V-7 - Mining Towns Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter V-7

Mining Towns Act

Repealed, 1988, c. 19, s. 262.

1988, c. 19, s. 262.

1. The Government may, whenever it deems it advisable for the development of a mining center, erect, by letters patent, into a town municipality, any territory which it designates.

R. S. 1964, c. 194, s. 1.

2. Such territory shall in no case exceed 65 km2 in area.

R. S. 1964, c. 194, s. 2; 1984, c. 47, s. 213.

3. The letters patent shall state the name of the town and contain the description of its territory.

R. S. 1964, c. 194, s. 3.

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

R. S. 1964, c. 194, s. 4.

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

R. S. 1964, c. 194, s. 5.

6. (Repealed).

R. S. 1964, c. 194, s. 6; 1987, c. 57, s. 820.

7. The first general meeting of the council of such town shall be held at the place indicated by the person called upon to act as mayor at the beginning of its municipal organization.

R. S. 1964, c. 194, s. 7.

8. The Government shall appoint such persons as it deems qualified as members of the first municipal council, provided they be Canadian citizens.

Any vacancy occurring in such council shall be reported forthwith to the Minister of Municipal Affairs by a member of the council in office or by a municipal officer and the Government shall fill such vacancy.

Notwithstanding any inconsistent legislative provision, the Government shall have all necessary power for the purposes of this section.

R. S. 1964, c. 194, s. 8.

9. The term of the mandate of the mayor and aldermen appointed under section 8 shall be of five years from and after their appointment.

Such mandate may be prolonged by the Government for one additional year.

R. S. 1964, c. 194, s. 9.

10. The poll for the first general election of the members of the municipal council shall be held, in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2), on the first Sunday of November of the year in which the term of the municipal council composed of members appointed under section 8 expires.

Notwithstanding section 9, the term of the mayor and councillors appointed by the Government shall end on the swearing in of the members of the council elected at such general election; it shall extend, if need be, up to such swearing in.

R. S. 1964, c. 194, s. 10; 1987, c. 57, s. 821.

11. (Repealed).

R. S. 1964, c. 194, s. 11; 1987, c. 23, s. 76; 1987, c. 64, s. 340.

12. The acts, orders, by-laws, resolutions and other procedure decreed by the municipal council the members of which are appointed by the Government, in force on the swearing in of the elected municipal council, shall continue to have their effect until annulled, amended or replaced by the competent municipal authority.

R. S. 1964, c. 194, s. 12.

13. Notwithstanding any legislative provision inconsistent with this act, the council may, by resolution, appoint a municipal officer to perform the function of director general of such town and fix his remuneration.

Such officer shall have the rights, privileges and powers assigned to a director general by the Cities and Towns Act (chapter C-19).

The municipal council may, by resolution and in accordance with the provisions of the Cities and Towns Act, order the dismissal of a municipal officer appointed as director general under this section. However, during the term of administration of the town by a municipal council the members of which are appointed under section 8, such resolution shall have no effect unless approved by the Government.

R. S. 1964, c. 194, s. 13; 1983, c. 57, s. 168.

14. Subject to the foregoing provisions, a town municipality incorporated under this act and the municipal corporation resulting therefrom shall be governed by the Cities and Towns Act (chapter C-19).

R. S. 1964, c. 194, s. 15.

15. Notwithstanding any legislative provision inconsistent with this act, the Government may at all times, on the recommendation of the Minister of Education, erect into a separate school municipality the territory of any town incorporated under this act.

Notice of such erection must be published in the Gazette officielle du Québec. At the expiration of fifteen days after such publication, the school municipality is incorporated and the inhabitants and ratepayers of such municipality shall be a school corporation whose commissioners must be elected in accordance with section 46 of the Education Act (chapter I-14). Moreover, and except for the provisions of this section, such municipality and such corporation shall be ruled by the Education Act.

R. S. 1964, c. 194, s. 16.

16. (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 194 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter V-7 of the Revised Statutes.