V-6 - Mining Villages Act

Abrogée le 1^er janvier 1989

Ce document a valeur officielle.

chapter V-6

Mining Villages Act

Repealed, 1988, c. 19, s. 261.

1988, c. 19, s. 261.

1. Upon the recommendation of the Minister of Energy and Resources and of the Minister of Municipal Affairs, the Government may constitute as a village municipal corporation, by letters patent, any territory wherein a mining village is established under the authority of sections 130, 131 and 132 of the Mining Act (chapter M-13) and annex thereto any adjacent territory which it may deem necessary for the proper administration of such village and of such territory.

R. S. 1964, c. 195, s. 1; 1979, c. 81, s. 20.

2. The Minister of Municipal Affairs shall give notice of the issuing of the letters patent by publishing them in the Gazette officielle du Québec.

From and after the date fixed for such purpose in the letters patent, the territory designated therein shall become a mining village municipality and the inhabitants and ratepayers of such municipality shall be incorporated under the name indicated in the letters patent.

R. S. 1964, c. 195, s. 2.

3. Every mining village corporation shall be governed by the provisions of the Municipal Code (chapter C-27.1), saving the derogations hereinafter prescribed and save where inconsistent with this act.

An officer called “director general”, appointed by the Government, and who must be a Canadian citizen or a citizen of the Commonwealth, shall be substituted, during the first five years of the corporation’s existence, for the municipal council, which can be elected only at the expiration of such period, and such director general shall have the rights, exercise the powers and be subject to the obligations of a village municipal council.

Every decision made and every action taken by the director general respecting the administration of the municipality for which he is appointed shall have the same effect as if they issued from a municipal council.

R. S. 1964, c. 195, s. 3; S. C. 1974-75-76, c. 108, s. 31; 1983, c. 57, s. 168.

4. The director general shall in every case proceed by ordinance which shall become obligatory on and from the day of its signing or on any subsequent date fixed for such purpose in the ordinance.

R. S. 1964, c. 195, s. 4; 1983, c. 57, s. 168.

5. The by-law regulating powers contemplated by section 118 of the Act respecting land use planning and development (chapter A-19.1) may be exercised by any mining village corporation, although the territory thereof does not adjoin a city of twenty thousand souls or more.

R. S. 1964, c. 195, s. 5; 1979, c. 51, s. 253.

6. A mining village municipality shall not form part of any county municipality nor be subject to the jurisdiction of any county council.

R. S. 1964, c. 195, s. 7.

7. The expenditures made by the Ministère de l’Énergie et des Ressources and by the Ministère des Affaires municipales, for the benefit of mining village corporations, before or after their organization, shall be reimbursed to the Government by such corporations to the extent and in the manner determined by the Government.

R. S. 1964, c. 195, s. 8; 1977, c. 5, s. 14; 1979, c. 81, s. 20.

8. The remuneration of any director general and the costs incurred by the latter in the performance of his functions shall form part of the expenses of the mining village corporation administered by him.

R. S. 1964, c. 195, s. 9; 1983, c. 57, s. 168.

9. At the expiration of the five years mentioned in section 3, or at any earlier time fixed by the Government, every mining village corporation shall cease to be governed by this act.

The Government may, however, extend for one or more additional periods, not exceeding five years in all, the term contemplated by the preceding paragraph and by the second paragraph of section 3.

Such order shall be published in the Gazette officielle du Québec within thirty days after it is passed.

It shall, however, retain its corporate identity, become subject to all the provisions of the Municipal Code (chapter C-27.1) governing local corporations and be designated in the manner prescribed by article 5 of the said Code.

It shall continue to be subject to the obligations assumed and to benefit from the rights acquired whilst it was governed by this Act.

R. S. 1964, c. 195, s. 10.

10. All acts or ordinances in force in a mining village municipality when this statute ceases to apply to it shall remain in force until annulled, amended or replaced by the competent authority in such municipality.

R. S. 1964, c. 195, s. 11.

11. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 195 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter V-6 of the Revised Statutes.

The Minister for Mines and Native Affairs exercises, under the authority of the Minister of Energy and Resources, the functions relating to the application of this Act, and in exercising those functions is responsible for setting out government policy with respect to the Native population and for coordinating its implementation. O.C. 2650-85 of 85.12.13, (1986) 118 G.O. 2 (French), 171; O.C. 339-86 of 86.03.26, (1986) 118 G.O. 2 (French), 1071.