality, grant an extension for reaching an agreement.

The conciliator may also request an extension under the first paragraph.

1988, c. 19, s. 61.

62. The conciliator shall transmit to the Minister a copy of the agreement or, if no agreement is reached within the time granted, a report on the situation.

The Minister may, following the report of the conciliator, impose an apportionment of the assets and liabilities. The apportionment shall be deemed to be an agreement.

1988, c. 19, s. 62; 1993, c. 65, s. 14.

63. Where the Minister submits an amendment proposal in respect of the agreement, sections 46 to 58, adapted as required, apply to the agreement.

For the purposes of sections 46, 47 and 48, the regional county municipality shall be regarded as the representative.

1988, c. 19, s. 63.

64. The Minister may approve the negotiated agreement, with or without amendment.

Any amendment under the first paragraph requires prior approval by the representative and the regional county municipality and, where applicable, by the interested persons or the persons qualified to vote in accordance with sections 50, 51 and 58.

1988, c. 19, s. 64.

65. The agreement binds the municipality and the regional county municipality.

1988, c. 19, s. 65.

DIVISION VII GOVERNMENT ORDER AND MINISTERIAL DECISION

1993, c. 65, s. 15.

66. The Minister may recommend that the application be granted by the Government with or without amendment.

Any amendment under the first paragraph must either have received prior approval by the representative and, where applicable, by the interested persons or the persons qualified to vote in accordance with sections 50, 51 and 58, or be necessary in order to take into account the agreement reached.

1988, c. 19, s. 66; 1993, c. 65, s. 16.

67. The constituting order must contain

(1)  the name of the municipality;

(2)  the description of the territory of the municipality, prepared by the Minister of Natural Resources;

(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C-27.1) or by the Cities and Towns Act (chapter C-19);

(4)  the date of the first general election and the calendar year in which the second general election will be held;

(4.1)  the place of the first sitting of the council composed of the persons elected in the first election referred to in subparagraph 4;

(4.2)  the name of the person who is the first clerk or secretary-treasurer of the municipality;

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  the regional county municipality in which the territory of the municipality is situated.

The appointment made under subparagraph 4.2 of the first paragraph has the same effect as an appointment by the council of the municipality.

The order may set out any condition applicable to the constitution.

1988, c. 19, s. 67; 1993, c. 65, s. 17; 1994, c. 13, s. 15; 1997, c. 93, s. 130.

68. The plan referred to in section 40 must be approved by the Minister of Natural Resources before the order is made by the Government.

1988, c. 19, s. 68; 1993, c. 65, s. 18; 1994, c. 13, s. 15.

69. The order comes into force on 1 January following its publication in the Gazette officielle du Québec.

1988, c. 19, s. 69.

70. As soon as possible after the order has been published, the secretary-treasurer of the regional county municipality shall give public notice of the publication in the territory of the municipality in accordance with the law governing the municipality.

He shall transmit free of charge all the documents concerning the formerly unorganized territory to the clerk or secretary-treasurer of the municipality.

1988, c. 19, s. 70.

70.1. The clerk or secretary-treasurer shall fix the date and time of the first sitting of the council.

Not later than the third day preceding the date fixed for the sitting, the clerk or secretary-treasurer shall give public notice, in the territory of the municipality and in accordance with the law governing the municipality, of the date, place and time of the sitting. The notice must also contain a mention of any matter which a member of the council has requested be included for discussion.

If the clerk or secretary-treasurer refuses or is unable to act or if the office of clerk or secretary-treasurer is vacant, the Minister shall, as needed, fix the date and time of the first sitting of the council and appoint a person charged with carrying out the obligations set out in the second paragraph. If the sitting cannot be held in the place determined by the constituting order, the Minister shall fix another place; for the purposes of section 318 of the Cities and Towns Act (chapter C-19), the charter of the municipality is, in such a case, deemed not to designate the place of the first sitting.

1993, c. 65, s. 19; 1997, c. 93, s. 131.

DIVISION VIII AGREEMENT

71. The Minister shall publish in the Gazette officielle du Québec a notice stating that he has approved an agreement with or without amendment, or imposed an apportionment of the assets and liabilities.

1988, c. 19, s. 71.

72. The agreement shall come into force on the date fixed pursuant to section 69.

1988, c. 19, s. 72.

73. (Repealed).

1988, c. 19, s. 73; 1993, c. 3, s. 137; 1993, c. 65, s. 20.

DIVISION IX TRANSITIONAL PROVISIONS

74. The municipality succeeds to the rights and obligations held or assumed by the regional county municipality in respect of the formerly unorganized territory.

The municipality becomes, without continuance of suit, a party to all proceedings in respect of its territory in the place and stead of the regional county municipality.

1988, c. 19, s. 74.

75. All by-laws, resolutions or other acts adopted by the regional county municipality in respect of the territory of the municipality remain in force in the territory of the municipality until the date they cease to have effect as provided, until their objects are attained or until they are replaced or repealed.

They are deemed to be by-laws, resolutions or acts of the municipality.

The first two paragraphs do not apply to loan by-laws.

1988, c. 19, s. 75.

76. Every act performed by the regional county municipality in respect of the territory of the municipality shall retain its effects to the extent that it remains expedient.

Every such act is deemed to be an act of the municipality.

1988, c. 19, s. 76.

77. Any proceeding for the sale of an immovable for non-payment of taxes, or for the repurchase or redemption thereof, commenced before the date of the coming into force of the order, shall be continued by the person who initiated it, in accordance with the legislative provisions applicable to the territory of the municipality on the day preceding that date.

1988, c. 19, s. 77.

78. The Act respecting elections and referendums in municipalities (chapter E-2.2), except sections 2 and 3, applies to the first general election. The polling date is the date fixed in the order; if the date is not the first Sunday in November, sections 341 and 344 of the said Act apply as in the case of a by-election.

For the purpose of determining whether a person is qualified as an elector, a candidate or a qualified voter at an election or a referendum in the territory of the municipality, any period, prior to the constitution, during which the person was resident, continuously or not, in the formerly unorganized territory or was the owner of an immovable or the occupant of a business establishment situated in that territory shall be counted as if the person had been a resident, owner or occupant in the territory of the municipality from the beginning of that period.

1988, c. 19, s. 78; 1999, c. 25, s. 87; 1999, c. 40, s. 202.

79. The regional county municipality shall administer, in accordance with section 8, the affairs of the municipality until a majority of the council members elected at the first election take office.

The first paragraph applies subject to the jurisdiction of the clerk or secretary-treasurer of the municipality.

1988, c. 19, s. 79.

80. If, on the day of the coming into force of the order, the regional county municipality has not adopted its budget or passed any by-law or resolution to impose taxes, or has not prepared any collection roll or sent tax accounts to the ratepayers of the municipality for its first fiscal year, the municipality must do so for that fiscal year.

The period for performance of each of those acts expires 30 days after the expiry of the period for performance of the preceding act; the first period runs from the date on which a majority of the council members elected at the first election take office.

1988, c. 19, s. 80.

81. The provisions of this division apply subject to the agreement and to the conditions applicable to the constitution contained in the order.

1988, c. 19, s. 81; 1993, c. 65, s. 21.

CHAPTER IV AMALGAMATION

DIVISION I SCOPE

82. For the purposes of this chapter, a metropolitan community and the Kativik Regional Government shall be regarded as regional county municipalities and their secretaries shall be regarded as secretary-treasurers.

1988, c. 19, s. 82; 1990, c. 85, s. 122; 2000, c. 56, s. 218.

83. For the purposes of this chapter, an interested person is a person who would be a qualified voter entitled to be entered on the referendum list of the applicant municipality if the date of reference, within the meaning of the Act respecting elections and referendums in municipalities (chapter E-2.2), were the date of adoption, by the applicant municipality having the largest population, or a by-law under section 85 to authorize the filing of an application for amalgamation.

The provisions of the said Act which pertain to the manner in which legal persons are to exercise their rights apply, adapted as required, to an objection filed under section 90 or 102.

1988, c. 19, s. 83.

DIVISION II TERRITORIES THAT MAY BE AMALGAMATED

84. Adjacent local municipalities wishing to amalgamate their territories may apply to the Government to be constituted into a local municipality having jurisdiction over their combined territories by filing a joint application to that effect.

The Government shall not exercise that power where the territory of only one municipality is situated within that of the Kativik Regional Government.

1988, c. 19, s. 84.

DIVISION II.1 JOINT STUDY

1993, c. 65, s. 22.

84.1. Local municipalities may enter into an agreement for the purpose of having a study carried out into the advisability of amalgamating their territories.

1993, c. 65, s. 22; 1996, c. 27, s. 150.

DIVISION III APPLICATION FOR AMALGAMATION

85. The council of each of the municipalities wishing to amalgamate may, by the affirmative vote of the absolute majority of its members, adopt a by-law authorizing the filing of a joint application with the Government.

The by-law cannot be repealed after the publication of the text of an application under section 90.

1988, c. 19, s. 85.

86. The application must contain

(1)  the name of the municipality;

(2)  the description of the territory of the municipality prepared by a land surveyor;

(3)  a statement to the effect that the municipality will be governed by the Municipal Code of Québec (chapter C-27.1) or by the Cities and Towns Act (chapter C-19);

(4)  any special legislative provision applicable in either municipality before the amalgamation which will apply to the municipality;

(5)  the composition of the provisional council which will be empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;

(6)  the date, time and place of the first sitting of the provisional council;

(7)  the name of the person who will be the first clerk or secretary-treasurer of the municipality;

(8)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;

(9)  the date of the first regular election and the calendar year in which the second general election will be held;

(10)  the name of the regional county municipality in which the territories of the applicant municipalities are situated or the name of the regional county municipality chosen by the applicant municipalities, where the territories of those municipalities are situated within the territory of more than one regional county municipality.

The application may set out any condition applicable to the amalgamation.

1988, c. 19, s. 86; 1990, c. 47, s. 3; 1996, c. 2, s. 751; 1997, c. 93, s. 132; 2000, c. 56, s. 170.

DIVISION IV CONSULTATION ON THE APPLICATION

87. As soon as possible after the coming into force of each by-law authorizing the filing of the application, the clerk or secretary-treasurer of the applicant municipality having the largest population shall transmit a certified copy of the application to the secretary-treasurer of the regional county municipality in which the territories of the applicant municipalities are situated.

Duplicates of the description of the territory of the municipality and of the plan prepared by a land surveyor must be attached to the copy of the application.

1988, c. 19, s. 87.

88. The clerk or secretary-treasurer of the applicant municipality having the largest population shall also transmit a certified copy of the application to the Commission de toponymie to enable it to decide in favour or against the proposed name.

Not later than 60 days after receiving copy of the application, the Commission shall transmit its opinion in writing to the clerk or secretary-treasurer, failing which the approval of the Commission is presumed.

Where applicable, the clerk or secretary-treasurer shall draw up a certificate attesting the failure of the Commission to transmit its opinion.

1988, c. 19, s. 88.

89. Not later than 60 days after receiving copy of the application, the regional county municipality shall transmit its opinion on the application for amalgamation, failing which its approval is presumed.

The secretary-treasurer of the regional county municipality shall transmit a certified copy of the resolution of the council to the clerk or secretary-treasurer of the applicant municipality having the largest population.

Where applicable, the clerk or secretary-treasurer shall draw up a certificate attesting the failure of the regional county municipality to transmit its opinion.

1988, c. 19, s. 89; 1993, c. 65, s. 23.

90. Any interested person may submit his objection to the application for amalgamation to the Minister of Municipal Affairs and Greater Montréal, in writing, within 30 days of publication of the text of the application and of a notice concerning such right and such time limit in a newspaper circulated in the applicant municipalities.

The publication referred to in the first paragraph shall be made by the clerk or secretary-treasurer of the applicant municipality having the largest population.

1988, c. 19, s. 90; 1999, c. 43, s. 13.

91. The Minister shall notify each applicant municipality in writing of every objection received within the prescribed time.

1988, c. 19, s. 91.

92. As soon as possible after publication of the application, the clerk or secretary-treasurer of the applicant municipality having the largest population shall transmit a certified copy of the application to the Minister of Municipal Affairs and Greater Montréal, together with any other document which the Minister may require.

The clerk or secretary-treasurer shall supply the Minister with any information which he requires concerning the application.

1988, c. 19, s. 92; 1993, c. 65, s. 24; 1999, c. 43, s. 13.

93. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the application for amalgamation.

1988, c. 19, s. 93.

94. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to each applicant municipality.

1988, c. 19, s. 94.

95. The Minister may order the consultation of the qualified voters either of all the applicant municipalities or of one or several of them.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister.

The question appearing on the ballot paper shall be as follows: “Do you approve the amalgamation of the territories of the following municipalities: (insert here the names of the applicant municipalities)?”.

The statement of the final results of the poll for each of the applicant municipalities must be transmitted to the Minister as soon as possible.

All expenses incurred by reason of the consultation shall be paid by the municipality conducting it.

1988, c. 19, s. 95; 1993, c. 65, s. 25.

DIVISION V AMENDMENT PROPOSAL OF THE MINISTER

§ 1 . — Notice of the amendment proposal

96. Where the Minister is of opinion that the application must be amended, he shall transmit to each applicant municipality a written notice setting out the amendment he intends to make to the application.

The Minister shall transmit a written notice to the Commission de toponymie where the amendment he intends to make concerns the name of the municipality proposed in the application.

1988, c. 19, s. 96.

97. Not later than 30 days after receiving the notice, the council of each applicant municipality shall inform the Minister in writing of its decision on the amendment proposal.

The Minister may, upon a request therefor, grant an extension to the council of an applicant municipality.

The clerk or secretary-treasurer shall transmit a certified copy of the resolution of the council to the Minister.

1988, c. 19, s. 97; 1993, c. 65, s. 26.

§ 2 . — Consultation

98. Sections 99 to 106 do not apply where one of the applicant municipalities does not approve the proposal or where the Minister has not received the resolution of each applicant municipality within the time prescribed under section 97.

1988, c. 19, s. 98.

99. At the request of the Minister, the clerk or secretary-treasurer of the applicant municipality having the largest population shall transmit a copy of the Minister’s notice and of the resolution of each applicant municipality to the regional county municipality.

1988, c. 19, s. 99.

100. Not later than 30 days after receiving copy of the notice and of each resolution, the regional county municipality shall inform the Minister in writing of its opinion on the amendment proposal.

The Minister may, upon a request therefor, grant an extension to the regional county municipality.

1988, c. 19, s. 100; 1993, c. 65, s. 27.

101. As soon as possible after being so required by the Minister, the clerk or secretary-treasurer of the applicant municipality having the largest population shall publish, in a newspaper circulated in the applicant municipalities, a public notice containing

(1)  the amendment proposal submitted by the Minister;

(2)  a statement to the effect that the council of each municipality has approved the proposal;

(3)  a statement to the effect that any interested person may submit his objection to the amendment proposal to the Minister in writing, within 30 days of publication of the notice;

(4)  the address of the place where objections must be sent.

The clerk or secretary-treasurer shall transmit a certified copy of the notice to the Minister as soon as possible after its publication, with proof of the date of publication.

1988, c. 19, s. 101.

102. Any interested person may, within 30 days of publication of the notice, submit his objection to the amendment proposal to the Minister in writing.

1988, c. 19, s. 102.

103. The Minister shall notify each applicant municipality in writing of every objection received within the prescribed time.

1988, c. 19, s. 103.

104. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the amendment proposal.

1988, c. 19, s. 104.

105. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to each applicant municipality and, where the name of the municipality was the subject of the public hearing, to the Commission de toponymie.

1988, c. 19, s. 105.

106. The Minister may order the consultation of the qualified voters either of all the applicant municipalities or of one or several of them.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister.

The question appearing on the ballot paper shall be as follows: “Do you approve the amendment proposal of the Minister of Municipal Affairs and Greater Montréal?”.

The statement of the final results of the poll for each applicant municipality must be transmitted to the Minister as soon as possible.

The Minister shall determine who will pay the expenses incurred for or by reason of the consultation.

1988, c. 19, s. 106; 1993, c. 65, s. 28; 1999, c. 43, s. 13.

DIVISION VI GOVERNMENT ORDER AND MINISTERIAL DECISION

1993, c. 65, s. 29.

107. The Minister may recommend that the application be granted by the Government with or without amendment.

Any amendment under the first paragraph requires prior approval by the council of each applicant municipality and, where applicable, by the qualified voters, in accordance with section 106.

1988, c. 19, s. 107.

108. The order constituting the local municipality resulting from the amalgamation must contain

(1)  the name of the municipality;

(2)  the description of the territory of the municipality prepared by the Minister of Natural Resources;

(3)  a statement to the effect that the municipality is governed by the Municipal Code of Québec (chapter C-27.1) or by the Cities and Towns Act (chapter C-19);

(4)  any special legislative provisions applicable to either municipality before the amalgamation which apply to the municipality resulting from the amalgamation, where that is the case;

(5)  the composition of the provisional council which is empowered to administer the affairs of the municipality until a majority of the council members elected at the first general election take office;

(5.1)  the place of the first sitting of the provisional council;

(5.2)  the name of the person who is the first clerk or secretary-treasurer of the municipality;

(6)  the division of the territory of the municipality into electoral districts or, if not available, the manner in which the division will be made for the purposes of the first general election;

(7)  the date of the first general election and the calendar year in which the second general election will be held;

(8)  the name of the regional county municipality in which the municipality resulting from the amalgamation is situated.

The appointment made under subparagraph 5.2 of the first paragraph has the same effect as an appointment by the council of the municipality.

The order may set out any condition applicable to the amalgamation.

1988, c. 19, s. 108; 1993, c. 65, s. 30; 1994, c. 13, s. 15; 1997, c. 93, s. 133; 2000, c. 56, s. 171.

109. The plan referred to in section 87 must be approved by the Minister of Natural Resources before the order is made by the Government.

1988, c. 19, s. 109; 1993, c. 65, s. 31; 1994, c. 13, s. 15.

110. The order comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1988, c. 19, s. 110.

110.1. The clerk or secretary-treasurer shall fix the date and time of the first sitting of the provisional council.

Not later than the third day preceding the date fixed for the sitting, the clerk or secretary-treasurer shall give public notice, in the territory of the municipality and in accordance with the law governing the municipality, of the date, place and time of the sitting. The notice must also contain a mention of any matter which a member of the provisional council has requested be included for discussion.

If the clerk or secretary-treasurer refuses or is unable to act or if the office of clerk or secretary-treasurer is vacant, the Minister shall, as needed, fix the date and time of the first sitting of the provisional council and shall appoint a person charged with carrying out the obligations set out in the second paragraph. If the sitting cannot be held in the place determined by the constituting order, the Minister shall fix another place; for the purposes of section 318 of the Cities and Towns Act (chapter C-19), the charter of the municipality is, in such a case, deemed not to designate the place of the first sitting.

1993, c. 65, s. 32; 1997, c. 93, s. 134.

DIVISION VII DEFERRAL OF THE PROCEDURE FOR THE DIVISION OF TERRITORY INTO ELECTORAL DISTRICTS AND OF ELECTION PROCEEDINGS

2001, c. 25, s. 139.

110.2. The Minister may, once the text of the application is published under section 90, transmit to any applicant municipality and to the Commission de la représentation a written notice stating that the procedure for the division of the territory of the municipality into electoral districts is cancelled or interrupted.

Upon receiving the notice, the addressee shall refrain from performing or continuing, as the case may be, any act related to the procedure or proceedings.

The Minister may rescind the notice at any time. In such a case, the Minister shall notify the municipality and the Commission de la représentation in writing and establish, if applicable, any rule enabling the municipality or the Commission to make the division. The Minister may also set a new polling date for the election for which the division must be made.

2001, c. 25, s. 140.

111. No regular election or by-election proceeding may take place in an applicant municipality within twelve months of the publication of the text of an application under section 90. However, such a proceeding may take place before the expiry of that period for the purposes of the election for which the Minister of Municipal Affairs and Greater Montréal fixes the polling date under the second paragraph.

Where the amalgamation forming the subject of the application does not come into force during the period determined in the first paragraph or where it appears that it will not come into force during that period, the Minister shall fix the polling date for the election regarding which one of the proceeding was to take place during that period.

Upon the application of an applicant municipality, the Minister may change the polling date fixed under the second paragraph.

The Act respecting elections and referendums in municipalities (chapter E-2.2), except sections 2 and 3, applies to the election. The polling date is the date fixed by the Minister; if the date is not the first Sunday in November, in the case of a regular election, sections 341 and 344 of the said Act apply as in the case of a by-election.

The first four paragraphs do not apply where, owing to vacancies, there is no quorum on the council of the applicant municipality.

1988, c. 19, s. 111; 1990, c. 47, s. 4; 1991, c. 38, s. 1; 1999, c. 25, s. 88; 1999, c. 43, s. 13.

DIVISION VIII TRANSITIONAL PROVISIONS

112. (Repealed).

1988, c. 19, s. 112; 1993, c. 3, s. 138; 1993, c. 65, s. 33.

113. The applicant municipalities shall cease to exist on the date of coming into force of the order and shall be replaced by the municipality resulting from the amalgamation.

1988, c. 19, s. 113.

114. The municipality succeeds to the rights and obligations of the applicant municipalities.

The municipality becomes, without continuance of suit, a party to all proceedings in the place and stead of the applicant municipalities.

1988, c. 19, s. 114.

115. All by-laws, resolutions or other acts adopted by an applicant municipality remain in force in the territory of the said municipality, until the date they cease to have effect as provided, until their objects are attained or until they are replaced or repealed.

They are deemed to be by-laws, resolutions or acts of the municipality.

1988, c. 19, s. 115.

116. Every act performed by an applicant municipality in respect of its territory shall retain its effects to the extent that it remains expedient.

Every such act is deemed to be an act of the municipality.

1988, c. 19, s. 116.

117. Any proceeding for the sale of an immovable for non-payment of taxes, or for the repurchase or redemption thereof, commenced before the date of the coming into force of the order, shall be continued by the person who initiated it, in accordance with the legislative provisions applicable in the territory of the municipality on the day preceding that date.

1988, c. 19, s. 117.

118. If, on the day of the coming into force of the order, an applicant municipality has failed to adopt a budget or a by-law or resolution for the imposition of taxes, to prepare a collection roll or to send tax accounts, the municipality resulting from the amalgamation must perform such acts in respect of the territory of the applicant municipality for the first fiscal year of the municipality.

The time limit prescribed for the performance of any of the acts described in the first paragraph is 30 days after the expiry of the time fixed for the performance of the preceding act; the first time limit begins to run from the date of the coming into force of the order.

1988, c. 19, s. 118.

119. The values entered on the property assessment roll or on the roll of rental values in force in the applicant municipalities shall be adjusted from the date of the coming into force of the order.

The adjustment shall be made as follows: the values entered on a roll are divided by the median proportion of such roll and multiplied by that of the roll of the applicant municipality having the largest population. In the case of rolls coming into force on the same date, the median proportions used are those established for the first of the fiscal years for which they apply. Where such is not the case, the median proportions used are those established for the fiscal year in which the order comes into force.

The first and second paragraphs do not apply to values entered on the real estate assessment roll or on the roll of rental values in force in the applicant municipality having the largest population.

This section applies to the rolls of the fiscal year in which the order comes into force. It also applies to the rolls of any subsequent fiscal year if no assessment roll or roll of rental values taking the amalgamation into account is filed according to law at the office of the clerk or secretary-treasurer of the municipality.

Where the rolls of the applicant municipalities did not come into force on the same date, the first roll of the municipality resulting from the amalgamation must be made for the same fiscal years as those for which the next roll of the applicant municipality having the largest population would have been made, if the order had not come into force. Where the municipality resulting from the amalgamation has a population of less than 5,000 inhabitants and the equilibrations of the rolls provided for in sections 46.1 and 69.6 of the Act respecting municipal taxation (chapter F-2.1) are not made with the same frequency by all the applicant municipalities, the frequency applicable to the applicant municipality having the largest population applies to the municipality resulting from the amalgamation.

1988, c. 19, s. 119; 1988, c. 76, s. 91; 1990, c. 47, s. 5; 1991, c. 32, s. 246; 1999, c. 40, s. 202.

120. Notwithstanding section 119, adjusted values shall not be used in computing the taxes imposed by an applicant municipality where the rate of property taxes is already fixed, but not in force, on the day of the coming into force of the order.

1988, c. 19, s. 120; 1999, c. 40, s. 202.

121. The roll in force in the applicant municipality having the largest population together with the rolls amended pursuant to section 119 shall constitute the roll of the municipality for the relevant fiscal year.

The median proportion and the factor of that roll are those of the roll of the applicant municipality having the largest population.

1988, c. 19, s. 121.

121.1. Where, under section 244.29 of the Act respecting municipal taxation (chapter F-2.1), the municipality fixes, for a fiscal year prior to the fiscal year in which the first assessment roll drawn up specifically for the municipality comes into force, a general property tax rate specific to the category of industrial immovables or to the category of immovables consisting of six or more dwellings, the coefficient referred to in section 244.44 or 244.47 of that Act, as the case may be, is the coefficient established on the basis of a comparison of the last two property assessment rolls of the applicant municipality having the largest population.

2002, c. 37, s. 243.

122. The officers and employees of the applicant municipalities shall become, without salary reduction, officers and employees of the municipality and they shall retain their seniority and social benefits.

No officer or employee may be laid off or dismissed by reason of the amalgamation.

1988, c. 19, s. 122.

123. The Act respecting elections and referendums in municipalities (chapter E-2.2), except sections 2 and 3, applies to the first general election. The polling date is the date fixed in the order; if the date is not the first Sunday in November, sections 341 and 344 of the said Act apply as in the case of a by-election.

For the purpose of determining whether a person is qualified as an elector, a candidate or a qualified voter at an election or a referendum in the territory of the municipality, any period, prior to the amalgamation, during which the person was resident, continuously or not, in the territory of an applicant municipality or was the owner of an immovable or the occupant of a business establishment situated in that territory shall be counted as if the person had been a resident, owner or occupant in the territory of the municipality from the beginning of that period.

1988, c. 19, s. 123; 1999, c. 25, s. 89; 1999, c. 40, s. 202.

124. The Government may, on the recommendation of the Minister of Municipal Affairs and Greater Montréal, fix an earlier polling date than the date fixed in the order.

1988, c. 19, s. 124; 1999, c. 43, s. 13.

125. The provisions of this division apply subject to the conditions of amalgamation set out in the order.

1988, c. 19, s. 125.

DIVISION IX INITIATIVES OF THE MINISTER OR OF LOCAL MUNICIPALITIES

§ 1 . — Object

125.1. The object of subdivisions 2 to 4 is the constitution of local municipalities resulting from amalgamations, in particular as a means of achieving greater fiscal equity and of providing citizens with services at lower cost or better services at the same cost.

2000, c. 27, s. 1.

§ 2 . — Time limit for the filing of a joint application

125.2. The Minister may, with the authorization of the Government and by means of a writing transmitted by registered or certified mail to certain local municipalities whose territories may be amalgamated, require the municipalities to file with the Minister a joint application for amalgamation, accompanied with any document indicated by the Minister, within the time prescribed by the Minister.

For the purpose of assisting the municipalities in fulfilling the obligation to file such a joint application, the Minister may appoint a conciliator.

The Minister may, upon a request by a municipality or the conciliator, grant an extension to the municipalities.

2000, c. 27, s. 1.

125.3. If the joint application with any document required is not received within the time prescribed, the Minister may request the conciliator appointed under section 125.2, or if there is no such conciliator, the conciliator the Minister appoints, to make a report to the Minister on the situation.

If the joint application and any document required is received within the time prescribed and the Minister makes an amendment proposal to the joint application, failure by one of the applicant municipalities to approve or give its opinion on the proposal shall not, notwithstanding section 98, prevent the application of sections 99 to 106, and the absence of approval shall not prevent the Minister, notwithstanding the second paragraph of section 107, from recommending to the Government that it grant the joint application with the amendment.

2000, c. 27, s. 1; 2000, c. 54, s. 97.

125.3.1. Section 110.2 applies in respect of any local municipality that receives the writing provided for in section 125.2, as if it were party to a joint application for amalgamation the text of which has been published.

2001, c. 25, s. 141.

§ 3 . — Study by the Commission municipale du Québec

125.4. (Repealed).

2000, c. 27, s. 1; 2000, c. 56, s. 172.

125.5. The Minister may request the Commission municipale du Québec to carry out a study into the advantages and disadvantages of amalgamation as regards certain local municipalities whose territories may be amalgamated.

Such a request may also be made by local municipalities if their number and aggregate population are greater than half of the number and aggregate population of the local municipalities concerned.

The Commission shall transmit a copy of the request to every local municipality concerned, to every regional county municipality in which the territory of such a local municipality is situated and, where the request is made by local municipalities, to the Minister.

No request may be made under the second paragraph where one of the local municipalities concerned has received the writing referred to in section 125.2, or the amalgamation of the territory of one of the municipalities is provided for in a special Act that has not taken effect or in a special bill introduced by the Minister. If one of those circumstances occurs after such a request has been made, the request lapses and is withdrawn from the Commission.

The Commission may refuse to give effect to a manifestly unreasonable request made under the second paragraph.

2000, c. 27, s. 1; 2000, c. 54, s. 98.

125.6. Before commencing its study, the Commission shall publish a notice in a newspaper circulated in the territory of the local municipalities concerned stating

(1)  that a request has been made and identifying the local municipalities concerned;

(2)  the right provided for in section 125.7;

(3)  the place to which the opinion referred to in section 125.7 must be sent.

2000, c. 27, s. 1; 2000, c. 54, s. 99.

125.6.1. If the Commission broadens the scope of its study to include a municipality that has not received the writing referred to in section 125.2 or that is not mentioned in the notice published pursuant to section 125.6, it must publish as soon as possible a public notice in a newspaper circulated in the territory of the municipality and in the territories of the other municipalities concerned by the study. Section 125.6, with the necessary modifications, applies to the public notice.

Following the publication of such a notice, the period of time provided for in section 125.7 is 15 days.

2001, c. 68, s. 71.

125.7. Any interested person may, within 30 days after publication of the notice, submit in writing to the Commission an opinion on the amalgamation in respect of which the request has been made or on any other amalgamation that concerns the territory of one or more local municipalities to which the request pertains.

2000, c. 27, s. 1.

125.8. The Commission may hold a public hearing on the amalgamation in respect of which the request has been made or on any other amalgamation that concerns the territory of one or more local municipalities to which the request pertains.

2000, c. 27, s. 1.

125.8.1. Ten days before the holding of a public hearing, the Commission shall publish a notice indicating the place and time of the hearing in a newspaper circulated in the territory of the municipalities that are part of an amalgamation in respect of which the Commission may make a positive recommendation.

2001, c. 68, s. 72.

125.9. The Commission shall make a report to the Government containing a recommendation, with reasons, in relation to the amalgamation in respect of which the request has been made.

The Commission may also make a subsidiary recommendation, with reasons, in relation to any other amalgamation that concerns the territory of one or more local municipalities to which the request pertains.

The Commission may make a positive recommendation in relation to an amalgamation only if it has held a public hearing on the amalgamation.

The Commission shall transmit its report to the Minister.

2000, c. 27, s. 1.

§ 4 . — Effects of initiatives on the local municipalities

125.10. Section 111 applies to any local municipality that receives the writing transmitted pursuant to section 125.2 or that is mentioned in the notice published pursuant to section 125.6, as of the day of receipt of the writing or of publication of the notice, as if the local municipality were a party to a joint application for amalgamation the text of which is published on that day.

However, where the text of a joint application for amalgamation to which the local municipality is a party is published before or after the day referred to in the first paragraph, the day to be considered for the purposes of the application of section 111 is the day of publication of the text.

The first paragraph applies to a municipality that has not received the writing referred to in section 125.2 or that is not mentioned in the notice published pursuant to section 125.6 and in respect of which the Commission broadens the scope of its study if, on the date on which the public notice is published pursuant to section 125.6.1, the returning officer has not issued a notice of election in respect of the municipality.

2000, c. 27, s. 1; 2001, c. 68, s. 73.

125.10.1. The Minister may, by means of the writing referred to in section 125.2 or by means of any other writing transmitted in the same manner to any municipality to which that section applies, require any such municipality or any body thereof to obtain the authorization of the Minister to alienate any property whose value exceeds $10,000.

The Minister may also, by a writing transmitted as mentioned in the first paragraph, require any municipality or any body thereof in respect of whose territory a positive recommendation has been made by the Commission in relation to an amalgamation, to obtain the authorization of the Minister to alienate any property whose value exceeds $10,000.

The Minister may, before approving or rejecting an application for authorization, request, where applicable, the opinion of the transition committee constituted in the territory in which the territory of the municipality or body is situated.

2001, c. 25, s. 142.

125.11. Subject to sections 125.12 to 125.25, the Government may, after the report of the conciliator or of the Commission containing a recommendation for amalgamation has been made, order the constitution of a local municipality resulting from the amalgamation of the territories of the local municipalities referred to in the report, as if the municipalities had filed a joint application for amalgamation, and sections 113 to 125 shall apply.

2000, c. 27, s. 1.

125.12. The Government may, before exercising the power provided for in section 125.11, order the creation of a transition committee consisting of the mayors and main public servants of the local municipalities referred to in the report and any other person it designates.

2000, c. 27, s. 1.

125.13. Where employees of a local municipality referred to in the report are represented by a certified association within the meaning of the Labour Code (chapter C‐27), the transition committee must, within the time prescribed by the Minister of Municipal Affairs and Greater Montréal, agree with that certified association or, if the employees are represented by two or more such associations, with all of them on the procedure for the reassignment of the employees as members of the personnel of the local municipality to be constituted, as well as on the rights of and remedies available to any employee who believes he or she has been wronged by the application of that procedure.

In addition, parties may agree on conditions of employment incidental to the reassignment of employees.

An agreement entered into under this section may not provide conditions of employment that entail higher costs than those entailed by the application of the conditions of employment applicable on the date of coming into force of the order made under section 125.12, or increase the staff.

The Minister may, at the request of the committee or a certified association, grant an extension.

The reassignment procedure applicable to employees is set out in provisions concerning the application of the assignment process provided for in the applicable conditions of employment or, failing such a process, that allow employees to be assigned a position and a place of work.

2000, c. 27, s. 1; 2000, c. 56, s. 173.

125.14. The committee may propose any other transitional measure.

The committee may, in particular, propose

(1)  a reassignment procedure applicable to the public servants and employees of the local municipalities referred to in the report that are not represented by a certified association, and the rights of and remedies available to an employee who believes he or she has been wronged by the application of that procedure;

(2)  rules governing the organization of administrative units that specify, in particular, who should exercise the functions that are mandatory according to law;

(3)  a budget for the first fiscal year of the local municipality to be constituted.

2000, c. 27, s. 1.

125.15. If no agreement is reached within the prescribed time on all of the questions referred to in section 125.13, the Minister of Municipal Affairs and Greater Montréal shall so inform the Minister of Labour.

2000, c. 27, s. 1.

125.16. The Minister of Labour shall refer the disagreement to a mediator-arbitrator, specify a time within which the disagreement is to be settled and notify the parties.

2000, c. 27, s. 1.

125.17. The mediator-arbitrator shall, before proceeding with arbitration, attempt to bring the parties to an agreement on the questions referred to in section 125.13 in respect of which no agreement has been reached.

The mediator-arbitrator shall proceed with arbitration on the questions in respect of which no agreement has been reached before or during the mediation where, in the opinion of the mediator-arbitrator, there is no likelihood of the parties reaching agreement within a reasonable time. In such case, the mediator-arbitrator shall so inform the parties and the Minister.

2000, c. 27, s. 1.

125.18. Subject to sections 125.16, 125.17, 125.19 and 125.21 to 125.23 of this Act, sections 76 and 77, the first paragraph of sections 79 and 80, sections 81 to 89, 91, 91.1, 93, 139 and 140 of the Labour Code (chapter C‐27) apply to the arbitration, with the necessary modifications.

2000, c. 27, s. 1.

125.19. The mediator-arbitrator shall proceed with arbitration upon examination of the record. The mediator-arbitrator may, if he or she considers it necessary, hold arbitration hearings.

2000, c. 27, s. 1.

125.20. The parties may at all times agree on any of the questions on which there has been disagreement. The agreement shall be recorded in the arbitration award which may not amend it.

2000, c. 27, s. 1.

125.21. The mediator-arbitrator shall determine the reassignment procedure and the rights of and remedies available to an employee who believes he or she has been wronged by the application of that procedure.

In addition, the mediator-arbitrator may decide on any condition of employment that the mediator-arbitrator believes is incidental to an employee’s reassignment.

The award may not provide conditions of employment that entail higher costs than those entailed by the application of the conditions of employment applicable on the date of coming into force of the order made under section 125.12, or increase the staff.

2000, c. 27, s. 1.

125.22. The award must be rendered by the mediator-arbitrator within the time prescribed by the Minister of Labour.

If the Minister considers that exceptional circumstances justify it, the Minister may, at the request of the mediator-arbitrator, grant an extension determined by the Minister.

2000, c. 27, s. 1.

125.23. The arbitration award is binding on the associations that have been certified to represent the employees of the local municipalities referred to in the report, the committee, the local municipalities referred to in the report and the local municipality to be constituted.

If a collective agreement is in force, the award operates to amend the agreement. If the renewal of the collective agreement is being negotiated, the provisions of the award are, as of the date on which the award takes effect, deemed to form part of the last collective agreement. If a first collective agreement is being negotiated, the provisions of the award amend the applicable conditions of employment.

2000, c. 27, s. 1.

125.24. The committee shall make a report on its proposed measures to the Government.

The committee must transmit its report to the Minister of Municipal Affairs and Greater Montréal within the time prescribed by the Minister.

If an award referred to in section 125.22 has been rendered, it must be appended to the report.

The Minister may, at the request of the committee, grant an extension.

2000, c. 27, s. 1.

125.25. If a committee has been created, the order made under section 125.11 must take into account the committee’s report and any arbitration award appended thereto.

2000, c. 27, s. 1.

125.26. As of the date of publication in the Gazette officielle du Québec of the order made under section 125.11 or 125.12, a local municipality referred to in the report of the conciliator or the Commission may not, except with the authorization of the Minister of Municipal Affairs and Greater Montréal, increase the expenditures relating to the remuneration and employee benefits of any of its employees or hire new employees unless the increase or hiring results from the application of a clause of a collective agreement or contract of employment in force on that date.

The first paragraph also applies to a local municipality resulting from the amalgamation of the territories of the municipalities referred to in the first paragraph, until a majority of the council members elected at the first general election take office.

2000, c. 27, s. 1.

DIVISION X SPECIAL RULES FOR CERTAIN LOCAL MUNICIPALITIES RESULTING FROM AN AMALGAMATION

2001, c. 25, s. 143.

125.27. Every constituting order made to amalgamate the territories of all or any part of the municipalities that have received a notice under section 125.2, to amalgamate all or any part of the territories of the municipalities that have filed, pursuant to section 125.31, a joint application for amalgamation concerning one of the matters referred to in this section, or to amalgamate all or any part of the territories of the municipalities in respect of which the Commission has made a positive recommendation in relation to the amalgamation, may contain, in relation to the constitution, powers and fields of jurisdiction of the new municipality and the transition between the existing administrations and the new municipality, and in addition to the particulars required under section 108 and the conditions that may be prescribed under that section, insofar as they are not inconsistent with a rule set out in this division, any provision relating to the following matters:

(1)  the composition of the council of the new municipality;

(2)  the rules that apply to the division of the territory of the municipality into wards or to the possibility for the municipality of dividing its territory into wards, and the composition, functioning and responsibilities of a ward council;

(3)  the creation within the territory of the municipality of boroughs for municipal administration purposes;

(4)  the creation and composition of any council responsible for the administration of a borough, the determination of the number of members of the council of each borough or of a formula to establish that number, and the procedure to be used to choose the chair of a borough council;

(5)  any special application of the Act respecting elections and referendums in municipalities (chapter E-2.2) to the municipality, in particular as regards the division of its territory for election purposes, the election of the members of the council of the municipality or, as the case may be, of the borough, the determination of elector qualifications and of eligibility for office as a member of the council of the municipality or, as the case may be, as a member of a borough council, and the rules governing municipal political parties, independent candidates and the control of election expenses;

(6)  any special application of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) and the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) to the municipality, in particular as regards the remuneration of the chair and the borough councillors and the participation of the latter in the pension plan of elected municipal officers;

(7)  the composition, functioning, powers and jurisdiction of the executive committee of the municipality;

(8)  the rules that apply to the sharing of the powers and jurisdiction granted by an Act to the municipality between the council of the municipality and any borough council;

(9)  the granting of jurisdiction, in the fields determined by the order, to the municipality and the sharing of the jurisdiction, where applicable, between the council of the municipality and the borough council;

(10)  the mode of financing of a borough;

(11)  any rule relating to labour relations, in particular as regards the sharing of the powers and responsibilities in respect of officers and employees between the council of the municipality and any borough council, and any special application of sections 125.13 to 125.26 or sections 176.1 to 176.30;

(12)  any special financial or fiscal provision, in particular as regards the apportionment of the debts and surpluses of the former municipalities from which the municipality was formed, the approval of the loans of the municipality, and the limits on the tax variation in respect of a unit of assessment;

(13)  the constitution of a transition committee different from the transition committee provided for in section 125.12, its composition, functioning, powers, in particular as regards contract and material resources management, its responsibilities and mode of financing and the rules that apply to the payment of the expenses arising from the committee’s mandate; any rule that applies to the exercise of its power to borrow; the term of office of the transition committee and the power of the Minister of Municipal Affairs and Greater Montréal to extend that term for any period the Minister determines; any rule that applies to the powers of the transition committee to require any information, report or document from a municipality or a municipal or supramunicipal body affected by the amalgamation or any rule that applies to the use by the transition committee of the services of any officer or any employee of such a municipality or such a body and any rule that applies to the obligations of such a municipality or such a body and its officers and employees with respect to the transition committee ; the power of that Minister to issue any directive to the transition committee with respect to the information to be provided to the citizens of the municipalities affected by the amalgamation;

(14)  the date, which may be prior to the date of constitution of the municipality, of the first general election of the council of the municipality and the rules enabling the election to be conducted; the powers that the city council, the borough council, the mayor of the city or the executive committee of the city may exercise before the constitution of the city and the time as of which they may exercise those powers;

(15)  any rule establishing the maintenance of certain rights, in particular as regards remuneration and severance allowances within the meaning of the Act respecting the remuneration of elected municipal officers and participation in the pension plan of elected municipal officers established under the Act respecting the Pension Plan of Elected Municipal Officers, in respect of elected municipal officers whose term is shortened by the amalgamation and who do not become members of the council of the new municipality, and any rule relating to the allocation of the payment of expenses arising from the maintenance of those rights;

(16)  any rule enabling, where applicable, the municipality to succeed to the rights and obligations of a regional county municipality and enabling the officers and employees of a regional county municipality to be governed by section 122 and any rule enabling the municipality to be considered as a regional county municipality for the purposes of any Act and providing for the modifications necessary for that purpose;

(17)  any rule relating to the inclusion within the new municipality of any part of the adjacent territory of another local municipality that is not a party to the amalgamation or of any part of an adjacent unorganized territory, and any rule relating to the inclusion within a local municipality that is not a party to the amalgamation and whose territory is adjacent to the territory of the new municipality or is situated in an adjacent unorganized territory, of any adjacent part of the territory of a local municipality that is a party to the amalgamation or of any part of an unorganized territory that forms part of the territory of the new municipality;

(18)  any rule governing relations between the new municipality and any regional county municipality part of the territory of which is transferred into the territory of the new municipality, in particular as regards the apportionment of assets and liabilities, and any rule prescribing the effects of the by-laws, resolutions and other acts of the regional county municipality in respect of the territory transferred into the territory of the new municipality;

(19)  any rule specifying the effects of the amalgamation on the commitments made by a municipality that is a party to the amalgamation in respect of a municipality that is or is not a party to the amalgamation;

(20)  the obligation for any municipality, supramunicipal body or any body of the municipality or the supramunicipal body to obtain the authorization of the Minister of Municipal Affairs and Greater Montréal to alienate property the value of which exceeds the value prescribed in the order;

(21)  the power of the transition committee to enter into any agreement with a municipality to give effect to any provision made under such paragraphs 12, 16, 17 and 18.

If no agreement under subparagraph 21 of the first paragraph is entered into within the time fixed by the order, the Government may make an order to remedy such failure.

2001, c. 25, s. 143; 2002, c. 37, s. 244.

125.28. The order referred to in section 125.27 must provide that the territory of a municipality that was recognized under section 29.1 of the Charter of the French language (chapter C-11) forms one or more boroughs, the overall boundaries of which correspond to the territory of that municipality.

The order must also, where it includes in the territory of the new municipality a part of the territory of a municipality that has been granted such recognition, provide that such part of the territory forms a borough or that it is part of a borough referred to in the first paragraph.

However, the first two paragraphs do not apply if the territory of the new municipality includes only all or part of the territory of municipalities recognized under section 29.1 of the Charter of the French language.

A borough referred to in this section or a new municipality referred to in the third paragraph shall retain that recognition until, at its request, the recognition is withdrawn by the Government pursuant to section 29.1 of that Charter.

Officers or employees of the municipality who exercise their functions or perform work in connection with the powers of a borough referred to in this section or recognized under section 29.1 of the Charter of the French language are, for the purposes of sections 20 and 26 of that Charter, deemed to be officers or employees of that borough.

2001, c. 25, s. 143; 2002, c. 37, s. 245.

125.29. The order referred to in section 125.27 may also contain rules amending, where applicable, the orders constituting the regional county municipalities affected by the transfer of territory.

2001, c. 25, s. 143; 2002, c. 68, s. 35.

125.30. Notwithstanding section 214.3, the order referred to in section 125.27 is not limited, as regards the rules of municipal law it creates or as regards the derogations from any provision of an Act under the administration of the Minister of Municipal Affairs and Greater Montréal, from a special Act governing a municipality or from an act made under either Act, to having a transitional duration.

The Government may, within six months following the first general election in the new municipality, amend any order made under section 125.27.

2001, c. 25, s. 143.

125.31. Every joint application for amalgamation may concern any of the matters referred to in section 125.27 other than the matter referred to in subparagraph 17 of the first paragraph of that section.

2001, c. 25, s. 143.

125.32. The powers of the transition committee constituted under paragraph 13 of section 125.27 provided for in the order, or of the transition committee provided for in section 125.12, respecting the management of contracts and material resources apply, if applicable, notwithstanding sections 58 to 61 of the Public Administration Act (chapter A-6.01).

2001, c. 25, s. 143.

CHAPTER V ANNEXATION

DIVISION I SCOPE

126. For the purposes of this chapter, a metropolitan community and the Kativik Regional Government shall be regarded as regional county municipalities and their secretaries shall be regarded as secretary-treasurers.

1988, c. 19, s. 126; 1990, c. 85, s. 122; 2000, c. 56, s. 218.

127. (Repealed).

1988, c. 19, s. 127; 1993, c. 65, s. 34.

DIVISION II BY-LAW

128. The council of a local municipality, by the affirmative vote of the absolute majority of its members, may adopt a by-law to extend the limits of its territory by annexing the whole or part of the territory of a contiguous local municipality or a contiguous unorganized territory.

Notwithstanding the foregoing, the council of a municipality shall not adopt such a by-law where the annexation would cause part of its territory to be situated within the territory of the Kativik Regional Government.

1988, c. 19, s. 128.

129. The by-law must contain a description of the area to be annexed, prepared by a land surveyor.

The by-law shall, where applicable, identify the electoral district or ward to which will be added the area to be annexed or provide that such territory will form a new district or ward either for the purposes of any election prior to the first general election held after the annexation comes into force, or, in the event that the annexation comes into force after the coming into force of the division into electoral districts for the purposes of that first general election, for the purposes of any election prior to the second general election held after the annexation comes into force.

The by-law may set out any other condition applicable to the annexation.

1988, c. 19, s. 129; 1990, c. 47, s. 6; 1993, c. 65, s. 35.

DIVISION III CONSULTATION ON THE BY-LAW

130. The clerk or secretary-treasurer of the annexing municipality shall transmit a certified copy of the by-law to the municipality affected by the proposed annexation.

The clerk or secretary-treasurer shall also transmit a certified copy of the by-law to the regional county municipality which includes the area affected by the proposed annexation.

A duplicate of a land surveyor’s plan of the area to be annexed must be attached to the copy of the by-law.

1988, c. 19, s. 130.

131. Not later than 30 days after receiving copy of the by-law, the council of the municipality affected by the proposed annexation must transmit its opinion on the application for annexation.

The clerk or secretary-treasurer of the municipality shall transmit a certified copy of the resolution of the council to the annexing municipality.

Where the council disapproves the by-law within the time prescribed, the clerk or secretary-treasurer of the annexing municipality shall transmit a copy of the resolution to that effect to the Minister of Municipal Affairs and Greater Montréal. Where the council fails to vote on the by-law within the time prescribed, the clerk or secretary-treasurer shall draw up a certificate attesting the failure to vote and shall transmit a certified copy of the certificate to the Minister.

1988, c. 19, s. 131; 1993, c. 65, s. 36; 1999, c. 43, s. 13.

132. The clerk or secretary-treasurer of the municipality affected by the annexation shall prepare a written estimate of the population of the area to be annexed.

He shall transmit, as soon as possible, a certified copy of the estimate to the clerk or secretary-treasurer of the annexing municipality.

1988, c. 19, s. 132.

133. If the council of the municipality affected by the annexation approves the by-law, the by-law must be submitted for approval to the qualified voters in the territory affected by the annexation.

The Act respecting elections and referendums in municipalities (chapter E-2.2) applies for the purposes of the approval as if the by-law had been passed by the council of the municipality affected by the annexation.

The clerk or secretary-treasurer of the municipality affected by the annexation shall transmit, as soon as possible, to the annexing municipality a copy of the certificate stating the results of the registration procedure held to determine whether a referendum poll is necessary or a notice attesting that a majority of the qualified voters entitled to be entered on the referendum list of the territory have waived the holding of the poll. If a poll is held, he shall transmit to the annexing municipality, as soon as possible, a copy of the statement of the final results of the poll.

1988, c. 19, s. 133; 1990, c. 47, s. 7; 1993, c. 65, s. 37; 1997, c. 53, s. 40; 1997, c. 93, s. 135.

134. Where the council of the municipality affected by the annexation disapproves or fails to vote on the by-law, the by-law must be submitted for approval to the qualified voters of the territory affected by the annexation.

The Act respecting elections and referendums in municipalities (chapter E-2.2) applies for the purposes of the approval as if the by-law had been adopted by the council of the municipality affected by the annexation.

However, the duties of the clerk or secretary-treasurer provided for in that Act shall be carried out by the clerk or secretary-treasurer of the annexing municipality; the clerk or secretary-treasurer of the municipality whose territory is affected by the annexation shall, upon request, send any relevant document or information.

1988, c. 19, s. 134; 1993, c. 65, s. 38; 1997, c. 93, s. 136.

135. For the purposes of sections 133 and 134, only the council of the annexing municipality may order the holding of a poll or the withdrawal of the by-law. If the council decides that a poll must be held, it shall fix the date of the poll not later than at its first sitting following receipt of the copy of the certificate stating the results of the registration procedure. Only the mayor of the annexing municipality may give a voice vote to break a tie in the votes cast.

All expenses incurred for the application of sections 133 and 134 shall be paid by the annexing municipality.

1988, c. 19, s. 135; 1993, c. 65, s. 39.

136. (Repealed).

1988, c. 19, s. 136; 1993, c. 65, s. 40.

137. Where the area to be annexed is situated within the territory of more than one local municipality, the procedure provided for in sections 133 and 134 shall apply to each municipality.

The qualified voters of the area to be annexed are, for the purposes of the first paragraph, the qualified voters of that part of the area to be annexed which is situated within the territory of each of such municipalities.

1988, c. 19, s. 137; 1993, c. 65, s. 41.

138. Not later than 60 days after receiving copy of the by-law, the regional county municipality shall transmit its opinion on the application for annexation, failing which its approval is presumed.

The secretary-treasurer of the regional county municipality shall transmit a certified copy of the resolution to the clerk or secretary-treasurer of the annexing municipality.

Where applicable, the clerk or the secretary-treasurer of the annexing municipality shall draw up a certificate attesting the failure of the regional county municipality to transmit its opinion.

1988, c. 19, s. 138; 1993, c. 65, s. 42.

139. The clerk or secretary-treasurer of the annexing municipality shall transmit a certified copy of the by-law to the Minister of Municipal Affairs and Greater Montréal together with any other document which the Minister may require.

The clerk or secretary-treasurer shall supply the Minister with any information which he requires concerning the by-law.

1988, c. 19, s. 139; 1990, c. 47, s. 8; 1993, c. 65, s. 43; 1999, c. 43, s. 13.

140. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the application for annexation.

1988, c. 19, s. 140.

141. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the annexing municipality and to the municipality affected by the annexation.

1988, c. 19, s. 141.

142. The Minister may order the consultation of the qualified voters of the area to be annexed.

Where the area to be annexed is situated within the territory of more than one local municipality, the Minister may order a consultation in one or several such municipalities. The qualified voters, for the purposes of the consultation, are the qualified voters of that part of the area to be annexed which is situated within the territory of the said municipality.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister.

The statement of the final results of the poll shall be transmitted to the Minister as soon as possible.

All expenses incurred for or by reason of the consultation shall be paid by the annexing municipality.

1988, c. 19, s. 142; 1993, c. 65, s. 44.

DIVISION IV AMENDMENT PROPOSAL OF THE MINISTER

§ 1 . — Notice of the amendment proposal

143. Where the Minister is of opinion that the by-law must be amended, he shall transmit to the annexing municipality a written notice setting out the amendment he intends to make to the by-law.

1988, c. 19, s. 143.

144. Not later than 30 days after receiving the notice, the council of the annexing municipality shall inform the Minister in writing of its decision on the amendment proposal.

The Minister may, upon a request therefor, grant an extension to the council of the municipality.

The clerk or secretary-treasurer of the annexing municipality shall transmit a certified copy of the resolution of the council to the Minister.

1988, c. 19, s. 144; 1993, c. 65, s. 45.

§ 2 . — Consultation

145. Sections 146 to 153 do not apply where the annexing municipality does not approve the proposal or where the Minister has not received the resolution of the council of the annexing municipality within the time prescribed under section 144.

1988, c. 19, s. 145.

146. As soon as possible after being so required by the Minister, the clerk or secretary-treasurer of the annexing municipality shall transmit a copy of the Minister’s notice and of the resolution of the annexing municipality to the municipality affected by the annexation.

Not later than 30 days after receiving copy of the notice and resolution, the municipality affected by the annexation may inform the Minister in writing of its opinion on the amendment proposal.

1988, c. 19, s. 146.

147. As soon as possible after being so required by the Minister, the clerk or secretary-treasurer of the annexing municipality shall also transmit a copy of the Minister’s notice and of the resolution of the annexing municipality to the regional county municipality.

Not later than 30 days after receiving copy of the notice and resolution, the regional county municipality shall inform the Minister in writing of its opinion on the amendment proposal.

The Minister may, upon a request therefor, grant an extension to the regional county municipality.

1988, c. 19, s. 147; 1993, c. 65, s. 46.

148. As soon as possible after being so required by the Minister, the clerk or secretary-treasurer of the annexing municipality shall give to the interested persons of the area to be annexed a public notice containing

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

(2)  the amendment proposal submitted by the Minister;

(3)  a statement to the effect that the council of the annexing municipality has approved the proposal;

(4)  a statement to the effect that any interested person may submit his objection to the amendment proposal to the Minister in writing, within 30 days of publication of the notice;

(5)  the address of the place where objections must be sent.

The notice shall be given in accordance with the Act governing the municipality affected by the annexation.

The clerk or secretary-treasurer of the annexing municipality shall transmit a certified copy of the notice to the Minister as soon as possible after its publication, with proof of the date of publication.

For the purposes of the first paragraph and of section 149, an interested person is any person who would be a qualified voter entitled to have his name entered on the referendum list of the area to be annexed if the date of reference within the meaning of the Act respecting elections and referendums in municipalities (chapter E-2.2) was the date of publication of the notice.

1988, c. 19, s. 148; 1993, c. 65, s. 47.

149. Any interested person may, within 30 days of publication of the notice, submit his objection to the amendment proposal to the Minister in writing.

1988, c. 19, s. 149.

150. The Minister shall notify the annexing municipality and the municipality affected by the annexation, in writing, of every objection received within the prescribed time.

1988, c. 19, s. 150.

151. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the amendment proposal.

1988, c. 19, s. 151.

152. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the annexing municipality and to the municipality affected by the annexation.

1988, c. 19, s. 152.

153. The Minister may order the consultation of the qualified voters of the area to be annexed.

Where the area to be annexed is situated within the territory of more than one local municipality, the Minister may order a consultation in one or several such municipalities. The qualified voters, for the purposes of the consultation, are the qualified voters of that part of the area to be annexed which is situated within each of such municipalities.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister.

The question appearing on the ballot paper shall be as follows: “Do you approve the amendment proposal of the Minister of Municipal Affairs and Greater Montréal?”.

The statement of the final results of the poll shall be transmitted to the Minister as soon as possible.

The Minister shall determine who will pay the expenses incurred for or by reason of the consultation.

1988, c. 19, s. 153; 1990, c. 47, s. 9; 1993, c. 65, s. 48; 1999, c. 43, s. 13.

DIVISION V NEGOTIATION OF AN AGREEMENT

154. The Minister shall, upon a request by either municipality, appoint a conciliator for the purposes of the apportionment of the assets and liabilities relating to the territory of the municipality affected by the annexation. The Minister may grant them a time for the making of such a request; upon a request by either municipality, the Minister may grant an extension.

The first paragraph does not apply if the annexation by-law contains the apportionment and if the by-law has been approved by the municipality whose territory is affected by the annexation; the first paragraph does not apply as soon as the Minister receives a copy of an apportionment agreement entered into between the municipalities.

1988, c. 19, s. 154; 1990, c. 47, s. 10; 1993, c. 65, s. 49; 1997, c. 93, s. 137.

155. The Minister shall give to the annexing municipality and to the municipality affected by the annexation a written notice indicating the name of the conciliator and the time granted for reaching an agreement.

1988, c. 19, s. 155; 1997, c. 93, s. 138.

156. The Minister may, at the request of the annexing municipality or the municipality affected by the annexation, grant an extension for reaching an agreement.

The conciliator may also request an extension under the first paragraph.

1988, c. 19, s. 156.

157. The conciliator shall transmit to the Minister a copy of the agreement or, if no agreement is reached within the time granted, a report on the situation.

The Minister may, following the report of the conciliator, impose an apportionment of the assets and liabilities. The apportionment shall be deemed to be an agreement.

1988, c. 19, s. 157; 1993, c. 65, s. 50.

158. Where the Minister submits an amendment proposal in respect of the agreement, sections 143 to 153, adapted as required, apply to the agreement.

For the purposes of sections 143, 144 and 145, the municipality affected by the annexation shall be deemed to be the annexing municipality.

1988, c. 19, s. 158.

159. The Minister may approve the negotiated agreement, with or without amendment.

Any amendment under the first paragraph requires prior approval by the council of the annexing municipality and by the council of the municipality affected by the annexation and, where applicable, by the qualified voters in accordance with section 153.

1988, c. 19, s. 159.

160. The agreement binds the municipalities. It has precedence over any inconsistent provision in the annexation by-law.

1988, c. 19, s. 160; 1990, c. 47, s. 11.

DIVISION VI DECISION OF THE MINISTER

160.1. The Minister may, at any time after receiving the first of the copies sent under sections 131 and 139, give notice in writing to the annexing municipality that the annexation by-law will not receive approval from the Minister.

1997, c. 93, s. 139.

161. The Minister may approve the by-law with or without amendment.

Any amendment made under the first paragraph requires prior approval by the council of the annexing municipality and, where applicable, by the council of the municipality affected by the annexation or by the qualified voters in accordance with sections 146 and 153.

1988, c. 19, s. 161.

162. The Minister of Municipal Affairs and Greater Montréal shall publish in the Gazette officielle du Québec a notice stating that he has approved the by-law with or without amendment and, where applicable, that he has approved an agreement with or without amendment or imposed an apportionment of the assets and liabilities.

The notice shall include a description of the annexed area prepared by the Minister of Natural Resources.

1988, c. 19, s. 162; 1993, c. 65, s. 51; 1994, c. 13, s. 15; 1999, c. 43, s. 13.

163. The plan referred to in section 130 must be approved by the Minister of Natural Resources before the notice provided for in section 162 is published.

1988, c. 19, s. 163; 1993, c. 65, s. 52; 1994, c. 13, s. 15.

164. The by-law and, where applicable, the agreement shall come into force on the date of publication of the notice provided for in section 162 or on any later date indicated therein.

1988, c. 19, s. 164.

165. As soon as possible after publication of the notice provided for in section 162, the clerk or secretary-treasurer of each municipality shall give public notice of the annexation.

1988, c. 19, s. 165.

DIVISION VII TRANSITIONAL PROVISIONS

166. In the case of total annexation, the annexing municipality succeeds to the rights and obligations of the municipality affected by the annexation.

The annexing municipality becomes, without continuance of suit, a party to all proceedings in the place and stead of the municipality affected by the annexation.

1988, c. 19, s. 166.

167. (Repealed).

1988, c. 19, s. 167; 1990, c. 47, s. 12; 1993, c. 3, s. 139; 1993, c. 65, s. 53.

168. All by-laws, resolutions or other acts adopted by the municipality affected by the annexation remain in force in the annexed area until the date they cease to have effect as provided, until their objects are attained or until they are replaced or repealed.

They are deemed to be by-laws, resolutions or acts of the annexing municipality.

The first two paragraphs do not apply to loan by-laws in the case of a partial annexation.

1988, c. 19, s. 168.

169. Every act performed in respect of the annexed area by the municipality affected by the annexation shall retain its effects to the extent that it remains expedient.

Every such act is deemed to be an act of the annexing municipality.

1988, c. 19, s. 169.

170. Any proceeding for the sale of an immovable for non-payment of taxes, or for the repurchase or redemption thereof, commenced before the date of coming into force of the by-law shall be continued by the person who initiated it, in accordance with the legislative provisions applicable in the municipality on the day preceding that date.

1988, c. 19, s. 170.

171. In case of the annexation of the whole territory of a municipality, the values entered on the property assessment roll or on the roll of rental values in force in the annexed area shall be adjusted from the date of coming into force of the annexation.

The adjustment shall be made as follows: the values entered on any roll are divided by the median proportion of the roll and multiplied by that of the roll of the annexing municipality. In the case of rolls coming into force on the same date, the median proportions used are those established for the first of the fiscal years for which they apply. Where such is not the case, the median proportions used are those established for the fiscal year in which the schedule comes into force.

In case of the annexation of only part of the territory of a municipality or the annexation of an unorganized territory, the first and second paragraphs apply to the values of the immovables or business establishments situated in the annexed area.

This section applies to the rolls of the fiscal year in which the annexation comes into force. It also applies to the rolls of any subsequent fiscal year if no property assessment roll or roll of rental values taking the annexation into account is filed according to law at the office of the clerk or secretary-treasurer of the annexing municipality.

An annexation does not alter the frequency which applies to any municipality whose territory is affected by the annexation with regard to the deposit and equilibration of its rolls.

1988, c. 19, s. 171; 1988, c. 76, s. 92; 1990, c. 47, s. 13; 1991, c. 32, s. 249; 1999, c. 40, s. 202.

172. Notwithstanding section 171, adjusted values shall not be used in computing the taxes imposed by the municipality affected by the annexation where the rate of property taxes is already fixed, but not in force, on the day of the coming into force of the annexation.

1988, c. 19, s. 172; 1999, c. 40, s. 202.

173. The roll in force in the annexing municipality together with the rolls or parts of roll amended pursuant to section 171 shall constitute the roll of the annexing municipality for the relevant fiscal year.

1988, c. 19, s. 173.

173.1. The officers and employees of a municipality whose territory is annexed in its entirety shall become, without salary reduction, officers and employees of the annexing municipality and shall retain their seniority and employee benefits.

No officer or employee may be laid off or dismissed by reason of the annexation.

2000, c. 27, s. 2.

174. Any part of the territory of a municipality which, prior to the date of the coming into force of the annexation, is situated within the territory of more than one regional county municipality shall form part of the territory of the regional county municipality in which the annexing municipality was situated before the annexation.

1988, c. 19, s. 174.

175. For the purpose of determining whether a person is qualified as an elector, a candidate or a qualified voter at an election or a referendum in the territory of the annexing municipality, any period, prior to the annexation, during which the person was resident, continuously or not, in the annexed territory or was the owner of an immovable or the occupant of a business establishment situated in that territory shall be counted as if the person had been a resident, owner or occupant in the territory of the annexing municipality from the beginning of that period.

1988, c. 19, s. 175; 1999, c. 25, s. 90; 1999, c. 40, s. 202.

176. The provisions of this division apply subject to the provisions of the agreement and to the conditions applicable to the annexation contained in the by-law.

1988, c. 19, s. 176; 1990, c. 47, s. 14; 1993, c. 65, s. 54.

CHAPTER V.1 EFFECTS OF AMALGAMATION OR TOTAL ANNEXATION ON LABOUR RELATIONS

176.1. The purpose of this chapter is to ensure, in applying the Labour Code (chapter C-27), expeditious determination of bargaining units and certified associations following an amalgamation, to facilitate the resolution of difficulties arising, in particular, from the simultaneous application of conditions of employment that differ for the groups of employees of municipalities that ceased to exist on the amalgamation and to establish general rules concerning the negotiations and arbitration of disputes relating to the making of the first collective agreements to which the municipality resulting from the amalgamation is a party.

The provisions of the Labour Code apply with the necessary modifications to the extent that the provisions are not inconsistent with the provisions of this chapter.

The Commission des relations du travail, established by the Labour Code (chapter C-27), after being seized of an application for certification, and an arbitrator responsible for determining the content of a first collective agreement may, for the purposes of the decision or award they are to render, rule on any question arising from the application of the second paragraph.

2000, c. 27, s. 3; 2001, c. 26, s. 151.

176.2. A comprehensive agreement on the description of the bargaining units may be made by the municipality resulting from the amalgamation, the associations certified in respect of the employees of the municipalities that ceased to exist on the amalgamation and, where applicable, any association of employees having presented, within the time applicable under any of paragraphs c to e of section 22 of the Labour Code (chapter C‐27) and in respect of a group of employees of a municipality that ceased to exist on the amalgamation, an application for certification that is pending on the date of the coming into force of the order relating to the amalgamation.

No such agreement shall operate to include firefighters in a bargaining unit that is not composed exclusively of firefighters.

The expression “comprehensive agreement” means, as the case may be, the comprehensive agreement on the description of the bargaining unit for police officers or for firefighters, or the comprehensive agreement on the description of the bargaining units for all the other groups of employees.

2000, c. 27, s. 3; 2000, c. 56, s. 174.

176.3. The associations described in section 176.2 may agree on the designation of one of them to represent a group of employees covered by a bargaining unit described in an agreement made under that section.

2000, c. 27, s. 3.

176.4. An agreement made under section 176.2 or 176.3 must be evidenced in writing and a copy of the agreement must be transmitted as soon as possible to the Commission.

2000, c. 27, s. 3; 2001, c. 26, s. 151.

176.5. The Commission, after being seized of an agreement made under section 176.3, shall certify the association designated in the agreement.

If, however, the agreement concerns a bargaining unit in which at least 40% of the employees were not represented by a certified association on the date of the coming into force of the order, the Commission must ascertain the representativeness of the designated association by holding a vote by secret ballot before granting certification. The vote may be held using an electronic voting system. The choice of the electronic voting system and the rules respecting the conduct of the polling shall be determined by the Commission.

The Commission shall render a decision within 180 days after the date of the coming into force of the order.

2000, c. 27, s. 3; 2001, c. 25, s. 144; 2001, c. 26, s. 151.

176.6. If no agreement on the description of the bargaining units is made within the 45-day period following the date of the coming into force of the order, the municipality may make an application to the Commission requesting it to determine the description.

2000, c. 27, s. 3; 2001, c. 25, s. 145; 2001, c. 26, s. 151.

176.7. An association described in section 176.2 may, within the 30-day period following the expiry of the period provided for in section 176.6, make an application to the Commission requesting certification in respect of a group of employees of the municipality. However, where an agreement is made under that section, the application is receivable only if the group of employees it covers corresponds to a bargaining unit described in the agreement.

The application must be accompanied by a copy of the decision, if any, granting the certification, before the date of the coming into force of the order, to the association in respect of all or part of the group of employees covered by the association’s request, or by the application for certification previously made for that purpose by the association before that date.

2000, c. 27, s. 3; 2001, c. 26, s. 151.

176.8. Where the Commission considers it appropriate to do so, it may at any time designate a person and request that person to attempt to bring the municipality and the associations concerned to agree on the description of the bargaining units and the associations concerned to agree on the designation of an association to represent a group of employees covered by a bargaining unit.

2000, c. 27, s. 3; 2001, c. 26, s. 151.

176.9. The Commission, after being seized of an application pursuant to section 176.6 or 176.7, shall render a decision within 180 days from the date of the coming into force of the order.

The Commission’s decision may, in particular, address a matter relating to the inclusion of persons in or the exclusion of persons from a bargaining unit.

Before rendering a decision, the Commission shall allow the interested parties to make representations in the manner it considers appropriate. The Commission is not bound to call the parties to a hearing.

The municipality and the association of employees having presented an application for certification in respect of the group of employees covered by a bargaining unit are the interested parties in relation to any matter concerning the description of the bargaining unit or the persons it covers.

In rendering a decision, the Commission is bound by any agreement under section 176.2. Subject to the first paragraph of section 176.5, the Commission must, however, ascertain the representativeness of the associations having presented an application, by a vote by secret ballot which may be held using an electronic voting system. Where there is only one association having presented an application, the Commission shall certify that association unless the Commission considers it necessary to first verify its representativeness by holding a vote by secret ballot or a vote using an electronic voting system, in particular where at least 40% of the employees in the bargaining unit the Commission considers appropriate were not represented by a certified association on the date of coming into force of the order.

The Commission may, having regard to the circumstances and the interests of the parties, extend the time period provided for in the first paragraph.

2000, c. 27, s. 3; 2001, c. 25, s. 146; 2001, c. 26, s. 151.

176.10. As of the date of the coming into force of the order,

(1)  the following are terminated:

(a)  any procedure to obtain certification in respect of a group of employees of a municipality that ceased to exist on amalgamation;

(b)  any dispute arbitration and any negotiation to make, renew or review a collective agreement involving a municipality that ceased to exist on amalgamation;

(2)  the conditions of employment of the employees concerned by the procedure, arbitration or negotiation are the conditions of employment maintained pursuant to section 59 of the Labour Code (chapter C‐27); and

(3)  the application of section 22 of the Code is, subject to section 176.7 of this Act, suspended as regards every group of employees of the municipality.

In the case of paragraph a of section 22, the suspension terminates 75 days after the date of the coming into force of the order; in the case of the other provisions of section 22, the suspension terminates nine months after the first anniversary of that date.

2000, c. 27, s. 3; 2001, c. 68, s. 74.

176.11. Where an interested party makes a motion to the Commission seeking a ruling on a question or the settlement of a difficulty referred to in section 46 of the Labour Code (chapter C‐27) arising out of the simultaneous application of conditions of employment that differ for the groups of employees of municipalities that ceased to exist on amalgamation, the Commission must give priority to the matter.

The Commission may make a ruling on the question or settle the difficulty in the manner it considers most appropriate. The decision of the Commission cannot be appealed.

2000, c. 27, s. 3; 2001, c. 26, s. 151.

176.12. As of the date of the coming into force of the order, the exercise by the employees of the municipality of their right to strike is suspended until the ninetieth day following the first anniversary of that date.

2000, c. 27, s. 3.

176.13. Every collective agreement binding upon a municipality that ceased to exist on amalgamation expires on the date provided for its expiry or on the date of the first anniversary of the coming into force of the order, whichever is earlier.

Where a collective agreement expires on the latter date, the only conditions of employment to be maintained pursuant to section 59 of the Labour Code (chapter C-27) are the conditions of employment in force on that date.

However, the Government may by order prescribe that the conditions of employment of any collective agreement it determines, in force on the date of coming into force of the amalgamation order or the maintenance of which, on that date, is provided for in section 59 of the Labour Code (chapter C-27), continue to apply, as of that date, to the employees bound by the collective agreement, but in the territory of the municipality described in the amalgamation order.

2000, c. 27, s. 3; 2001, c. 25, s. 147.

176.14. Unless the parties agree to start negotiations to make a new collective agreement on an earlier date, the notice provided for in section 52 of the Labour Code (chapter C‐27) may not be given before the date of the first anniversary of the coming into force of the order and section 52.2 of the Code shall not apply in its respect.

Such an agreement must be evidenced in writing and a copy of the agreement must be transmitted as soon as possible to the Minister of Labour.

The parties may agree on a term of more than three years for a collective agreement.

2000, c. 27, s. 3; 2000, c. 56, s. 175.

176.15. At any time after a conciliator has intervened, a party to the negotiations to make a first collective agreement in respect of a group of employees of the municipality may request the Minister of Labour in writing to apply the modes of settlement hereinafter provided for to the dispute. A copy of the request must be forwarded at the same time to the other party.

In such a case, the Minister may, where the Minister is of the opinion that the conciliator’s intervention has been unsuccessful, appoint a mediator from a list specially drawn up by the Minister for the purposes of this chapter.

2000, c. 27, s. 3; 2000, c. 56, s. 176.

176.16. The mediator has 45 days to attempt to bring the parties to an agreement. The Minister may, only once and at the request of the mediator, extend the period of mediation by not more than 15 days.

2000, c. 27, s. 3.

176.17. If there is no agreement at the expiry of the period of mediation, the mediator shall give the parties a report specifying the matters on which there has been agreement and the matters which are still in dispute. The mediator may, where considered appropriate by the mediator, make a recommendation to the parties with a view to settling the dispute. The mediator shall also submit a copy of the report to the Minister with comments and a recommendation as to the arbitration of the dispute.

Where the mediator has made a recommendation to the parties, the recommendation must be submitted to the municipality for approval and be submitted to the group of employees concerned for a secret ballot to be held in accordance with the provisions of Division II of Chapter II of the Labour Code (chapter C‐27).

The municipality must inform the Minister of its decision and the certified association must inform the Minister of the result of the vote.

2000, c. 27, s. 3.

176.18. Where, in the opinion of the Minister, there is no likelihood of the parties reaching agreement on a collective agreement within a reasonable time, the Minister may request the mediator to arbitrate the dispute. The Minister shall so inform the parties.

2000, c. 27, s. 3.

176.19. Section 76, the first paragraph of section 80, sections 81 to 89, 91 to 93, 93.5 and 93.7 of the Labour Code (chapter C-27) and sections 176.20 to 176.21 of this Act apply to the arbitration.

Notwithstanding section 81 of that Code, the arbitrator shall hear the dispute within 210 days following the date of the notice given by the Minister pursuant to section 176.18. If the Minister considers that exceptional circumstances so warrant, the Minister may, at the request of the arbitrator, grant an extension for such time as is determined by the Minister.

The arbitrator must render an award within the earlier of 60 days after the last arbitration sitting and 60 days after the lapse of the period specified in the second paragraph. If the Minister considers that exceptional circumstances so warrant, the Minister may, at the request of the arbitrator, extend the period within which the award must be rendered for such time as is determined by the Minister.

No award shall take effect until the filing at one of the offices of the Commission of a copy of the award. Such filing has retroactive effect to the date provided in the award for its coming into force or, failing such date, to the date it bears.

2000, c. 27, s. 3; 2000, c. 56, s. 177; 2001, c. 26, s. 151; 2001, c. 68, s. 75; 2001, c. 26, s. 151.

176.20. In making an award, the arbitrator must take into consideration, on the basis of the evidence collected at the inquiry, the conditions of employment of the other employees of the municipality, the conditions of employment prevailing in similar municipalities or in similar circumstances, the situation in Québec and the wage and economic prospects for Québec.

No arbitration award shall operate to guarantee a minimum workforce for a group of employees that did not have such a guarantee, to increase the minimum workforce guaranteed for a group of employees that had such a guarantee or to increase the workforce formed by the employees covered by the bargaining unit.

2000, c. 27, s. 3; 2000, c. 56, s. 178.

176.20.1. Where, to settle a matter in dispute, the arbitrator harmonizes different conditions of employment applied to the employees covered by the award, the harmonization alone shall not operate to increase the total of the municipality’s annual expenditures related, in respect of those employees, to remuneration and to employee benefits of the following nature:

(1)  wages, bonuses, allowances and income replacement indemnities;

(2)  contributions of the municipality, as an employer, to pension plans and group insurance plans and to public plans such as health insurance, employment insurance and the Québec Pension Plan;

(3)  contributions paid to the Commission de la santé et de la sécurité du travail and to the Commission des normes du travail;

(4)  other employee benefits such as redemption of sick-leave days, vacation bonuses, moving costs, and free room and board.

2000, c. 56, s. 179.

176.21. Where the arbitration award contains a provision relating to a pension plan, the arbitrator shall forward a copy to the administrator of the plan and to the Régie des rentes du Québec.

2000, c. 27, s. 3.

176.22. Sections 176.15 to 176.18 and the first, second and third paragraphs of section 176.19 do not apply to a dispute relating to the negotiation to make a first collective agreement for a group of employees made up of police officers or firefighters.

The settlement of such a dispute is governed by sections 94 to 99.4 and 99.7 to 99.9 of the Labour Code (chapter C-27), except section 90, and by the fourth paragraph of section 176.19 and sections 176.20 to 176.21 of this Act.

Notwithstanding section 81 of that Code, the arbitrator shall hear the dispute within 210 days following the date of the notice the arbitrator has given to the parties and to the Minister pursuant to section 99.1.1 of that Code. If the Minister considers that exceptional circumstances so warrant, the Minister may, at the request of the arbitrator, grant an extension for such time as is determined by the Minister.

The arbitrator must render an award within the earlier of 60 days after the last arbitration sitting and 60 days after the lapse of the period specified in the third paragraph. If the Minister considers that exceptional circumstances so warrant, the Minister may, at the request of the arbitrator, extend the period within which the award must be rendered for such time as is determined by the Minister.

2000, c. 27, s. 3; 2000, c. 56, s. 180; 2001, c. 68, s. 76.

176.23. The provisions of this chapter apply, with the necessary modifications, in the case of a total annexation.

Those provisions also apply, with the necessary modifications, in the case of an amalgamation of municipal housing bureaus that comes into force between 16 June 2000 and 16 June 2004 and in the case of a transfer of employees and officers from any municipal or supramunicipal body to a metropolitan community or to a municipality resulting from the amalgamation that occurs during that period.

The Government may, however, by order, having regard to the objects of this chapter, wholly or partially exempt the parties referred to in section 176.2 from the application of this chapter.

2000, c. 27, s. 3; 2000, c. 56, s. 181.

176.24. The provisions of this chapter apply in the case of an amalgamation or a total annexation that comes into force between 16 June 2000 and 16 June 2004.

2000, c. 27, s. 3.

176.25. Notwithstanding any other provision, no party to a pension plan established by a by-law of a municipality that will cease to exist on an amalgamation, or an urban community or any other municipal or supramunicipal body involved in an amalgamation may terminate the plan unless the formalities concerning recommendation and approval that apply to a by-law amending the by-law establishing the plan are observed.

2000, c. 56, s. 182.

176.26. Notwithstanding any other provision, the assets and liabilities of a pension plan established by a by-law of a municipality that ceased to exist on amalgamation, an urban community or any other municipal or supramunicipal body involved in an amalgamation may not be wholly or partly amalgamated with those of another pension plan unless the by-law establishing the plan had first been amended to that effect and the formalities concerning recommendation and approval that apply in respect of a by-law amending the by-law establishing the plan have been observed.

2000, c. 56, s. 182.

176.27. The time limit provided for in section 37 of the Pay Equity Act (chapter E‐12.001) does not apply in respect of

(1)  municipalities having made a joint application for amalgamation before 21 November 2001 in accordance with section 86 of this Act;

(2)  municipalities having received the writing referred to in section 125.2 of this Act before 21 November 2001;

(3)  municipalities mentioned in a notice published pursuant to section 125.6 of this Act before 21 November 2001;

(4)  an urban community and the municipalities subject to the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais (2000, chapter 56), effective 15 November 2000;

(5)  municipal housing bureaus that amalgamated before 21 November 2001 or in respect of any existing municipal bureau referred to in section 254 of the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais ;

(6)  a municipality as regards employees of any municipal or supramunicipal body who have been transferred to the municipality.

The Minister of Municipal Affairs and Greater Montréal shall transmit a copy of the application mentioned in subparagraph 1 or of the notice mentioned in subparagraphs 2 and 3 of the first paragraph to the Commission de l’équité salariale.

2000, c. 56, s. 182; 2001, c. 25, s. 148.

176.28. The date or the time period by or in which the provisions of section 37 of the Pay Equity Act (chapter E-12.001) must be complied with is

(1)  21 November 2005 for a municipality mentioned in subparagraphs 1 to 3 of the first paragraph of section 176.27 if no amalgamation order has come into force in its respect before 16 June 2004 or, as the case may be, 18 months from the date of the notice given by the Minister of Municipal Affairs and Greater Montréal informing the municipality that it will not be amalgamated;

(2)  36 months from the date of the determination of the last bargaining unit

(a)  for a municipality that succeeds to the municipalities referred to in subparagraphs 1 to 3 of the first paragraph of section 176.27;

(b)  for the municipal housing bureau that succeeds to the municipal housing bureaus that have ceased to exist; and

(c)  for a municipality referred to in subparagraph 6 of the first paragraph of section 176.27; and

(3)  48 months for the city that succeeds to the municipalities referred to in subparagraph 4 of the first paragraph of section 176.27.

Notwithstanding the time periods fixed in subparagraphs 1 to 3, the salary compensations required to achieve pay equity must have been determined or a pay equity plan must have been completed not later than 21 November 2005.

The Minister of Municipal Affairs and Greater Montréal shall transmit a copy of the notice given under subparagraph 1 of the first paragraph to the Commission de l’équité salariale.

2000, c. 56, s. 182.

176.29. Notwithstanding the provisions of the first paragraph of section 71 of the Pay Equity Act (chapter E-12.001), the employer shall pay the salary compensations in full or, as the case may be, the first salary compensations on the date or on the expiry of the time period fixed in the first and second paragraphs of section 176.28. The compensations are retroactive to 21 November 2001 and may, for the purpose of calculating the amount of the compensations to be paid, be spread, having regard to the provisions of section 70 of that Act, over a period between 21 November 2001 and 21 November 2005.

2000, c. 56, s. 182.

176.30. Every person who contravenes section 176.29 is guilty of an offence and is liable to a fine of not less than $1,000 and not more than $25,000.

Sections 115 to 118 of the Pay Equity Act (chapter E‐12.001) apply, with the necessary modifications, to the offence.

2000, c. 56, s. 182.

CHAPTER VI RECTIFICATION OF TERRITORIAL BOUNDARIES

DIVISION I SCOPE

177. For the purposes of this chapter, a metropolitan community and the Kativik Regional Government shall be regarded as regional county municipalities and their secretaries shall be regarded as secretary-treasurers.

1988, c. 19, s. 177; 1990, c. 85, s. 122; 2000, c. 56, s. 218.

DIVISION II RECTIFICATION OF BOUNDARIES

178. The Government may, by order, rectify the territorial boundaries of a local municipality where the description thereof is erroneous or imprecise, does not mention the perimeter or does not include an unorganized territory not under the jurisdiction of a regional county municipality, where one of the boundaries is a thoroughfare or water or where a municipality has acted without right in a territory not subject to its jurisdiction.

1988, c. 19, s. 178; 1993, c. 65, s. 55.

179. Before recommending to the Government that it rectify the boundaries, the Minister of Municipal Affairs and Greater Montréal shall transmit to the municipality affected a written notice containing the proposed rectification and a statement to the effect that the municipality may submit its opinion on the proposed rectification to the Minister in writing.

The Minister shall also transmit the notice to the secretary-treasurer of the regional county municipality in which the territory affected by the proposed rectification is situated.

The clerk or secretary-treasurer of the municipality shall supply the Minister with any information which he requires concerning the rectification.

1988, c. 19, s. 179; 1993, c. 65, s. 56; 1999, c. 43, s. 13.

180. Not later than 60 days after receiving the notice, the local municipality may submit its opinion of the proposed rectification to the Minister in writing.

Within the same period, the regional county municipality shall submit its opinion to the Minister in writing, failing which its approval is presumed.

1988, c. 19, s. 180; 1993, c. 65, s. 57.

181. As soon as possible after being so required by the Minister, the clerk or secretary-treasurer of the local municipality shall publish in a newspaper circulated in the municipality a notice containing

(1)  the description of the rectified territorial boundaries prepared by a land surveyor or a map or sketch showing the proposed rectification;

(2)  a statement to the effect that any person may submit his objection to the proposed rectification to the Minister in writing, within 60 days of publication of the notice;

(3)  the address of the place where objections must be sent.

The clerk or secretary-treasurer shall transmit a certified copy of the notice to the Minister as soon as possible after its publication, with proof of the date of publication.

1988, c. 19, s. 181.

182. Any person may, within 60 days of publication of the notice, submit his objection to the proposed rectification to the Minister in writing.

1988, c. 19, s. 182.

183. The Minister shall notify the local municipality in writing of every objection received within the prescribed time.

1988, c. 19, s. 183; 1993, c. 65, s. 58.

184. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the proposed rectification.

1988, c. 19, s. 184.

185. After the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the regional county municipality and to the local municipality affected by the proposed rectification.

1988, c. 19, s. 185; 1993, c. 65, s. 59.

186. The Minister may order the consultation of the qualified voters either of the local municipality concerned or of the territory to be transferred as a result of the rectification.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2). In the case of a consultation of the qualified voters of the territory to be transferred as a result of the rectification, the Minister shall determine which municipality will conduct the referendum poll.

The referendum poll shall be held on the date fixed by the Minister.

The question appearing on the ballot paper shall be as follows: “Do you approve the proposed rectification of the territorial boundaries of your municipality?”.

The statement of the final results of the poll shall be transmitted to the Minister as soon as possible.

The Minister shall determine who will pay the expenses incurred for or by reason of the consultation.

1988, c. 19, s. 186; 1993, c. 65, s. 60.

187. The order rectifying the territorial boundaries of the municipality comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

The order must contain a description of the rectified boundaries. The description shall be the description prepared by the Minister of Natural Resources.

1988, c. 19, s. 187; 1993, c. 65, s. 61; 1994, c. 13, s. 15.

188. The rectification may have effect retroactively.

The order must, in that case, contain any description of territorial boundaries which applies from the date it becomes effective and indicate the period during which the description is deemed to have applied.

1988, c. 19, s. 188.

189. The rectification shall not affect cases pending on the day on which the local municipality receives the notice provided for in section 179.

Where the notice provided for in the first paragraph is received on different dates by two or more municipalities, the date to be considered for the purposes of the said paragraph is the earliest of such dates.

1988, c. 19, s. 189.

190. As soon as possible after publication of the order, the clerk or secretary-treasurer of the municipality whose territorial boundaries are rectified shall give public notice of the publication in the municipality.

1988, c. 19, s. 190.

CHAPTER VII VALIDATION OF ACTS

DIVISION I APPLICATION

191. For the purposes of this chapter, a metropolitan community and the Kativik Regional Government shall be regarded as regional county municipalities and their secretaries shall be regarded as secretary-treasurers.

1988, c. 19, s. 191; 1990, c. 85, s. 122; 2000, c. 56, s. 218.

DIVISION II VALIDATION

192. The Government may, by order, validate any act performed without right by a municipality in respect of a territory not subject to its jurisdiction.

The Government may also determine conditions applicable to the termination of the administration of the affairs of the said territory by the municipality.

1988, c. 19, s. 192; 1993, c. 3, s. 140; 1993, c. 65, s. 62.

193. The Minister of Municipal Affairs and Greater Montréal shall transmit to the municipality a written notice containing a proposal to validate the acts performed by it and, as the case may be, to terminate the administration of the affairs of a territory not subject to its jurisdiction. The notice shall also contain a statement to the effect that the municipality may inform the Minister in writing of its opinion on the proposal.

He shall also transmit the notice to the local municipality and to the regional county municipality whose territory is affected by the proposed validation.

Where the Minister intends to recommend to the Government to validate acts at the time of a rectification of territorial boundaries, the statements provided for in the first paragraph must be contained in the notice provided for in section 179 and, as the case may be, section 181.

1988, c. 19, s. 193; 1993, c. 65, s. 63; 1999, c. 43, s. 13.

193.1. The municipality which receives the notice from the Minister shall continue to act in the territory not subject to its jurisdiction until the order comes into force or, where applicable, as provided by the conditions for terminating the administration of the affairs of the territory by the municipality.

1993, c. 65, s. 64.

194. Not later than 60 days after receiving the notice, the local municipality may submit its opinion on the validation proposal to the Minister in writing.

Within the same period, the regional county municipality shall submit its opinion to the Minister in writing, failing which its approval is presumed.

1988, c. 19, s. 194; 1993, c. 65, s. 65.

195. Sections 181 to 185, adapted as required, apply to a validation proposal even if not made at the time of an application for the rectification of territorial boundaries.

For the purposes of subparagraph 1 of section 181, the notice must state, in general terms, that the object of the proposal is to validate all the acts performed without territorial jurisdiction by the municipality.

1988, c. 19, s. 195.

196. Following a validation under section 192, no allegation of illegality may be raised against acts performed by the municipality on the ground that the municipality had no jurisdiction over the territory concerned.

The validation shall not affect cases pending on the day on which the local municipality receives the notice provided for in section 193.

Where the notice referred to in the second paragraph is received on different dates by two or more municipalities, the date to be considered for the purposes of the second paragraph is the earliest of such dates.

1988, c. 19, s. 196.

197. The order to validate the acts performed by the municipality and, as the case may be, to terminate the administration of the affairs of the territory concerned by the municipality comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1988, c. 19, s. 197.

198. All by-laws, resolutions or other acts adopted by the municipality in respect of a territory not subject to its jurisdiction remain in force in the said territory, except where they are inconsistent with the conditions applicable to the termination of the administration of the affairs of the territory, until the date they cease to have effect as provided, until their objects are attained or until they are replaced or repealed.

They are deemed to be the by-laws, resolutions or acts of the municipality having jurisdiction over the territory concerned.

1988, c. 19, s. 198.

199. Every act performed by the municipality in respect of the territory not subject to its jurisdiction retains its effects in the said territory to the extent that it remains expedient, except where it is inconsistent with the conditions applicable to the termination of the administration of the affairs of the territory.

Every such act is deemed to be an act of the municipality having jurisdiction over the territory concerned.

1988, c. 19, s. 199.

CHAPTER VIII TERRITORY SITUATED IN WATER

1993, c. 65, s. 66.

DIVISION I SCOPE

200. For the purposes of this chapter, a metropolitan community and the Kativik Regional Government shall be regarded as regional county municipalities and their secretaries shall be regarded as secretary-treasurers.

1988, c. 19, s. 200; 1990, c. 85, s. 122; 2000, c. 56, s. 218.

DIVISION II BY-LAW

201. The council of a local municipality whose territory is bounded by a line running into a body of water may, by by-law, apply to the Minister of Municipal Affairs and Greater Montréal for a change in the boundaries of its territory in order to extend it into the water or to reduce any part thereof which is situated in the water.

1988, c. 19, s. 201; 1993, c. 65, s. 67; 1999, c. 43, s. 13.

202. The by-law must contain a description of the proposed territorial boundaries prepared by a land surveyor.

1988, c. 19, s. 202; 1990, c. 47, s. 15.

203. The clerk or secretary-treasurer of the municipality shall transmit a certified copy of the by-law to the secretary-treasurer of the regional county municipality in which the municipality is situated.

A duplicate of a land surveyor’s plan must be attached to the copy of the by-law.

1988, c. 19, s. 203.

204. Not later than 60 days after receiving copy of the by-law, the regional county municipality shall transmit its opinion on the application for an extension or reduction of territory, failing which its approval is presumed.

The secretary-treasurer of the regional county municipality shall transmit a certified copy of the resolution of the council to the clerk or secretary-treasurer of the municipality.

Where applicable, the clerk or secretary-treasurer of the municipality shall draw up a certificate attesting the failure of the regional county municipality to transmit its opinion.

1988, c. 19, s. 204; 1993, c. 65, s. 68; 1997, c. 93, s. 140.

205. The clerk or secretary-treasurer of the municipality shall transmit a certified copy of the by-law to the Minister together with any other document which the Minister may require.

The clerk or secretary-treasurer shall supply the Minister with any information which he requires concerning the by-law.

1988, c. 19, s. 205; 1993, c. 65, s. 69.

DIVISION III DECISION OF THE MINISTER

206. The Minister may, by order, grant the request.

The plan referred to in section 203 must be approved by the Minister of Natural Resources before the order is made.

1988, c. 19, s. 206; 1993, c. 65, s. 70; 1994, c. 13, s. 15.

207. The Minister shall publish in the Gazette officielle du Québec a notice of his decision to amend the description of the territorial boundaries of the municipality.

The notice must include a description of the territorial boundaries. The description shall be the description prepared by the Minister of Natural Resources.

1988, c. 19, s. 207; 1994, c. 13, s. 15.

208. The decision shall come into force on the date of publication of the notice or on any later date indicated therein.

1988, c. 19, s. 208.

209. As soon as possible after publication of the notice, the clerk or secretary-treasurer of the municipality shall give public notice of the publication in the municipality.

1988, c. 19, s. 209.

CHAPTER IX REVISED DESCRIPTION OF TERRITORIAL BOUNDARIES

210. The council of a local municipality may ask the Minister of Natural Resources to revise the description of its territorial boundaries.

The resolution requesting a revision shall contain a description of the territorial boundaries of the municipality, prepared by a land surveyor.

1988, c. 19, s. 210; 1993, c. 65, s. 71; 1994, c. 13, s. 15.

210.1. The clerk or secretary-treasurer of the municipality shall transmit to the Minister of Natural Resources a certified copy of the resolution, accompanied with the originals of the description of the territorial boundaries of the municipality and the plan, prepared by a land surveyor.

The clerk or secretary-treasurer shall supply the Minister with any information which he requires concerning the resolution.

1993, c. 65, s. 71; 1994, c. 13, s. 15.

210.2. The Minister of Natural Resources shall publish in the Gazette officielle du Québec a notice of the description he has prepared of the territorial boundaries of the municipality.

1993, c. 65, s. 71; 1994, c. 13, s. 15.

210.3. From the date of publication of the notice, the description of the territorial boundaries of the municipality is the description prepared by the Minister of Natural Resources.

1993, c. 65, s. 71; 1994, c. 13, s. 15.

CHAPTER X CHANGE OF LEGISLATIVE AUTHORITY

1996, c. 2, s. 753.

210.3.1. The Minister of Municipal Affairs and Greater Montréal may, at the request of a local municipality governed by the Municipal Code of Québec (chapter C-27.1), order that it be governed by the Cities and Towns Act (chapter C-19).

1996, c. 2, s. 753; 1999, c. 43, s. 13.

210.3.2. The secretary-treasurer of the municipality shall transmit to the Minister a certified copy of the resolution authorizing the presentation of an application for a change of legislative authority.

1996, c. 2, s. 753.

210.3.3. The secretary-treasurer shall publish, in a newspaper distributed in the territory of the municipality, a notice containing

(1)  the proposed change of legislative authority;

(2)  a statement to the effect that any person may submit his objection to the application for a change of legislative authority to the Minister in writing, within 30 days of publication of the notice;

(3)  the address of the place where objections must be sent.

The secretary-treasurer shall transmit a certified copy of the notice to the Minister as soon as possible after its publication with proof of the date of publication.

1996, c. 2, s. 753.

210.3.4. Any person may submit his objection to the application for a change of legislative authority to the Minister in writing within 30 days of publication of the notice.

1996, c. 2, s. 753.

210.3.5. The Minister shall notify the municipality in writing of every objection received within the prescribed time.

1996, c. 2, s. 753.

210.3.6. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the application for a change of legislative authority.

1996, c. 2, s. 753.

210.3.7. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the municipality.

1996, c. 2, s. 753.

210.3.8. The Minister may order the consultation of the qualified voters of the municipality. The consultation shall be made by way of a referendum poll in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2). Expenses incurred by reason of the consultation shall be paid by the municipality.

The referendum poll shall be held on the date fixed by the Minister.

The statement of the final results of the poll must be transmitted to the Minister as soon as possible.

1996, c. 2, s. 753.

210.3.9. Any decision of the Minister ordering a change of legislative authority may prescribe conditions governing such a change.

1996, c. 2, s. 753.

210.3.10. The Minister shall publish notice of his decision to order a change of legislative authority in the Gazette officielle du Québec.

The municipality shall cease to be governed by the Municipal Code of Québec (chapter C-27.1) and begin to be governed by the Cities and Towns Act (chapter C-19), subject to any condition prescribed by the Minister, from the date of publication of the notice or from any later date indicated therein.

1996, c. 2, s. 753.

210.3.11. As soon as possible after the municipality begins to be governed by the Cities and Towns Act (chapter C-19), the clerk shall give public notice thereof.

1996, c. 2, s. 753.

210.3.12. An application for a change of legislative authority may be combined with an application for a change of name.

An application for a change of name filed by a local municipality governed by the Municipal Code of Québec (chapter C-27.1) the purpose of which is to substitute the word “Ville” for another word is inadmissible if it is not combined with an application for a change of legislative authority.

1996, c. 2, s. 753.

TITLE II.1 REGIONAL COUNTY MUNICIPALITY

1993, c. 65, s. 71.

CHAPTER I SCOPE

1993, c. 65, s. 71.

210.4. This Title applies to the whole territory of Québec with the exception of the territory situated north of the fifty-fifth parallel and the territory described in the Schedule to the James Bay Region Development and Municipal Organization Act (chapter D-8.2).

1993, c. 65, s. 71; 2001, c. 61, s. 17; 2000, c. 56, s. 183.

CHAPTER II JURIDICAL PERSONALITY, NAME, POPULATION, TERRITORIAL JURISDICTION AND COMPOSITION OF THE COUNCIL

1993, c. 65, s. 71.

DIVISION I JURIDICAL PERSONALITY

1993, c. 65, s. 71.

210.5. A regional county municipality is a legal person in the public interest consisting of the inhabitants and ratepayers of the territory under its jurisdiction.

1993, c. 65, s. 71.

DIVISION II NAME

1993, c. 65, s. 71.

210.6. The name of a regional county municipality includes the words “Municipalité régionale de comté” and a place-name.

1993, c. 65, s. 71.

210.7. The name of a new regional county municipality shall be assigned by the Government by way of an order.

The Government may assign to a new regional county municipality a name that has not been approved by the Commission de toponymie. The place-name included in the name of the regional county municipality must be officialized as the name of the locality comprising the territory under the jurisdiction of the regional county municipality in accordance with the Charter of the French language (chapter C-11), as if it had been approved by the Commission.

1993, c. 65, s. 71.

210.8. The Minister of Municipal Affairs and Greater Montréal may, on an application therefor by a regional county municipality, change its name.

1993, c. 65, s. 71; 1999, c. 43, s. 13.

210.9. The secretary-treasurer of the regional county municipality shall transmit to the Commission de toponymie a certified copy of the resolution authorizing the presentation of an application for a change of name to enable the Commission to formulate an opinion on the proposed name.

Not later than 60 days after receiving copy of the resolution, the Commission shall transmit its opinion in writing to the secretary-treasurer of the regional county municipality, failing which the approval of the Commission is presumed.

Where applicable, the secretary-treasurer shall draw up a certificate attesting the failure of the Commission to transmit its opinion.

1993, c. 65, s. 71.

210.10. The secretary-treasurer of the regional county municipality shall transmit a certified copy of the resolution to the clerk or secretary-treasurer of any local municipality whose territory is comprised in that of the regional county municipality.

1993, c. 65, s. 71.

210.11. The secretary-treasurer of the regional county municipality shall transmit a certified copy of the resolution to the Minister of Municipal Affairs and Greater Montréal together with the opinion of the Commission de toponymie or the certificate of the secretary-treasurer attesting the failure of the Commission to transmit its opinion.

1993, c. 65, s. 71; 1999, c. 43, s. 13.

210.12. As soon as possible after being required to do so by the Minister, the secretary-treasurer of the regional county municipality shall publish, in a newspaper distributed in the regional county municipality, a notice containing

(1)  the proposed change of name;

(2)  a statement to the effect that any person may submit his objection to the application to the Minister in writing, within 30 days of publication of the notice;

(3)  the address of the place where objections must be sent.

He shall transmit a certified copy of the notice to the Minister as soon as possible after its publication, with proof of the date of publication.

1993, c. 65, s. 71.

210.13. Any person may submit his objection to the application to the Minister in writing within 30 days of publication of the notice.

1993, c. 65, s. 71.

210.14. The Minister shall notify the regional county municipality in writing of every objection received within the prescribed time.

1993, c. 65, s. 71.

210.15. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the application for a change of name.

1993, c. 65, s. 71.

210.16. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the council of the regional county municipality and to the Commission de toponymie.

1993, c. 65, s. 71.

210.17. The Minister may order the consultation of the qualified voters either of all the local municipalities whose territory is comprised in that of the regional county municipality, or of one or several of them.

The consultation shall be made by way of a referendum poll conducted by each local municipality concerned, in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister.

The statement of the final results of the poll must be transmitted to the Minister as soon as possible.

Expenses incurred by reason of the consultation shall be paid by the local municipality conducting it.

1993, c. 65, s. 71.

210.18. The Minister may approve the application for a change of name even if the name has not been approved by the Commission de toponymie.

The place-name included in the name of the regional county municipality must be officialized as the name of the locality comprising the territory under the jurisdiction of the regional county municipality in accordance with the Charter of the French language (chapter C-11), as if it had been approved by the Commission.

1993, c. 65, s. 71.

210.19. The Minister may, on the recommendation of the Commission de toponymie, correct, by order, the spelling of the name of a regional county municipality.

Not later than the sixtieth day preceding the date of publication of the notice provided for in section 210.20, the Minister shall notify in writing the regional county municipality of his intention to correct the spelling of its name.

1993, c. 65, s. 71.

210.20. The Minister shall publish a notice of the change of name or correction of spelling in the Gazette officielle du Québec.

The change of name or correction of spelling shall come into force on the date of publication of the notice or on any later date indicated therein.

1993, c. 65, s. 71.

210.21. As soon as possible after the coming into force of the decision, the secretary-treasurer of the regional county municipality shall give public notice of the change of name or of the correction of spelling.

1993, c. 65, s. 71.

DIVISION III POPULATION

1993, c. 65, s. 71.

210.22. The population of a regional county municipality is the total population of the local municipalities whose territories are comprised in that of the regional county municipality, including the population of any unorganized territory in respect of which the regional county municipality shall be regarded as a local municipality.

1993, c. 65, s. 71.

DIVISION IV TERRITORIAL JURISDICTION

1993, c. 65, s. 71.

210.23. Subject to any contrary legislative provision, a regional county municipality has jurisdiction over its territory.

1993, c. 65, s. 71.

DIVISION V COMPOSITION OF THE COUNCIL

1993, c. 65, s. 71.

210.24. The council of a regional county municipality is composed of the mayor of each local municipality whose territory is comprised in that of the regional county municipality and, where applicable, of any other representative of such local municipality, in accordance with the provisions of the order constituting the regional county municipality and with section 210.27.

However, in the case of a regional county municipality whose warden is elected in accordance with section 210.29.2, the council of the regional county municipality is composed of that warden, of the mayor of each local municipality whose territory is comprised in that of the regional county municipality and, where applicable, of any other representative of such local municipality, in accordance with the provisions of the order constituting the regional county municipality.

Any representative other than the mayor shall be appointed by the council of the local municipality from among its members.

If the mayor is absent, is unable or refuses to act, or if the office of mayor is vacant, the mayor shall be replaced on the council of the regional county municipality by a substitute designated by the council of the local municipality from among its members.

1993, c. 65, s. 71; 2001, c. 25, s. 149.

210.25. Subject to section 210.29.1, the council of the regional county municipality shall, at its first sitting, elect the warden in accordance with section 210.26 or section 210.26.1, as the case may be.

1993, c. 65, s. 71; 2001, c. 25, s. 150; 2002, c. 68, s. 36.

210.26. Subject to section 210.26.1, the warden shall be elected by the members of the council, from among those members who are mayors.

The election shall be held by secret ballot at a sitting of the council.

Each member shall mark as many ballot papers as he has votes, as provided for in section 202 of the Act respecting land use planning and development (chapter A-19.1).

The secretary-treasurer shall preside over the sitting until the warden is elected. He shall establish the nominating and voting procedure. Subject to the order constituting the regional county municipality, he shall declare elected the person who has obtained the number of votes corresponding to the absolute majority of the votes ascribed to the members of the council according to section 202 of the Act respecting land use planning and development. He shall hold as many ballots as are necessary in order to elect a warden; he may, at the beginning of the sitting, establish rules whereby the number of candidates will diminish with each ballot.

However, at the beginning of the sitting, the council may determine the circumstances in which a drawing of lots, rather than another round of voting, will be held in the case of a tie vote following a ballot. If such circumstances arise, the secretary-treasurer shall establish the procedure for the drawing of lots, hold the draw and declare the mayor who is favoured by the drawing of lots to be the warden.

1993, c. 65, s. 71; 2002, c. 68, s. 37.

210.26.1. Where, at the first sitting held after 18 December 2002 for the election of the warden 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), the warden could not be elected according to the rules prescribed in section 210.26, the holder of the office shall be determined in accordance with the rules prescribed in the following paragraphs.

The secretary-treasurer shall hold a drawing of lots at the following sitting to determine if the holder of the office is to be the mayor of the core city or if the holder of the office is to be elected from among the mayors of the other local municipalities. The result of the drawing of lots is valid for a period of two years.

If the drawing of lots determines that the holder of the office is to be the mayor of the core city, the latter shall be the warden by virtue of office unless he or she renounces the office immediately.

If the drawing of lots determines that the holder of the office is to be elected from among the mayors of the other local municipalities or if the mayor of the core city renounces the office of warden, the holder of the office shall be elected in accordance with the rules prescribed in section 210.26, having regard to the modification whereby the warden is chosen from among the mayors of the local municipalities other than the core city.

Upon the expiry of the period of two years, the successor of the holder of the office determined under the third or fourth paragraph shall be the mayor of the core city, where the warden whose term of office is ending is the mayor of a local municipality other than the core city, or be elected from among the mayors of the other local municipalities, where the warden whose term of office is ending is the mayor of the core city.

Upon the expiry of the period of two years following the period referred to in the fifth paragraph, the successor of the warden determined under that paragraph shall be elected in accordance with the rules prescribed in section 210.26. However, if, at the first sitting held for the election, a warden could not be elected, the rules prescribed in this section again apply.

2002, c. 68, s. 38.

210.27. The council of the local municipality whose mayor is elected warden may designate, from among its members, a person to replace the mayor as the representative of the municipality.

1993, c. 65, s. 71.

210.28. The term of office of the warden, as warden, is two years. However, it comes to an end, subject to the second paragraph, where he resigns from that office, is removed from office in accordance with the provisions of the fourth paragraph or ceases to be the mayor of a local municipality whose territory is comprised in that of the regional county municipality.

The mayor of the 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), when he or she is warden by virtue of office, may not resign or be removed from office under the fourth paragraph.

The resignation of the warden takes effect on the date of the receipt by the secretary-treasurer of the regional county municipality of a written communication to that effect, signed by the resigning warden, or on any subsequent date indicated therein.

The council of the regional county municipality may, by an absolute majority of the votes of its members, remove the warden from office. The council may, in that case, elect a new warden, at the same sitting, in accordance with section 210.26. However, where a warden who has been removed from office was elected as a result of the rules prescribed in section 210.26.1 being applied, the new warden must be elected, for the unexpired portion of the two-year period, in accordance with the rules prescribed in section 210.26, having regard to the modification whereby the warden is elected from among the mayors of the local municipalities other than the core city.

When the term of office of the incumbent warden expires, or comes to an end by reason of the termination of his mandate as mayor of a local municipality, he may continue to discharge the duties of warden until his re-election or the election of his successor in that office, unless he is prevented by law from attending the sittings of the council of the regional county municipality. However, any person who continues to carry on the functions of warden notwithstanding the expiry of the person’s mandate as warden shall constitute, in the polling under section 210.26, the representative to whom are allocated, in place of the representative designated under section 210.27, where applicable, the votes of the mayor of the municipality on the council of the regional county municipality.

1993, c. 65, s. 71; 1997, c. 93, s. 141; 2002, c. 68, s. 39.

210.29. Subject to the second paragraph, when the office of warden becomes vacant, the council of the regional county municipality shall elect a new warden, in accordance with section 210.26, at the next regular sitting or at a special sitting called for that purpose.

When the office of warden for which the holder was determined under the third paragraph of section 210.26.1 becomes vacant by reason of the holder ceasing to be mayor of the core city, the succeeding mayor shall become the new warden until the two-year period has expired. When the office of warden for which the holder was determined under the fourth paragraph of section 210.26.1 becomes vacant by reason of the holder ceasing to be mayor of a local municipality, the new warden shall be elected, for the unexpired portion of the two-year period, in accordance with the rules prescribed in section 210.26, having regard to the modification whereby the warden is elected from among the mayors of the local municipalities other than the core city.

1993, c. 65, s. 71; 2002, c. 68, s. 40.

210.29.1. Every regional county municipality no part of whose territory is situated within the territory of the Communauté métropolitaine de Montréal may, by by-law, order that the warden be elected in accordance with section 210.29.2.

The by-law must, on pain of absolute nullity, come into force on or before 1 May of the calendar year in which the general election must be held in all the local municipalities to which Title I of the Act respecting elections and referendums in municipalities (chapter E-2.2) applies. The by-law may not be repealed.

The secretary-treasurer shall transmit an authenticated copy of the by-law to the chief electoral officer as soon as possible after its coming into force.

2001, c. 25, s. 151; 2001, c. 68, s. 77; 2002, c. 68, s. 41.

210.29.2. In the case of a regional county municipality in respect of which the by-law provided for in section 210.29.1 has effect, the election for the office of warden must be held in the same year as the general election in all the local municipalities referred to in that section.

The provisions of the Act respecting elections and referendums in municipalities (chapter E-2.2) which relate to the election of the mayor, except the provisions of Chapters III and IV of Title I, apply to the election of the warden to the extent that they are consistent with such election, with the necessary modifications and in particular the following modifications:

(1)  section 67 is replaced by the following section:

“67. A person is ineligible for office as warden if he is a candidate for office as member of the council of a local municipality or has been declared elected thereto for 30 days or less.”;

(2)  section 260 is amended by replacing the second paragraph by the following paragraph:

“The returning officer shall transmit a copy of the notice to each of the local municipalities whose territory is comprised in that of the regional county municipality.”;

(3)  section 511 is amended by inserting “the local municipalities whose territory is comprised in that of” after “council,” in the second line of the first paragraph.

2001, c. 25, s. 151.

210.29.3. The provisions of Chapters VIII to X of Title I of the Act respecting elections and referendums in municipalities (chapter E-2.2) apply in respect of the warden elected in accordance with section 210.29.2, with the necessary modifications and in particular the following modifications:

(1)  section 300 is amended by inserting the following paragraph after paragraph 4:

“(4.1)  if he was elected as warden, including by cooptation under section 336, while he was a member of the council of a local municipality and did not cease to hold that office 31 days after taking his oath of office as warden, as long as the plurality continues;”;

(2)  section 312 is amended by inserting “the local municipalities whose territory is comprised in that of” after “council,” in the second line of the third paragraph;

(3)  section 318 is amended by replacing the second paragraph by the following paragraph:

“Where the disqualification of the warden results from the fact that, after his election, he became ineligible pursuant to section 62 or 63, he became a member of the council of a local municipality or he became a Member of the Parliament of Québec or Canada, his term ends on the day he begins to hold the office referred to in that section or becomes a member of the council of a local municipality or a Member of Parliament.”.

2001, c. 25, s. 151; 2001, c. 68, s. 78.

CHAPTER III CONSTITUTION

1993, c. 65, s. 71.

210.30. The Government may, by order, constitute a regional county municipality.

1993, c. 65, s. 71.

210.31. Before recommending to the Government the constitution of a regional county municipality, the Minister of Municipal Affairs and Greater Montréal shall transmit to each local municipality whose territory is comprised in that of the proposed regional county municipality a document setting out the elements which he proposes to include in the order and indicating the right provided for in the second paragraph.

Not later than 45 days after receiving the document, any local municipality may submit its opinion on the proposal to the Minister in writing.

1993, c. 65, s. 71; 1999, c. 43, s. 13.

210.32. The Minister shall transmit a copy of the document to the Commission de toponymie to enable it to formulate an opinion on the proposed name.

Not later than 60 days after receiving the copy, the Commission shall transmit its opinion to the Minister in writing, failing which the approval of the Commission is presumed.

1993, c. 65, s. 71.

210.33. As soon as possible after being required to do so by the Minister, the clerk or secretary-treasurer of the local municipality with the largest population shall publish, in a newspaper distributed in the proposed regional county municipality, a notice containing

(1)  the elements which the Minister proposes to include in the order;

(2)  a statement to the effect that any person may submit his objection to the proposal to the Minister in writing, within 30 days of publication of the notice;

(3)  the address of the place where objections must be sent.

The clerk or secretary-treasurer shall transmit a certified copy of the notice to the Minister as soon as possible after its publication, with proof of the date of publication.

1993, c. 65, s. 71.

210.34. Any person may submit his objection to the proposal to the Minister in writing within 30 days of publication of the notice.

1993, c. 65, s. 71.

210.35. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the proposal.

1993, c. 65, s. 71.

210.36. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to each of the local municipalities whose territory is comprised in that of the proposed regional county municipality.

1993, c. 65, s. 71.

210.37. The Minister may order the consultation of the qualified voters either of all the local municipalities whose territory is comprised in that of the proposed regional county municipality, or of one or several of them.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister.

The question appearing on the ballot paper shall be as follows: “Are you in favour of the constitution of a regional county municipality called Municipalité régionale de comté (fill in the name of the proposed regional county municipality)?”.

The statement of the final results of the poll for each of the local municipalities must be transmitted to the Minister as soon as possible.

Expenses incurred by reason of the consultation shall be paid by the municipality conducting it.

1993, c. 65, s. 71.

210.38. The constituting order must include the name of the regional county municipality, the description of the territory prepared by the Minister of Natural Resources, the place of the first sitting of the council and the name of the person who is the first secretary-treasurer of the regional county municipality, together with the number of representatives on the council from each local municipality and the number of votes of each representative, which numbers shall be established according to segments of population.

The order may include the power of veto conferred upon one or several members of the council of the regional county municipality or the majority required for the election of a warden.

The order may set out any condition applicable to the constitution.

The appointment of the secretary-treasurer made under the first paragraph has the same effect as an appointment by the council of the regional county municipality.

1993, c. 65, s. 71; 1997, c. 93, s. 142.

210.39. The Government may, at the request of the regional county municipality, amend the constituting order with regard to the number of representatives, the number of votes, the power of veto or the majority required for the election of the warden.

1993, c. 65, s. 71; 1994, c. 33, s. 47; 1997, c. 93, s. 143.

210.39.1. The Government may amend the constituting order where, by reason of section 109 of chapter 65 of the statutes of 1993, it contains provisions relating to the establishment, the composition or the rules governing the operation of an administrative committee, for the purpose of striking out, amending or replacing such provisions.

Any provision relating to the composition or the rules governing the operation of an administrative committee, as it reads following an amendment or replacement provided for in the first paragraph, may depart from articles 123 to 127 of the Municipal Code of Québec (chapter C-27.1).

1996, c. 2, s. 754.

210.40. The order comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1993, c. 65, s. 71.

210.41. As soon as possible after the publication of the order, the secretary-treasurer of the regional county municipality shall publish a notice of the constitution in a newspaper distributed in the regional county municipality.

1993, c. 65, s. 71.

210.42. The secretary-treasurer shall fix the date and time of the first sitting of the council.

Not later than the third day preceding the date fixed for the sitting, the secretary-treasurer shall publish, in a newspaper circulated in the territory of the regional county municipality, a notice of the date, place and time of the sitting. The notice must also contain a mention of the election of the warden and any other matter which a member of the council has requested be included for discussion.

If the secretary-treasurer refuses or is unable to act or if the office of secretary-treasurer is vacant, the Minister shall, as needed, fix the date and time of the first sitting of the council and shall appoint a person charged with carrying out the obligations set out in the second paragraph. If the sitting cannot be held in the place determined by the constituting order, the Minister shall fix another place.

1993, c. 65, s. 71; 1997, c. 93, s. 144.

CHAPTER IV AMALGAMATION

1993, c. 65, s. 71.

210.43. The Government may, by order, amalgamate the territories of two or more regional county municipalities in order to constitute one regional county municipality whose territory corresponds to the whole of the amalgamated territories.

1993, c. 65, s. 71.

210.44. Sections 210.31 to 210.42 apply to the constitution of a regional county municipality resulting from an amalgamation.

The provisions referred to in the first paragraph apply with the following modifications:

(1)  for the purposes of sections 210.31 and 210.36, each regional county municipality affected by the amalgamation shall be regarded as a local municipality referred to in those sections, except that the time limit provided for in the second paragraph of section 210.31 shall be 60 days;

(2)  the notice provided for in section 210.33 shall be published and transmitted, where applicable, by the secretary-treasurer of the regional county municipality with the largest population among those affected by the amalgamation;

(3)  the Minister of Municipal Affairs and Greater Montréal shall decide who is to pay the expenses incurred by reason of the consultation conducted in accordance with section 210.37.

1993, c. 65, s. 71; 1999, c. 43, s. 13.

210.45. The regional county municipalities whose territories have been amalgamated cease to exist on the date on which the order comes into force and are replaced by the regional county municipality resulting from the amalgamation.

1993, c. 65, s. 71.

210.46. The regional county municipality resulting from the amalgamation succeeds to the rights and obligations of the regional county municipalities which have ceased to exist.

The new regional county municipality becomes, without continuance of suit, a party to all proceedings in the place and stead of the former regional county municipalities.

1993, c. 65, s. 71.

210.47. All by-laws, resolutions or other acts made or adopted by a regional county municipality which has ceased to exist remain in force in the territory of the regional county municipality until the date they cease to have effect as provided, until their objects are attained or until they are replaced or repealed.

They are deemed to be by-laws, resolutions or acts of the regional county municipality resulting from the amalgamation.

1993, c. 65, s. 71.

210.48. Every act performed in respect of its territory by a regional county municipality which has ceased to exist shall retain its effects to the extent that it remains expedient.

Every such act is deemed to be an act of the regional county municipality resulting from the amalgamation.

1993, c. 65, s. 71.

210.49. If, on the day of the coming into force of the order, a regional county municipality which ceases to exist has not adopted a budget or has not determined the share of its expenses that is payable by each local municipality in the territory under its jurisdiction, the regional county municipality resulting from the amalgamation must do so with respect to the territory concerned, for its first fiscal year.

The period for performance of each of those acts expires 30 days after the expiry of the period for performance of the preceding act; the first period runs from the date on which the order comes into force.

1993, c. 65, s. 71.

210.50. The officers and employees of the regional county municipalities which have ceased to exist become, without salary reduction, officers and employees of the regional county municipality resulting from the amalgamation and they retain their seniority and social benefits.

No officer or employee may be laid off or dismissed solely by reason of the amalgamation.

1993, c. 65, s. 71.

210.51. The provisions of this chapter apply subject to the conditions applicable to constitution contained in the order.

1993, c. 65, s. 71.

CHAPTER V DIVISION

1993, c. 65, s. 71.

210.52. The Government may, by order, divide the territory of a regional county municipality in order to constitute several regional county municipalities whose territories correspond to the territory which has been divided.

1993, c. 65, s. 71.

210.53. Sections 210.31 to 210.42 apply to the constitution of a regional county municipality resulting from a division.

The provisions referred to in the first paragraph apply with the following modifications:

(1)  for the purposes of sections 210.31 and 210.36, the regional county municipality affected by the division shall be regarded as a local municipality referred to in those sections, except that the time limit provided for in the second paragraph of section 210.31 shall be 60 days;

(2)  the notice provided for in section 210.33 shall be published and transmitted, where applicable, by the secretary-treasurer of the regional county municipality affected by the division;

(3)  the Minister of Municipal Affairs and Greater Montréal shall determine who is to pay the expenses incurred by reason of the consultation conducted in accordance with section 210.37;

(4)  in addition to other conditions applicable to the constitution, if any, the order shall set out the terms and the conditions of the succession between the regional county municipality affected by the division and the regional county municipality resulting from the division;

(5)  the date of the coming into force of the order shall be the same for every regional county municipality resulting from the division.

1993, c. 65, s. 71; 1999, c. 43, s. 13.

210.54. The regional county municipality whose territory has been divided ceases to exist on the date on which the orders come into force and is replaced by the regional county municipalities resulting from the division.

1993, c. 65, s. 71.

210.55. In respect of its territory, each regional county municipality resulting from the division succeeds to the rights and obligations of the regional county municipality which has ceased to exist.

It becomes, without continuance of suit, a party to all proceedings in the place and stead of the regional county municipality which has ceased to exist.

1993, c. 65, s. 71.

210.56. All by-laws, resolutions or other acts made or adopted by the regional county municipality which has ceased to exist remain in force until the date they cease to have effect as provided, until their objects are attained or until they are replaced or repealed.

They are deemed to be by-laws, resolutions or acts of the regional county municipalities resulting from the division, for each one with respect to its territory.

1993, c. 65, s. 71.

210.57. All acts performed by a regional county municipality which has ceased to exist shall retain their effects to the extent that they remain expedient.

They are deemed to be acts of the regional county municipalities resulting from the division, for each one with respect to its territory.

1993, c. 65, s. 71.

210.58. If, on the day of the coming into force of the orders, the regional county municipality which ceases to exist has not adopted a budget or has not determined the share of its expenses that is payable by each local municipality in the territory under its jurisdiction, each regional county municipality resulting from the division must do so with respect to the territory concerned, for its first fiscal year.

The period for performance of each of those acts expires 30 days after the expiry of the period for performance of the preceding act; the first period runs from the date on which the orders come into force.

1993, c. 65, s. 71.

210.59. The officers and employees of the regional county municipality which has ceased to exist become, without salary reduction and in accordance with the terms and the conditions of succession set out in the orders, officers and employees of the regional county municipalities resulting from the division and they retain their seniority and social benefits.

No officer or employee may be laid off or dismissed solely by reason of the division.

1993, c. 65, s. 71.

210.60. The provisions of this chapter apply subject to the conditions applicable to the constitution contained in the orders, particularly the terms and conditions of succession.

1993, c. 65, s. 71.

CHAPTER V.1

Repealed, 2002, c. 68, s. 42.

2001, c. 25, s. 152; 2002, c. 68, s. 42.

210.60.1. (Repealed).

2001, c. 25, s. 152; 2002, c. 68, s. 42.

210.60.2. (Repealed).

2001, c. 25, s. 152; 2002, c. 68, s. 42.

CHAPTER VI TRANSFER OF TERRITORY

1993, c. 65, s. 71.

DIVISION I POWERS OF THE GOVERNMENT

1993, c. 65, s. 71.

210.61. The Government may, by order, following an application by a local municipality, detach the territory of the local municipality from the regional municipal territory to which it belongs and attach it to that of another regional county municipality.

1993, c. 65, s. 71; 1996, c. 2, s. 755.

DIVISION II APPLICATION

1993, c. 65, s. 71.

210.62. The resolution by which a local municipality makes an application under section 210.61 may include any condition applicable to the transfer of territory.

1993, c. 65, s. 71.

210.63. The clerk or secretary-treasurer of the applicant municipality shall transmit a certified copy of the resolution to the Minister of Municipal Affairs and Greater Montréal and to each of the regional county municipalities concerned.

1993, c. 65, s. 71; 1999, c. 43, s. 13.

210.64. As soon as possible after being required to do so by the Minister, the clerk or secretary-treasurer of the applicant municipality shall publish, in a newspaper distributed in the municipality, a notice containing

(1)  the elements included in the resolution referred to in section 210.62;

(2)  a statement to the effect that any person may submit his objection to the application for transfer of territory to the Minister in writing, within 30 days of publication of the notice;

(3)  the address of the place where objections must be sent.

The clerk or secretary-treasurer shall transmit a certified copy of the notice to the Minister as soon as possible after its publication, with proof of the date of publication.

1993, c. 65, s. 71.

210.65. Any person may submit to the Minister in writing his objection to the application for transfer of territory within 30 days of publication of the notice.

1993, c. 65, s. 71.

210.66. The Minister shall notify the applicant municipality and the regional county municipalities concerned in writing of every objection received within the prescribed time.

1993, c. 65, s. 71.

210.67. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the application for a transfer of territory.

1993, c. 65, s. 71.

210.68. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the applicant municipality and to the regional county municipalities concerned.

1993, c. 65, s. 71.

210.69. The Minister may order the consultation of the qualified voters of the applicant municipality.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister.

The question appearing on the ballot paper shall be as follows: “Are you in favour of attaching the territory of (fill in the name of the applicant municipality) to that of the Municipalité régionale de comté (fill in the name of the regional county municipality to which the applicant municipality would be attached)?”.

The statement of the final results of the poll must be transmitted to the Minister as soon as possible.

Expenses incurred by reason of the consultation shall be paid by the applicant municipality.

1993, c. 65, s. 71.

DIVISION III AMENDMENT PROPOSAL OF THE MINISTER

1993, c. 65, s. 71.

§ 1 . — Notice of the amendment proposal

1993, c. 65, s. 71.

210.70. Where the Minister is of the opinion that the application must be amended, he shall transmit to the applicant municipality a written notice setting out the amendment he intends to make to the application.

1993, c. 65, s. 71.

210.71. Not later than 30 days after receiving the notice, the council of the applicant municipality shall inform the Minister in writing of its decision on the amendment proposal.

The clerk or secretary-treasurer of the applicant municipality shall transmit to the Minister a certified copy of the council’s resolution.

The Minister may, upon a request therefor, grant an extension to the applicant municipality.

1993, c. 65, s. 71.

§ 2 . — Consultation

1993, c. 65, s. 71.

210.72. Sections 210.73 to 210.79 do not apply if the applicant municipality does not approve the proposal or if the Minister has not received the resolution of the applicant municipality within the time prescribed in section 210.71.

1993, c. 65, s. 71.

210.73. The clerk or secretary-treasurer of the applicant municipality shall transmit to each regional county municipality concerned, at the Minister’s request, copies of the Minister’s notice and of the resolution of the applicant municipality.

1993, c. 65, s. 71.

210.74. As soon as possible after being required to do so by the Minister, the clerk or secretary-treasurer of the applicant municipality shall publish, in a newspaper distributed in the municipality, a notice containing

(1)  the amendment proposal made by the Minister;

(2)  a statement to the effect that the proposal has been approved by the council of the applicant municipality;

(3)  a statement to the effect that any person may submit his objection to the amendment proposal to the Minister in writing, within 30 days of publication of the notice;

(4)  the address of the place where objections must be sent.

The clerk or secretary-treasurer shall transmit a certified copy of the notice to the Minister as soon as possible after its publication, with proof of the date of publication.

1993, c. 65, s. 71.

210.75. Any person may submit his objection to the amendment proposal to the Minister in writing within 30 days of publication of the notice.

1993, c. 65, s. 71.

210.76. The Minister shall notify the applicant municipality and the regional county municipalities concerned in writing of every objection received within the prescribed time.

1993, c. 65, s. 71.

210.77. The Commission municipale du Québec shall, at the Minister’s request, hold a public hearing on the amendment proposal.

1993, c. 65, s. 71.

210.78. As soon as possible after the hearing, the Commission shall transmit a report to the Minister who shall transmit a certified copy thereof to the applicant municipality and to the regional county municipalities concerned.

1993, c. 65, s. 71.

210.79. The Minister may order the consultation of the qualified voters of the applicant municipality.

The consultation shall be made by way of a referendum poll conducted in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The referendum poll shall be held on the date fixed by the Minister.

The question appearing on the ballot paper shall be as follows: “Are you in favour of the amendment proposal made by the Minister of Municipal Affairs and Greater Montréal?”.

The statement of the final results of the poll must be transmitted to the Minister as soon as possible.

Expenses incurred by reason of the consultation shall be paid by the municipality.

1993, c. 65, s. 71; 1999, c. 43, s. 13.

DIVISION IV ORDER OF THE GOVERNMENT

1993, c. 65, s. 71.

210.80. The Minister may recommend that the application for a transfer of territory be granted by the Government with or without amendment.

Any amendment under the first paragraph requires prior approval by the council of the applicant municipality and, where applicable, by the persons qualified to vote in accordance with section 210.79.

1993, c. 65, s. 71.

210.81. The Government may, to give effect to the recommendation of the Minister, amend the orders constituting the regional county municipalities affected by the transfer of territory.

The amending order shall describe the new territory of the regional county municipalities and shall set out the conditions applicable to the transfer of territory.

1993, c. 65, s. 71.

210.82. The amending order comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1993, c. 65, s. 71.

DIVISION V TRANSITIONAL PROVISIONS

1993, c. 65, s. 71.

210.83. All by-laws, resolutions or other acts made or adopted by the regional county municipality from whose territory the applicant municipality has been detached remain in force in respect of the applicant municipality until the date they cease to have effect as provided, until their objects are attained or until they are replaced or repealed.

They are deemed to be by-laws, resolutions or acts of the regional county municipality to which the applicant municipality has been attached.

1993, c. 65, s. 71.

210.84. Every act performed by the regional county municipality from whose territory the applicant municipality has been detached shall retain its effects in respect of the applicant municipality to the extent that it remains expedient.

1993, c. 65, s. 71.

210.85. The provisions of this division apply subject to the conditions applicable to the transfer of territory contained in the amending orders.

1993, c. 65, s. 71.

TITLE III MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I MISCELLANEOUS PROVISIONS

211. The inobservance of a rule prescribed by this Act does not invalidate any act, unless it causes serious prejudice.

1988, c. 19, s. 211.

212. Every person who is required to sign his name on a document under this Act and who is unable to do so shall affix his mark to the document in the presence of a person who shall countersign it.

1988, c. 19, s. 212.

213. Personal information required on a document under this Act is public information for the purposes of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

1988, c. 19, s. 213.

214. For the purposes of this Act, the territory of the Paroisse de Notre-Dame-des-Anges shall form part of the territory of the Communauté métropolitaine de Québec.

1988, c. 19, s. 214; 1993, c. 65, s. 72; 2000, c. 56, s. 184.

214.1. Whenever the constitution of a municipality, the rectification, reduction or extension of territorial boundaries, an amalgamation or an annexation produces a change in the territory of a regional county municipality, the Minister of Municipal Affairs and Greater Montréal shall publish a description of the new territory of the regional county municipality in the Gazette officielle du Québec, together with a notice indicating the date on which the constitution, rectification, reduction or extension of boundaries, the amalgamation or annexation comes into force.

Whenever the constitution of a municipality, an amalgamation or change of name causes a change in the enumeration of local municipalities included in the description of the territory of a regional county municipality, the Minister shall publish a new enumeration in the Gazette officielle du Québec, together with a notice indicating the date on which the constitution, amalgamation or change of name comes into force.

1993, c. 65, s. 73; 1999, c. 43, s. 13.

214.2. Except for the correction of an error in writing or the supply of an obvious omission, the Government may amend an order made under this Act only to the extent provided for in this Act.

1993, c. 65, s. 73.

214.2.1. The conditions contained in an order, an annexation by-law or an agreement made, passed or entered into under this Act may, where part of the territory over which a municipal body responsible for assessment has jurisdiction is affected by a constitution, amalgamation, annexation or any other territorial change, provide for rules to apply to the duration of any current or future property assessment roll or roll of rental values that the municipal body is responsible for preparing.

1999, c. 90, s. 32.

214.3. The conditions contained in an order, an annexation by-law or an agreement made, adopted or reached under this Act may, in order to ensure the transition, create a rule of municipal law or derogate from any provision of an Act under the administration of the Minister of Municipal Affairs and Greater Montréal, from a special Act governing a municipality or from an act executed under either Act.

The same applies in the case of any condition prescribed by the Minister, under section 210.3.9, in his decision to order that a municipality be governed by the Cities and Towns Act (chapter C-19).

1993, c. 65, s. 73; 1996, c. 2, s. 756; 1999, c. 43, s. 13.

214.4. Section 110.2 applies in respect of any local municipality the amalgamation of whose territory is provided for by a special Act that has not taken effect or by proposed special legislation introduced by the Minister, as if that municipality were a party to a joint application for amalgamation the text of which has been published.

2001, c. 25, s. 153.

CHAPTER II LEGISLATIVE AMENDMENTS

ACT RESPECTING LAND USE PLANNING AND DEVELOPMENT

215. (Amendment integrated into c. A-19.1, s. 1).

1988, c. 19, s. 215.

216. (Amendment integrated into c. A-19.1, s. 1.1).

1988, c. 19, s. 216.

217. (Amendment integrated into c. A-19.1, heading of Chapter II of Title I).

1988, c. 19, s. 217.

218. (Amendment integrated into c. A-19.1, s. 76).

1988, c. 19, s. 218.

219. (Amendment integrated into c. A-19.1, s. 77).

1988, c. 19, s. 219.

220. (Amendment integrated into c. A-19.1, s. 79).

1988, c. 19, s. 220.

221. (Amendment integrated into c. A-19.1, s. 170).

1988, c. 19, s. 221.

222. (Amendment integrated into c. A-19.1, s. 171).

1988, c. 19, s. 222.

223. (Amendment integrated into c. A-19.1, s. 186).

1988, c. 19, s. 223.

224. (Amendment integrated into c. A-19.1, s. 186.1).

1988, c. 19, s. 224.

225. (Amendment integrated into c. A-19.1, s. 186.2).

1988, c. 19, s. 225.

226. (Amendment integrated into c. A-19.1, s. 204.1).

1988, c. 19, s. 226.

227. (Amendment integrated into c. A-19.1, s. 242).

1988, c. 19, s. 227.

228. Section 245 of the said Act is amended

(1)  (inoperative, 1993, c. 65, s. 86);

(2)  (amendment integrated into c. A-19.1, s. 245).

1988, c. 19, s. 228.

CULTURAL PROPERTY ACT

229. (Amendment integrated into c. B-4, s. 60).

1988, c. 19, s. 229.

CITIES AND TOWNS ACT

230. (Amendment integrated into c. C-19, s. 1).

1988, c. 19, s. 230.

231. (Amendment integrated into c. C-19, s. 2).

1988, c. 19, s. 231.

232. (Amendment integrated into c. C-19, s. 3).

1988, c. 19, s. 232.

233. (Omitted).

1988, c. 19, s. 233.

234. (Omitted).

1988, c. 19, s. 234.

235. (Omitted).

1988, c. 19, s. 235.

236. (Amendment integrated into c. C-19, heading of subdivision 1 of Division IV).

1988, c. 19, s. 236.

237. (Omitted).

1988, c. 19, s. 237.

238. (Omitted).

1988, c. 19, s. 238.

239. (Omitted).

1988, c. 19, s. 239.

MUNICIPAL CODE OF QUÉBEC

240. (Amendment integrated into c. C-27.1, a. 1).

1988, c. 19, s. 240.

241. (Amendment integrated into c. C-27.1, a. 3).

1988, c. 19, s. 241.

242. (Amendment integrated into c. C-27.1, a. 4).

1988, c. 19, s. 242.

243. (Amendment integrated into c. C-27.1, a. 5).

1988, c. 19, s. 243.

244. (Amendment integrated into c. C-27.1, a. 25).

1988, c. 19, s. 244.

245. (Amendment integrated into c. C-27.1, a. 26).

1988, c. 19, s. 245.

246. (Omitted).

1988, c. 19, s. 246.

247. (Omitted).

1988, c. 19, s. 247.

248. (Omitted).

1988, c. 19, s. 248.

249. (Amendment integrated into c. C-27.1, a. 145).

1988, c. 19, s. 249.

250. (Amendment integrated into c. C-27.1, a. 179).

1988, c. 19, s. 250.

251. (Amendment integrated into c. C-27.1, a. 490).

1988, c. 19, s. 251.

252. (Omitted).

1988, c. 19, s. 252.

ACT RESPECTING THE COMMUNAUTÉ RÉGIONALE DE L’OUTAOUAIS

253. (Amendment integrated into c. C-37.1, s. 262).

1988, c. 19, s. 253.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL

254. (Amendment integrated into c. C-37.2, s. 332).

1988, c. 19, s. 254.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE QUÉBEC

255. (Amendment integrated into c. C-37.3, s. 247).

1988, c. 19, s. 255.

ACT RESPECTING MUNICIPAL TAXATION

256. (Amendment integrated into c. F-2.1, s. 8).

1988, c. 19, s. 256.

ACT TO AUTHORIZE MUNICIPALITIES TO COLLECT DUTIES ON TRANSFERS OF IMMOVEABLES

257. (Amendment integrated into c. M-39, s. 1).

1988, c. 19, s. 257.

ACT RESPECTING MUNICIPAL ORGANIZATION OF CERTAIN TERRITORIES

258. (Omitted).

1988, c. 19, s. 258.

POLICE ACT

259. (Amendment integrated into c. P-13, s. 64).

1988, c. 19, s. 259.

ACT TO PROMOTE THE REGROUPING OF MUNICIPALITIES

260. (Omitted).

1988, c. 19, s. 260.

MINING VILLAGES ACT

261. (Omitted).

1988, c. 19, s. 261.

MINING TOWNS ACT

262. (Omitted).

1988, c. 19, s. 262.

263. (Omitted).

1988, c. 19, s. 263.

264. (Omitted).

1988, c. 19, s. 264.

265. (Omitted).

1988, c. 19, s. 265.

ACT RESPECTING ELECTIONS AND REFERENDUMS IN MUNICIPALITIES

266. (Amendment integrated into c. E-2.2, s. 514).

1988, c. 19, s. 266.

267. (Amendment integrated into c. E-2.2, s. 515).

1988, c. 19, s. 267.

268. (Omitted).

1988, c. 19, s. 268.

269. (Omitted).

1988, c. 19, s. 269.

270. (Omitted).

1988, c. 19, s. 270.

IMPLIED AMENDMENTS

271. For the purposes of any other Act, the expression “local corporation” or “local municipal corporation”, or the words “corporation” or “municipal corporation” where they are given the meaning of either of those expressions, mean a local municipality within the meaning of this Act.

For the purposes of any other Act, the expression “local municipality”, or the word “municipality” where it is given the meaning of that expression, means a local municipality within the meaning of this Act or, according to the context, the territory of such a municipality.

For the purposes of any other Act, where the words “corporation”, “municipal corporation” or “municipality” are preceded by the words “local”, “rural”, “country” or “village” for the purpose of excluding cities and towns, the expression so formed means a local municipality within the meaning of this Act that is governed by the Municipal Code of Québec (chapter C-27.1) or, according to the context, the territory of such a local municipality.

For the purposes of any other Act, where the words “corporation”, “municipal corporation” or “municipality” are preceded by the word “rural” or “country” for the purpose of excluding village corporations or municipalities, the expression so formed means a parish municipality, a municipality of part of a parish, a township municipality, a municipality of part of a township, a united township municipality or a local municipality within the meaning of this Act that is governed by the Municipal Code of Québec other than a village municipality or, according to the context, the territory of such a municipality.

1988, c. 19, s. 271.

272. Any provision of any general law, special Act, letters patent, proclamation, order in council, order, ordinance, regulation, by-law or resolution in force on 31 December 1988 is inoperative to the extent that it is inconsistent with this Act.

1988, c. 19, s. 272.

273. Every provision of the charter of a municipality which becomes inoperative on 31 December 1988 by the effect of the first paragraph of section 2 of the Cities and Towns Act (chapter C-19) remains inoperative notwithstanding the striking out of that paragraph by section 231 of this Act, even if the provision is not inconsistent with this Act.

1988, c. 19, s. 273.

274. Every reference in any general law or special Act to a provision replaced or repealed by this Act is a reference to the corresponding provision of this Act, if any.

1988, c. 19, s. 274.

CHAPTER III TRANSITIONAL PROVISIONS

275. Every local municipality incorporated before 1 January 1989 shall continue to exist under its name and with the same territory as if it had been constituted under this Act. In the name under which a municipality shall continue to exist:

(1)  the words “cité” or “corporation de la cité” are replaced by the word “Cité”;

(2)  the words “ville” or “corporation de la ville” are replaced by the word “Ville”;

(3)  the words “corporation du village” are replaced by the word “Village”;

(4)  the words “corporation de la paroisse” are replaced by the word “Paroisse”;

(5)  the words “corporation du canton” are replaced by the word “Canton”;

(6)  the words “corporation des cantons-unis” are replaced by the words “Cantons-Unis”;

(7)  the words “corporation de la partie ... de la paroisse” are replaced by the words “Partie ... de la Paroisse”;

(8)  the words “corporation de la partie ... du canton” are replaced by the words “Partie ... du Canton”;

(9)  in other cases, the word “corporation” is replaced by the word “Municipalité”.

A municipality whose name begins with the word “Paroisse” or “Canton” may also be designated by a name including the words “Municipalité de la paroisse” or “Municipalité du canton”, as the case may be, and the place-name included in its name.

Notwithstanding the first paragraph, any municipality incorporated under the Act respecting municipal organization of certain territories (chapter O-8) shall cease to exist and its territory shall become an unorganized territory within the meaning of this Act.

1988, c. 19, s. 275; 1990, c. 47, s. 16; 1993, c. 65, s. 74.

276. Every local municipality governed, on 31 December 1988, by the Municipal Code of Québec (chapter C-27.1) shall continue to be governed by the said Code.

The first paragraph applies subject to sections 15 to 26 of the Cities and Towns Act (chapter C-19) and to sections 210.3.1 to 210.3.12 of this Act.

1988, c. 19, s. 276; 1996, c. 2, s. 757.

277. Every local municipality governed, on 31 December 1988, by the Cities and Towns Act (chapter C-19) shall continue to be governed by the said Act.

1988, c. 19, s. 277.

278. Every local municipality governed, on 31 December 1988, by the Charter of the city of Montréal or of the city of Québec shall continue to be governed by the said Charter.

1988, c. 19, s. 278.

279. On the application of a local municipality whose territory is bounded by a body of water, the Minister of Municipal Affairs and Greater Montréal may amend the description of the territorial boundaries of the municipality in order to extend them into the body of water.

1988, c. 19, s. 279; 1999, c. 43, s. 13.

280. The clerk or secretary-treasurer of the municipality shall transmit a certified copy of the resolution to the Minister before 1 January 1993.

The copy of the resolution must be accompanied with the original of a description of the proposed water boundaries and of a plan prepared by a land surveyor.

1988, c. 19, s. 280; 1990, c. 47, s. 17.

281. The Minister shall publish in the Gazette officielle du Québec a notice of his decision to extend the water boundaries of the municipality.

The notice must contain a description of the new water boundaries of the municipality. The description shall be the description prepared by the Minister of Natural Resources.

1988, c. 19, s. 281; 1994, c. 13, s. 15.

282. The decision shall come into force on the date of publication of the notice or on any later date indicated therein.

1988, c. 19, s. 282.

283. As soon as possible after the coming into force of the Minister’s decision, the clerk or secretary-treasurer of the municipality shall give public notice of the decision.

1988, c. 19, s. 283.

284. Notwithstanding the striking out of paragraph 1 of article 25 of the Municipal Code of Québec (chapter C-27.1) and the repeal of section 32 of the Cities and Towns Act (chapter C-19), every local municipality whose territory is bounded by a body of water on 31 December 1988 and which, on that date, has, under those provisions, jurisdiction over any part of the body of water concerned shall retain such jurisdiction until 31 December 1992 or, as the case may be, until the date of the coming into force of the Minister’s decision made under section 279 of this Act.

1988, c. 19, s. 284; 1990, c. 47, s. 18.

285. The school corporation established under section 15 of the Mining Towns Act (chapter V-7) and the school municipality incorporated under the said section are deemed to be incorporated by or under the Education Act (chapter I-13.3).

1988, c. 19, s. 285; 1988, c. 84, s. 696.

286. Proceedings brought on or before 31 December 1988 in accordance with any provision amended, replaced or repealed by this Act may be continued in accordance with that provision as it stood on that date where it is impossible to continue them in accordance with this Act by reason, for instance, of the time limits fixed under this Act or another Act.

1988, c. 19, s. 286.

287. All letters patent, orders in council, orders, proclamations, regulations, by-laws, resolutions or ordinances in force on 31 December 1988 and issued or made under any provision replaced or repealed by this Act remain in force until the date they cease to have effect as provided, until their objects are attained or until they are replaced or repealed by this Act. Where that is the case, they are deemed to have been issued or adopted under the corresponding provision of this Act.

1988, c. 19, s. 287.

288. Every act performed before 1 January 1989 under any provision replaced or repealed by this Act retains its effects to the extent that it remains expedient. Every such act is deemed to have been performed under the corresponding provision of this Act.

The first paragraph does not apply to the regrouping units established under the Act to promote the regrouping of municipalities (chapter R-19).

1988, c. 19, s. 288.

CHAPTER IV FINAL PROVISIONS

289. The Minister of Municipal Affairs and Greater Montréal is responsible for the administration of this Act except the provisions of Chapter V.1 of Title II, which are under the administration of the Minister of Labour.

1988, c. 19, s. 289; 1999, c. 43, s. 13; 2000, c. 27, s. 4.

290. (Omitted).

1988, c. 19, s. 290.

291. (Omitted).

1988, c. 19, s. 291.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 19 of the statutes of 1988, in force on 1 March 1989, is repealed, except sections 264, 265, 290 and 291, effective from the coming into force of chapter O-9 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 235 of chapter 19 of the statutes of 1988, in force on 1 March 1997, is repealed effective from the coming into force of the updating to 1 March 1997 of chapter O-9 of the Revised Statutes.