Cities and Towns Act

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Published: 2015-11-01

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chapter C-19

Cities and Towns Act

DIVISION I 
DECLARATORY AND INTERPRETATIVE PROVISIONS

Application of Act.

1. This Act shall apply:

 (a) to every city or town municipality, existing on 1 September 1979, constituted by special Act at any time before the said date, and governed by the provisions of chapter 29 of the statutes of 1876 (Town Corporations General Clauses Act), or by the provisions of the Revised Statutes, 1888 (articles 4178 to 4615), respecting town corporations, or by any part of the said provisions; provided that, if a special Act constituting such a municipality contains provisions derogating from such general Acts or laws, such provisions shall remain in force and shall apply, notwithstanding this section;

 (b) to every city or town municipality, existing on 1 September 1979, constituted by special Act or by letters patent at any time before the said date, and governed by the provisions of the Cities and Towns Act, chapter 38 of the statutes of 1903, or by the Cities and Towns Act contained in articles 5256 to 5884 of the Revised Statutes, 1909, or by the Cities and Towns Act, chapter 65 of the statutes of 1922 (2nd session), or by the Cities and Towns Act contained in chapter 102 of the Revised Statutes, 1925, or by the Cities and Towns Act contained in chapter 233 of the Revised Statutes, 1941, or by the Cities and Towns Act contained in chapter 193 of the Revised Statutes, 1964, or by any part of the said provisions; provided that, if a special Act constituting such a municipality contains provisions derogating from such general Acts or laws, such provisions shall remain in force and shall apply, notwithstanding this section; and that, if a special Act governing a municipality requires the application of provisions repealed by the Cities and Towns Act, chapter 65 of the statutes of 1922 (2nd session), all such provisions shall remain in force for such municipality;

 (c) to every city or town municipality constituted by charter from the Legislature after 31 August 1979 and before 8 May 1996, saving any special provisions of its charter which may be inconsistent with those of this Act;

 (d) to every city or town municipality constituted by letters patent under this Act after 31 August 1979 and before 8 May 1996;

 (e) to every local municipality constituted under the Act respecting municipal territorial organization (chapter O-9) or under another Act, whose constituting act provides that it shall be governed by the provisions of this Act;

 (f) to every local municipality which, pursuant to a decision made by the Minister of Municipal Affairs, Regions and Land Occupancy under the Act respecting municipal territorial organization, ceases to be governed by the Municipal Code of Québec (chapter C-27.1) and begins to be governed by this Act.

R. S. 1964, c. 193, s. 1; 1968, c. 55, s. 1; 1987, c. 57, s. 683; 1988, c. 19, s. 230; 1989, c. 56, s. 6; 1996, c. 2, s. 119; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

2. (Repealed).

1968, c. 55, s. 2; 1969, c. 55, s. 1; 1970, c. 47, s. 1; 1973, c. 83, s. 1; 1977, c. 52, s. 1; 1982, c. 63, s. 108; 1987, c. 57, s. 684; 1988, c. 19, s. 231; 1996, c. 2, s. 120.

Repeal by government order.

3. The Government, by order, upon the petition of the council of a municipality governed by this Act may repeal any provision of the charter of the petitioning municipality or any provision of another Act which applies exclusively to that municipality.

Prior notice.

Such petition cannot be submitted to the Government unless a notice summarizing briefly the object thereof has been published at least one month beforehand in the Gazette officielle du Québec; within the same time a public notice must be given, in the territory of the municipality, in conformity with section 345.

Annual statutes.

The Québec Official Publisher shall insert in each annual volume of the statutes of Québec a table giving the date of the coming into force of the order made before the volume was printed and the legislative provisions the order repeals.

R. S. 1964, c. 193, s. 2; 1968, c. 23, s. 8; 1968, c. 55, s. 3; 1974, c. 45, s. 1; 1977, c. 5, s. 228; 1988, c. 19, s. 232; 1996, c. 2, s. 121; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 1; 2000, c. 56, s. 104.

4. (Repealed).

1968, c. 55, s. 3; 1974, c. 45, s. 2; 1988, c. 19, s. 233.

Charter provisions.

5. Every provision of this Act shall form part of the charter, unless it be expressly declared that such provision, specifying it by its number, shall not form part thereof.

R. S. 1964, c. 193, s. 3.

Interpretation:

6. Unless the context indicates or declares otherwise, the following expressions, terms and words, whenever the same occur in this Act or in the charter, shall have the following meaning:

“charter”;

 (1) the word “charter” means any Act, letters patent or order constituting a municipality;

“district”;

 (2) the word “district” means any judicial district established by law, and more particularly the district which comprises the territory of the municipality;

 (3) (subparagraph repealed);

“member of the council”;

 (4) the words “member of the council” mean and include the mayor or any of the councillors of the municipality;

“sitting”;

 (5) the word “sitting”, used alone, means either a regular sitting or a special sitting of the council;

“the day following”;

 (6) the expression “the day following” does not mean or include holidays unless the act in question may be done upon a holiday;

“ratepayer”;

 (7) the expression “ratepayer” means any person liable to pay to the municipality any assessment or tax, including water-rate;

“property-owner”;

 (8) the word “property-owner” means any person who possesses immovable property in his own name as owner, as usufructuary, or as institute in cases of substitutions, or as possessor of lands in the domain of the State with a promise of sale;

“occupant”;

 (9) the word “occupant” means any person who occupies an immovable in his own name, otherwise than as proprietor, usufructuary or institute, and who enjoys the revenues derived from such immovable;

“tenant”;

 (10) the word “tenant” means any person who is bound to pay rent in money or to give part of the fruits or revenues of the immovable which he occupies, and who is a resident householder, saving the case of the lessee of a store, shop, office or business establishment;

 (11) (subparagraph repealed);

“officer or employee of the municipality”;

 (12) the expression “officer or employee of the municipality” means any officer or employee of the municipality, with the exception of members of the Council;

“standardized assessment”.

 (13) the expression “standardized assessment” means the product obtained by multiplying each value entered on the assessment roll of a municipality by the factor established for that roll by the Minister of Municipal Affairs, Regions and Land Occupancy under the Act respecting municipal taxation (chapter F-2.1).

Domicile.

The domicile of a person, within the meaning of this Act, is at the same place as under the Civil Code for the exercise of his civil rights.

R. S. 1964, c. 193, s. 4 (part); 1968, c. 55, s. 4, s. 5; 1979, c. 72, s. 302; 1987, c. 23, s. 76; 1987, c. 57, s. 685; 1996, c. 2, s. 122; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 13; 2009, c. 26, s. 109.

7. (Repealed).

1968, c. 55, s. 5; 1988, c. 19, s. 234.

Tax.

7.1. A provision of this Act regarding a tax based on the surface area, frontage or any other dimension of an immovable property or an immovable does not apply to a building that is an assessment unit entered on the assessment roll separately from the land on which it is situated.

1979, c. 72, s. 303.

Signature by mark.

8. Whosoever is, by the provisions of this Act or of any by-law of the council, bound to sign his name to any document and cannot do so, shall affix his mark to such document, in the presence of a witness who shall likewise sign it.

R. S. 1964, c. 193, s. 5; 1968, c. 55, s. 5; 1987, c. 57, s. 686.

Unnecessary allegations.

9. Unnecessary allegations or expressions used in any provision respecting municipal matters shall not affect the validity thereof if the whole provision in its ordinary sense be sufficiently intelligible.

R. S. 1964, c. 193, s. 6.

Designation of municipality.

10. Error or insufficiency in the designation of any municipality in any municipal document executed by a council, the officers or employees of the municipality or any other person, or in the declaration of the quality of such officer, employee or person, provided no surprise or injustice result therefrom, shall not render such act null.

R. S. 1964, c. 193, s. 7; 1968, c. 55, s. 5.

Omission of formality.

11. No suit, defence or exception, founded upon the omission of any formality, even imperative, in any act of the council or of an officer or employee of the municipality, shall prevail, unless the omission has caused actual prejudice or it be of a formality whose omission, according to the provisions of the law, would render null the proceeding from which it was omitted.

R. S. 1964, c. 193, s. 8; 1968, c. 55, s. 5.

Oaths.

12. Any oath required by this Act or by the charter may be taken before the mayor, the clerk, a justice of the peace, a commissioner for oaths or a notary.

Certificate.

Any person before whom an oath may be taken may and shall, whenever he is called upon to do so, administer the oath and deliver a certificate thereof without fee to the party taking the same.

R. S. 1964, c. 193, s. 9.

Deposition. Information.

13. Whenever any deposition or information is required to be given under oath, on behalf of any municipality, such deposition or information may be given by any member or officer or employee of the municipality.

R. S. 1964, c. 193, s. 10; 1968, c. 55, s. 5.

Offence and penalty.

14. Every person who refuses or neglects, without reasonable cause, to perform any act or duty imposed upon him by any provision of this Act or of the charter, or required of him under such provisions, is liable, over and above any damages for the damage caused, to a penalty of not less than $20 nor more than $50, except in cases otherwise provided for.

R. S. 1964, c. 193, s. 11; 1979, c. 36, s. 55; 1999, c. 40, s. 51.

Powers of the Attorney General.

14.1. The Attorney General may

 (1) present a motion to quash or set aside a by-law of the council or a procès-verbal, roll, resolution or other order of the council or of the executive committee;

 (2) exercise, against a member of the council or an officer or employee of a municipality or of a supramunicipal body who is disqualified from holding his office or employment, the recourse provided for in articles 838 to 843 of the Code of Civil Procedure (chapter C-25).

“supramunicipal body”.

For the purposes of this section, the expression “supramunicipal body” has the meaning given to it by sections 18 and 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

1980, c. 16, s. 67; 1982, c. 63, s. 109; 1988, c. 85, s. 83; 1996, c. 2, s. 123; 2000, c. 56, s. 225.

DIVISION II 
Repealed, 1988, c. 19, s. 235.
1988, c. 19, s. 235.

15. (Repealed).

R. S. 1964, c. 193, s. 12; 1968, c. 55, s. 7; 1988, c. 19, s. 235.

16. (Repealed).

R. S. 1964, c. 193, s. 13; 1968, c. 55, s. 7; 1980, c. 16, s. 68; 1987, c. 57, s. 687; 1988, c. 19, s. 235.

17. (Repealed).

R. S. 1964, c. 193, s. 14; 1968, c. 55, s. 5, s. 8; 1987, c. 57, s. 688; 1988, c. 19, s. 235.

18. (Repealed).

R. S. 1964, c. 193, s. 15; 1968, c. 55, s. 9; 1974, c. 45, s. 3; 1977, c. 5, s. 14; 1987, c. 57, s. 689; 1988, c. 19, s. 235.

19. (Repealed).

R. S. 1964, c. 193, s. 16; 1988, c. 19, s. 235.

DIVISION III 
Repealed, 1988, c. 19, s. 235.
1988, c. 19, s. 235.

20. (Repealed).

R. S. 1964, c. 193, s. 17; 1968, c. 55, s. 10; 1987, c. 57, s. 690; 1988, c. 19, s. 235.

21. (Repealed).

R. S. 1964, c. 193, s. 19; 1968, c. 55, s. 5; 1987, c. 57, s. 691; 1988, c. 19, s. 235.

22. (Repealed).

R. S. 1964, c. 193, s. 20; 1988, c. 19, s. 235.

23. (Repealed).

R. S. 1964, c. 193, s. 21; 1988, c. 19, s. 235.

24. (Repealed).

R. S. 1964, c. 193, s. 22; 1988, c. 19, s. 235.

25. (Repealed).

R. S. 1964, c. 193, s. 23; 1979, c. 72, s. 304; 1988, c. 19, s. 235.

26. (Repealed).

R. S. 1964, c. 193, s. 24; 1992, c. 57, s. 467; 1988, c. 19, s. 235.

DIVISION IV 
ORGANIZATION OF THE MUNICIPALITY

§ 1. —  General powers of the municipality
1988, c. 19, s. 236.

27. (Repealed).

R. S. 1964, c. 193, s. 25; 1988, c. 19, s. 237.

Seal.

28.  (1) A municipality may have a seal.

Alienation of property.

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

Prohibition.

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

Transfer or loan.

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

 (2) (Subsection repealed).

Surety.

 (3) Every municipality may also become surety for any institution, partnership or legal person devoted to the pursuit of purposes mentioned in the second paragraph of section 8, subparagraph 2 of the first paragraph of section 91 or the first paragraph of section 93 of the Municipal Powers Act (chapter C-47.1).

Authorization.
However, a municipality having a population of less than 50,000 shall obtain the authorization of the Minister of Municipal Affairs, Regions and Land Occupancy to become surety for an obligation of $50,000 or more, and a municipality having a population of 50,000 or over shall obtain such an authorization if the obligation that is the object of the surety is in the amount of $100,000 or more.

Approval.
The Minister may, where his authorization is required, require that the resolution or by-law authorizing the surety be subject to the approval of persons qualified to vote on loan by-laws according to the procedure provided for the approval of the by-laws.

 (4) (Subsection repealed).

R. S. 1964, c. 193, s. 26; 1968, c. 55, s. 12; 1977, c. 5, s. 14; 1979, c. 36, s. 56; 1982, c. 63, s. 110; 1984, c. 38, s. 5; 1985, c. 27, s. 11; 1994, c. 33, s. 1; 1995, c. 34, s. 1; 1996, c. 2, s. 124; 1996, c. 27, s. 1; 1996, c. 77, s. 8; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 56, s. 218; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 187; 2009, c. 26, s. 109.

28.0.0.1. (Repealed).

1995, c. 34, s. 2; 2005, c. 6, s. 194.

28.0.0.2. (Repealed).

2002, c. 37, s. 70; 2005, c. 6, s. 194.

28.0.1. (Repealed).

1995, c. 7, s. 7; 1997, c. 77, s. 9; 2005, c. 6, s. 194.

28.1. (Repealed).

1983, c. 57, s. 42; 2005, c. 6, s. 194.

28.2. (Repealed).

1983, c. 57, s. 42; 2005, c. 6, s. 194.

28.3. (Repealed).

1983, c. 57, s. 42; 1984, c. 38, s. 6; 1985, c. 27, s. 12; 1995, c. 34, s. 3.

28.4. (Repealed).

1983, c. 57, s. 42; 1995, c. 34, s. 3.

29. Every municipality may acquire, construct and equip immovables in its territory which may be leased or disposed of by gratuitous or onerous title, in all or in part, for the benefit

 (1) of a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);

 (1.1) of a school board, a general and vocational college or an institution referred to in the Act respecting the Université du Québec (chapter U-1);

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

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

The clerk shall, within 30 days of the making of the deed of conveyance or lease, publish a notice indicating the identity of the purchaser or lessee, as the case may be, and the price of alienation or the rent.

1977, c. 52, s. 2; 1979, c. 36, s. 57; 1984, c. 38, s. 7; 1985, c. 27, s. 13; 1992, c. 21, s. 120, s. 375; 1994, c. 23, s. 23; 1995, c. 34, s. 4; 1996, c. 2, s. 125; 1996, c. 16, s. 60; 1997, c. 58, s. 20; 1998, c. 31, s. 8; 2005, c. 47, s. 136; 2011, c. 16, s. 179; 2013, c. 23, s. 102.

Delegation.

29.1. A municipality may accept the delegation of any power from the Government, a minister of the Government or any agency or body of the Government, where the law allows such a delegation, and exercise that power.

1980, c. 34, s. 3; 1987, c. 102, s. 38; 1996, c. 2, s. 126; 2000, c. 56, s. 225.

Agreement.

29.1.1. A municipality may enter into an agreement with the Government under which certain responsibilities, defined in the agreement, that are assigned by an Act or regulation to the Government, to a Minister or to a government body, are transferred to the municipality.

Agreement.

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

1996, c. 27, s. 2; 2002, c. 77, s. 28.

29.1.2. (Repealed).

1996, c. 27, s. 2; 2002, c. 77, s. 29.

Agreement.

29.1.3. A municipality may join with any municipality or metropolitan community for the purposes of an agreement with the Government under section 29.1.1.

1996, c. 27, s. 2; 2000, c. 56, s. 218.

Agreement.

29.1.4. An agreement entered into under section 29.1.1 shall prevail over any inconsistent provision of any general law or special Act or of any regulation thereunder.

1996, c. 27, s. 2.

29.1.5. (Repealed).

1996, c. 27, s. 2; 2000, c. 56, s. 105.

Agreement.

29.2. The Minister of Agriculture, Fisheries and Food may enter into an agreement with one or more municipalities, designated by the Government, respecting the administration within the territory of any municipality that is a party to the agreement, of the provisions of Acts, regulations or orders respecting the inspection of food that are under the administration of the Minister.

Restricted competence.

If one of the municipalities that is a party to the agreement is charged with administering provisions in all or part of the territory of another municipality, that competence does not extend to the institution of penal proceedings for an offence under such a provision committed in the territory of that other municipality.

Agreement.

The cities of Québec, Sherbrooke and Trois-Rivières may enter into an agreement with the Minister of Agriculture, Fisheries and Food respecting food inspection programs in connection with the application of the by-laws of the city.

1982, c. 64, s. 4; 1986, c. 31, s. 1; 1996, c. 2, s. 127; 1996, c. 77, s. 10; 2000, c. 56, s. 106.

Proceedings.

29.2.1. A municipality that is a party to an agreement under the first paragraph of section 29.2 may, unless the agreement provides otherwise, institute penal proceedings for an offence committed in its territory under a provision covered by the agreement.

Fine.

The fine shall belong to the municipality if it instituted the proceedings.

Municipal court, costs.

Proceedings referred to in the first paragraph may be instituted in any municipal court having jurisdiction over the territory in which the offence was committed. The costs relating to proceedings brought before a municipal court shall belong to the municipality responsible for the court, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C-25.1) and the costs paid to the defendant under article 223 of that Code.

1996, c. 77, s. 10; 2003, c. 5, s. 26.

Approval of convention.

29.3. Every convention under which a municipality makes a financial commitment for a period exceeding five years must, to be binding on it, be previously approved by the Minister of Municipal Affairs, Regions and Land Occupancy, except in the case of a convention requiring it to pay fees for professional services, a work contract or an intermunicipal agreement.

Exception.

However, in the case of a municipality with a population of 100,000 or more, the five-year period mentioned in the first paragraph is replaced by a 10-year period, unless the average annual expenditures entailed by the convention for the fiscal years following the one in which the resolution authorizing the municipality to enter into the convention is adopted exceed 0.5% of the total appropriations provided for in the municipality's budget for operating expenses for that fiscal year.

Approval.

The Minister may require that the resolution or by-law ordering the financial commitment be subject to the approval of persons qualified to vote on loan by-laws according to the procedure provided for the approval of the by-laws.

1984, c. 38, s. 8; 1994, c. 33, s. 2; 1995, c. 34, s. 5; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 105, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Land reserve.

29.4. A municipality may own immovables for the purposes of a land reserve.

Housing.

A municipality may also own immovables for housing purposes and it may

 (1) lease the immovables;

 (2) equip the immovables and install public services therein;

 (3) demolish, move or restore any construction erected on the immovables;

 (4) erect a construction on the immovables.

Gratuitous alienation.

Notwithstanding any inconsistent provision, the municipality may also alienate an immovable referred to in this section gratuitously in favour of the Government, any of its ministers or bodies, a regional county municipality, the housing bureau or any other non-profit agency, in addition to the persons mentioned in section 29.

1985, c. 27, s. 14; 1995, c. 34, s. 6; 1996, c. 2, s. 209; 1998, c. 31, s. 9; 2002, c. 37, s. 71.

Agreement.

29.5. A municipality may enter into an agreement with another municipality, a public institution referred to in section 29, a school board, an educational institution or a non-profit agency in order to jointly perform any of the following acts:

 (1) procure equipment, materials or services;

 (2) take out insurance;

 (3) carry out work;

 (4) call for tenders for the purpose of awarding contracts.

Agreement.

Despite the Municipal Aid Prohibition Act (chapter I-15), an agreement referred to in the first paragraph may be entered into with the owner of a mobile home park.

Agreement.

The agreement may pertain to only part of the process involved in performing the act concerned.

1985, c. 27, s. 14; 1992, c. 21, s. 121, s. 375; 1996, c. 2, s. 209; 1996, c. 27, s. 3; 2003, c. 19, s. 106; 2009, c. 26, s. 17.

Delegation of powers.

29.6. A party to an agreement under section 29.5 may delegate any power necessary for carrying out the agreement to another party.

Tender by the delegated party.

If the power to call for tenders is delegated, the acceptance of a tender by the delegated party shall bind each delegating party to the tenderer.

1985, c. 27, s. 14; 1996, c. 2, s. 209; 2003, c. 19, s. 106.

Applicable rules.

29.7. Subject to the second paragraph, the rules governing the awarding of contracts by a municipality apply to any contract awarded pursuant to an agreement under section 29.5. The total amount of the expenditures incurred by all the parties under the contract must be taken into consideration when applying those rules.

Exercise of powers.

To the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to any of the municipalities concerned are observed, the Minister of Municipal Affairs, Regions and Land Occupancy may exercise the power conferred by section 573.3.1 in relation to a contract referred to in the first paragraph.

1985, c. 27, s. 14; 1992, c. 21, s. 122, s. 375; 1994, c. 33, s. 3; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 9; 2003, c. 19, s. 106; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

29.8. (Replaced).

1985, c. 27, s. 14; 2003, c. 19, s. 106.

29.9. (Replaced).

1985, c. 27, s. 14; 1994, c. 33, s. 4; 1996, c. 2, s. 209; 1996, c. 27, s. 4; 2001, c. 25, s. 10; 2003, c. 19, s. 106.

Agreement.

29.9.1. A municipality may enter into an agreement with the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM), or with both bodies, for the purchase of equipment or materials, the execution of work or the awarding of an insurance contract or a contract for the supply of services by the body or bodies in the name of the municipality.

Applicable rules.

Any contract entered into in accordance with an agreement described in the first paragraph is subject to the rules governing the awarding of contracts applicable to a municipality; however, it is only subject to the contract management policy of the party responsible for carrying out the agreement. To be designated responsible for carrying out the agreement, the Union and the Federation must have adopted a contract management policy in accordance with section 573.3.1.2.

1992, c. 27, s. 1; 1995, c. 34, s. 7; 1996, c. 27, s. 5; 1999, c. 90, s. 4; 2001, c. 25, s. 11; 2011, c. 11, s. 5.

Delegation.

29.9.2. The party responsible for carrying out an agreement entered into under section 29.5 or 29.9.1 may, by agreement, delegate that responsibility to the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1) or to a department that is not required to call on the Centre's services.

Responsibility.

The party responsible for carrying out an agreement to which reference is made in the first paragraph may also, by agreement, delegate that responsibility to a non-profit organization whose principal activity consists in managing the joint procurement of property or services for public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native Persons (chapter S-5), for school boards, for educational institutions or for non-profit organizations.

Non-applicability of rules.

The rules governing the awarding of contracts by a municipality do not apply to acquisitions made or conditions of acquisition negotiated by the Centre de services partagés du Québec or a department in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1). The Minister of Municipal Affairs, Regions and Land Occupancy may, to the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to any of the municipalities concerned are observed, provide that such rules do not apply to contracts awarded by the delegating body referred to in the second paragraph, or to any class thereof.

1994, c. 33, s. 5; 1995, c. 34, s. 8; 1996, c. 27, s. 6; 1999, c. 43, s. 13; 2000, c. 8, s. 240; 2003, c. 19, s. 107, s. 250; 2005, c. 28, s. 196; 2005, c. 7, s. 57; 2006, c. 29, s. 52; 2009, c. 26, s. 109.

Agreement.

29.10. A municipality, in accordance with the rules applicable to it, may enter into an agreement with the council of a band, within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) or of the Cree—Naskapi (of Québec) Act (Statutes of Canada, 1984, chapter 18), provided it is an agreement which, by law, may be entered into between two municipalities.

1986, c. 31, s. 2; 1996, c. 2, s. 128; 2000, c. 56, s. 225.

Agreement.

29.10.1. A municipality may enter into an agreement with the council of a band within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) in relation to the exercise of its powers on the reserve over which the council of the band has authority and which is included within the territory of the municipality.

Approval.

Such an agreement must be approved by the Government. It shall prevail over any inconsistent provision of a general law or special Act or of any regulation thereunder. In particular, it may provide that

 (1) the municipality is to renounce its power to impose any tax, compensation or mode of tariffing on the immovables situated on the reserve or in respect of them;

 (2) the Act respecting duties on transfers of immovables (chapter D-15.1) is not to apply to transfers of immovables situated on the reserve;

 (3) the tax base of the school tax is, on the reserve, to be different from the tax base established in section 310 of the Education Act (chapter I-13.3);

 (4) all or part of the by-laws of the municipality are not to apply on the reserve.

Retroactive effect.

Such an agreement may have retroactive effect to the date fixed by the order of the Government approving the agreement.

Order.

The order may approve the agreement and fix the date from which is has effect, and may, to provide for the impact of the agreement, create a municipal rule of law or derogate from any provision of an Act for which the Minister of Municipal Affairs, Regions and Land Occupancy is responsible, of a special Act governing a municipality, or of an instrument under such an Act.

1996, c. 67, s. 61; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

29.11. (Repealed).

1987, c. 12, s. 46; 1996, c. 2, s. 209; 2000, c. 10, s. 23; 2005, c. 6, s. 194.

Power to enter into agreement.

29.12. Subject to the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and the Act respecting the Ministère du Conseil exécutif (chapter M-30), a municipality may enter into an agreement with any person or any government other than the Gouvernement du Québec, or with any department or body of such a government, the object of which is the supply by the municipality of services, expertise, material, materials or equipment relating to any matter within its jurisdiction, so that they may be employed or used profitably outside Québec.

Power to implement agreement.

The municipality may implement the agreement and exercise the rights and perform the obligations arising from the agreement, even outside its territory.

1994, c. 33, s. 6; 1994, c. 15, s. 35; 1996, c. 27, s. 7; 1996, c. 21, s. 70.

29.12.1. (Repealed).

1996, c. 27, s. 8; 2005, c. 6, s. 194.

Subdelegation.

29.12.2. Every municipality to which a jurisdiction has been delegated may, if so authorized by the party having delegated its jurisdiction and subject to the conditions determined by that party, subdelegate all or part of the jurisdiction to a legal person established in the public interest, to a body referred to in this subdivision or to the Centre de services partagés du Québec.

1998, c. 31, s. 10; 2005, c. 7, s. 58.

§ 1.1. —  Acquisition, administration, development and disposition of certain lands or forest resources in the domain of the State
1995, c. 20, s. 36; 1999, c. 40, s. 51; 2001, c. 6, s. 131.

29.13. Every municipality may enter into an agreement under subdivision 3 of Division II.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2) or Division I.1 of Chapter II of the Act respecting the lands in the domain of the State (chapter T-8.1).

1995, c. 20, s. 36; 2003, c. 8, s. 6; 2003, c. 16, s. 49; 2006, c. 3, s. 35; 2010, c. 3, s. 261.

29.14. Every municipality that enters into an agreement pursuant to section 29.13 has the necessary powers to meet the commitments and assume the responsibilities arising from the agreement.

The municipality may, in particular,

 (1) acquire any land in the domain of the State;

 (2) administer, develop, alienate or lease land acquired from the domain of the State;

 (3) lease land in the domain of the State in order to administer and develop it;

 (4) accept delegated powers for the management of land areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas;

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

1995, c. 20, s. 36; 1997, c. 93, s. 46; 1999, c. 40, s. 51; 2001, c. 6, s. 132; 2010, c. 3, s. 262.

29.14.1. Every municipality that enters into an agreement under section 29.13 may, to the extent provided for by the agreement, institute penal proceedings for an offence committed in its territory under a legislative or regulatory provision the application of which is the subject of the agreement.

The fine belongs to the local municipality if it instituted the proceedings, and must be paid into a fund established under section 126 of the Municipal Powers Act (chapter C-47.1) by the regional county municipality whose territory contains that of the local municipality. If a local municipality whose territory is not contained in the territory of a regional county municipality institutes the proceedings, the fine belongs to the local municipality and must be paid into a fund established by it under that same section. The Minister of Natural Resources and Wildlife may authorize payment into any other such fund the Minister determines.

Proceedings referred to in the first paragraph may be instituted in a municipal court having jurisdiction in the territory in which the offence was committed. The costs relating to proceedings instituted before a municipal court belong to the municipality in which the court has jurisdiction, except any part of the costs remitted by the collector to another prosecuting party under article 345.2 of the Code of Penal Procedure (chapter C-25.1) and any costs remitted to the defendant or imposed on the municipality under article 223 of that Code.

1997, c. 93, s. 47; 1998, c. 31, s. 11; 2003, c. 8, s. 6; 2003, c. 5, s. 26; 2005, c. 6, s. 188; 2010, c. 3, s. 263.

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

1997, c. 93, s. 47; 2001, c. 6, s. 133; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2010, c. 3, s. 264.

Land in domain of the State.

29.15. For the purposes of this subdivision, land in the domain of the State includes the buildings, improvements and movable property situated thereon that form part of the domain of the State.

1995, c. 20, s. 36; 1999, c. 40, s. 51.

Prohibition.

29.16. No person may appropriate by occupation, prescription or accession, land acquired from the domain of the State by a municipality for as long as the municipality remains the owner of the land.

Prohibition.

The same rule applies to buildings, improvements and movable property which, at the time the land was acquired from the domain of the State, were situated on the land and formed part of the domain of the State.

1995, c. 20, s. 36; 1999, c. 40, s. 51.

29.17. Subject to the agreement referred to in section 29.13, a municipality may use land acquired from the domain of the State for any purpose over which it has jurisdiction, or alienate it.

Unless otherwise provided for in the agreement, the price for which the land is alienated by the municipality must correspond to the market value of the land.

1995, c. 20, s. 36; 1999, c. 40, s. 51; 2010, c. 3, s. 265.

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

The Minister of Natural Resources and Wildlife may authorize the payment of such sums into any other such fund he determines.

A municipality may subtract from the sums to be paid into the fund the amount, if any, that represents the costs relating to the acquisition, administration or development of land in the domain of the State or acquired from the domain of the State or the costs relating to the management of the land areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas, excepting any expenditure on forest management.

1995, c. 20, s. 36; 1998, c. 31, s. 12; 1999, c. 40, s. 51; 2001, c. 6, s. 134; 2003, c. 8, s. 6; 2005, c. 6, s. 189; 2006, c. 3, s. 35; 2010, c. 3, s. 266.

§ 1.2. —  Occupation of the public domain of the municipality
2002, c. 77, s. 30.

Powers.

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

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

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

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

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

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

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

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

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

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

Categories of cases.

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

2002, c. 77, s. 30.

Removal of structure or installation.

29.20. Where the by-law provided for in section 29.19 is in force, every structure or installation situated in the public domain of the municipality otherwise than in accordance with an authorization granted under the by-law must be removed from the public domain of the municipality.

Rules.

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

2002, c. 77, s. 30.

Liability.

29.21. Every person who occupies the public domain of the municipality in accordance with an authorization granted under the by-law provided for in section 29.19 is liable for any harm resulting from that occupation.

Indemnity.

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

2002, c. 77, s. 30.

Legal hypothec.

29.22. The amount payable under subparagraph 2 of the first paragraph of section 29.19 is secured by a legal hypothec on the immovable for whose utility the occupation of the public domain of the municipality was authorized.

Collection of amount.

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

2002, c. 77, s. 30.

§ 2. —   Repealed, 1988, c. 19, s. 238.
1988, c. 19, s. 238.

30. (Repealed).

R. S. 1964, c. 193, s. 27; 1988, c. 19, s. 238.

31. (Repealed).

R. S. 1964, c. 193, s. 28; 1988, c. 19, s. 238.

32. (Repealed).

R. S. 1964, c. 193, s. 29; 1984, c. 47, s. 213; 1988, c. 19, s. 238.

§ 3. —   Repealed, 1987, c. 57, s. 692.
1987, c. 57, s. 692.

33. (Repealed).

R. S. 1964, c. 193, s. 30; 1968, c. 55, s. 13; 1987, c. 57, s. 692.

34. (Repealed).

R. S. 1964, c. 193, s. 31; 1968, c. 55, s. 5; 1987, c. 57, s. 692.

35. (Repealed).

R. S. 1964, c. 193, s. 32; 1968, c. 55, s. 5; 1987, c. 57, s. 692.

§ 4. —   Repealed, 1988, c. 19, s. 239.
1988, c. 19, s. 239.

36. (Repealed).

R. S. 1964, c. 193, s. 33; 1987, c. 57, s. 693; 1988, c. 19, s. 239.

37. (Repealed).

R. S. 1964, c. 193, s. 34; 1968, c. 55, s. 14; 1988, c. 19, s. 239.

38. (Repealed).

R. S. 1964, c. 193, s. 35; 1968, c. 55, s. 14; 1975, c. 66, s. 1; 1987, c. 57, s. 694; 1988, c. 19, s. 239.

39. (Replaced).

R. S. 1964, c. 193, s. 36; 1968, c. 55, s. 14; 1975, c. 66, s. 2; 1987, c. 57, s. 694.

40. (Repealed).

R. S. 1964, c. 193, s. 37; 1968, c. 55, s. 14; 1969, c. 55, s. 2; 1987, c. 57, s. 695; 1988, c. 19, s. 239.

41. (Repealed).

R. S. 1964, c. 193, s. 38; 1968, c. 55, s. 14; 1969, c. 55, s. 3; 1974, c. 47, s. 1; 1975, c. 66, s. 3; 1980, c. 16, s. 69; 1982, c. 63, s. 111; 1987, c. 57, s. 696.

42. (Repealed).

R. S. 1964, c. 193, s. 43; 1968, c. 55, s. 15; 1969, c. 55, s. 4; 1977, c. 5, s. 14; 1977, c. 52, s. 3; 1979, c. 36, s. 58; 1987, c. 57, s. 697; 1988, c. 19, s. 239.

42.1. (Repealed).

1987, c. 57, s. 698; 1988, c. 19, s. 239.

43. (Repealed).

1975, c. 66, s. 4; 1977, c. 52, s. 4; 1987, c. 57, s. 699; 1988, c. 19, s. 239.

44. (Repealed).

R. S. 1964, c. 193, s. 44; 1968, c. 55, s. 16; 1975, c. 66, s. 5; 1982, c. 63, s. 112; 1987, c. 57, s. 700; 1988, c. 19, s. 239.

45. (Repealed).

R. S. 1964, c. 193, s. 45; 1968, c. 55, s. 5; 1988, c. 19, s. 239.

46. (Repealed).

1975, c. 66, s. 6; 1977, c. 52, s. 5; 1988, c. 19, s. 239.

46.1. (Repealed).

1979, c. 36, s. 59; 1988, c. 19, s. 239.

46.2. (Repealed).

1982, c. 63, s. 113; 1988, c. 19, s. 239.

46.3. (Repealed).

1982, c. 63, s. 113; 1988, c. 19, s. 239.

46.4. (Repealed).

1985, c. 27, s. 15; 1988, c. 19, s. 239.

§ 5. —  Council, Mayor, Councillors and Committees of the Council

Council.

47. The municipality shall be represented and its affairs administered by its council.

R. S. 1964, c. 193, s. 46; 1996, c. 2, s. 209.

48. (Repealed).

R. S. 1964, c. 193, s. 47; 1968, c. 55, s. 5; 1987, c. 57, s. 701.

49. (Repealed).

R. S. 1964, c. 193, s. 48; 1968, c. 55, s. 17; 1969, c. 55, s. 5; 1987, c. 57, s. 701.

50. (Repealed).

R. S. 1964, c. 193, s. 49; 1968, c. 55, s. 17; 1969, c. 55, s. 5; 1987, c. 57, s. 701.

51. (Repealed).

R. S. 1964, c. 193, s. 50; 1968, c. 55, s. 17; 1987, c. 57, s. 701.

Mayor's powers.

52. The mayor shall exercise the right of superintendence, investigation and control over all the departments and officers or employees of the municipality, and especially shall see that the revenue of the municipality is collected and expended according to law, and that the provisions of the law and all by-laws, rules and regulations of the council are faithfully and impartially enforced. He shall lay before the council such proposals as he may deem necessary or advisable, and shall communicate to the council all information and suggestions relating to the improvement of the finances, police, health, security, cleanliness, comfort and progress of the municipality.

Suspension of employees.

In the exercise of his functions as the executive head of the municipal administration, the mayor shall have the right, at any time, to suspend any officer or employee of the municipality, but he shall report to the council at the first sitting following such suspension, and state in writing the reasons therefor; the suspended officer or employee shall receive no salary for the time during which he is suspended, unless the council decides otherwise respecting such suspension and the suspension shall only be valid until such sitting.

R. S. 1964, c. 193, s. 51; 1968, c. 55, s. 5, s. 18.

Approval of by-laws.

53. The by-laws and resolutions adopted by the council and the obligations and contracts approved by it shall be presented by the clerk to the mayor within ninety-six hours after such adoption or approval.

Reconsideration.

If, within such time, the mayor advises the clerk that he does not approve them, the latter shall submit them again to the council at the next sitting as a matter of urgency and priority.

If by-law reaffirmed.

If the absolute majority of the members of the council reaffirm such by-law, resolution, obligation or contract, the mayor shall sign and approve the same, and if he refuse, such by-law, resolution, obligation or contract shall be legal and valid, as if signed and approved by him, subject, nevertheless, to any special provision of law by which a specified majority of the council is required for the approval of a by-law, resolution, obligation or contract, or where the approval of the mayor is specially required.

Acting mayor.

The acting mayor shall not exercise the powers conferred on the mayor by the second paragraph of this section.

R. S. 1964, c. 193, s. 52; 1968, c. 55, s. 19; 1999, c. 40, s. 51.

Communications from Minister.

54. Where so ordered by the Minister of Municipal Affairs, Regions and Land Occupancy, the mayor is bound to read to the council all circulars or communications addressed to the mayor or to the council by the Minister. The mayor shall also, where so required by the council or by the Minister, publish them in the manner prescribed for the publication of public notices.

R. S. 1964, c. 193, s. 53; 1968, c. 55, s. 20; 1996, c. 2, s. 210; 1996, c. 77, s. 11; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Information.

55. He shall furnish to the Lieutenant-Governor or to the Minister of Municipal Affairs, Regions and Land Occupancy, on demand, all information concerning the execution of the municipal law, and all other information which he may be able to give with the concurrence of the council.

R. S. 1964, c. 193, s. 54; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

56. The council shall appoint a councillor as acting mayor for the period it determines.

The acting mayor shall have and exercise the powers of the mayor when the mayor is absent from the territory of the municipality or unable to perform the duties of his office. When the inability results from a provisional incapacity declared under section 312.1 of the Act respecting elections and referendums in municipalities (chapter E-2.2), the acting mayor shall have and exercise all the powers conferred on the mayor, despite the fourth paragraph of section 53 and any inconsistent legislative provision contained in the charter of a municipality governed in part by this Act.

1971, c. 55, s. 1; 1996, c. 2, s. 129; 2003, c. 19, s. 108; 2013, c. 3, s. 1.

Vacancy in office of mayor.

57. If the office of mayor becomes vacant, the acting mayor shall fill such office ex officio while the vacancy lasts.

1971, c. 55, s. 1.

Applicable provisions.

57.1. Sections 52 to 57 apply to every municipality governed by this Act, even if a provision of the charter of the municipality that came into force before 19 December 1968 repeals, replaces or amends, directly or indirectly, one of those sections.

Exception.

However, subject to section 3, section 52 does not apply to Ville de Laval or Ville de Hull.

1996, c. 2, s. 130.

58. (Repealed).

R. S. 1964, c. 193, s. 55; 1968, c. 55, s. 21; 1987, c. 57, s. 702.

59. (Repealed).

R. S. 1964, c. 193, s. 59; 1968, c. 55, s. 23; 1987, c. 57, s. 702.

60. (Repealed).

R. S. 1964, c. 193, s. 60; 1968, c. 55, s. 23; 1969, c. 55, s. 6; 1987, c. 57, s. 702.

61. (Repealed).

R. S. 1964, c. 193, s. 61; 1968, c. 55, s. 23; 1971, c. 55, s. 4; 1977, c. 52, s. 7; 1982, c. 63, s. 114.

62. (Repealed).

1971, c. 55, s. 5; 1977, c. 52, s. 8; 1982, c. 63, s. 114.

63. (Repealed).

R. S. 1964, c. 193, s. 62; 1968, c. 55, s. 5; 1987, c. 57, s. 703.

64. (Repealed).

R. S. 1964, c. 193, s. 63; 1968, c. 55, s. 24; 1982, c. 63, s. 115; 1987, c. 57, s. 703.

65. (Repealed).

R. S. 1964, c. 193, s. 64; 1968, c. 55, s. 24; 1969, c. 55, s. 7; 1974, c. 47, s. 2; 1974, c. 45, s. 4; 1975, c. 66, s. 7; 1977, c. 52, s. 9; 1979, c. 36, s. 60; 1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.1. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.2. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.3. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.4. (Repealed).

1980, c. 16, s. 70; 1983, c. 57, s. 43; 1988, c. 30, s. 33.

65.5. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.6. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.7. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.8. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.9. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.10. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.11. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.12. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.13. (Repealed).

1980, c. 16, s. 70; 1982, c. 62, s. 143; 1983, c. 57, s. 44; 1988, c. 30, s. 33.

65.14. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

65.15. (Repealed).

1980, c. 16, s. 70; 1988, c. 30, s. 33.

Pensions authorized.

66. The council of a municipality having a population of at least 50,000 souls may grant by by-law to every person who has held office as a member of the council for twelve years or more, and who has ceased to hold such office after 1 January of the year in which the by-law is passed, an annual pension of $1,500 payable in equal and consecutive instalments on the first day of each month. The repeal of such a by-law cannot be set up against persons respecting whom it applies or has already applied.

Contribution.

In order to benefit from such pension payments, the members of the council must pay into the general administration fund a contribution equal to 5% of their annual remuneration for each of the last five years, or for the period since taking office in the case of those who have held office for less than five years.

Reimbursement.

If a councillor or the mayor does not hold office for twelve years, the amounts so paid shall be reimbursed to him without interest.

Maximum pension.

Such pension shall be increased by $500 for each year or part of a year during which such person has held the office of mayor, but it shall in no case exceed $5,000.

Pension unassignable, unseizable.

Such pension shall be unassignable and unseizable.

Restriction.

The payment of such pension shall be suspended during any period when the beneficiary holds, temporarily or permanently, any charge, office or situation involving remuneration paid by the municipality.

Part of a year.

In computing any such period of twelve years, a part of a year shall be counted as a full year.

By-law.

In no case may the council of a municipality adopt a by-law, after 12 December 1974, to grant a pension pursuant to this section.

1968, c. 55, s. 24; 1988, c. 85, s. 84.

Validity of votes, acts.

67. No vote given by a person unlawfully holding office as mayor or councillor, and no act in which he participates in such quality, may be set aside solely by reason of the illegal exercise of such office.

R. S. 1964, c. 193, s. 65; 1968, c. 55, s. 5.

68. (Repealed).

R. S. 1964, c. 193, s. 66; 1968, c. 55, s. 5, s. 25; 1992, c. 61, s. 116.

Inquiries.

69. If questions of fact arise in matters before the council or any of its committees, which the interests of the municipality require to be investigated by the examination of witnesses on oath or otherwise, or if it also becomes necessary, in the like interest, to institute inquiries into the truth of representations which may be made to the council respecting matters within its jurisdiction, any committee appointed by the council to investigate the same, or to make such inquiry, or the committee before which any such question arises, may issue a summons signed by its chairman requiring any person to appear before such committee, for the purpose of giving evidence touching such question or inquiry, and also, if deemed expedient, to produce any papers or documents in his possession or under his control, bearing upon such question or inquiry, and described in such summons.

Fine.

Every person so neglecting or refusing to appear, or refusing to produce papers or to be examined as aforesaid, shall be subject to a fine of not more than $40.

Oath.

The chairman of any committee of the council may administer the oath to the witnesses.

R. S. 1964, c. 193, s. 67; 1986, c. 95, s. 45; 1990, c. 4, s. 172.

Committees.

70.  (1) The council may appoint permanent or special committees, composed of as many of its members as it may deem necessary, to supervise the administration of the several civic departments for which they are respectively appointed, and to manage such business as it may, by by-law or resolution, assign to them.

Replacing members.

The council may replace any member of the said committees whenever it thinks proper.

Mayor.

The mayor shall be a member ex officio of all committees, and shall have a right to vote therein.

Reports.

Every committee shall render account of its labours and decisions by reports signed by its chairman or by a majority of the members who compose it.

Adoption.

No report of a committee appointed under this section shall have any effect until it has been ratified or adopted by the council.

 (2) (Subsection repealed).

 (3) (Subsection repealed).

R. S. 1964, c. 193, s. 68; 1968, c. 55, s. 5, s. 26; 1979, c. 51, s. 260.

Remuneration.

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

Reimbursement of expenses.

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

2003, c. 19, s. 109.

§ 5.1. —  Executive Committee
1978, c. 63, s. 119.

Executive committee.

70.1. The council may, by by-law adopted by a two-thirds majority of the votes, create an executive committee of three members if the council is composed of from 12 to 20 councillors or five members if the council is composed of more than 20 councillors.

1978, c. 63, s. 119; 1980, c. 16, s. 71.

Chairman.

70.2. The mayor is, ex officio, chairman of the committee.

Other members.

The other members of the committee are appointed, by resolution of the council, from among its members, for a one-year term; the term is renewable.

1978, c. 63, s. 119.

Deputy chairman.

70.3. The chairman appoints, from among the other members of the committee, a deputy chairman to replace him when absent or unable to act.

1978, c. 63, s. 119.

70.4. (Repealed).

1978, c. 63, s. 119; 1980, c. 16, s. 72.

Quorum.

70.5. Two members of a committee of three, or three members of a committee of five, are a quorum.

1978, c. 63, s. 119.

Secretary.

70.6. The clerk is, ex officio, secretary of the committee.

1978, c. 63, s. 119.

70.7. (Repealed).

1978, c. 63, s. 119; 1983, c. 57, s. 45.

Functions of the committee.

70.8. The committee prepares and submits to the council:

 (a) draft by-laws;

 (b) the annual budget;

 (c) any request for the allocation of the proceeds of loans or for any other moneys required;

 (d) any request for the transfer of funds or moneys already voted;

 (e) any report that recommends the granting of franchises or privileges;

 (f) any report concerning the exchange or the lease by emphyteusis of an immovable that belongs to the municipality or the lease of the municipality's movable or immovable property under a lease of more than one year;

 (g) any report on any other subject submitted to it by the council that falls within the latter's jurisdiction;

 (h) any plan for the classification of positions and the related salaries.

1978, c. 63, s. 119; 1996, c. 2, s. 131.

Accountability.

70.9. The committee must give an account of its work to the council and no report or decision has effect unless it has been adopted or ratified by the council.

1978, c. 63, s. 119.

Applicable provisions.

70.10. Sections 70.1 to 70.9 apply to every municipality

 (a) (paragraph repealed);

 (b) that has no executive committee or administrative committee under its charter; and

 (c) whose council is made up of at least 12 councillors.

1978, c. 63, s. 119; 1979, c. 39, s. 15; 1980, c. 16, s. 73; 1982, c. 2, s. 30; 1996, c. 2, s. 132.

§ 6. —  Officers and employees of the municipality

I. —  General Provisions

Officers and employees.

71. The council shall appoint by resolution such officers and employees as it deems necessary for the administration of the municipality, and shall fix their salaries.

Absolute majority.

An absolute majority of the votes of the members of the council is required in order that the council may dismiss, suspend without pay or reduce the salary of an officer or employee who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held a position for at least six months or has held, within the municipality, a position the holder of which is not an employee within the meaning of that Code. However, in the case of the chief auditor, a two-thirds majority of the votes of the members is required.

Applicability.

The second paragraph also applies to any officer or employee who is not an employee represented by a certified association within the meaning of the Labour Code, who is designated under paragraph 7 of section 119 of the Act respecting land use planning and development (chapter A-19.1), designated under section 35 of the Municipal Powers Act (chapter C-47.1), responsible for the issuance of the authorization required under section 3 of the Groundwater Catchment Regulation (chapter Q-2, r. 6), or responsible for the issuance of a permit required under section 4 of the Regulation respecting waste water disposal systems for isolated dwellings (chapter Q-2, r. 22), and who, for at least six months, has held that position or a position, within the municipality, referred to in the second paragraph.

R. S. 1964, c. 193, s. 69; 1968, c. 17, s. 88; 1968, c. 53, s. 1; 1968, c. 55, s. 27; 1983, c. 57, s. 46; 2000, c. 12, s. 316; 2000, c. 54, s. 1; 2001, c. 25, s. 12; 2004, c. 20, s. 94; 2005, c. 6, s. 190.

Service of resolution.

72. A resolution dismissing, suspending without pay or reducing the salary of an officer or employee referred to in the second or third paragraph of section 71, shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25).

Complaint.

Subject to section 89 of the Police Act (chapter P-13.1), a person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the Commission des relations du travail established by the Labour Code (chapter C-27) to make an inquiry and dispose of the complaint.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66; 2000, c. 12, s. 317; 2000, c. 54, s. 2; 2001, c. 26, s. 86.

Provisions applicable.

72.1. The provisions of the Labour Code (chapter C-27) respecting the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19.

1995, c. 34, s. 9; 2000, c. 54, s. 2; 2001, c. 26, s. 87.

Powers of the Commission des relations du travail.

72.2. The Commission des relations du travail may

 (1) order the municipality to reinstate the officer or employee;

 (2) order the municipality to pay to the officer or employee an indemnity up to a maximum equivalent to the salary the officer or employee would normally have received had there been no such measure;

 (3) render any other decision the Commission des relations du travail believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the municipality to pay to the officer or employee compensation up to a maximum equivalent to the amount the officer or employee disbursed to exercise the recourse.

2000, c. 54, s. 2; 2001, c. 26, s. 88.

72.3. (Repealed).

2000, c. 54, s. 2; 2001, c. 26, s. 89.

Provisions applicable.

73. Sections 72 to 72.2 and 73.1 apply to a municipality even where the municipality's charter enacts for the municipality a section of this Act bearing the same number or repeals, replaces or amends section 71, directly or indirectly, in whole or in part.

1968, c. 53, s. 1; 1995, c. 34, s. 10; 1996, c. 2, s. 133; 2000, c. 54, s. 2; 2000, c. 56, s. 107; 2001, c. 26, s. 90.

Suspension.

73.1. Sections 71 to 73 do not apply to a suspension without pay unless

 (1) the suspension is for more than twenty working days, or

 (2) the suspension, whatever its duration, occurs within twelve months following the expiry of a suspension without pay for more than twenty working days.

1983, c. 57, s. 48.

Delegation of power.

73.2. The council may, on the conditions it determines, delegate to any officer or employee of the municipality who is not an employee within the meaning of the Labour Code (chapter C-27) the power to hire officers and employees who are such employees and, consequently, the power to authorize an expenditure for that purpose.

Funds available.

The hiring has no effect unless, in accordance with a by-law adopted under the second paragraph of section 477, funds are available for that purpose.

List.

The list of the persons hired under the first paragraph shall be submitted at a council meeting held after they are hired.

1996, c. 27, s. 9; 1997, c. 93, s. 48; 2006, c. 31, s. 13.

Presumption.

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

2003, c. 14, s. 156.

74. (Repealed).

R. S. 1964, c. 193, s. 70; 1968, c. 55, s. 5; 1996, c. 27, s. 10.

75. (Repealed).

R. S. 1964, c. 193, s. 71; 1968, c. 55, s. 5; 1996, c. 27, s. 10.

76. (Repealed).

R. S. 1964, c. 193, s. 72; 1995, c. 34, s. 11.

Duties of officers and employees.

77. The council may, by by-law, determine the duties of the officers or employees of the municipality not defined by this Act or the charter.

Alcoholic beverages permit.

Subject to the Act respecting liquor permits (chapter P-9.1), the council may, from time to time, by resolution, designate one of the officers or employees of the municipality to hold, for the benefit and advantage of the municipality, a permit for the sale of alcoholic beverages in any recreation centre or in any public place which it owns or leases.

R. S. 1964, c. 193, s. 73; 1968, c. 55, s. 5; 1975, c. 66, s. 8; 1979, c. 71, s. 160; 1983, c. 57, s. 49.

Majority.

78. Whenever an act or proceeding must be executed by more than two officers or employees of the municipality, it may be validly executed by the majority of such officers or employees, save in cases otherwise provided for.

R. S. 1964, c. 193, s. 74; 1968, c. 55, s. 5.

Officer or employee quitting office.

79. Every officer or employee of the municipality who has ceased to discharge the duties of his office shall deliver, within the eight days next following, to the mayor, or at the office of the council, all the moneys, keys, books, papers, insignia, documents, records and other things belonging to the council.

R. S. 1964, c. 193, s. 75; 1968, c. 55, s. 5.

Obligations of heirs.

80. If any officer or employee of the municipality die, or if he be absent from the territory of the municipality, his representatives or heirs shall, within one month from his death or absence, deliver, to the mayor or at the office of the council, the moneys, keys, books, papers, objects, documents, records and other things belonging to the council, and which he had in charge or in use in the execution of the office so held by him.

R. S. 1964, c. 193, s. 76; 1968, s. 55, s. 5; 1996, c. 2, s. 134.

Revendication.

81. In the case of section 79 or 80, the council may, in addition to any other legal recourse, recover, from such officer or employee of the municipality or from his representatives, all such moneys, keys, books, papers, insignia, documents, records and other things, without prejudice to damages, with costs.

Revendication towards other person.

The council may exercise the same rights and obtain the same remedy against any other person having in his possession and refusing to deliver up any such things.

R. S. 1964, c. 193, s. 77; 1968, c. 55, s. 5.

Officers or employees to report.

82. Every officer or employee of the municipality shall give an accurate report in writing, and in the manner determined by the council, to the council or to any authorized person, upon all matters connected with his duties, and render an account of the moneys collected by him and of those which he has paid or disbursed for the council and under its control, specifying the objects for which such moneys were so paid or disbursed.

R. S. 1964, c. 193, s. 79; 1968, c. 55, s. 5.

Action to account.

83. The council may bring an action to account against any employee responsible for moneys belonging to the municipality, and he shall, if necessary, be condemned to render account, and to pay the sum which he is declared to owe, with interest and costs of suit.

R. S. 1964, c. 193, s. 80 (part); 1965 (1st sess.), c. 80, a. 1.

Tariff of fees.

84. The council may establish a tariff of fees payable to officers or employees of the municipality for their services, whether by persons who have required such services or by those on whose account they are rendered, or by the municipality, in cases in which such fees have not been fixed by law.

R. S. 1964, c. 193, s. 81; 1968, c. 55, s. 5; 1996, c. 27, s. 11.

not in force
84.1. Every municipality must contribute to the financing of at least one of the services established by the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM), or by any body constituted for that purpose and of which the Union or the Fédération is a founder, with a view to affording municipalities access to information and advice as regards labour relations and human resources management.

The contribution of a municipality shall be fixed according to the rules determined by the supplier of the service being financed by the municipality's contribution.

The first and second paragraphs do not apply to the Eeyou Istchee James Bay Regional Government.

2000, c. 54, s. 3; 2000, c. 56, s. 108; 2013, c. 19, s. 91.

II. —  Clerk

Clerk.

85. The council shall always have an officer or employee of the municipality as keeper of its office and archives.

Such officer or employee shall be styled the clerk.

R. S. 1964, c. 193, s. 82; 1968, c. 55, s. 5; 1996, c. 2, s. 135.

Office.

86. The office of the clerk shall be established in the place where the sittings of the council are held, or in any other place fixed by resolution of the council.

R. S. 1964, c. 193, s. 83.

Archives.

87. The clerk shall be the custodian of the books, registers, plans, maps, archives and other documents and papers, which are either the property of the municipality or are produced, filed or preserved in its office.

R. S. 1964, c. 193, s. 84; 1999, c. 40, s. 51.

Custody.

88. The clerk cannot divest himself of the custody of any of such things, except with the permission of the council or upon an order of a court.

R. S. 1964, c. 193, s. 85.

89. (Repealed).

1977, c. 52, s. 10; 1983, c. 38, s. 62.

Minutes.

90. The clerk shall attend at all sittings of the council, and draw up minutes of all the acts and proceedings thereof.

R. S. 1964, c. 193, s. 86.

91. (Section renumbered).

R. S. 1964, c. 193, s. 87; 1968, c. 55, s. 29; 1975, c. 66, s. 9; 1987, c. 68, s. 26.

See section 114.2.

Proof.

92. Copies and extracts, certified by the clerk, of and from any books, registers, archives, documents or papers preserved in the office of the municipality, shall be evidence of their contents.

R. S. 1964, c. 193, s. 88.

Corrections.

92.1. The clerk is authorized to amend the minutes or a by-law, resolution, order or other act of the council, executive committee or borough council in order to correct an error that is obvious just by reading the documents provided in support of the decision. In such a case, the clerk must attach the minutes of the correction to the original of the amended document and file a copy of the amended document and of the minutes of the correction at the next meeting of the council, executive committee or borough council.

2005, c. 28, s. 48.

Inspection of registers.

93. The registers and documents in the possession of the clerk and forming part of the archives of the council may be inspected during regular working hours by any person applying to do so.

R. S. 1964, c. 193, s. 89; 1979, c. 36, s. 61; 1987, c. 68, s. 27.

94. (Repealed).

R. S. 1964, c. 193, s. 90; 1968, c. 55, s. 30; 1984, c. 38, s. 9.

95. (Repealed).

R. S. 1964, c. 193, s. 91; 1984, c. 38, s. 9.

Assistant clerk.

96. The assistant clerk, if appointed by the council, may perform all the duties of the office of clerk, with the same rights, powers and privileges, and under the same obligations and penalties.

In the case of a vacancy in the office of the clerk, the assistant clerk shall perform the duties of the office until the vacancy is filled.

R. S. 1964, c. 193, s. 92.

III. —  Treasurer

Treasurer.

97. The council shall have an officer or employee of the municipality, called the treasurer, who shall be the collector and depositary of all the moneys of the municipality.

R. S. 1964, c. 193, s. 93; 1968, c. 55, s. 5.

Office.

98. The treasurer's office shall be in the place where the sittings of the council are held, or in any other place fixed by resolution of the council.

R. S. 1964, c. 193, s. 94.

Deposit of moneys.

99. Subject to all other legal provisions, the treasurer shall deposit, in any legally constituted bank, financial services cooperative or trust company which may be designated by the council, the moneys arising from municipal taxes or dues, and all other moneys belonging to the municipality, and shall allow them to remain there until they are employed for the purposes for which they were levied, or until disposed of by the council.

Investments.

He may also, with the prior authorization of the council, invest such moneys in any legally constituted bank, financial services cooperative or trust company which may be designated by the council, or purchase securities issued or guaranteed by the Government of Canada, the Gouvernement du Québec or the government of another Canadian province or securities issued or guaranteed by a municipality or by a mandatary body of a municipality or a supramunicipal body within the meaning of sections 18 and 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

Securities.

The council may invest the moneys mentioned in the first paragraph in the purchase of securities in a mutual fund which is managed by a financial institution, and all the securities of which are held by municipalities, by bodies referred to in section 18 of the Act respecting the Pension Plan of Elected Municipal Officers, by school boards or by two or more of such entities. The investments made by such a fund must be limited to those set out in the second paragraph.

Regulations.

The Minister may, by regulation, determine other securities in which the council may invest, through the agency of the mutual fund referred to in the third paragraph, the moneys mentioned in the first paragraph, or determine the forms of investment in which the council may invest the moneys through the agency of such a fund.

R. S. 1964, c. 193, s. 95; 1968, c. 55, s. 31; 1979, c. 36, s. 62; 1992, c. 27, s. 2; 1994, c. 33, s. 7; 1996, c. 77, s. 12; 1997, c. 41, s. 65; 1997, c. 93, s. 49; 2000, c. 29, s. 626; 2006, c. 50, s. 122; 2009, c. 26, s. 18.

Books of account.

100.  (1) The treasurer is bound to keep books of account in which he enters, by order of date, the receipts and expenditures, mentioning the persons who have paid moneys into his hands or to whom he has made a payment.

Vouchers.

 (2) He must obtain and keep vouchers for all payments he has made for the municipality, produce them for audit and inspection, and file them amongst the archives of the municipality.

Book-keeping.

 (3) Such books shall be kept in the form prescribed or approved of by the Minister of Municipal Affairs, Regions and Land Occupancy, or in accordance with the system established by the Government.

R. S. 1964, c. 193, s. 96; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Signature.

100.1. Cheques and negotiable instruments other than bonds issued by the municipality shall be signed by the mayor and the treasurer. The signature of the mayor and of the treasurer may be printed, engraved or otherwise reproduced.

1979, c. 36, s. 63; 1994, c. 33, s. 8.

Acts prohibited:

101. The treasurer shall not, nor shall any other officer or employee of the municipality, under a penalty of $20 for each offence,—

discharge;

 (1) grant a discharge to any person indebted to the municipality, without having received payment for such debt, either in cash or in an accepted bank cheque;

loans.

 (2) lend, directly or indirectly, by himself or by others, to any person, moneys belonging to the municipality.

R. S. 1964, c. 193, s. 97; 1968, c. 55, s. 5.

Inspection of books.

102. The books of accounts of the treasurer and vouchers for his expenses may be inspected during regular working hours by any person applying to do so.

R. S. 1964, c. 193, s. 98; 1979, c. 36, s. 64; 1987, c. 68, s. 28.

103. (Repealed).

R. S. 1964, c. 193, s. 99; 1968, c. 55, s. 32; 1975, c. 66, s. 10; 1987, c. 68, s. 29.

Proof.

104. Copies and extracts, certified by the treasurer, of and from the books, archives, documents and papers in his custody, shall be evidence of their contents.

R. S. 1964, c. 193, s. 100.

Financial report.

105. At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year, and attest that it is accurate.

Contents.

The financial report shall be drawn up on the forms furnished by the Minister of Municipal Affairs, Regions and Land Occupancy. It shall include the financial statements, a statement fixing the effective aggregate taxation rate of the municipality, in accordance with Division III of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1) and any other information required by the Minister.

R. S. 1964, c. 193, s. 101; 1984, c. 38, s. 10; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 14; 2009, c. 26, s. 109.

Filing.

105.1. The treasurer shall, at a sitting of the council, file the financial report, the chief auditor's report transmitted under section 107.14 and the external auditor's report transmitted under section 108.3.

Public notice.

At least five days before the sitting, the clerk shall give public notice indicating that the reports will be filed at that sitting.

1984, c. 38, s. 10; 2001, c. 25, s. 13.

Transmission to the Minister.

105.2. After the filing contemplated in section 105.1 and not later than 30 April, the clerk shall transmit the financial report, the chief auditor's report and the external auditor's report to the Minister of Municipal Affairs, Regions and Land Occupancy.

Report prepared by an officer.

If the financial report is not transmitted to the Minister within the prescribed time, the Minister may cause a report to be prepared, for any period and at the municipality's expense, by an officer of the Ministère des Affaires municipales, des Régions et de l'Occupation du territoire or by a person authorized to act as external auditor for a municipality.

Fees.

If the report contemplated in the second paragraph is prepared by a person other than an officer of the Ministère des Affaires municipales, des Régions et de l'Occupation du territoire, the person's fees are paid by the municipality unless the Minister decides to make the payment, in which case he may require reimbursement from the municipality.

1984, c. 38, s. 10; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 14; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 14; 2009, c. 26, s. 109.

Account of revenues and expenditures.

105.3. The council may call upon the treasurer, at any time during the year, to produce a detailed account of the revenues and expenditures of the municipality.

1984, c. 38, s. 10; 1996, c. 2, s. 209.

Comparative statements.

105.4. During each six-month period, the treasurer shall file two comparative statements at a sitting of the council.

First statement.

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

Second statement.

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

Filing of statements.

The comparative statements for the first six-month period must be filed at a regular sitting held in May at the latest. The comparative statements for the second six-month period must be filed at the last regular sitting held at least four weeks before the sitting at which the budget for the following fiscal year is to be adopted.

1984, c. 38, s. 10; 1996, c. 2, s. 209; 2006, c. 31, s. 15.

Prescription.

105.5. All actions, claims or demands against the treasurer and arising from his administration shall be prescribed by five years from the financial report drawn up by him.

1984, c. 38, s. 10.

Assistant treasurer.

106. The assistant treasurer, if one is appointed by the council, may exercise all the powers of the office of treasurer, with the rights, duties, privileges, obligations and penalties attached to such office.

In case of vacancy in the office of treasurer, the assistant treasurer shall perform the duties of such office until the vacancy is filled.

R. S. 1964, c. 193, s. 102.

IV. —  Secretary-Treasurer

Secretary-treasurer.

107. The council, if it deem it expedient, may appoint a single person to fill the offices of clerk and treasurer. In such case the officer or employee of the municipality filling such offices shall be known as the secretary-treasurer, and he shall have the same rights, powers and privileges, and shall be liable to the same obligations and penalties, as those determined and prescribed for such offices.

Assistant secretary-treasurer.

The council may also appoint a single person to fill the offices of assistant clerk and assistant treasurer. Such officer or employee shall be known as the “assistant secretary-treasurer” and he may exercise all the powers of the office of secretary-treasurer, with the rights, duties, privileges, obligations and penalties attached to such office.

R. S. 1964, c. 193, s. 103; 1968, c. 55, s. 5.

IV.1. —  Chief auditor
2001, c. 25, s. 15.

Chief auditor.

107.1. The council of every municipality having 100,000 inhabitants or more shall have an officer called the chief auditor.

2001, c. 25, s. 15.

Term.

107.2. The chief auditor shall, by a resolution approved by a two-thirds majority of the votes of the members of the council, be appointed for a term of seven years. The term may not be renewed.

2001, c. 25, s. 15.

Ineligibility

107.3. In no case may the following persons act as chief auditor :

 (1) a member of the council of the municipality and, where applicable, of a borough council ;

 (2) the associate of a member mentioned in subparagraph 1 ;

 (3) a person who, personally or through an associate, has any direct or indirect interest in a contract with the municipality or a legal person referred to in paragraph 2 of section 107.7.

Disclosure of interest.

The chief auditor shall disclose in every report produced any situation that could cause a conflict between the chief auditor's personal interest and duties of office.

2001, c. 25, s. 15.

Inability or vacancy.

107.4. If the chief auditor is unable to act, or if the office of chief auditor is vacant, the council shall,

 (1) not later than at the sitting following the inability to act or the vacancy, designate a person qualified to replace the chief auditor, for a period of not more than 180 days ;

 (2) not later than at the sitting following the inability or the vacancy, or not later than at the sitting following the expiry of the period fixed under paragraph 1, appoint a new chief auditor in accordance with section 107.2.

2001, c. 25, s. 15.

Expenses.

107.5. The budget of the municipality shall include an appropriation to provide for payment of a sum to the chief auditor to cover the expenses relating to the exercise of the chief auditor's duties.

Amount of appropriation.

Subject to the third paragraph, the appropriation must be equal to or greater than the product obtained by multiplying the total of the other appropriations provided for in the budget for operating expenses by

 (1) 0.17% where the total of those appropriations is less than $100,000,000 ;

 (2) 0.16% where the total of those appropriations is at least $100,000,000 and less than $200,000,000 ;

 (3) 0.15% where the total of those appropriations is at least $200,000,000 and less than $400,000,000 ;

 (4) 0.14% where the total of those appropriations is at least $400,000,000 and less than $600,000,000 ;

 (5) 0.13% where the total of those appropriations is at least $600,000,000 and less than $800,000,000 ;

 (6) 0.12% where the total of those appropriations is at least $800,000,000 and less than $1,000,000,000 ;

 (7) 0.11% where the total of those appropriations is at least $1,000,000,000.

Exception.

Where the budget of the municipality provides for appropriations for operating expenses related to the operation of a system of production, transmission or distribution of electric power, 50% only of those appropriations shall be taken into account in establishing the total of the appropriations referred to in the second paragraph.

2001, c. 25, s. 15; 2001, c. 68, s. 5.

Duties.

107.6. The chief auditor is responsible for the application of the municipality's policies and standards relating to the management of the human, material and financial resources assigned to auditing.

2001, c. 25, s. 15.

Duties.

107.7. The chief auditor shall audit the accounts and affairs

 (1) of the municipality;

 (2) of every legal person

(a)  that is part of the reporting entity defined in the municipality's financial statements;

(b)  of which the municipality or a mandatary of the municipality appoints more than 50% of the members of the board of directors; or

(c)  of which the municipality or a mandatary of the municipality holds more than 50% of the outstanding voting shares or units.

2001, c. 25, s. 15; 2010, c. 18, s. 20.

Audit.

107.8. The audit of the affairs and accounts of the municipality and of any legal person referred to in paragraph 2 of section 107.7 comprises, to the extent considered appropriate by the chief auditor, financial auditing, auditing for compliance of their operations with the Acts, regulations, policies and directives, and auditing for value-for-money.

Audit.

The audit must not call into question the merits of the policies and objectives of the municipality or legal persons referred to in paragraph 2 of section 107.7.

Documents and information.

The chief auditor in the performance of his duties is authorized

 (1) to examine any document concerning the affairs and accounts relating to the objects of the audit ;

 (2) to require from any employee of the municipality or any legal person referred to in paragraph 2 of section 107.7 all information, reports and explanations the chief auditor considers necessary.

2001, c. 25, s. 15; 2001, c. 68, s. 6.

Audit.

107.9. Any legal person receiving an annual subsidy from the municipality of at least $100,000 is required to have its financial statements audited.

Copy.

The auditor of a legal person not referred to in paragraph 2 of section 107.7 that receives an annual subsidy from the municipality of at least $100,000 shall transmit to the chief auditor a copy of

 (1)  the annual financial statements of the legal person ;

 (2) the auditor's report on the statements ;

 (3) any other report summarizing the auditor's findings and recommendations to the board of directors or the officers of the legal person.

Documents and information.

That auditor shall also, on the request of the chief auditor,

 (1) place at the disposal of the chief auditor any document relating to the auditor's audit and its results ;

 (2) provide all information and explanations the chief auditor considers necessary concerning the auditor's audit and its results.

Additional audit.

Where the chief auditor considers that the information, explanations and documents provided by an auditor under the second paragraph are insufficient, the chief auditor may conduct such additional audit as he considers necessary.

2001, c. 25, s. 15.

Audit.

107.10. The chief auditor may conduct an audit of the accounts or documents of any person having received financial assistance from the municipality or from a legal person referred to in paragraph 2 of section 107.7, as regards the use made of such assistance.

Accounts and documents.

The municipality and the person having received the financial assistance are required to furnish to or place at the disposal of the chief auditor any accounts and documents that the chief auditor considers relevant to the performance of the chief auditor's duties.

Information.

The chief auditor is authorized to require from any officer or employee of the municipality or from any person having received financial assistance any information, reports and explanations the chief auditor considers necessary to the performance of the chief auditor's duties.

2001, c. 25, s. 15.

Audit.

107.11. The chief auditor may conduct an audit of the pension plan or pension fund of a pension committee of a municipality or a legal person referred to in paragraph 2 of section 107.7 where the committee requests the chief auditor to do so with the approval of the council.

2001, c. 25, s. 15.

Duties.

107.12. The chief auditor shall, every time the council so requests, investigate and report on any matter within the competence of the chief auditor. In no case, however, may the investigation take precedence over the primary responsibilities of the chief auditor.

2001, c. 25, s. 15.

Report.

107.13. Not later than 31 August each year, the chief auditor shall transmit to the mayor, to be filed with the council at the first regular sitting following its receipt, a report presenting the results of the audit for the fiscal year ending on the previous 31 December and indicate any fact or irregularity the chief auditor considers expedient to mention, in particular in relation to

 (1) control of revenue including assessment and collection;

 (2) control of expenditure, including authorization, and compliance with appropriations;

 (3) control of assets and liabilities including related authorizations;

 (4) accounting for operations and related statements;

 (5) control and safeguard of property owned or administered;

 (6) acquisition and utilization of resources without sufficient regard to economy or efficiency;

 (7) implementation of satisfactory procedures to measure and report effectiveness in cases where it is reasonable to do so.

Report.

The chief auditor may also, at any time, transmit to the mayor or the chair of the board of directors of a legal person described in paragraph 2 of section 107.7 a report of the findings and recommendations that, in the opinion of the chief auditor, warrant being brought to the attention of the council or the board of directors, as applicable, before the transmission of the chief auditor's annual report. The mayor or the chair of the board of directors must file the report with the council or board, as applicable, at the first regular sitting or meeting following its receipt.

Copy of report.

If the chief auditor transmits a report to the chair of the board of directors of a legal person described in paragraph 2 of section 107.7, the chief auditor must also transmit a copy of the report to the mayor of the municipality, to be filed with the council at the first regular sitting following its receipt.

2001, c. 25, s. 15; 2010, c. 18, s. 21.

Report.

107.14. The chief auditor shall report to the council on the audit of the financial statements of the municipality and the statement fixing the aggregate taxation rate.

Report.

In the report, which shall be transmitted to the treasurer, the chief auditor shall state, in particular, whether

 (1) the financial statements faithfully represent the municipality's financial position on 31 December and the results of its operations for the fiscal year ending on that date;

 (2) the effective aggregate taxation rate was fixed in accordance with Division III of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1).

2001, c. 25, s. 15; 2006, c. 31, s. 16; 2010, c. 18, s. 22.

Report.

107.15. The chief auditor shall report to the boards of directors of the legal persons referred to in paragraph 2 of section 107.7 on the audit of the financial statements before the expiry of the time within which they are to produce their financial statements.

Report.

In the report, the chief auditor shall state, in particular, whether the financial statements faithfully represent their financial position and the results of their operations at the end of their fiscal year.

2001, c. 25, s. 15.

Testimony.

107.16. Notwithstanding any general law or special Act, neither the chief auditor nor the employees under the chief auditor's direction or the professionals under contract may be compelled to give testimony relating to any information obtained in the performance of their duties or to produce any document containing such information.

Immunity.

Neither the chief auditor nor the employees under the chief auditor's direction may be prosecuted by reason of any act they have done or failed to do in good faith in the performance of their duties.

Immunity.

No civil action may be instituted by reason of the publication of a report of the chief auditor prepared under this Act or of the publication in good faith of an extract or summary of such a report.

Immunity.

Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised nor any injunction granted against the chief auditor, the employees under the chief auditor's direction or the professionals under contract acting in their official capacity.

Annulment.

A judge of the Court of Appeal, on a motion, may summarily annul any proceeding instituted or decision rendered contrary to the provisions of the first paragraph.

2001, c. 25, s. 15.

Audit committee.

107.17. The council may establish an audit committee and determine its composition and powers.

Audit committee of the urban agglomeration of Montréal.

Despite the first paragraph, in the case of the urban agglomeration of Montréal, the council must establish an audit committee composed of not more than 10 members appointed on the proposal of the mayor of the central municipality. Two of the committee members must be council members representing the reconstituted municipalities. Those two members shall take part in deliberations and votes of the committee on any matter related to an urban agglomeration power.

Opinions and information of the committee.

In addition to the other powers that may be entrusted to it, the committee established in the case of the urban agglomeration of Montréal shall submit opinions to the urban agglomeration council on the requests, findings and recommendations of the chief auditor concerning the urban agglomeration. It shall also inform the chief auditor of the interests and concerns of the urban agglomeration council with respect to the audit of the accounts and affairs of the central municipality. On an invitation by the committee, the chief auditor or a person designated by the chief auditor may attend a sitting and take part in deliberations.

2001, c. 25, s. 15; 2008, c. 19, s. 11; 2009, c. 26, s. 19.

V. —  External auditor
2001, c. 25, s. 16.

External auditors.

108. The council shall appoint an external auditor for not more than three fiscal years, except in the case of a municipality with a population of 100,000 or more, where the external auditor shall be appointed for three fiscal years. At the end of the term, the external auditor shall remain in office until replaced or reappointed.

Information sent to the Minister.

If the external auditor appointed for a fiscal year is not the external auditor in office for the preceding fiscal year, the clerk shall inform the Minister of Municipal Affairs, Regions and Land Occupancy of the name of the new external auditor as soon as possible after his appointment.

R. S. 1964, c. 193, s. 104; 1975, c. 66, s. 11; 1984, c. 38, s. 11; 1995, c. 34, s. 12; 1996, c. 27, s. 12; 1999, c. 43, s. 13; 2001, c. 25, s. 17; 2003, c. 19, s. 110, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Vacancy.

108.1. If the office of the external auditor becomes vacant before the expiry of his term, the council shall fill the vacancy as soon as possible.

1984, c. 38, s. 11; 2001, c. 25, s. 18; 2003, c. 19, s. 111.

Duties.

108.2. Subject to section 108.2.1, the external auditor shall audit, for the fiscal year for which he was appointed, the financial statements, the statement fixing the aggregate taxation rate and any other document determined by the Minister of Municipal Affairs, Regions and Land Occupancy by regulation published in the Gazette officielle du Québec.

Report.

The auditor shall make a report of his audit to the council. He shall state in his report, in particular, whether

 (1) the financial statements faithfully represent the municipality's financial position on 31 December and the results of its operations for the fiscal year ending on that date;

 (2) the effective aggregate taxation rate was fixed in accordance with Division III of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1).

1984, c. 38, s. 11; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 19; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 17; 2009, c. 26, s. 109.

Duties.

108.2.1. In the case of a municipality having 100,000 inhabitants or more, the external auditor shall audit, for each fiscal year for which the external auditor has been appointed,

 (1) the accounts relating to the chief auditor;

 (2) the financial statements of the municipality and any document determined by the Minister of Municipal Affairs, Regions and Land Occupancy by regulation published in the Gazette officielle du Québec.

Report.

The external auditor shall make a report of the audit to the council. The external auditor shall state in the report on the financial statements, in particular, whether the financial statements faithfully represent the municipality's financial position on 31 December, and the results of its operations for the fiscal year ending on that date.

2001, c. 25, s. 20; 2001, c. 68, s. 7; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Report to the treasurer.

108.3. The external auditor shall transmit to the treasurer the report referred to in section 108.2 or, as the case may be, the report referred to in subparagraph 2 of the first paragraph of section 108.2.1.

Report to the council.

The report referred to in subparagraph 1 of the first paragraph of section 108.2.1 shall be transmitted to the council on the date determined by the council.

1984, c. 38, s. 11; 2001, c. 25, s. 21; 2010, c. 18, s. 23.

Audits.

108.4. The council may require any other audit it considers necessary, and require a report.

1984, c. 38, s. 11.

Access to books and information.

108.4.1. The external auditor shall have access to the books, accounts, securities, documents and vouchers and may require the employees of the municipality to furnish any information and explanations necessary for the performance of the external auditor's mandate.



2001, c. 25, s. 22.

Documents.

108.4.2. The chief auditor shall place at the disposal of the external auditor all books, statements and other documents prepared or used by the chief auditor during the audit conducted under section 107.7 and that the external auditor considers necessary to carry out his mandate.

2001, c. 25, s. 22; 2005, c. 28, s. 49.

Ineligibility.

108.5. In no case may the following persons act as external auditor of the municipality;

 (1) a member of the council of the municipality and, where applicable, of a borough council;

 (2) an officer or an employee of the municipality;

 (3) the associate of a person mentioned in paragraph 1 or 2;

 (4) a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any participation, interest or commission in or under a contract with the municipality or in respect of such a contract, or who derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.

1984, c. 38, s. 11; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 2001, c. 25, s. 23.

Partnership.

108.6. The external auditor may be an individual or a partnership. The external auditor may entrust his employees with his work but his responsibility is then the same as if he had performed all the work personally.

1984, c. 38, s. 11; 1999, c. 40, s. 51; 2001, c. 25, s. 24.

V.1. —  Auditor ad hoc
2001, c. 25, s. 25.

Special audit of accounts.

109. At any time of the year, if so required in writing by at least 50 ratepayers, the council shall also order a special audit of the accounts of the municipality for one or more of the last five years, provided that no such audit has already been made for the same years under this section.

Auditor ad hoc.

The auditor ad hoc shall be appointed by the council, but before he is appointed the choice which the council intends to make must be accepted in writing by the majority of the ratepayers who demanded the audit; failing agreement between such ratepayers and the council, the auditor ad hoc shall be appointed by a judge of the Court of Québec upon the petition of one of the parties after notice of eight clear days to the other party.

Costs of audit.

The costs of such audit shall be payable by the responsible officer or employee of the municipality, if he has been guilty of embezzlement or if, having been found short in his accounts, he fails to repay the balance within the time fixed by the last paragraph; otherwise the costs shall be payable by the persons who demanded the audit, unless the audit is of no advantage to the municipality.

Deposit required.

The demand for an audit under this section must be accompanied by a deposit of $2,000, which shall be returned to the petitioners if the costs of the audit are not charged to them.

Responsibility of auditor ad hoc.

Any auditor ad hoc appointed for such purposes may be an individual or a partnership, and may entrust the work to his or its employees, but then the responsibility of such auditor shall be the same as if such work had been entirely performed by the auditor himself. In the case of a partnership, the taking of the oath of office by one of the partners shall be sufficient.

Repayment.

Within 30 days after the service upon him of a copy of the report of the audit, the defaulting officer or employee of the municipality must pay the amount of the balance which he has been found to owe, as well as the costs of the audit.

R. S. 1964, c. 193, s. 105; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 5; 1988, c. 21, s. 66; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 2001, c. 25, s. 26.

VI. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

110. (Repealed).

R. S. 1964, c. 193, s. 106; 1968, c. 53, s. 2; 1968, c. 55, s. 33; 1977, c. 52, s. 11; 1979, c. 72, s. 490; 1986, c. 31, s. 4; 1988, c. 76, s. 1; 2005, c. 6, s. 194.

111. (Repealed).

R. S. 1964, c. 193, s. 107; 1977, c. 52, s. 11; 2005, c. 6, s. 194.

VII. —  Director general
1983, c. 57, s. 50.

Appointment.

112. The council must appoint a director general and fix his salary.

Officer or employee.

A person may hold the office of director general and a position as officer or employee of the municipality simultaneously.

Assistant director general.

The council may also appoint an assistant director general who shall replace the director general if he is absent or if he is unable or refuses to act or if the office of director general is vacant. If no assistant director general is appointed, the council may designate an officer or employee of the municipality to perform the duties of an assistant director general.

Respective competence.

Where the council appoints more than one assistant director general or designates several officers or employees to perform the duties of assistant director general, it shall establish their respective competence so as to determine who shall replace the director general in any of the cases contemplated in the third paragraph.

R. S. 1964, c. 193, s. 108; 1968, c. 55, s. 34; 1983, c. 57, s. 50; 2006, c. 60, s. 22.

Status.

113. The director general is the chief officer of the municipality.

Authority.

The director general has authority over all the other officers and employees of the municipality, except the chief auditor, who reports directly to the council. With respect to an officer or employee whose duties are prescribed by law, the authority of the director general is exercised only within the framework of his duties as the administrator of human, material and financial resources of the municipality and may in no case hinder the carrying out of duties that are prescribed by law.

Suspension.

The director general may suspend an officer or employee from his duties. He shall immediately make a report of the suspension to the council. The council shall decide the case of the suspended officer or employee, after inquiry.

R. S. 1964, c. 193, s. 109; 1968, c. 55, s. 5; 1983, c. 57, s. 50; 2001, c. 25, s. 27.

113.1. (Replaced).

1979, c. 67, s. 39; 1983, c. 57, s. 50.

Administration.

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

R. S. 1964, c. 193, s. 115; 1968, c. 55, s. 36; 1983, c. 57, s. 50.

Duties of the director general.

114.1. In application of sections 113 and 114, the director general shall, in particular, perform the following duties:

 (1) he shall ensure communication between the council, the executive committee and other committees, on the one hand, and the other officers and employees of the municipality on the other hand; for that purpose, the director general shall have access to every document of the municipality and may require any document or information from any officer or employee except where, in the opinion of the head of the police department, it would disclose the content of a record concerning a police investigation;

 (2) he shall prepare the budget and, where such is the case, the municipality's program of capital expenditures and the plans, programs and projects intended for the orderly functioning of the municipality with the collaboration of the heads of departments and the other officers and employees of the municipality;

 (3) he shall examine the complaints and claims against the municipality;

 (4) he shall examine the draft by-laws of the municipality;

 (5) he shall submit to the council, the executive committee or another committee, as the case may be, the budgets, programs of capital expenditures, plans, programs and projects prepared by him together with his observations and recommendations concerning the complaints, claims and draft by-laws that he has examined;

 (6) he shall make to the council, the executive committee or another committee, as the case may be, a report on any matter that he believes should be brought to it in view of the sound management of public funds, the progress of the municipality and the welfare of its citizens provided that the report does not, in the opinion of the head of the police department, tend to disclose the content of a record concerning a police investigation; and, he shall, where he considers it expedient, add his own conclusions to the record of any matter submitted to the council, the executive committee or another committee;

 (7) he shall attend the meetings of the council, of the executive committee and of other committees and, with the permission of the chairman of the meeting, give his advice and present recommendations on the matters debated, without having the right to vote;

 (8) subject to the powers of the mayor, he shall see to it that the by-laws of the municipality and the decisions of the council are implemented and, particularly, see to it that the funds are used for the purposes for which they were voted.

1983, c. 57, s. 50.

Applicable provisions.

114.1.1. Sections 112 to 114.1 apply to every municipality governed by this Act, even if a provision of the charter of the municipality that came into force before 19 December 1968 repeals, replaces or amends, directly or indirectly, one or more of those sections.

Exception.

However, subject to section 3, sections 112 to 114.1 do not apply to Ville de Laval and Ville de Hull.

1996, c. 2, s. 136.

VIII. —  The person in charge of access to documents of the municipality
1987, c. 68, s. 30.

Copies of documents.

114.2. The person in charge of access to documents of the municipality shall issue to any person applying therefor copies of or extracts from any book, roll, register or other document which forms part of the archives.

Power to refuse access.

However, the person in charge of access to documents may, notwithstanding section 171 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), refuse for a reason provided for in sections 21 to 27 of that Act to give access to a document concerning a business corporation of which the municipality is a shareholder and with which it has entered into an agreement relating to the exercise of any of its powers.

R. S. 1964, c. 193, s. 87; 1968, c. 55, s. 29; 1975, c. 66, s. 9; 1987, c. 68, s. 26; 1995, c. 34, s. 13; 2009, c. 52, s. 539.

Proof of contents.

114.3. Copies and extracts from documents of the municipality certified true by the person in charge of access to documents of the municipality are proof of their contents.

1987, c. 68, s. 31.

IX. —  Office staff
2005, c. 28, s. 50.

Appointments.

114.4. The mayor or a designated councillor, within the meaning of section 114.5, of a municipality with a population of 100,000 or more may appoint a chief of staff and any other staff members necessary for the orderly administration of the mayor's or the councillor's office.

Restriction.

However, a designated councillor may not exercise the power provided for the first paragraph until the mayor does so.

Mayor.

The mayor of a borough of Ville de Montréal also has the power provided for in the first paragraph.

2005, c. 28, s. 50; 2005, c. 50, s. 9.

“designated councillor” .

114.5. For the purposes of sections 114.4, 114.11 and 114.12, “designated councillor” means the councillor designated as such by an authorized party, other than the party to which the mayor belongs, that obtained at least 20% of all the valid votes at the last general election in the municipality.

Exception.

However, if, among the authorized parties other than the mayor's, there is none that obtained that minimum percentage of votes at that election, “designated councillor” means the councillor designated as such by the party among those other parties that obtained the greatest number of valid votes at that election.

Conditions of designation.

The designation is valid for the duration of the current term of the councillor. It ceases to have effect, however, before the end of that term if the councillor ceases to belong to the authorized party that made the designation or if the designation is revoked or transferred. The designation of a councillor who continues to belong to the authorized party that made the designation may be revoked or transferred before the end of the term only if the councillor did not exercise the power provided for in section 114.4.

Notice.

A notice of the designation is signed by the party leader and submitted to the council by a councillor in the party. The same applies for revocation of the designation if it does not result from a transfer.

2005, c. 28, s. 50.

Standards and scales.

114.6. The standards and scales according to which the chief of staff and other staff members are recruited, appointed and remunerated, as well as their other conditions of employment, are determined by the executive committee.

2005, c. 28, s. 50.

Status of staff.

114.7. Subject to section 114.10, a person who joins the office staff of the mayor or a designated councillor does not become or ceases to be an officer or employee of the municipality.

Classification maintained.

However, a person who ceases to be an officer or employee of the municipality under the first paragraph retains the classification held at the time of appointment to the office staff of the mayor or a designated councillor throughout the period of that appointment.

2005, c. 28, s. 50.

Classification on returning to public service.

114.8. A former officer or employee referred to in section 114.7 may, at any time, require from the municipality an assessment of the classification that former officer or employee would be assigned if the right to return to the public service were exercised under section 114.9.

Basis of assessment.

The assessment must take into account the classification referred to in the second paragraph of section 114.7, as well as the experience and education acquired since the date of appointment to the office staff of the mayor or a designated councillor.

2005, c. 28, s. 50.

Reassessment of qualifications.

114.9. A former officer or employee referred to in section 114.7 may, on ceasing to be a member of the office staff of the mayor or a designated councillor, require that the municipality reassess the qualifications of the former officer or employee and rehire that person by priority in a position corresponding to those qualifications.

Written application.

The application for reassessment must be made in writing and received not later than the sixtieth day following the day the person ceases to be a member of that office staff.

2005, c. 28, s. 50.

Presumption.

114.10. A person who is a member of the office staff of the mayor or a designated councillor is deemed to be an officer or employee of the municipality for the purposes of Division XIII.1.

2005, c. 28, s. 50.

Budget estimate.

114.11. If the mayor or a designated councillor exercised the power provided for in section 114.4 before the budget of the municipality was adopted, the budget must contain an appropriation to cover the expenditures relating to office staff and determined according to the standards, scales and other conditions set under section 114.6. The same applies to the budget of a borough of Ville de Montréal if the borough mayor exercised that power before the budget was adopted.

Maximum.

However, the appropriation may not exceed the amount determined by the Minister or the amount that corresponds to the percentage, determined by the Minister, of the total of the other appropriations for operating expenses provided for in the budget. If the Minister determines an amount and a percentage with regard to the same budget, the higher amount constitutes the applicable maximum.

Electric power.

If the budget of the municipality provides for appropriations for operating expenses related to a system of production, transmission or distribution of electric power, only 50% of the appropriations must be considered when determining the total referred to in the second paragraph.

Powers of Minister.

The Minister may establish classes of municipalities and boroughs and determine a different amount or percentage for each one.

2005, c. 28, s. 50; 2005, c. 50, s. 10.

Total amount to mayor.

114.12. If no designated councillor exercises the power provided for in section 114.4, the mayor is entitled to the total amount of the appropriation provided for in section 114.11.

Sharing of amount.

Otherwise, unless the Minister determines another way of sharing that amount with respect to any municipality the Minister designates,

 (1) if a single designated councillor exercises the power, the mayor is entitled to two-thirds of the amount, and the councillor, to one-third of it;

 (2) if two or more designated councillors exercise the power, the mayor is entitled to half the amount and the balance is divided between those councillors in proportion to the valid votes cast at the last general election in the municipality for the authorized party that designated each of them.

2005, c. 28, s. 50; 2005, c. 50, s. 11.

DIVISION V 
DISQUALIFICATION FOR MUNICIPAL OFFICE
1987, c. 57, s. 704.

115. (Repealed).

R. S. 1964, c. 193, s. 122; 1968, c. 55, s. 38; 1969, c. 55, s. 9; 1974, c. 47, s. 3; 1982, c. 63, s. 116; 1987, c. 57, s. 705.

Disqualification under other Act.

116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:

Minister and members of certain bodies;

 (1) the Minister of Municipal Affairs, Regions and Land Occupancy and the members of the Commission municipale du Québec and the Société d'habitation du Québec;

Ministers;

 (2) members of the Privy Council;

Judges;

 (3) the judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;

Contracts with municipality;

 (4) any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;

 (5) (subparagraph repealed);

Crime;

 (6) any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.

Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;

Indictable offence;

 (7) any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;

Disqualification.

 (8) any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

Applicability.

Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable. Nor does that subparagraph apply to a contract to which the municipality has become a party by succeeding to the rights and obligations of another municipal body, where the contractual relationship of the officer or employee existed before the succession and did not at that time entail disqualification.

Disqualification.

Disqualification from municipal office or employment under subparagraph 4 of the first paragraph does not apply to a volunteer fireman or a first responder within the meaning of section 63 of the Act respecting elections and referendums in municipalities.

Disqualification.

Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.

Applicability.

Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.

R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2; 2002, c. 37, s. 72; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 18; 2009, c. 26, s. 109.

DIVISION V.1 
APPOINTMENTS BY THE MINISTER OF MUNICIPAL AFFAIRS, REGIONS AND LAND OCCUPANCY
2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Appointment by the Minister.

116.1. Where an appointment under this Act has not been made within the prescribed time or within a time the Minister considers reasonable, the Minister may make the appointment. However, the appointment may be made by the council, even after the expiry of that time, with the permission of the Minister.

2002, c. 37, s. 73.

117. (Repealed).

R. S. 1964, c. 193, s. 124; 1968, c. 55, s. 40; 1987, c. 57, s. 707.

118. (Repealed).

R. S. 1964, c. 193, s. 125; 1968, c. 55, s. 40; 1969, c. 55, s. 10; 1987, c. 57, s. 707.

119. (Repealed).

R. S. 1964, c. 193, s. 126; 1968, c. 55, s. 5; 1987, c. 57, s. 707.

DIVISION VI 
Repealed, 1987, c. 57, s. 708.
1987, c. 57, s. 708.

120. (Repealed).

R. S. 1964, c. 193, s. 128; 1968, c. 55, s. 42; 1987, c. 57, s. 708.

121. (Repealed).

1968, c. 55, s. 42; 1974, c. 47, s. 4; 1987, c. 57, s. 708.

122. (Repealed).

R. S. 1964, c. 193, s. 129; 1968, c. 55, s. 42; 1969, c. 55, s. 11; 1974, c. 47, s. 5; 1982, c. 63, s. 118.

123. (Repealed).

R. S. 1964, c. 193, s. 131; 1968, c. 55, s. 44; 1987, c. 57, s. 708.

124. (Repealed).

R. S. 1964, c. 193, s. 132; 1968, c. 55, s. 44; 1982, c. 63, s. 119; 1987, c. 57, s. 708.

125. (Repealed).

R. S. 1964, c. 193, s. 135; 1968, c. 55, s. 47; 1987, c. 57, s. 708.

126. (Repealed).

R. S. 1964, c. 193, s. 136; 1968, c. 55, s. 47; 1987, c. 57, s. 708.

127. (Repealed).

R. S. 1964, c. 193, s. 137; 1968, c. 55, s. 47; 1982, c. 31, s. 138; 1987, c. 57, s. 708.

128. (Repealed).

R. S. 1964, c. 193, s. 138; 1968, c. 55, s. 47; 1987, c. 57, s. 708.

129. (Repealed).

R. S. 1964, c. 193, s. 139; 1968, c. 55, s. 47; 1969, c. 55, s. 12; 1987, c. 57, s. 708.

130. (Repealed).

R. S. 1964, c. 193, s. 140; 1968, c. 55, s. 47; 1987, c. 57, s. 708.

131. (Repealed).

R. S. 1964, c. 193, s. 141; 1968, c. 55, s. 48; 1987, c. 57, s. 708.

132. (Repealed).

R. S. 1964, c. 193, s. 147; 1968, c. 55, s. 50; 1987, c. 57, s. 708.

133. (Repealed).

R. S. 1964, c. 193, s. 148; 1968, c. 55, s. 50; 1987, c. 57, s. 708.

134. (Repealed).

R. S. 1964, c. 193, s. 150; 1968, c. 55, s. 52; 1969, c. 55, s. 13; 1987, c. 57, s. 708.

135. (Repealed).

R. S. 1964, c. 193, s. 151; 1968, c. 55, s. 52; 1982, c. 63, s. 120; 1987, c. 57, s. 708.

136. (Repealed).

R. S. 1964, c. 193, s. 152; 1987, c. 57, s. 708.

137. (Repealed).

R. S. 1964, c. 193, s. 153; 1968, c. 55, s. 53; 1982, c. 63, s. 121; 1987, c. 57, s. 708.

138. (Repealed).

R. S. 1964, c. 193, s. 154; 1968, c. 55, s. 54; 1987, c. 57, s. 708.

139. (Repealed).

R. S. 1964, c. 193, s. 155; 1968, c. 55, s. 55; 1987, c. 57, s. 708.

140. (Repealed).

R. S. 1964, c. 193, s. 156; 1968, c. 55, s. 56; 1987, c. 57, s. 708.

141. (Repealed).

R. S. 1964, c. 193, s. 157; 1987, c. 57, s. 708.

142. (Repealed).

R. S. 1964, c. 193, s. 158; 1968, c. 55, s. 57; 1987, c. 57, s. 708.

143. (Repealed).

R. S. 1964, c. 193, s. 159; 1987, c. 57, s. 708.

144. (Repealed).

1968, c. 55, s. 58; 1987, c. 57, s. 708.

145. (Repealed).

R. S. 1964, c. 193, s. 160; 1987, c. 57, s. 708.

146. (Repealed).

1968, c. 55, s. 59; 1969, c. 55, s. 14; 1987, c. 57, s. 708.

146.1. (Repealed).

1979, c. 36, s. 66; 1980, c. 16, s. 75.

147. (Repealed).

R. S. 1964, c. 193, s. 171; 1968, c. 55, s. 61; 1987, c. 57, s. 708.

148. (Repealed).

R. S. 1964, c. 193, s. 172; 1987, c. 57, s. 708.

148.1. (Repealed).

1980, c. 16, s. 74; 1982, c. 2, s. 31; 1987, c. 57, s. 708.

148.2. (Repealed).

1980, c. 16, s. 74; 1982, c. 2, s. 32; 1987, c. 57, s. 708.

148.3. (Repealed).

1980, c. 16, s. 74; 1982, c. 2, s. 33; 1982, c. 63, s. 122; 1987, c. 57, s. 708.

148.4. (Repealed).

1982, c. 63, s. 123; 1987, c. 57, s. 708.

148.5. (Repealed).

1982, c. 63, s. 123; 1987, c. 57, s. 708.

148.6. (Repealed).

1982, c. 63, s. 123; 1987, c. 57, s. 708.

148.7. (Repealed).

1982, c. 63, s. 123; 1987, c. 57, s. 708.

DIVISION VII 
Repealed, 1987, c. 57, s. 708.
1987, c. 57, s. 708.

149. (Repealed).

R. S. 1964, c. 193, s. 173; 1968, c. 55, s. 62; 1987, c. 57, s. 708.

150. (Repealed).

R. S. 1964, c. 193, s. 174; 1968, c. 55, s. 62; 1969, c. 55, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 708.

150.1. (Repealed).

1979, c. 36, s. 67; 1987, c. 57, s. 708.

151. (Repealed).

R. S. 1964, c. 193, s. 175; 1968, c. 55, s. 63; 1987, c. 57, s. 708.

152. (Repealed).

R. S. 1964, c. 193, s. 176; 1987, c. 57, s. 708.

153. (Repealed).

R. S. 1964, c. 193, s. 177; 1987, c. 57, s. 708.

154. (Repealed).

R. S. 1964, c. 193, s. 178; 1987, c. 57, s. 708.

155. (Repealed).

1968, c. 55, s. 64; 1987, c. 57, s. 708.

156. (Repealed).

R. S. 1964, c. 193, s. 179; 1968, c. 55, s. 65; 1982, c. 31, s. 139; 1987, c. 57, s. 708.

157. (Repealed).

R. S. 1964, c. 193, s. 180; 1987, c. 57, s. 708.

158. (Repealed).

R. S. 1964, c. 193, s. 181; 1968, c. 55, s. 66; 1982, c. 63, s. 124; 1987, c. 57, s. 708.

159. (Repealed).

R. S. 1964, c. 193, s. 182; 1968, c. 55, s. 5; 1987, c. 57, s. 708.

160. (Repealed).

R. S. 1964, c. 193, s. 184; 1982, c. 31, s. 140; 1987, c. 57, s. 708.

161. (Repealed).

R. S. 1964, c. 193, s. 185; 1987, c. 57, s. 708.

162. (Repealed).

R. S. 1964, c. 193, s. 186; 1968, c. 55, s. 68; 1979, c. 36, s. 68; 1987, c. 57, s. 708.

163. (Repealed).

R. S. 1964, c. 193, s. 187; 1968, c. 55, s. 5; 1987, c. 57, s. 708.

164. (Repealed).

R. S. 1964, c. 193, s. 188; 1987, c. 57, s. 708.

165. (Repealed).

R. S. 1964, c. 193, s. 189; 1987, c. 57, s. 708.

166. (Repealed).

R. S. 1964, c. 193, s. 190; 1968, c. 55, s. 5, s. 69; 1987, c. 57, s. 708.

167. (Repealed).

R. S. 1964, c. 193, s. 191; 1968, c. 55, s. 70; 1987, c. 57, s. 708.

168. (Repealed).

R. S. 1964, c. 193, s. 192; 1968, c. 55, s. 71; 1987, c. 57, s. 708.

169. (Repealed).

R. S. 1964, c. 193, s. 193; 1968, c. 55, s. 72; 1987, c. 57, s. 708.

170. (Repealed).

R. S. 1964, c. 193, s. 195; 1968, c. 55, s. 74; 1982, c. 63, s. 125; 1987, c. 57, s. 708.

171. (Repealed).

R. S. 1964, c. 193, s. 196; 1968, c. 55, s. 75; 1979, c. 36, s. 69; 1987, c. 57, s. 708.

172. (Repealed).

R. S. 1964, c. 193, s. 197; 1968, c. 55, s. 75; 1987, c. 57, s. 708.

173. (Repealed).

R. S. 1964, c. 193, s. 199; 1968, c. 55, s. 77; 1987, c. 57, s. 708.

174. (Repealed).

R. S. 1964, c. 193, s. 200; 1987, c. 57, s. 708.

175. (Repealed).

R. S. 1964, c. 193, s. 201; 1987, c. 57, s. 708.

176. (Repealed).

R. S. 1964, c. 193, s. 202; 1987, c. 57, s. 708.

177. (Repealed).

R. S. 1964, c. 193, s. 203; 1987, c. 57, s. 708.

178. (Repealed).

R. S. 1964, c. 193, s. 204; 1987, c. 57, s. 708.

179. (Repealed).

R. S. 1964, c. 193, s. 205; 1987, c. 57, s. 708.

180. (Repealed).

R. S. 1964, c. 193, s. 206; 1982, c. 31, s. 141; 1987, c. 57, s. 708.

181. (Repealed).

R. S. 1964, c. 193, s. 207; 1987, c. 57, s. 708.

182. (Repealed).

R. S. 1964, c. 193, s. 208; 1987, c. 57, s. 708.

183. (Repealed).

R. S. 1964, c. 193, s. 209; 1968, c. 55, s. 79; 1987, c. 57, s. 708.

184. (Repealed).

R. S. 1964, c. 193, s. 210; 1987, c. 57, s. 708.

185. (Repealed).

R. S. 1964, c. 193, s. 211; 1987, c. 57, s. 708.

186. (Repealed).

R. S. 1964, c. 193, s. 212; 1987, c. 57, s. 708.

187. (Repealed).

R. S. 1964, c. 193, s. 213; 1987, c. 57, s. 708.

188. (Repealed).

R. S. 1964, c. 193, s. 214; 1987, c. 57, s. 708.

189. (Repealed).

R. S. 1964, c. 193, s. 215; 1987, c. 57, s. 708.

190. (Repealed).

R. S. 1964, c. 193, s. 216; 1987, c. 57, s. 708.

191. (Repealed).

R. S. 1964, c. 193, s. 217; 1987, c. 57, s. 708.

192. (Repealed).

R. S. 1964, c. 193, s. 218; 1968, c. 55, s. 80; 1987, c. 57, s. 708.

193. (Repealed).

R. S. 1964, c. 193, s. 219; 1987, c. 57, s. 708.

194. (Repealed).

R. S. 1964, c. 193, s. 220; 1987, c. 57, s. 708.

195. (Repealed).

R. S. 1964, c. 193, s. 221; 1987, c. 57, s. 708.

196. (Repealed).

R. S. 1964, c. 193, s. 222; 1968, c. 55, s. 81; 1987, c. 57, s. 708.

197. (Repealed).

R. S. 1964, c. 193, s. 224 (part); 1987, c. 57, s. 708.

198. (Repealed).

R. S. 1964, c. 193, s. 225; 1987, c. 57, s. 708.

199. (Repealed).

R. S. 1964, c. 193, s. 226; 1982, c. 31, s. 142; 1987, c. 57, s. 708.

200. (Repealed).

R. S. 1964, c. 193, s. 227; 1987, c. 57, s. 708.

201. (Repealed).

R. S. 1964, c. 193, s. 228; 1982, c. 31, s. 143; 1987, c. 57, s. 708.

201.1. (Repealed).

1982, c. 31, s. 143; 1987, c. 57, s. 708.

202. (Repealed).

R. S. 1964, c. 193, s. 229; 1987, c. 57, s. 708.

203. (Repealed).

R. S. 1964, c. 193, s. 230; 1987, c. 57, s. 708.

204. (Repealed).

R. S. 1964, c. 193, s. 231; 1968, c. 55, s. 82; 1982, c. 31, s. 144; 1987, c. 57, s. 708.

204.1. (Repealed).

1982, c. 31, s. 144; 1987, c. 57, s. 708.

205. (Repealed).

R. S. 1964, c. 193, s. 232; 1987, c. 57, s. 708.

206. (Repealed).

R. S. 1964, c. 193, s. 233; 1987, c. 57, s. 708.

207. (Repealed).

R. S. 1964, c. 193, s. 235 (part); 1987, c. 57, s. 708.

208. (Repealed).

R. S. 1964, c. 193, s. 236; 1987, c. 57, s. 708.

209. (Repealed).

R. S. 1964, c. 193, s. 237; 1987, c. 57, s. 708.

210. (Repealed).

R. S. 1964, c. 193, s. 238; 1979, c. 36, s. 70; 1987, c. 57, s. 708.

211. (Repealed).

R. S. 1964, c. 193, s. 239; 1987, c. 57, s. 708.

212. (Repealed).

R. S. 1964, c. 193, s. 240; 1982, c. 31, s. 145; 1987, c. 57, s. 708.

213. (Repealed).

R. S. 1964, c. 193, s. 241; 1987, c. 57, s. 708.

214. (Repealed).

R. S. 1964, c. 193, s. 242; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

215. (Repealed).

R. S. 1964, c. 193, s. 243; 1987, c. 57, s. 708.

216. (Repealed).

R. S. 1964, c. 193, s. 244; 1975, c. 83, s. 84; 1979, c. 36, s. 71; 1987, c. 57, s. 708.

217. (Repealed).

R. S. 1964, c. 193, s. 246; 1968, c. 55, s. 85; 1987, c. 57, s. 708.

218. (Repealed).

R. S. 1964, c. 193, s. 247; 1968, c. 55, s. 86; 1987, c. 57, s. 708.

219. (Repealed).

R. S. 1964, c. 193, s. 248; 1987, c. 57, s. 708.

220. (Repealed).

R. S. 1964, c. 193, s. 249; 1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.1. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.2. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.3. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.4. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.5. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.6. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.7. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.8. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.9. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.10. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.11. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

220.12. (Repealed).

1982, c. 31, s. 146; 1987, c. 57, s. 708.

221. (Repealed).

R. S. 1964, c. 193, s. 250; 1968, c. 55, s. 87; 1987, c. 57, s. 708.

222. (Repealed).

R. S. 1964, c. 193, s. 251 (part); 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

223. (Repealed).

R. S. 1964, c. 193, s. 252; 1968, c. 55, s. 88; 1969, c. 55, s. 16; 1987, c. 57, s. 708.

224. (Repealed).

R. S. 1964, c. 193, s. 253; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

225. (Repealed).

R. S. 1964, c. 193, s. 254; 1987, c. 57, s. 708.

226. (Repealed).

R. S. 1964, c. 193, s. 255; 1987, c. 57, s. 708.

227. (Repealed).

R. S. 1964, c. 193, s. 256; 1987, c. 57, s. 708.

228. (Repealed).

R. S. 1964, c. 193, s. 257; 1968, c. 55, s. 89; 1987, c. 57, s. 708.

229. (Repealed).

R. S. 1964, c. 193, s. 258; 1987, c. 57, s. 708.

230. (Repealed).

R. S. 1964, c. 193, s. 259; 1987, c. 57, s. 708.

231. (Repealed).

R. S. 1964, c. 193, s. 260; 1987, c. 57, s. 708.

232. (Repealed).

R. S. 1964, c. 193, s. 261; 1987, c. 57, s. 708.

233. (Repealed).

R. S. 1964, c. 193, s. 262; 1987, c. 57, s. 708.

234. (Repealed).

R. S. 1964, c. 193, s. 263; 1987, c. 57, s. 708.

235. (Repealed).

R. S. 1964, c. 193, s. 264; 1968, c. 55, s. 90; 1987, c. 57, s. 708.

236. (Repealed).

R. S. 1964, c. 193, s. 265; 1987, c. 57, s. 708.

237. (Repealed).

R. S. 1964, c. 193, s. 266; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

238. (Repealed).

R. S. 1964, c. 193, s. 267; 1987, c. 57, s. 708.

239. (Repealed).

R. S. 1964, c. 193, s. 268; 1968, c. 55, s. 91; 1987, c. 57, s. 708.

240. (Repealed).

R. S. 1964, c. 193, s. 269; 1987, c. 57, s. 708.

241. (Repealed).

R. S. 1964, c. 193, s. 270; 1982, c. 31, s. 147.

242. (Repealed).

R. S. 1964, c. 193, s. 271; 1987, c. 57, s. 708.

243. (Repealed).

R. S. 1964, c. 193, s. 272; 1987, c. 57, s. 708.

244. (Repealed).

R. S. 1964, c. 193, s. 273; 1987, c. 57, s. 708.

245. (Repealed).

R. S. 1964, c. 193, s. 274; 1987, c. 57, s. 708.

246. (Repealed).

R. S. 1964, c. 193, s. 275; 1987, c. 57, s. 708.

247. (Repealed).

R. S. 1964, c. 193, s. 276; 1987, c. 57, s. 708.

248. (Repealed).

R. S. 1964, c. 193, s. 277; 1987, c. 57, s. 708.

249. (Repealed).

R. S. 1964, c. 193, s. 278; 1987, c. 57, s. 708.

250. (Repealed).

R. S. 1964, c. 193, s. 279; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

251. (Repealed).

R. S. 1964, c. 193, s. 280; 1987, c. 57, s. 708.

252. (Repealed).

R. S. 1964, c. 193, s. 281; 1987, c. 57, s. 708.

253. (Repealed).

R. S. 1964, c. 193, s. 282; 1987, c. 57, s. 708.

254. (Repealed).

R. S. 1964, c. 193, s. 283; 1984, c. 47, s. 213; 1987, c. 57, s. 708.

255. (Repealed).

R. S. 1964, c. 193, s. 284; 1987, c. 57, s. 708.

256. (Repealed).

R. S. 1964, c. 193, s. 285; 1984, c. 47, s. 213; 1987, c. 57, s. 708.

257. (Repealed).

R. S. 1964, c. 193, s. 286; 1987, c. 57, s. 708.

258. (Repealed).

R. S. 1964, c. 193, s. 287; 1987, c. 57, s. 708.

259. (Repealed).

R. S. 1964, c. 193, s. 288; 1987, c. 57, s. 708.

260. (Repealed).

R. S. 1964, c. 193, s. 289; 1979, c. 36, s. 72.

261. (Repealed).

R. S. 1964, c. 193, s. 290; 1979, c. 36, s. 72.

262. (Repealed).

R. S. 1964, c. 193, s. 291; 1979, c. 36, s. 72.

263. (Repealed).

R. S. 1964, c. 193, s. 292; 1979, c. 36, s. 72.

264. (Repealed).

R. S. 1964, c. 193, s. 293; 1979, c. 36, s. 72.

265. (Repealed).

R. S. 1964, c. 193, s. 294; 1968, c. 55, s. 5; 1987, c. 57, s. 708.

266. (Repealed).

R. S. 1964, c. 193, s. 295; 1987, c. 57, s. 708.

267. (Repealed).

R. S. 1964, c. 193, s. 296; 1968, c. 55, s. 92; 1987, c. 57, s. 708.

268. (Repealed).

R. S. 1964, c. 193, s. 297; 1987, c. 57, s. 708.

269. (Repealed).

R. S. 1964, c. 193, s. 298; 1987, c. 57, s. 708.

270. (Repealed).

R. S. 1964, c. 193, s. 299; 1987, c. 57, s. 708.

271. (Repealed).

R. S. 1964, c. 193, s. 300; 1987, c. 57, s. 708.

272. (Repealed).

R. S. 1964, c. 193, s. 301; 1987, c. 57, s. 708.

273. (Repealed).

R. S. 1964, c. 193, s. 302; 1987, c. 57, s. 708.

274. (Repealed).

R. S. 1964, c. 193, s. 303; 1987, c. 57, s. 708.

275. (Repealed).

R. S. 1964, c. 193, s. 304; 1987, c. 57, s. 708.

276. (Repealed).

R. S. 1964, c. 193, s. 305; 1987, c. 57, s. 708.

277. (Repealed).

R. S. 1964, c. 193, s. 306; 1987, c. 57, s. 708.

278. (Repealed).

R. S. 1964, c. 193, s. 307; 1987, c. 57, s. 708.

279. (Repealed).

R. S. 1964, c. 193, s. 308; 1987, c. 57, s. 708.

280. (Repealed).

R. S. 1964, c. 193, s. 309; 1987, c. 57, s. 708.

281. (Repealed).

R. S. 1964, c. 193, s. 310; 1987, c. 57, s. 708.

282. (Repealed).

R. S. 1964, c. 193, s. 311; 1987, c. 57, s. 708.

283. (Repealed).

R. S. 1964, c. 193, s. 312; 1987, c. 57, s. 708.

284. (Repealed).

R. S. 1964, c. 193, s. 313; 1987, c. 57, s. 708.

285. (Repealed).

R. S. 1964, c. 193, s. 314; 1987, c. 57, s. 708.

286. (Repealed).

R. S. 1964, c. 193, s. 315; 1987, c. 57, s. 708.

287. (Repealed).

R. S. 1964, c. 193, s. 316; 1987, c. 57, s. 708.

288. (Repealed).

R. S. 1964, c. 193, s. 317; 1987, c. 57, s. 708.

289. (Repealed).

R. S. 1964, c. 193, s. 318; 1987, c. 57, s. 708.

290. (Repealed).

R. S. 1964, c. 193, s. 319; 1987, c. 57, s. 708.

291. (Repealed).

R. S. 1964, c. 193, s. 320; 1987, c. 57, s. 708.

292. (Repealed).

R. S. 1964, c. 193, s. 321; 1987, c. 57, s. 708.

293. (Repealed).

R. S. 1964, c. 193, s. 322; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.

294. (Repealed).

R. S. 1964, c. 193, s. 323; 1987, c. 57, s. 708.

295. (Repealed).

R. S. 1964, c. 193, s. 324; 1987, c. 57, s. 708.

296. (Repealed).

R. S. 1964, c. 193, s. 325; 1987, c. 57, s. 708.

297. (Repealed).

R. S. 1964, c. 193, s. 326; 1987, c. 57, s. 708.

298. (Repealed).

R. S. 1964, c. 193, s. 327; 1987, c. 57, s. 708.

299. (Repealed).

R. S. 1964, c. 193, s. 328; 1987, c. 57, s. 708.

300. (Repealed).

R. S. 1964, c. 193, s. 329; 1987, c. 57, s. 708.

301. (Repealed).

R. S. 1964, c. 193, s. 330; 1987, c. 57, s. 708.

302. (Repealed).

R. S. 1964, c. 193, s. 331; 1987, c. 57, s. 708.

303. (Repealed).

R. S. 1964, c. 193, s. 332; 1968, c. 55, s. 93; 1980, c. 16, s. 76; 1987, c. 57, s. 708.

304. (Repealed).

R. S. 1964, c. 193, s. 333; 1987, c. 57, s. 708.

305. (Repealed).

R. S. 1964, c. 193, s. 334; 1987, c. 57, s. 708.

306. (Repealed).

R. S. 1964, c. 193, s. 335; 1987, c. 57, s. 708.

DIVISION VIII 
Repealed, 1987, c. 57, s. 708.
1987, c. 57, s. 708.

307. (Repealed).

R. S. 1964, c. 193, s. 336; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 5; 1987, c. 57, s. 708.

308. (Repealed).

R. S. 1964, c. 193, s. 337; 1968, c. 54, s. 1; 1968, c. 55, s. 5; 1969, c. 56, s. 2; 1987, c. 57, s. 708.

309. (Repealed).

R. S. 1964, c. 193, s. 338; 1965 (1st sess.), c. 80, a. 1; 1968, c. 55, s. 94; 1977, c. 5, s. 14; 1987, c. 57, s. 708.

310. (Repealed).

R. S. 1964, c. 193, s. 339; 1968, c. 55, s. 95; 1974, c. 11, s. 2; 1987, c. 57, s. 708.

311. (Repealed).

R. S. 1964, c. 193, s. 340; 1974, c. 11, s. 2; 1987, c. 57, s. 708.

312. (Repealed).

R. S. 1964, c. 193, s. 341; 1974, c. 11, s. 2; 1987, c. 57, s. 708.

313. (Repealed).

R. S. 1964, c. 193, s. 342; 1987, c. 57, s. 708.

314. (Repealed).

R. S. 1964, c. 193, s. 343; 1982, c. 63, s. 126; 1987, c. 57, s. 708.

315. (Repealed).

1969, c. 56, s. 3; 1987, c. 57, s. 708.

316. (Repealed).

1969, c. 56, s. 3; 1987, c. 57, s. 708.

317. (Repealed).

R. S. 1964, c. 193, s. 344; 1987, c. 57, s. 708.

DIVISION IX 
SITTINGS OF THE COUNCIL

Place.

318. The council shall sit at the place designated in the charter for the first sitting, or, if the charter does not designate it, at the place designated by the Minister of Municipal Affairs, Regions and Land Occupancy, until another place in the territory of the municipality is fixed by resolution of the council, and the council may, in like manner, change the same whenever it thinks fit.

Notice of change.

The clerk shall give public notice of any change in the location of sittings.

R. S. 1964, c. 193, s. 345; 1996, c. 2, s. 210; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 15; 2009, c. 26, s. 109.

Québec flag.

318.1. The Québec flag must be flown on or in front of the municipal building where the meetings of the council are held, to the right if two flags are flown or in the middle in other cases.

1979, c. 36, s. 73.

Regular sittings.

319. The council shall hold regular sittings at least once a month.

Sitting schedule.

The council shall determine the schedule of its regular sittings, setting the date and time of each sitting, before the beginning of the calendar year.

Change in schedule.

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

R. S. 1964, c. 193, s. 346; 2008, c. 18, s. 16.

Public notice.

320. The clerk shall give public notice of the sitting schedule.

Public notice.

The clerk shall also give public notice of any regular sitting to be held on a day or at a time other than that specified in the schedule.

R. S. 1964, c. 193, s. 347; 2008, c. 18, s. 16.

Quorum.

321. The majority of the members of the council shall constitute a quorum for the transaction of business, except as otherwise specially provided by this Act. The mayor shall be deemed to be a member of the council for the purposes of a quorum.

R. S. 1964, c. 193, s. 348; 1999, c. 40, s. 51.

Sittings public.

322. The sittings of the council shall be public.

Question period.

A sitting of the council includes a period during which the persons attending may put oral questions to the members of the council.

Duration.

The council may, by by-law, prescribe the length of the period, the time at which it is held and the procedure to be followed in putting a question.

Procedure.

In the case of a municipality whose council is made up of more than 20 councillors, the council may, however, order by by-law that the period of oral questions by the persons attending be replaced by the procedure described in the following paragraphs.

Written question.

Every question must be filed in writing with the clerk of the municipality. The latter shall, upon receiving it, enter the question in a register which forms part of the records and which may, furthermore, be examined during the sittings of the council.

Written or oral answer.

The Mayor or the chairman of the executive committee shall answer the question at a sitting of the council, either orally or by filing with the council a reply in writing which is entered in the record.

Number of questions.

The by-law of the council mentioned in the fourth paragraph may limit the number of questions that the same person may file with the clerk.

R. S. 1964, c. 193, s. 349; 1968, c. 55, s. 96; 1980, c. 16, s. 77; 1982, c. 18, s. 145; 1996, c. 2, s. 138; 2000, c. 56, s. 225.

Special sittings.

323. The mayor may call a special sitting of the council whenever he deems proper, by an oral or written intimation to the clerk of the municipality. The clerk shall issue a notice of convocation summarily specifying the business to be transacted at such sitting and shall cause such notice to be served upon every member of the council not later than 24 hours before the time fixed for the commencement of the sitting, in accordance with section 338.

Effect of posting notice.

The posting of a notice by registered or certified mail at least two clear days before the sitting is equivalent to service of the notice of convocation.

R. S. 1964, c. 193, s. 350; 1968, c. 55, s. 96; 1969, c. 55, s. 17; 1975, c. 83, s. 84; 1999, c. 40, s. 51.

Requisition for special meeting. Notice.

324. In case the mayor refuses to call a special sitting when deemed necessary by at least the number of members of the council provided for in the second paragraph, such members may, by a requisition to the clerk of the municipality, duly signed by them, order the sitting to be called. Upon receipt of such requisition the clerk of the municipality shall issue a notice to the members in the manner mentioned in section 323, provided such requisition specifies the business for which the sitting is called.

Required number of members.

The minimum number of members of the council that is necessary for the purposes of the first paragraph is

 (1) two, where the council has three members;

 (2) three, where the council has more than three and fewer than eight members;

 (3) 40% of the number of members of the council, where the council has more than seven members.

R. S. 1964, c. 193, s. 351; 2001, c. 68, s. 9; 2002, c. 37, s. 74.

Business.

325. At such special sittings, no business but that specified in the notice shall be considered or disposed of, save if all the members of the council are then present and consent thereto.

Waiver by member present.

Any member of the council present at a special sitting may in writing waive notice of such sitting.

R. S. 1964, c. 193, s. 352; 1968, c. 55, s. 97.

Adjournment.

326. If at any sitting, the business cannot be fully disposed of, the council may adjourn as often as may be deemed necessary for the consideration and disposal of the unfinished business, without its being necessary to give notice of such adjournment to the members present or absent; but no new business shall be brought or considered upon any adjournment of a special sitting, unless all the members of the council are present and consent.

R. S. 1964, c. 193, s. 353; 2008, c. 18, s. 20.

Lack of quorum.

327. If there be no quorum, two members of the council, thirty minutes after it being established that there is no quorum, may adjourn a meeting to a later date.

Borough council.

Where a sitting of a borough council has a quorum of two members, the sitting shall be adjourned as soon as it is established that there is no quorum.

Notice.

Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.

Entry.

The hour of the adjournment, the names of the members of the council who were present, and the day and hour to which such meeting was adjourned, shall be entered in the minute-book of the council.

R. S. 1964, c. 193, s. 354; 2001, c. 68, s. 10.

Powers.

327.1. Where a borough council can no longer validly sit, the city council may, as long as the situation lasts, exercise the powers of the borough council on its behalf.

Effect.

The acts so done shall have the same effect, in all respects, as if the borough council itself had acted.

2002, c. 77, s. 31.

Presiding officer.

328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.

Voting.

The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must vote, unless he is prevented therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E-2.2).

Tie-vote.

Subject to the fourth paragraph and to section 20.1 of the Charter of Ville de Montréal (chapter C-11.4), when there is a tie-vote, the decision is deemed to be in the negative.

Decision of mayor.

If a tie-vote occurs during a sitting of a borough council composed of an even number of councillors, the mayor of the city must break the tie. The officer who acts as clerk for the borough shall send the mayor a copy of the proposal that was put to a vote. Within 15 days after receiving the copy, the mayor must inform the borough council of his decision in writing. If the mayor does not act within that period, the decision of the borough council in respect of the proposal is deemed to be in the negative.

Exception.

The fourth paragraph does not apply in the case of a borough council of Ville de Montréal.

R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709; 2006, c. 31, s. 19.

Decisions.

329. The majority of the members present at the sittings of the council shall decide the questions and matters submitted thereto, except where a larger number of concurrent votes may be required by the rules of the council or by law.

R. S. 1964, c. 193, s. 356; 1968, c. 55, s. 99.

330. (Repealed).

R. S. 1964, c. 193, s. 357; 1987, c. 57, s. 710.

Rules.

331. The council may make and enforce rules and regulations for its internal government and for the maintenance of order during its sittings.

R. S. 1964, c. 193, s. 358.

Decorum. Fine.

332. The mayor or any person presiding in his place shall maintain order and decorum during the sittings of the council. He may order that any person disturbing a sitting of the council be removed from the place where the sitting is held.

R. S. 1964, c. 193, s. 359; 1968, c. 55, s. 100; 1986, c. 95, s. 47.

Minutes.

333. The minutes of the sittings of council shall be drawn up and entered in a book to be kept for that purpose by the clerk of the municipality, and after being confirmed at the following sitting, shall be signed by the said clerk and by the mayor or the member who presides over such sitting, and they shall be open to the inspection of any person who wishes to examine them.

Copy may replace reading.

The clerk must read the minutes unless a copy thereof has been delivered to each member of the council not later than the day before the sitting at which they are to be approved.

R. S. 1964, c. 193, s. 360; 1968, c. 55, s. 101; 1987, c. 68, s. 32.

DIVISION X 
MUNICIPAL NOTICES

Formalities.

334. Except when otherwise provided, every notice given under the provisions of this Act or by order of the council, for municipal purposes, shall be drawn up, and published and served, in accordance with the formalities prescribed in the following sections.

R. S. 1964, c. 193, s. 361.

Special or public notices.

335. Every notice shall be either special or public, and shall be in writing.

Public notices shall be published; special notices shall be served.

Public notices must be drawn up in French and in English.

R. S. 1964, c. 193, s. 362.

Copies attested.

336. Every copy of a notice which must be served, published or posted up, shall be attested either by the person who gives such notice, by the clerk of the council or by the person in charge of access to documents of the municipality.

R. S. 1964, c. 193, s. 363; 1987, c. 68, s. 33.

Certificate.

337. The original of every notice shall be accompanied by a certificate of publication or of service, made by the person publishing or serving the same.

Filing.

The original of such notice and the certificate which accompanies it, shall be filed in the office of the council, by the person who has given the notice, to form part of the municipal archives.

R. S. 1964, c. 193, s. 364.

Service.

338. Except in cases where this Act permits a different mode of service, the service of a special notice shall be made by leaving a copy of the notice with the person to whom it is addressed, in person, or with a reasonable person at his domicile or his business establishment, even when occupied by him in partnership with some other person.

How made.

The service shall be made by the person who gives the notice, an officer or employee of the municipality, a peace officer, a bailiff or an employee of a public or private mail delivery or courier enterprise.

R. S. 1964, c. 193, s. 365; 1968, c. 55, s. 102; 1969, c. 55, s. 18; 1999, c. 40, s. 51; 2002, c. 37, s. 75.

Agent of absentee.

339. Every property-owner or taxpayer, domiciled outside the territory of a municipality, may, by a special notice filed in the office of the council, appoint an agent to represent him for purposes connected with the service of municipal notices.

R. S. 1964, c. 193, s. 366; 1996, c. 2, s. 140.

Service on agent.

340. The special notice addressed to an absent property-owner or taxpayer who has appointed an agent residing in the territory of the municipality, must be served on such agent, in the same manner as on a resident owner.

Service by mail.

If no agent resident in the territory of the municipality has been appointed, the notice shall be served by lodging, in the post-office of the locality, a copy thereof in a sealed and registered or certified envelope addressed to the absent property-owner or taxpayer.

R. S. 1964, c. 193, s. 367; 1975, c. 83, s. 84; 1996, c. 2, s. 210.

If no agent or address.

341. Unless such property-owner has made known his address in writing by filing the same in the office of the council, no one need give a special notice to any absent property-owner who has not appointed an agent.

R. S. 1964, c. 193, s. 368.

Time of service.

342. No special notice may be served, except upon juridical days between seven hours and nineteen hours, except in the case of a notice calling a special sitting.

R. S. 1964, c. 193, s. 369; 1968, c. 55, s. 103.

If doors closed.

343. If the doors of the domicile or business establishment where service of a special notice should be made are closed, or if there is no reasonable person therein, service shall be effected by fixing a copy of the notice on one of the doors of the domicile or business establishment.

R. S. 1964, c. 193, s. 370; 1999, c. 40, s. 51.

Time.

344. The intermediate time after special notice shall run from the day on which such notice was served, exclusive of such day.

R. S. 1964, c. 193, s. 371; 1999, c. 40, s. 51.

Publication of a public notice.

345. A public notice given for municipal purposes is posted in the office of the municipality and published in a newspaper in the territory of the municipality..

Borough.

However, a public notice given on a matter within the jurisdiction of a borough council is posted in the office of the borough and published in a newspaper in the borough.

Borough.

If an Act or a charter stipulates that a notice is to be posted in the office of the municipality and published in a newspaper circulated in the territory of the municipality, the second paragraph also applies for the purpose of substituting “borough” for “municipality”.

R. S. 1964, c. 193, s. 372; 1968, c. 55, s. 104; 1996, c. 2, s. 210; 2006, c. 60, s. 23; 2008, c. 18, s. 22.

Computing time.

346. Except in cases otherwise provided for, the time which is to elapse after a public notice shall begin to run from the day on which such notice is published. If the notice be published in a newspaper, such time shall run from the day of the first insertion of such notice in the newspaper. If it be published in several newspapers upon different days, such time shall run from the day of the first insertion made in the newspaper which last published such notice.

In all cases the day on which the notice was published shall not count.

Publishing.

Saving provision to the contrary, public notices shall be published at least seven clear days before the day fixed for the proceeding concerned.

R. S. 1964, c. 193, s. 375; 1999, c. 40, s. 51.

Municipal information bulletin.

346.1. Every notice or document that a municipality is required to publish in a newspaper in its territory may be published in a municipal information bulletin rather than in a newspaper.

Municipal information bulletin.

The municipal information bulletin shall

 (1) be mailed or otherwise distributed free of charge to each address in the territory of the municipality, and be received not later than on the publication date indicated therein;

 (2) be transmitted, on request and on payment of subscription fees, where applicable, to every person domiciled or not in the territory of the municipality;

 (3) be published at the intervals established by by-law of the municipality or, in the absence of such a by-law, at least eight times a year.

Application.

The first paragraph does not apply to a notice provided for in section 514, an advertisement provided for in subsection 1 of section 573, or a notice provided for in section 72 or 73 of the Municipal Powers Act (chapter C-47.1).

1995, c. 34, s. 14; 1996, c. 77, s. 13; 2010, c. 18, s. 24.

Domicile.

347. Public notices shall be applicable to and binding upon property-owners and taxpayers domiciled outside the territory of the municipality, in the same manner as those who are domiciled therein.

R. S. 1964, c. 193, s. 376; 1996, c. 2, s. 141.

Acquiescence.

348. Whosoever has acquiesced in the requirements of a notice, or who has, in any manner, become sufficiently acquainted with its tenor or object, cannot thereafter avail himself of the insufficiency or informality of such notice, or of the omission of its publication or service.

R. S. 1964, c. 193, s. 377.

DIVISION X.1 
PROCEEDINGS AND ORDERS IN MATTERS OF ACTIVITIES OR USES
1997, c. 51, s. 2.

Access.

348.1. The council may, for a period not exceeding 90 days, prohibit access to any immovable or part of an immovable accessible to the public in which an activity or use is carried on without the permit, certificate or other authorization required by the municipality where the activity or use may endanger the life or health of persons or cause serious or irreparable damage to property.

Decision.

The decision of the council must contain reasons and be accompanied by a copy of any report, statement of offence or other document on which the decision is based. It shall be notified to the delinquent and to the owner or operator of the immovable. The decision shall take effect on the date on which the owner or operator is notified of the decision.

Council.

The council shall lift the prohibition of access to the premises before the expiry of the period fixed where the required permit, certificate or authorization is granted by the municipality or where, in its opinion, a change in activity or use causes the permit, certificate or authorization to be no longer required. The council shall notify all interested persons of the decision.

1997, c. 51, s. 2.

Contestation.

348.2. Where the delinquent or the owner or operator of the immovable is, in his opinion, aggrieved by a decision of the council made under section 348.1, he may, within 10 days of notification thereof, contest the decision before the Court of Québec.

Proceeding.

The proceeding is brought by the filing of a motion and is governed by the rules of ordinary procedure prescribed by the Code of Civil Procedure (chapter C-25).

Preference.

The motion shall be heard and decided by preference. It shall not suspend the contested decision, unless a judge orders otherwise.

Court.

The court may confirm, vary or quash the decision of the council.

1997, c. 51, s. 2; 2002, c. 7, s. 162.

Application.

348.3. The council may apply to the Court of Québec, in accordance with the rules of ordinary procedure prescribed by the Code of Civil Procedure (chapter C-25), for the cancellation of the permit or certificate or any other authorization granted by the municipality for an activity or use in an immovable or part of an immovable accessible to the public

 (1) where the activity or use may endanger the life or health of persons or cause serious or irreparable damage to property;

 (2) where the activity or use disturbs public tranquility.

Motion.

The motion shall be heard and decided by preference.

Exception.

Such a proceeding, however, may not be brought in cases where an application may be made by the municipality to the Régie des alcools, des courses et des jeux under section 85 of the Act respecting liquor permits (chapter P-9.1).

1997, c. 51, s. 2; 2002, c. 7, s. 163.

Order.

348.4. In the case of a proceeding brought under subparagraph 1 of the first paragraph of section 348.3, the council may order that the holder suspend the activity or use concerned and prohibit access to the immovable or the part of an immovable in which the activity or use is carried on until the court makes a determination in respect of the application for cancellation or until it orders otherwise.

Decision.

The decision of the council must give reasons and be accompanied by a copy of the report, of the statement of offence or of any other document on which the decision must be based. The decision must be filed in the court record.

Effect.

The decision shall take effect on the date on which the holder is notified of the decision.

1997, c. 51, s. 2.

Factors.

348.5. Where public tranquility is at issue under subparagraph 2 of the first paragraph of section 384.3, the court may, among other factors, take into account:

 (1) any gathering or assembly that results or may result from the activity or use, that may cause excessive noise or otherwise disturb the peace in the neighbourhood;

 (2) the failure by the holder to take appropriate measures to prevent, in the premises concerned,

(a)  the unlawful possession, consumption, sale, exchange or giving, in any manner, of a drug, narcotic or any other substance that may be held to be a drug or narcotic;

(b)  the unlawful possession of a firearm or any other offensive weapon;

(c)  acts of violence, including theft or mischief, that may disturb the peace of occupants or customers or of residents of the neighbourhood.

1997, c. 51, s. 2.

Order.

348.6. Where the court cancels a permit, certificate or authorization, it may, on application by the council, order that no permit, certificate or other authorization be granted by the municipality, for the premises to which the decision to cancel applies, or prohibit access to such premises, for a period not exceeding 12 months or until, in the opinion of the council, a change of activity or use justifies the granting of a permit, certificate or authorization or the lifting of the prohibition before the end of the period.

1997, c. 51, s. 2.

Posting of decision.

348.7. The municipality shall post any decision, made by the council or the court under this division, on the premises to which the decision or judgment applies, along with a notice indicating the penalty to which any offender is liable.

1997, c. 51, s. 2.

Fine.

348.8. Every person who continues an activity or use even though the required permit, certificate or authorization has been cancelled by the court or despite an order of suspension or a prohibition of access issued under section 348.4 is liable to a fine of $600 to $2,000.

Fine.

Every person who is present in an immovable or part of an immovable to which a prohibition of access applies without a legitimate excuse or an authorization from the council or the court, as the case may be, is liable to a fine of $300 to $1,000.

Subsequent offence.

In the case of a subsequent offence, the fines are doubled.

1997, c. 51, s. 2.

348.9. (Repealed).

1997, c. 51, s. 2; 2000, c. 56, s. 109.

DIVISION XI 
POWERS OF THE COUNCIL

§ 1. —  General Provisions

349. (Repealed).

R. S. 1964, c. 193, s. 378; 1996, c. 2, s. 142.

By-laws, resolutions, orders.

350. By-laws, resolutions and other municipal orders must be passed by the council in session.

R. S. 1964, c. 193, s. 379.

351. (Repealed).

R. S. 1964, c. 193, s. 380; 1968, c. 55, s. 106; 1969, c. 55, s. 19; 1974, c. 47, s. 6; 1987, c. 57, s. 711.

Setting aside.

352. Any procès-verbal, roll, resolution or other order of the council may be set aside, by reason of illegality, in the same manner, within the same time and with the same effect as a by-law of the council, in accordance with sections 397 to 408. They shall be subject to the provisions of section 364.

Action to annul.

The special recourse granted by this section shall not exclude or affect the action to annul in cases where same may be brought under the provisions of article 33 of the Code of Civil Procedure (chapter C-25).

Applicability.

This section applies subject to the Act respecting municipal taxation (chapter F-2.1).

R. S. 1964, c. 193, s. 381; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1979, c. 72, s. 305; 1988, c. 21, s. 66; 1996, c. 2, s. 143; 1999, c. 40, s. 51.

Automatic device.

352.1. The council of a municipality with 100,000 inhabitants or more may, by by-law, provide that, on any document that is produced repeatedly or of which a significant number of copies are made, the handwritten signature of one of its members or of an officer or employee of the municipality may be replaced by a facsimile or other equivalent engraved, lithographed, printed or affixed using an automatic device or an electronic process.

Facsimile.

The facsimile or other equivalent, used in accordance with the by-law in force, has the same force as the handwritten signature. The facsimile or other equivalent may, however, in no case replace the handwritten signature on the original of a resolution or of a document that is the subject of a resolution, nor may it serve to authenticate a copy of or an excerpt from such an original or a copy replacing such an original.

2004, c. 20, s. 95.

Publication.

353. Except where otherwise provided, documents, orders or proceedings of a council, the publication of which is required by law or by the council, shall be published in the manner and at the place prescribed for public notices.

R. S. 1964, c. 193, s. 382.

By-laws.

353.1. The council may make by-laws:

 (1) to establish a mail subscription service to the notices, minutes, by-laws and any other kind of documents of the council, and fix the rates of subscription;

 (2) to provide for the publishing of information documents on the municipal administration and related events.

1979, c. 36, s. 74.

Return of documents filed.

354. Every document produced and filed in the office of the council or with any of the officers or employees of the municipality, shall be returned, upon receipt thereof being duly acknowledged, to the person who produced the same, whenever he requires it; provided always that the question in relation to which the same was produced has been decided.

R. S. 1964, c. 193, s. 383; 1968, c. 55, s. 5.

Service upon council.

355. Every service which should be made at the office of the council, may also be made with the same effect outside of such office, upon the clerk personally.

R. S. 1964, c. 193, s. 384.

§ 2. —  By-Laws of the Council

I. —  Passing, coming into force and promulgation of by-laws

Notice of motion and reading.

356. Every by-law, on pain of nullity, must be preceded by a notice of motion given at a sitting of the council and be read at a subsequent sitting held on a later day.

Reading dispensed with.

It is not necessary to read the by-law if a copy of the proposed by-law was given to the council members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, all the council members present declare that they have read it and waive the reading of it. In this case, however, the clerk or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its costs and, where that applies, the mode of financing and payment and repayment.

Copy available.

The person in charge of access to documents of the municipality must issue a copy of the by-law to every person requesting it within the two juridical days preceding such sitting.

Copies available for the public.

He must also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.

R. S. 1964, c. 193, s. 385; 1968, c. 55, s. 107; 1979, c. 36, s. 75; 1979, c. 51, s. 260; 1987, c. 68, s. 34; 2005, c. 28, s. 51.

Signature.

357. The original of a by-law, to be authentic, shall be signed by the officer presiding over the council at the time of the passing of such by-law, and by the clerk.

Approval.

In no case where this Act or any general law or special Act provides that a by-law must receive an approval may the by-law be published or come into force until it has received that approval.

Certificate of approval.

In such a case, a certificate signed by the mayor and the clerk, attesting the date of each of the required approvals, must accompany and forms part of the original of such by-law.

R. S. 1964, c. 193, s. 386; 1968, c. 55, s. 108; 1982, c. 63, s. 127; 1996, c. 2, s. 144; 2000, c. 56, s. 110.

Effect of approval.

358. The approval of a by-law or other proceeding of the council by the Government or the minister, body or person whose approval is required has no other effect than that of rendering such by-law or proceeding executory, according to law, from its coming into force. That may be done with the same effect in the form of an authorization.

Partial approval.

Such approval may be of a part only, or qualified.

R. S. 1964, c. 193, s. 387; 1977, c. 5, s. 14; 1982, c. 63, s. 128.

Book of by-laws.

359.  (1) The original of every by-law shall be registered at length in a special book constituting the book of the by-laws of the municipality; and such entry shall be signed by the mayor and countersigned by the clerk.

Copy of notice.

The clerk shall, further, enter in such book, at the end of every by-law registered therein, a certified true copy of the notice of publication of such by-law.

Custody.

 (2) The clerk shall be the custodian of the municipal by-laws.

R. S. 1964, c. 193, s. 388; 1987, c. 68, s. 35; 1996, c. 2, s. 145.

Several subject-matters in one by-law.

360. Several subject-matters may be provided for in one and the same by-law.

In the case of several subject-matters provided for in one and the same by-law requiring certain approvals before coming into force, it shall not be necessary that each of these subject-matters receive such approvals separately and it shall be sufficient that they be given to the by-law as a whole.

R. S. 1964, c. 193, s. 389.

360.1. (Repealed).

2002, c. 77, s. 32; 2005, c. 6, s. 194.

Coming into effect.

361. Except where otherwise provided by law, every by-law of the council shall come into effect and have the force of law, if not otherwise provided for therein, on the day of the publication thereof.

R. S. 1964, c. 193, s. 390.

Publication.

362. Every by-law is published, after the passing thereof or its final approval in the case where it has been submitted to one or several of the approvals mentioned in the second paragraph of section 357, by a public notice, under the signature of the clerk, published in the ordinary manner, mentioning the object of the by-law, the date of the passing thereof, and the place where communication thereof may be had.

Mention in notice.

If the by-law has received one or several of the approvals mentioned in the second paragraph of section 357, the notice of publication must mention the date and the fact of each of these approvals.

R. S. 1964, c. 193, s. 391.

Newspapers.

363. The council may, moreover, publish its by-laws in one or more newspapers.

R. S. 1964, c. 193, s. 392.

Validity.

364. Every by-law is executory and remains in force until replaced, repealed or annulled by competent authority, or until the expiration of the period for which it has been made.

R. S. 1964, c. 193, s. 393; 1982, c. 63, s. 129.

Amendment, repeal.

365. No by-law which, before coming into force and effect was submitted to one or several of the approvals mentioned in the second paragraph of section 357, may be amended or repealed except by another by-law approved in the same manner.

Exception.

However, a council having passed a by-law requiring the approval of the Government, the Minister of Municipal Affairs, Regions and Land Occupancy or the Commission municipale du Québec may, by resolution, amend the by-law before it is so approved, without its being necessary to obtain any other approval, provided that the amendments do not result in increasing the charges upon the ratepayers or in changing the object of the by-law. The Government, the Minister or the Commission may then approve the by-law so amended.

R. S. 1964, c. 193, s. 394; 1968, c. 55, s. 109; 1977, c. 5, s. 14; 1982, c. 63, s. 130; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Consolidated by-law.

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

2003, c. 19, s. 112.

Repeal, amendment.

366. A by-law may be repealed or amended only by another by-law.

R. S. 1964, c. 193, s. 395.

Public law.

367. Every by-law passed by the council shall, when published, be deemed public law in the territory of the municipality and outside of the same insofar as within the jurisdiction of the council, and it shall not be necessary to allege it specially.

R. S. 1964, c. 193, s. 396; 1996, c. 2, s. 210.

Certified copies.

368. A copy of any by-law, duly enacted, shall be received as evidence, provided that the same be signed and certified by the clerk or by the person in charge of access to documents of the municipality, and be sealed with the seal of the municipality, without any proof being necessary of the validity of the seal, or the signature of the said clerk or person in charge saving the right of any party attacking the by-law to proceed against the same by improbation.

R. S. 1964, c. 193, s. 397; 1987, c. 68, s. 36; 1999, c. 40, s. 51.

II. —  Penalties enacted by by-law

Penalty.

369. Except where the applicable penalty is provided for by law, the council may, by by-law,

 (1) prescribe that an offence under any regulatory provision coming under its jurisdiction shall be sanctioned by a fine;

 (2) prescribe either a fine of a fixed amount, or the minimum and maximum fines or a minimum fine of $1 and a maximum fine.

Maximum amount.

The fixed amount or maximum amount prescribed cannot exceed, for a first offence, $1,000 if the offender is a natural person, or $2,000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed cannot exceed $2,000 if the offender is a natural person, or $4,000 if the offender is a legal person.

R. S. 1964, c. 193, s. 398; 1975, c. 66, s. 12; 1990, c. 4, s. 174; 1992, c. 27, s. 3.

III. —   Repealed, 1987, c. 57, s. 712.
1987, c. 57, s. 712.

370. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

371. (Repealed).

1975, c. 66, s. 13; 1977, c. 52, s. 12; 1980, c. 16, s. 78; 1987, c. 57, s. 712.

372. (Repealed).

1975, c. 66, s. 13; 1979, c. 36, s. 76; 1987, c. 57, s. 712.

373. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

374. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

375. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

376. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

377. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

378. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

379. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

380. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

381. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

382. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

383. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

384. (Repealed).

1975, c. 66, s. 13; 1987, c. 57, s. 712.

IV. —   Repealed, 1987, c. 57, s. 712.
1987, c. 57, s. 712.

385. (Repealed).

R. S. 1964, c. 193, s. 399; 1968, c. 55, s. 110; 1969, c. 55, s. 20; 1982, c. 31, s. 148; 1982, c. 63, s. 131; 1987, c. 57, s. 712.

386. (Repealed).

R. S. 1964, c. 193, s. 400; 1968, c. 55, s. 111; 1979, c. 36, s. 77; 1987, c. 57, s. 712.

387. (Repealed).

R. S. 1964, c. 193, s. 401; 1968, c. 55, s. 112; 1987, c. 57, s. 712.

388. (Repealed).

R. S. 1964, c. 193, s. 402; 1987, c. 57, s. 712.

389. (Repealed).

R. S. 1964, c. 193, s. 403; 1987, c. 57, s. 712.

390. (Repealed).

R. S. 1964, c. 193, s. 404; 1968, c. 55, s. 113; 1987, c. 57, s. 712.

391. (Repealed).

R. S. 1964, c. 193, s. 405; 1968, c. 55, s. 5, s. 114; 1987, c. 57, s. 712.

392. (Repealed).

R. S. 1964, c. 193, s. 406; 1968, c. 55, s. 115; 1980, c. 16, s. 79; 1987, c. 57, s. 712.

393. (Repealed).

R. S. 1964, c. 193, s. 407; 1987, c. 57, s. 712.

394. (Repealed).

R. S. 1964, c. 193, s. 408; 1968, c. 55, s. 116; 1987, c. 57, s. 712.

395. (Repealed).

R. S. 1964, c. 193, s. 409; 1987, c. 57, s. 712.

396. (Repealed).

R. S. 1964, c. 193, s. 410; 1968, c. 55, s. 117; 1987, c. 57, s. 712.

V. —  Contestation and quashing of by-laws

Petition to quash.

397. Any person concerned may, by motion, in accordance with the rules of ordinary procedure prescribed by the Code of Civil Procedure (chapter C-25), apply and obtain on the ground of illegality, the quashing of any by-law or part of by-law of the council, with costs against the municipality.

R. S. 1964, c. 193, s. 411; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 118; 1987, c. 57, s. 713; 1988, c. 21, s. 66; 1996, c. 2, s. 146; 1996, c. 5, s. 74; 2002, c. 7, s. 164.

398. (Repealed).

R. S. 1964, c. 193, s. 412; 1968, c. 55, s. 119; 1987, c. 57, s. 714.

Allegations of petition.

399. The petition shall set forth, in a clear and precise manner, the reasons alleged in support of the application, and shall be accompanied by a certified copy of the by-law impugned, if such copy could be obtained.

Copy of by-law.

If no such copy could be obtained, the court of competent jurisdiction or a judge of that court, upon application to that effect, shall order the production thereof by the clerk of the council, and the clerk shall for such purposes be deemed to be an officer of the court.

R. S. 1964, c. 193, s. 413; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 147.

Service.

400. The petition shall be served at the office of the council, four days at least before it is presented to the court.

R. S. 1964, c. 193, s. 414.

Security.

401. Before the service of the petition, the petitioner shall give security for costs in the same manner as security in judicial proceedings is given, otherwise such petition shall not be received by the court.

R. S. 1964, c. 193, s. 415.

Answer.

402. The court or judge may, if it or he deem it expedient, allow the petition to be answered in writing.

R. S. 1964, c. 193, s. 416; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 148.

Hearing by preference.

403. The court shall hear and decide by preference such contestation.

R. S. 1964, c. 193, s. 417; 1965 (1st sess.), c. 80, a. 1.

Judgment.

404.  (1) The court may, by the judgment, quash such by-law, in whole or in part, order the service of such judgment at the office of the council interested, and cause the same to be published either in the manner prescribed for the publication of orders of the council, or in one or more newspapers.

Effect of annulment.

 (2) Every by-law or part of by-law so quashed shall cease to be in force from the date of the judgment.

R. S. 1964, c. 193, s. 418.

Costs.

405. The court may condemn either of the parties to pay the costs of the contestation; and such costs may be recovered from the parties to the suit and from their sureties.

Execution against sureties.

The judgment, as far as the costs are concerned, shall be executory against the sureties, fifteen days after a copy thereof has been served upon them.

R. S. 1964, c. 193, s. 419.

Damages.

406. The municipality shall alone be responsible for any damages and suits which may arise from the putting into force of any by-law or part of a by-law, the quashing of which has been so obtained.

R. S. 1964, c. 193, s. 420; 1999, c. 40, s. 51.

Prescription.

407. The right to apply for the quashing of a by-law shall cease after three months next after the coming into force of such by-law.

R. S. 1964, c. 193, s. 421.

No appeal.

408.  (1) Notwithstanding article 29 of the Code of Civil Procedure (chapter C-25), there shall be no appeal from interlocutory judgments rendered in an action to quash a by-law under sections 397 to 407. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.

Appeal.

 (2) An appeal shall lie to the Court of Appeal from the final judgment rendered in any matter mentioned in sections 352 and 397.

Time limit.
The appeal must be brought within 30 days after the date of the judgment.

Precedence.
It has precedence over any other appeal at the first session of the court after the inscription.

Service of judgment.
The plaintiff shall serve the judgment granting his action on the municipality by a certified copy of it with the clerk.

R. S. 1964, c. 193, s. 422; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2; 1987, c. 57, s. 715; 1988, c. 21, s. 66; 1996, c. 2, s. 149.

VI. —   Repealed, 1982, c. 63, s. 132.
1982, c. 63, s. 132.

409. (Repealed).

R. S. 1964, c. 193, s. 423; 1982, c. 63, s. 132.

§ 3. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

410. (Repealed).

R. S. 1964, c. 193, s. 424; 1982, c. 64, s. 5; 1996, c. 2, s. 150; 2000, c. 26, s. 59; 2005, c. 6, s. 194.

§ 4. —  Inspection of Houses, etc., and Seizures
1992, c. 61, s. 117.

By-laws:

411. The council may make by-laws:

inspection of property;

 (1) to authorize the officers or employees of the municipality to visit and examine, at any reasonable time, all movable and immovable property, as also the interior or exterior of any house, building or edifice whatsoever, to ascertain if the by-laws of the council are executed in respect thereof, to verify any information or determine any fact necessary to the exercise by the municipality of the power to issue a permit or a notice of compliance of an application and to grant an authorization or any other form of permission, conferred on the municipality by an Act or regulation, and to compel the owners or occupants of such property, buildings and edifices to admit such officers or employees;

 (2) (paragraph repealed);

seizure.

 (3) to authorize, at the time of an inspection, the seizure of any article offered for sale or sold or delivered, in contravention of the by-laws passed in virtue of this Act or of the charter.

Identification.

The officers or employees who carry out an inspection shall, on request, produce identification and a certificate issued by the municipality attesting their authority.

R. S. 1964, c. 193, s. 425; 1968, c. 55, s. 5; 1979, c. 51, s. 260; 1992, c. 61, s. 118; 2000, c. 19, s. 3; 2001, c. 35, s. 27.

§ 5. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

412. (Repealed).

R. S. 1964, c. 193, s. 426; 1968, c. 17, s. 89; 1968, c. 55, s. 5, s. 120; 1969, c. 55, s. 21; 1971, c. 48, s. 161; 1974, c. 45, s. 5; 1974, c. 46, s. 1; 1975, c. 66, s. 14; 1977, c. 18, s. 1; 1978, c. 7, s. 90; 1979, c. 36, s. 78; 1979, c. 51, s. 260; 1979, c. 85, s. 80; 1982, c. 63, s. 133; 1983, c. 57, s. 51; 1985, c. 27, s. 17; 1984, c. 47, s. 213; 1986, c. 31, s. 5; 1986, c. 91, s. 655; 1990, c. 4, s. 175; 1992, c. 27, s. 4; 1992, c. 21, s. 375; 1992, c. 65, s. 43; 1992, c. 61, s. 119; 1994, c. 14, s. 34; 1994, c. 17, s. 17; 1996, c. 2, s. 151; 1996, c. 16, s. 61; 1997, c. 58, s. 21; 1998, c. 31, s. 13; 1999, c. 40, s. 51; 1999, c. 36, s. 158; 2000, c. 56, s. 111; 2002, c. 37, s. 76; 2005, c. 6, s. 194.

§ 5.1. —   Repealed, 2005, c. 6, s. 194.
1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.1. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.2. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.3. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.4. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.5. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.6. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.7. (Repealed).

1979, c. 48, s. 120; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

412.8. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.9. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.10. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.11. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.12. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.13. (Repealed).

1979, c. 48, s. 120; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

412.14. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.15. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.16. (Repealed).

1979, c. 48, s. 120; 1992, c. 57, s. 468; 1994, c. 30, s. 87; 2005, c. 6, s. 194.

412.17. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.18. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.19. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.20. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.21. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.22. (Repealed).

1979, c. 48, s. 120; 1986, c. 95, s. 48; 2005, c. 6, s. 194.

412.23. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.24. (Repealed).

1979, c. 48, s. 120; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

412.25. (Repealed).

1979, c. 48, s. 120; 2005, c. 6, s. 194.

412.26. (Repealed).

1979, c. 48, s. 120; 1996, c. 2, s. 152; 2003, c. 19, s. 113.

§ 6. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

413. (Repealed).

R. S. 1964, c. 193, s. 427; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 5, s. 121; 1971, c. 48, s. 161; 1972, c. 42, s. 64; 1979, c. 36, s. 79; 1979, c. 83, s. 4; 1979, c. 48, s. 121; 1982, c. 64, s. 6; 1985, c. 3, s. 3; 1985, c. 27, s. 18; 1987, c. 42, s. 1; 1988, c. 21, s. 66; 1992, c. 27, s. 5; 1992, c. 57, s. 469; 1994, c. 30, s. 88; 1996, c. 2, s. 153; 1997, c. 93, s. 50; 1998, c. 31, s. 14; 1999, c. 40, s. 51; 2001, c. 60, s. 145; 2003, c. 19, s. 114; 2005, c. 6, s. 194.

413.0.1. (Repealed).

2003, c. 19, s. 115; 2005, c. 6, s. 194.

413.0.2. (Repealed).

2003, c. 19, s. 115; 2005, c. 6, s. 194.

413.1. (Repealed).

1997, c. 93, s. 51; 2005, c. 6, s. 194.

§ 7. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

414. (Repealed).

R. S. 1964, c. 193, s. 428; 1986, c. 95, s. 49; 1996, c. 2, s. 154; 1996, c. 27, s. 13; 1997, c. 53, s. 1; 2000, c. 56, s. 112; 2005, c. 6, s. 194.

414.1. (Repealed).

1983, c. 57, s. 52; 2005, c. 6, s. 194.

§ 8. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

415. (Repealed).

R. S. 1964, c. 193, s. 429; 1968, c. 55, s. 5, s. 122; 1972, c. 55, s. 80; 1974, c. 45, s. 6; 1975, c. 66, s. 15; 1977, c. 5, s. 14; 1977, c. 52, s. 13; 1978, c. 7, s. 91; 1979, c. 36, s. 80; 1979, c. 51, s. 260; 1981, c. 7, s. 536; 1982, c. 63, s. 134; 1983, c. 57, s. 53; 1985, c. 27, s. 19; 1986, c. 95, s. 50; 1986, c. 91, s. 655; 1988, c. 8, s. 81; 1988, c. 84, s. 700; 1992, c. 61, s. 120; 1996, c. 2, s. 155; 1996, c. 27, s. 14; 1996, c. 77, s. 14; 1997, c. 83, s. 43; 1999, c. 40, s. 51; 2000, c. 22, s. 68; 2002, c. 77, s. 33; 2004, c. 31, s. 71; 2005, c. 6, s. 194.

416. (Repealed).

1972, c. 55, s. 81; 1975, c. 45, s. 25; 1977, c. 5, s. 14; 1983, c. 46, s. 96; 1990, c. 83, s. 251.

417. (Repealed).

1977, c. 52, s. 14; 1979, c. 36, s. 81; 1996, c. 2, s. 156.

418. (Repealed).

1977, c. 52, s. 14; 1996, c. 2, s. 156.

419. (Repealed).

1977, c. 52, s. 14; 1996, c. 2, s. 156.

420. (Repealed).

1977, c. 52, s. 14; 1996, c. 2, s. 156.

421. (Repealed).

1977, c. 52, s. 14; 1979, c. 51, s. 257; 1996, c. 2, s. 156.

422. (Repealed).

R. S. 1964, c. 193, s. 430; 1996, c. 2, s. 210; 2000, c. 42, s. 126; 2002, c. 37, s. 77; 2005, c. 6, s. 194.

§ 9. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

423. (Repealed).

R. S. 1964, c. 193, s. 433 (part); 1972, c. 49, s. 128; 1996, c. 2, s. 157; 2005, c. 6, s. 194.

424. (Repealed).

R. S. 1964, c. 193, s. 434; 1984, c. 47, s. 213; 1996, c. 2, s. 158; 2005, c. 6, s. 194.

425. (Repealed).

R. S. 1964, c. 193, s. 435; 1984, c. 47, s. 213; 1996, c. 2, s. 159; 2005, c. 6, s. 194.

426. (Repealed).

R. S. 1964, c. 193, s. 436; 1996, c. 2, s. 160; 2005, c. 6, s. 194.

427. (Repealed).

R. S. 1964, c. 193, s. 437; 2002, c. 53, s. 20; 2005, c. 6, s. 194.

428. (Repealed).

R. S. 1964, c. 193, s. 438; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

429. (Repealed).

R. S. 1964, c. 193, s. 439; 2005, c. 6, s. 194.

430. (Repealed).

R. S. 1964, c. 193, s. 440; 2005, c. 6, s. 194.

431. (Repealed).

R. S. 1964, c. 193, s. 441; 1984, c. 47, s. 213; 2005, c. 6, s. 194.

432. (Repealed).

R. S. 1964, c. 193, s. 442; 1987, c. 42, s. 2; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

433. (Repealed).

R. S. 1964, c. 193, s. 443; 2005, c. 6, s. 194.

434. (Repealed).

R. S. 1964, c. 193, s. 444; 2005, c. 6, s. 194.

435. (Repealed).

R. S. 1964, c. 193, s. 445; 1996, c. 2, s. 161; 2005, c. 6, s. 194.

436. (Repealed).

R. S. 1964, c. 193, s. 446; 2005, c. 6, s. 194.

437. (Repealed).

R. S. 1964, c. 193, s. 447; 2005, c. 6, s. 194.

438. (Repealed).

R. S. 1964, c. 193, s. 448; 1968, c. 55, s. 5; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

439. (Repealed).

R. S. 1964, c. 193, s. 449; 2005, c. 6, s. 194.

440. (Repealed).

R. S. 1964, c. 193, s. 450; 1996, c. 27, s. 15; 2005, c. 6, s. 194.

440.1. (Repealed).

1996, c. 27, s. 15; 2005, c. 6, s. 194.

440.2. (Repealed).

1996, c. 27, s. 15; 2005, c. 6, s. 194.

441. (Repealed).

R. S. 1964, c. 193, s. 451; 1968, c. 55, s. 5; 1986, c. 95, s. 51; 1996, c. 2, s. 162; 2005, c. 6, s. 194.

442. (Repealed).

R. S. 1964, c. 193, s. 452; 2005, c. 6, s. 194.

443. (Repealed).

R. S. 1964, c. 193, s. 453; 1996, c. 2, s. 163; 2005, c. 6, s. 194.

444. (Repealed).

R. S. 1964, c. 193, s. 454; 1968, c. 55, s. 123; 1969, c. 55, s. 22; 1974, c. 47, s. 7; 1987, c. 57, s. 716; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

§ 10. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

445. (Repealed).

R. S. 1964, c. 193, s. 455; 1996, c. 2, s. 164; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

446. (Repealed).

R. S. 1964, c. 193, s. 456; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

447. (Repealed).

R. S. 1964, c. 193, s. 457; 1977, c. 5, s. 14; 1988, c. 23, s. 84; 1991, c. 74, s. 168; 2005, c. 6, s. 194.

448. (Repealed).

R. S. 1964, c. 193, s. 458; 2005, c. 6, s. 194.

449. (Repealed).

R. S. 1964, c. 193, s. 459; 1987, c. 42, s. 3; 1992, c. 61, s. 121; 2005, c. 6, s. 194.

450. (Repealed).

R. S. 1964, c. 193, s. 460; 2005, c. 6, s. 194.

451. (Repealed).

R. S. 1964, c. 193, s. 461; 2005, c. 6, s. 194.

452. (Repealed).

R. S. 1964, c. 193, s. 462; 1968, c. 55, s. 5; 1986, c. 95, s. 52; 1990, c. 4, s. 176; 2005, c. 6, s. 194.

453. (Repealed).

R. S. 1964, c. 193, s. 463; 1996, c. 2, s. 165; 2005, c. 6, s. 194.

§ 11. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

454. (Repealed).

R. S. 1964, c. 193, s. 464; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

454.1. (Repealed).

1997, c. 93, s. 52; 2000, c. 56, s. 113; 2005, c. 6, s. 194.

454.2. (Repealed).

1997, c. 93, s. 52; 2005, c. 6, s. 194.

§ 12. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

455. (Repealed).

1968, c. 55, s. 124; 1996, c. 2, s. 210; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

§ 13. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

456. (Repealed).

R. S. 1964, c. 193, s. 465; 1992, c. 61, s. 122; 1996, c. 2, s. 210; 2005, c. 6, s. 194.

§ 14. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

457. (Repealed).

R. S. 1964, c. 193, s. 466; 1968, c. 55, s. 5; 1982, c. 64, s. 7; 1992, c. 61, s. 123; 1996, c. 2, s. 166; 2005, c. 6, s. 194.

458. (Repealed).

R. S. 1964, c. 193, s. 467; 1996, c. 2, s. 210; 2005, c. 6, s. 194.

§ 14.1. —  Commercial development corporations
1982, c. 65, s. 2; 1997, c. 53, s. 2.

Delimitation.

458.1. The council may, by by-law, define the limits of a commercial zone within which a single commercial district may be formed, comprising at least 50 places of business and more than 50% of the places of business in that zone, and provide for the establishment of an initiatives and development association having jurisdiction in that district.

Taxable business establishment and occupant.

For the purposes of this subdivision, a business establishment and the ratepayer who operates or occupies it are a taxable business establishment and its occupant, respectively, within the meaning of the Act respecting municipal taxation (chapter F-2.1).

1982, c. 65, s. 2; 1993, c. 3, s. 94; 1999, c. 40, s. 51.

Functions of the association.

458.2. Such an association may promote the economic development of the district, establish joint services for its members and their customers, operate a business in the district, erect and manage a parking garage or parking lot and carry out work on public property or private property with the consent of the owner.

1982, c. 65, s. 2.

Ratepayers.

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

Signatures.

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

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

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

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

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

Content.

The application must conform to the by-law passed under section 458.19 and contain the following information:

 (a) the names of the applicants;

 (b) the addresses of their places of business;

 (c) the limits of the commercial district, using street names wherever possible;

 (d) the proposed name of the association;

 (e) the proposed address of its head office.

Documents.

The application must be accompanied with a list of the names and addresses of the ratepayers having a place of business in the district, and with a sketch of the commercial district.

1982, c. 65, s. 2; 2006, c. 60, s. 24.

Notice.

458.4. Within 45 days of receipt of the application, the council shall order the clerk to send a notice by registered or certified mail to every ratepayer having a place of business in the district, or cause it to be served on him, informing him that a register will be open to receive the signatures of the ratepayers who oppose the formation of the association.

1982, c. 65, s. 2.

Content.

458.5. The notice must state

 (a) the object of the application;

 (b) the right of the ratepayers having a place of business in the district to require, by signing the register, that a poll be held on the application;

 (c) the number of persons required for the holding of a poll, and the fact that if that number is not attained, the application will be deemed to be approved by those persons;

 (d) the fact that if the application is approved, the council may, by resolution, authorize the establishment of the association, that every ratepayer having a place of business in the district will be a member of the association, and that the association may levy an assessment from its members;

 (e) the place, dates and hours for signing the register.

1982, c. 65, s. 2.

Documents.

458.6. The clerk shall attach to the notice a copy of the application and of the documents accompanying it, the names and addresses of the ratepayers to whom the notice has been sent or on whom it has been served, and the text of this subdivision and of every pertinent by-law.

1982, c. 65, s. 2.

Applicable provisions.

458.7. Subject to this subdivision, Chapters IV and VI of Title II of the Act respecting elections and referendums in municipalities (chapter E-2.2), adapted as required, apply to the registration and the poll.

1982, c. 65, s. 2; 1987, c. 57, s. 717.

Register.

458.8. The place where the register is to be open must be situated in the district or at a distance of not over two kilometres from the perimeter of the district.

1982, c. 65, s. 2.

Register.

458.9. In no case may the register be open before the expiry of fifteen days from the sending of the notice.

1982, c. 65, s. 2.

Signing.

458.10. A ratepayer who has not received the notice from the clerk may sign the register if he proves that he has a place of business in the district. The procedure of registering signatures is not invalidated merely because a ratepayer having a place of business in the district did not receive the notice.

1982, c. 65, s. 2.

One signature.

458.11. Not more than one signature may be registered for each place of business.

1982, c. 65, s. 2.

Notice of poll.

458.12. If a poll is to be held, the clerk shall, at least 15 days before the appointed day, send a notice by registered or certified mail to every ratepayer having a place of business in the district, or cause it to be served on him, informing him that a poll will be held within 90 days from the filing of the application.

1982, c. 65, s. 2.

Establishment.

458.13. If more than 50% of the ratepayers who have voted have indicated that they are in favour, the council may, by resolution, authorize the establishment of the association; otherwise, the application is denied and no new application may be filed before a period of 24 months has expired.

1982, c. 65, s. 2; 2006, c. 31, s. 20; 2006, c. 60, s. 25.

Resolution.

458.14. The resolution authorizing the establishment of the association shall indicate the name of the association and the limits of the commercial district in which it is to have jurisdiction.

Name.

The name of an association must be in conformity with section 9.1 of the Companies Act (chapter C-38).

1982, c. 65, s. 2; 1993, c. 48, s. 198; 1999, c. 40, s. 51.

Head office.

458.15. The head office of the association must be situated in the territory of the municipality.

1982, c. 65, s. 2; 1996, c. 2, s. 210.

Copies of the resolution to the enterprise registrar.

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

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

 (2) transmit to the clerk and to the association or its authorized representative a copy of the resolution,

 (3) (paragraph repealed).

Grounds for refusal.

The enterprise registrar shall refuse to deposit in the register a resolution containing a name not in conformity with any of paragraphs 1 to 6 of section 9.1 of the Companies Act (chapter C-38).

1982, c. 65, s. 2; 1982, c. 65, s. 3; 1993, c. 48, s. 199; 1999, c. 40, s. 51; 2002, c. 45, s. 261; 2010, c. 7, s. 282.

Status of legal person.

458.17. From the date of deposit, the association is a legal person.

1982, c. 65, s. 2; 1993, c. 48, s. 200; 1999, c. 40, s. 51.

Provisions applicable.

458.17.1. Subject to section 458.17.2, sections 458.3 to 458.13, adapted as follows and as otherwise necessary, apply to a petition for dissolution:

 (1) the register is to be open to receive signatures from persons who are in favour of dissolution of the association;

 (2) the petition is deemed to be disapproved if the number of persons required for the holding of a poll is not attained.

1997, c. 93, s. 53.

Approval of petition.

458.17.2. If the petition for dissolution is approved, the clerk must send it to the board of directors of the association together with a certificate to the effect that the petition has been approved in accordance with the law.

Application.

The board of directors must, in accordance with the Companies Act (chapter C-38), file with the enterprise registrar an application for dissolution of the association.

1997, c. 93, s. 53; 2002, c. 45, s. 261.

Applicable provisions.

458.18. To the extent that it is applicable, Part III of the Companies Act (chapter C-38) governs the association, particularly the provisions relating to dissolution, subject to this section and the by-law approved by the enterprise registrar.

Applicable provisions.

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

Exercise of remedy.

The remedy provided for in section 123.27.1 of Part IA of the said Act, adapted as required, may be exercised in respect of the name of an association, subject to this subdivision and the by-law approved by the enterprise registrar.

1982, c. 65, s. 2; 1982, c. 65, s. 3; 1993, c. 48, s. 201; 2002, c. 45, s. 261.

By-laws.

458.19. The council may, by by-law, adopt provisions respecting the formalities of application to form an association, its composition, the responsibilities of the general meeting of members and of the board of directors, respectively, and any matter related to its organization, operation and dissolution.

Approval.

Any by-law passed under the first paragraph must be submitted to the enterprise registrar.

1982, c. 65, s. 2; 1982, c. 65, s. 3; 1997, c. 93, s. 54; 2002, c. 45, s. 261.

By-laws.

458.20. The council shall regulate any other matter relating to the association, in particular, the terms and conditions respecting the establishment, collection and repayment of assessments and the transitional rules applicable where the territory of the association is modified. It shall do so by by-law.

Internal management.

It shall also approve the internal management by-laws of the association.

1982, c. 65, s. 2; 1993, c. 3, s. 96.

Notice.

458.21. Within 15 days following the date of the organization meeting, the association shall transmit a notice of the address of its head office and a list of its directors to the enterprise registrar who shall deposit them in the register.

1982, c. 65, s. 2; 1982, c. 65, s. 3; 1993, c. 48, s. 202; 2002, c. 45, s. 261.

Members.

458.22. All the ratepayers having a place of business in the district are members of the association and, subject to section 458.23, have the right to vote at its meetings; they are entitled to one vote for each place of business.

1982, c. 65, s. 2.

Eligibility.

458.23. Where all or part of an assessment becomes exigible, only the members who have paid their assessment may be elected to the board of directors and exercise their right to vote.

1982, c. 65, s. 2.

Board of directors.

458.24. The board of directors is composed of nine persons. Six persons are elected by the general meeting from among the members of the association; one person is designated by the municipal council from among its members or from among the officers or employees of the municipality; and two persons are designated by the elected members of the board of directors.

1982, c. 65, s. 2; 1997, c. 93, s. 55; 2006, c. 60, s. 26.

Budget.

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

1982, c. 65, s. 2; 1993, c. 3, s. 97; 2006, c. 60, s. 27.

Authorization.

458.25.1. Every loan of the association whose object is the financing of a project involving capital expenditures must be authorized by the council.

1993, c. 3, s. 97.

Surety.

458.26. The municipality may stand surety for the association as regards the repayment of a loan of the association.

Applicable provisions.

The second and third paragraphs of subsection 3 of section 28 apply in respect of such a surety.

1982, c. 65, s. 2; 1996, c. 27, s. 16.

Budget approval.

458.27. On receiving the budget, the council may approve it after ascertaining that all the formalities for its adoption have been complied with and may order by by-law an assessment for which it shall determine the mode of computation and the number of payments.

1982, c. 65, s. 2; 1993, c. 3, s. 98.

Assessment rules.

458.28. The rules governing the computation of the assessments of the members, the payments and the dates they become due are established by by-law. The rules may provide a minimum or maximum limit to the amount or share of the assessments that the members may be required to pay.

1982, c. 65, s. 2; 1993, c. 3, s. 99.

Period of assessment.

458.29. The assessments are ordered on the ratepayers having a place of business on the first day of the fiscal period for which the budget is deposited.

1982, c. 65, s. 2.

New members.

458.30. A ratepayer who begins to occupy a place of business in the district of an association during a fiscal period becomes a member of the association and, in the case of an existing place of business, succeeds to the rights and obligations of the preceding ratepayer, who then ceases to be a member.

1982, c. 65, s. 2.

458.31. (Repealed).

1982, c. 65, s. 2; 1993, c. 3, s. 101.

Business tax.

458.32. An assessment ordered under this subdivision is deemed a special business tax for the purposes of its collection and the clerk and the treasurer have all the powers vested in them in that respect by this Act and the Act respecting municipal taxation (chapter F-2.1). The assessments collected, minus collection costs, and the list of the members who have paid them are remitted to the association.

1982, c. 65, s. 2; 1993, c. 3, s. 102.

Change of limits.

458.33. On the application of the board of directors of an association, the council may, by resolution, change the limits of the district of the association.

1982, c. 65, s. 2.

Approval.

458.34. Every application under section 458.33 must, before being filed with the council, be approved by the members of the association at a general meeting specially convened for that purpose.

1982, c. 65, s. 2; 1993, c. 3, s. 103.

Consultation.

458.35. Every application under section 458.33 for the enlargement of the district of the association must, after it is received, be submitted for consultation to the ratepayers operating a place of business in the territory affected by the proposed addition.

Applicable provisions.

Sections 458.4 to 458.13, adapted as required, apply for the purposes of such consultation.

1982, c. 65, s. 2; 1993, c. 3, s. 103.

458.36. (Replaced).

1982, c. 65, s. 2; 1993, c. 3, s. 103.

Irreceivability.

458.37. No application to change the limits of a district is receivable if the change results in reducing the number of members of the association to fewer than fifty.

1982, c. 65, s. 2.

Jurisdiction.

458.38. The council resolution granting the application of an association extends or limits the jurisdiction of the association to the district thus changed.

1982, c. 65, s. 2.

Voluntary membership.

458.39. An association may, according to the modalities and on the conditions established in its by-laws, for the voluntary membership of persons having a place of business outside the district or occupying an immovable, other than a place of business, situated in or outside the district.

1982, c. 65, s. 2; 1993, c. 3, s. 104.

Copies of resolution.

458.40. The resolution changing the limits of the district of the association must be transmitted to the enterprise registrar in three certified true copies. On receiving the copies of the resolution, the enterprise registrar shall observe the procedures prescribed in section 458.16, with the necessary modifications.

1982, c. 65, s. 2; 1982, c. 65, s. 3; 2002, c. 45, s. 261.

Change.

458.41. The change takes effect from the date of deposit of the resolution.

1982, c. 65, s. 2; 1993, c. 48, s. 203.

Grants.

458.42. The council may, by by-law, on the conditions it determines, make grants to the associations that, in each case, may be in an amount equivalent to that part of the revenues of the association estimated in its budget and derived from members' assessments or an amount not greater than the maximum amount established by the by-law.

1982, c. 65, s. 2.

Special meeting.

458.43. If a special general meeting is called at the request of the members to deal with a particular subject, no second meeting may be held to deal with the same subject within the same fiscal period, except with the consent of the board of directors.

1982, c. 65, s. 2.

Applicable provisions.

458.44. The provisions of this subdivision concerning a ratepayer operating or occupying a place of business apply to every mandatary of the State who is such a ratepayer.

1982, c. 65, s. 2; 1993, c. 3, s. 105; 1999, c. 40, s. 51.

§ 15. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

459. (Repealed).

R. S. 1964, c. 193, s. 468; 1982, c. 64, s. 8; 1996, c. 2, s. 210; 2005, c. 6, s. 194.

§ 16. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

460. (Repealed).

R. S. 1964, c. 193, s. 469; 1972, c. 55, s. 80; 1982, c. 63, s. 135; 1982, c. 64, s. 9; 1992, c. 61, s. 124; 1996, c. 2, s. 167; 2005, c. 6, s. 194.

§ 17. —  Unclaimed Objects

Sale of unclaimed movables.

461. The municipality may cause to be sold at auction, by a bailiff, without judicial formalities and after giving the notices required by the Civil Code, any lost or forgotten movables it holds which have not been claimed within 60 days, any movables it holds which are referred to in article 943 of the Civil Code, and any movables without an owner which it collects in its territory.

Presumption.

Vehicles without a motor or in a ruinous state which are left in public places and not claimed within 10 days are presumed to be abandoned and without an owner.

R. S. 1964, c. 193, s. 470; 1968, c. 55, s. 125; 1974, c. 13, s. 36; 1979, c. 36, s. 82; 1985, c. 27, s. 20; 1992, c. 61, s. 125; 1992, c. 57, s. 470; 1999, c. 40, s. 51.

§ 18. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

462. (Repealed).

R. S. 1964, c. 193, s. 471; 1968, c. 55, s. 5; 1996, c. 2, s. 168; 2005, c. 6, s. 194.

§ 19. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

463. (Repealed).

R. S. 1964, c. 193, s. 472; 1974, c. 45, s. 7; 1979, c. 36, s. 83; 1981, c. 7, s. 536; 1986, c. 91, s. 655; 1990, c. 4, s. 177; 1992, c. 61, s. 126; 1996, c. 2, s. 210; 1996, c. 27, s. 17; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

463.0.1. (Repealed).

2004, c. 20, s. 96; 2005, c. 6, s. 194.

§ 19.1. —   Repealed, 2005, c. 6, s. 194.
1998, c. 31, s. 15; 2005, c. 6, s. 194.

463.1. (Repealed).

1998, c. 31, s. 15; 2005, c. 6, s. 194.

§ 19.2. —   Repealed, 2005, c. 6, s. 194.
2002, c. 77, s. 34; 2005, c. 6, s. 194.

463.2. (Repealed).

2002, c. 77, s. 34; 2004, c. 20, s. 97; 2005, c. 6, s. 194.

§ 20. —  Indemnities, Relief and Rewards

464. The council may make by-laws:

 (1) (subparagraph repealed);

 (2) (subparagraph repealed);

 (3) (subparagraph repealed);

 (4) (subparagraph repealed);

 (5) (subparagraph repealed);

 (6) (subparagraph repealed);

 (7) (subparagraph repealed);

 (8) to establish and maintain, on the conditions prescribed by the by-law, a pension plan for the benefit of the officers and employees of the municipality or to participate in such a plan; to make, for that purpose, if need be, any agreement with a life insurance company or a trust company or with a legal person or government issuing life annuities; to grant subsidies for the establishment and maintenance of the plan; to fix the maximum age of the officers and employees and the contributions which they and the municipality must pay into the plan's pension fund; to cause to be assumed by the municipality the contributions required to enable the officers and employees to be credited, for the purposes of the pension plan, with their previous years of service, and borrow the sums required for that purpose by the by-law creating or amending the plan.

A by-law passed under this subparagraph may establish classes of officers or employees and prescribe that the pension plan is restricted to a certain class or that separate plans are established for each class.

The council may, at the request of any mandatary body of the municipality or any supramunicipal body within the meaning of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) whose territory comprises that of the municipality, made by way of a resolution approved by the majority of the employees of the said body, include those employees within the scope of a by-law contemplated in the first paragraph. The body concerned shall deduct the employees' contributive shares from their salary or remuneration and shall pay them to the municipality at the same time as its own contributive share. The by-law by which the council integrates the employees of the body must specify the terms and conditions of the integration.

A by-law establishing a pension plan requires only the approval of the majority of the officers and employees referred to in the by-law even if the by-law prescribes a loan. Such approval may, in respect of the officers and employees represented by a certified association, be given by the association. However, no approval is required in the case of an amendment to the by-law for the purpose of enhancing benefits, which enhancement is paid out of a stabilization fund established under the Supplemental Pension Plans Act (chapter R-15.1), or refunding contributions paid into such a fund.

The Supplemental Pension Plans Act applies to a pension plan referred to in this subparagraph, except where the plan is referred to in section 2 of that Act. Every by-law to establish or amend a pension plan may have effect retroactively to the first effective date of the pension plan or any amendment to it under the Supplemental Pension Plans Act;

 (9) (subparagraph repealed);

 (10) to take out insurance policies on the lives of all the officers and employees of the municipality or of any special class of officers or employees which the by-law determines, under the system known as “group insurance”, and pay the whole or part of the premium required, out of the general funds of the municipality; to pay, in whole or in part, on behalf of the officers and employees of the municipality, out of the general funds of the municipality, the premium required for any group insurance plan respecting medical, surgical and hospital costs for them and their dependents; to pay, in whole or in part, out of the general funds of the municipality, for and on behalf of the officers and employees of the municipality, the premium required for any sickness or disability group salary insurance plan.

The council may, at the request of any mandatary body of the municipality or any supramunicipal body within the meaning of the Act respecting the Pension Plan of Elected Municipal Officers whose territory comprises that of the municipality, include the employees of the body within the scope of a by-law contemplated in the first paragraph. The body concerned shall deduct the employees' contributive shares of the cost of the premium from their salary or remuneration and shall pay them to the municipality at the same time as its own contributive share. The by-law by which the council integrates the employees of the body must specify the terms and conditions of the integration.

The council may, by by-law, take out liability insurance for the benefit of its officers and employees.

The members of the council, as long as they remain in office, may participate in the group insurance and liability insurance taken out by the council under this subparagraph, on the same conditions as those applicable to the officers and employees mentioned in the subparagraph. However, the council may exercise the powers provided for in the first and third paragraphs in respect of the members of the council exclusively provided there are officers or employees of the municipality who also benefit from the same type of insurance contract.

The council may, by by-law, authorize any person having been a member of the council of the municipality during any period that the by-law determines, and receiving a retirement pension under a plan in which the members of the council of the municipality were members, to participate in the group insurance taken out by the municipality. The member shall pay the entire amount of the premium.

Every by-law adopted under this subparagraph may have effect retroactively to the effective date of the insurance policy or the amendment to it, as the case may be;

 (10.1) to enable it to participate, for the benefit of its officers and employees or the members of the council, in the type of insurance contract referred to in the first or third paragraph of subparagraph 10 of the first paragraph, for which the policyholder is the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM); such participation may only cover the members of the council provided there are officers or employees of the municipality who also benefit from the same type of insurance contract; the by-law establishes the rules governing the proportion of the premium paid by the municipality.

The council may exercise the powers provided for in the second, fifth and sixth paragraphs of subparagraph 10 of the first paragraph in respect of a by-law passed under this subparagraph, with the necessary modifications.

The rules governing the awarding of contracts by a municipality apply to a contract referred to in the first paragraph taken out with an insurer by the Union or the Federation. However, the contract is only subject to the contract management policy described in section 573.3.1.2 that must be adopted by the Union or the Federation for that purpose.

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

 (11) to provide for the redemption of the number of sick days accumulated by the employees and officers of the municipality.

However, the council may exercise its powers under subparagraphs 8, 10, 10.1 and 11 of the first paragraph by resolution.

R. S. 1964, c. 193, s. 473; 1968, c. 55, s. 126; 1971, c. 48, s. 161; 1974, c. 45, s. 8; 1977, c. 5, s. 14; 1980, c. 16, s. 80; 1982, c. 2, s. 34; 1984, c. 38, s. 12; 1986, c. 31, s. 6; 1987, c. 42, s. 4; 1989, c. 38, s. 268; 1992, c. 27, s. 6; 1992, c. 21, s. 123; 1994, c. 23, s. 23; 1996, c. 2, s. 169; 1996, c. 27, s. 18; 1999, c. 40, s. 51; 2001, c. 68, s. 11; 2003, c. 19, s. 116; 2005, c. 6, s. 194; 2009, c. 26, s. 20; 2011, c. 11, s. 6; 2013, c. 30, s. 2.

Transfer of fringe benefits.

465. The fringe benefits accumulated by an officer or employee who is subsequently employed by another municipality which offers such benefits are transferable at the request of such officer or employee.

Fringe benefits.

The fringe benefits contemplated in the preceding paragraph include the benefits accumulated in a pension plan or fund administered by the employer, by the employer and the employees or by a third person on behalf of the municipal officers and employees; they do not include the benefits provided under a pension plan to which the Supplemental Pension Plans Act applies (chapter R-15.1).

1974, c. 45, s. 9; 1975, c. 66, s. 16; 1977, c. 5, s. 14; 1986, c. 31, s. 7; 1989, c. 38, s. 269.

§ 20.1. —  Damage insurance
1992, c. 27, s. 7.

Joint application.

465.1. Municipalities may file with the Minister of Municipal Affairs, Regions and Land Occupancy a joint application for the constitution of a legal person the object of which is to transact damage insurance business exclusively for the municipalities that are members thereof and their mandatary bodies within the meaning of section 18 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) or for any person the municipalities may subsidize under the first paragraph of section 92 of the Municipal Powers Act (chapter C-47.1) or for any partnership or legal person devoted to the pursuit of the purposes mentioned in the second paragraph of section 8, subparagraph 2 of the first paragraph of section 91 or the first paragraph of section 93 of that Act that the municipalities may subsidize.

“municipality”.

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

1992, c. 27, s. 7; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 56, s. 114; 2003, c. 19, s. 117, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 191; 2009, c. 26, s. 109.

By-law.

465.2. The council of each of the applicant municipalities must adopt a by-law whereby it approves the agreement referred to in section 465.3 and authorizes the filing of the application.

1992, c. 27, s. 7.

Agreement.

465.3. The application must be accompanied with an agreement applicable to the members indicating

 (1) the name of the legal person;

 (2) the name of the applicant municipalities;

 (3) the place in Québec where the head office of the legal person will be situated;

 (4) the proposed classes of damage insurance;

 (5) the name, address and occupation of each member of the first board of directors of the legal person;

 (6) the mode of determination and payment of the annual contribution and of any other contribution required of the municipalities, and the classes of municipalities established for that purpose, where that is the case;

 (7) any other measure necessary for the administration and operation of the legal person, in particular measures concerning the participation, withdrawal or expulsion of a member, that is not inconsistent with the legislative provisions applicable pursuant to section 465.10.

Name.

The name of the legal person must be in conformity with section 16 of the Business Corporations Act (chapter S-31.1).

1992, c. 27, s. 7; 1993, c. 48, s. 204; 1999, c. 40, s. 51; 2009, c. 52, s. 540.

Documents.

465.4. The application must, in addition, be accompanied with the following documents:

 (1) a development plan supported by a budgeted statement of the balance sheet, operating account and surplus account over a period of not less than three years, showing the calculation assumptions used;

 (2) the résumé of each of the proposed directors.

1992, c. 27, s. 7.

Information and documents.

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

1992, c. 27, s. 7; 2002, c. 45, s. 257; 2004, c. 37, s. 90.

Letters patent.

465.6. After receiving the advice of the Autorité des marchés financiers stating that the proposed constitution is financially viable, the Minister may request the latter to issue letters patent to constitute the legal person.

Grounds for refusal.

The Minister shall refuse to authorize the constitution of a legal person if the agreement contains a name that is not in conformity with any of paragraphs 1 to 6 of section 16 of the Business Corporations Act (chapter S-31.1).

Deposit of letters patent in register.

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

1992, c. 27, s. 7; 1993, c. 48, s. 205; 1999, c. 40, s. 51; 2002, c. 45, s. 258; 2004, c. 37, s. 90; 2009, c. 52, s. 541; 2010, c. 7, s. 282.

Constitution.

465.7. Upon the issuance of the letters patent, the legal person is constituted.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

Supplementary letters patent.

465.8. The Autorité des marchés financiers shall, at the Minister's request, issue supplementary letters patent to amend the letters patent or supplementary letters patent of a legal person.

Applicable provisions.

The second paragraph of section 465.6 applies in respect of supplementary letters patent.

Conditions.

The supplementary letters patent may be issued only if the amendment embodied therein has been the subject of an application ratified by two-thirds of the members of the legal person.

1992, c. 27, s. 7; 1999, c. 40, s. 51; 2002, c. 45, s. 261; 2008, c. 7, s. 51.

Correction or cancellation.

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

Effective date.

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

1992, c. 27, s. 7; 1993, c. 48, s. 206; 2002, c. 45, s. 261; 2008, c. 7, s. 52.

Exercise of remedy.

465.9.1. The remedy provided for in section 25 of the Business Corporations Act (chapter S-31.1), adapted as required, may be exercised in respect of the name of a legal person.

1993, c. 48, s. 207; 1999, c. 40, s. 51; 2009, c. 52, s. 542.

Legal person.

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

2003, c. 19, s. 118.

Applicable provisions.

465.10. The provisions of the Act respecting insurance (chapter A-32) apply, adapted as required, to a legal person as if it were a mutual damage insurance company and an insurer, with the exception of sections 33.1 to 33.3, 88.1, 93.1, 175 to 200.0.14, 210, 244.1 to 245.0.1, 246, 247.1 and 406.2.

Applicable provisions.

Section 35.3 of the said Act applies to a legal person as if it were constituted by a special Act.

Number of members.

For the purposes of section 319 of the said Act, the number of members required shall not be fewer than 10% of the membership.

Applicable provisions.

Section 404.1 of the said Act applies to a legal person.

1992, c. 27, s. 7; 1999, c. 40, s. 51; 2002, c. 70, s. 179; 2009, c. 52, s. 543.

Provisions applicable.

465.10.1. Sections 477.4 to 477.6 and 573 to 573.4 apply to a legal person, with the necessary modifications, and a legal person is deemed to be a local municipality for the purposes of a regulation made under section 573.3.0.1 or 573.3.1.1.

Modifications applicable.

The following modifications are among those applicable for the purposes of the first paragraph: if the legal person does not have a website, the statement and hyperlink required under the second paragraph of section 477.6 must be posted on another website the legal person determines; the legal person shall give public notice of the address of that website at least once a year; the notice must be published in a newspaper in the territory of each municipality that is a member of the legal person.

2003, c. 19, s. 119; 2010, c. 1, s. 8; 2010, c. 18, s. 25.

Investment rules.

465.11. A legal person may invest its moneys in accordance with the rules governing the investment of the property of others provided in the Civil Code of Lower Canada. It may also invest its moneys in accordance with the second paragraph of section 99 of this Act.

1992, c. 27, s. 7; 1999, c. 40, s. 51; 2002, c. 70, s. 180.

Director.

465.12. A director of a legal person need not be a member of the council of a municipality that is a party to the agreement.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

Increase in contributions.

465.13. If the Autorité des marchés financiers is of the opinion that the contributions which the municipalities are required to pay are no longer sufficient, in view of the obligations of the legal person, to maintain sufficient capital, in accordance with the Act respecting insurance (chapter A-32), the Authority may order the legal person, after giving it the opportunity to present observations, to increase the contributions by the amount and for the period that the Authority determines, so as to cover the operating costs of the legal person.

Payment.

The municipalities are thereupon bound to pay the required contributions.

Order.

The order is deemed to be an order made under the Act respecting insurance.

1992, c. 27, s. 7; 1997, c. 43, s. 165; 1999, c. 40, s. 51; 2002, c. 70, s. 181; 2002, c. 45, s. 259; 2004, c. 37, s. 90.

Loan by-law.

465.14. Any municipality may, by a by-law which requires only the approval of the Minister, order a loan for the payment of a contribution.

1992, c. 27, s. 7.

Withdrawal.

465.15. No member may withdraw from the legal person before the expiry of five years after the date on which it became a member.

Authorization.

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

Authorization.

The Autorité des marchés financiers shall grant its authorization

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

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

Winding-up.

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

Observations.

The Autorité des marchés financiers shall, before ordering the winding-up of the legal person, give it an opportunity to present observations in writing within 30 days after the sending of a notice in which the Authority informs the legal person of its intention to order its winding-up.

Effect.

The order has the same effect as an order rendered by a judge of the Superior Court under section 25 of the Winding-up Act (chapter L-4).

Notice.

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

Applicable provisions.

The provisions of Chapter XI of Title IV of the Act respecting insurance (chapter A-32) also apply, adapted as required, to the winding-up so ordered to the extent that they are not inconsistent with the provisions of the Act respecting insurance.

Applicable provisions.

This section also applies in cases of expulsion of a member of the legal person.

1992, c. 27, s. 7; 1993, c. 48, s. 208; 1999, c. 40, s. 51; 2003, c. 19, s. 120; 2002, c. 45, s. 260; 2004, c. 37, s. 90; 2010, c. 40, s. 92.

Authorization.

465.16. The voluntary winding-up of a legal person must be authorized by the Minister.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

Insurer's licence.

465.17. Notwithstanding any provision to the contrary, a legal person is not required, to obtain an insurer's licence, to undertake to be party to a standard-form contract and to maintain the conditions stated therein with the Property and Casualty Insurance Compensation Corporation.

1992, c. 27, s. 7; 1999, c. 40, s. 51.

465.18. (Repealed).

1992, c. 27, s. 7; 2003, c. 19, s. 121.

§ 21. —   Repealed, 2005, c. 6, s. 194.
2005, c. 6, s. 194.

466. (Repealed).

R.S. 1964, c. 193, s. 474; 1966-67, c. 48, s. 22; 1968, c. 55, s. 127; 1969, c. 55, s. 23; 1972, c. 54, s. 32; 1973, c. 22, s. 22; 1974, c. 47, s. 8; 1975, c. 66, s. 17; 1977, c. 5, s. 14; 1979, c. 72, s. 306; 1979, c. 77, s. 21; 1987, c. 57, s. 718; 1992, c. 54, s. 57; 1996, c. 2, s. 170; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

§ 21.1. —   Repealed, 2005, c. 6, s. 194.
1996, c. 27, s. 19; 1997, c. 53, s. 3; 2005, c. 6, s. 194.

466.1. (Repealed).

1996, c. 27, s. 19; 1999, c. 43, s. 13; 2000, c. 56, s. 223; 2003, c. 19, s. 250; 2004, c. 20, s. 98; 2005, c. 6, s. 194.

466.1.1. (Repealed).

1998, c. 31, s. 16; 1999, c. 40, s. 51; 2001, c. 6, s. 135; 2000, c. 56, s. 223; 2005, c. 6, s. 194.

466.1.2. (Repealed).

1998, c. 31, s. 16; 2005, c. 6, s. 194.

466.1.3. (Repealed).

1998, c. 31, s. 16; 2005, c. 6, s. 194.

466.2. (Repealed).

1997, c. 53, s. 4; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 17; 2000, c. 56, s. 223; 2003, c. 29, s. 144; 2005, c. 6, s. 194.

466.3. (Repealed).

1997, c. 53, s. 4; 1997, c. 93, s. 56; 1997, c. 91, s. 50; 1998, c. 31, s. 18; 2002, c. 77, s. 35; 2005, c. 6, s. 194.

§ 22. —   Repealed, 2008, c. 18, s. 138.
1983, c. 45, s. 35; 2008, c. 18, s. 138.

467. (Repealed).

1968, c. 55, s. 128; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1979, c. 36, s. 84; 1983, c. 45, s. 35; 1984, c. 38, s. 13; 2008, c. 18, s. 138.

467.1. (Repealed).

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1985, c. 35, s. 1; 2008, c. 18, s. 138.

467.2. (Repealed).

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1985, c. 35, s. 2; 1986, c. 66, s. 8; 2008, c. 18, s. 138.

467.3. (Repealed).

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1985, c. 35, s. 2; 2008, c. 18, s. 138.

467.3.1. (Repealed).

1986, c. 66, s. 9; 1988, c. 25, s. 1; 1997, c. 43, s. 166; 2008, c. 18, s. 138.

467.4. (Repealed).

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1985, c. 35, s. 3; 1986, c. 66, s. 10; 2008, c. 18, s. 138.

467.5. (Repealed).

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1988, c. 25, s. 3; 2008, c. 18, s. 138.

467.6. (Repealed).

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1988, c. 25, s. 4; 2008, c. 18, s. 138.

467.7. (Repealed).

1981, c. 26, s. 38; 1983, c. 45, s. 35; 1984, c. 38, s. 14; 2008, c. 18, s. 138.

467.7.1. (Repealed).

1985, c. 35, s. 4; 1996, c. 2, s. 171; 2008, c. 18, s. 138.

467.7.2. (Repealed).

1985, c. 35, s. 4; 1988, c. 25, s. 5; 1996, c. 2, s. 172; 2008, c. 18, s. 138.

467.7.3. (Repealed).

1985, c. 35, s. 4; 1988, c. 25, s. 6; 2008, c. 18, s. 138.

467.7.4. (Repealed).

1988, c. 25, s. 7; 2008, c. 18, s. 138.

467.8. (Repealed).

1983, c. 45, s. 35; 2008, c. 18, s. 138.

467.9. (Repealed).

1983, c. 45, s. 35; 1985, c. 35, s. 5; 1988, c. 25, s. 8.

467.10. (Repealed).

1983, c. 45, s. 35; 1988, c. 25, s. 9.

467.10.1. (Repealed).

1985, c. 35, s. 6; 2008, c. 18, s. 138.

467.10.2. (Repealed).

1985, c. 35, s. 6; 1986, c. 66, s. 11; 1999, c. 40, s. 51; 2008, c. 18, s. 138.

467.10.3. (Repealed).

1985, c. 35, s. 6; 1988, c. 25, s. 10; 2008, c. 18, s. 138.

467.10.4. (Repealed).

1986, c. 66, s. 12; 1988, c. 25, s. 11; 2008, c. 18, s. 138.

467.10.5. (Repealed).

1988, c. 25, s. 12; 1997, c. 53, s. 5; 2008, c. 18, s. 138.

467.10.6. (Repealed).

1988, c. 25, s. 12; 2008, c. 18, s. 138.

467.10.7. (Repealed).

1988, c. 25, s. 12; 2008, c. 18, s. 138.

§ 22.1. —   Repealed, 2008, c. 18, s. 138.
1983, c. 45, s. 35; 2008, c. 18, s. 138.

467.11. (Repealed).

1983, c. 45, s. 35; 1984, c. 23, s. 1; 1984, c. 38, s. 15; 1988, c. 25, s. 13; 2004, c. 31, s. 62; 2008, c. 18, s. 138.

467.12. (Repealed).

1983, c. 45, s. 35; 1988, c. 25, s. 14; 2008, c. 18, s. 138.

467.12.1. (Repealed).

1988, c. 25, s. 14; 2008, c. 18, s. 138.

467.13. (Repealed).

1983, c. 45, s. 35; 1988, c. 25, s. 15; 2008, c. 18, s. 138.

467.14. (Repealed).

1983, c. 45, s. 35; 1984, c. 23, s. 2; 1984, c. 38, s. 16; 1988, c. 25, s. 16; 2008, c. 18, s. 138.

§ 22.2. —   Repealed, 2005, c. 6, s. 194.
1992, c. 54, s. 58; 2005, c. 6, s. 194.

467.15. (Repealed).

1992, c. 54, s. 58; 2005, c. 6, s. 194.

467.16. (Repealed).

1992, c. 54, s. 58; 2005, c. 6, s. 194.

467.17. (Repealed).

1992, c. 54, s. 58; 2005, c. 6, s. 194.

467.18. (Repealed).

1992, c. 54, s. 58; 2005, c. 6, s. 194.

467.19. (Repealed).

1992, c. 54, s. 58; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

467.20. (Repealed).

1992, c. 54, s. 58; 1996, c. 2, s. 173; 2000, c. 56, s. 115; 2005, c. 6, s. 194.

§ 23. —  Intermunicipal agreements
1979, c. 83, s. 5.

(a) Agreement

1979, c. 83, s. 5.

Agreements.

468. Every municipality may make an agreement with any other municipality, regardless of the law governing it, relating to all or part of any field within its jurisdiction.

Sharing of services.

Where several municipalities, by means of an agreement, share the services of an officer whom each municipality must have or appoint according to law, each party to the agreement is deemed to comply with that obligation.

R. S. 1964, c. 193, s. 475; 1968, c. 55, s. 129; 1969, c. 55, s. 24; 1979, c. 83, s. 5; 1982, c. 63, s. 136; 1983, c. 57, s. 54; 1984, c. 38, s. 17; 1992, c. 65, s. 25; 1996, c. 2, s. 174; 1996, c. 27, s. 20; 1998, c. 31, s. 19; 2000, c. 56, s. 116.

468.0.1. (Repealed).

1985, c. 27, s. 21; 1986, c. 31, s. 8.

Approval.

468.1. The agreement mentioned in section 468.10 must be approved by the Minister of Municipal Affairs, Regions and Land Occupancy.

By-law.

When submitted for approval, the agreement must be accompanied with the resolutions by which it was authorized.

Applicability.

The first two paragraphs also apply to any agreement amending the agreement mentioned in section 468.10.

1979, c. 83, s. 5; 1994, c. 33, s. 9; 1996, c. 27, s. 21; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

468.2. (Repealed).

1979, c. 83, s. 5; 1996, c. 27, s. 22.

Content.

468.3. The agreement must include

 (1) a detailed description of its object;

 (2) the mode of operation, determined in accordance with section 468.7;

 (3) the mode of apportionment of the financial contributions among the municipalities that are parties to the agreement;

 (4) an indication of the term of the agreement and, where such is the case, the terms and conditions of its renewal;

 (5) where the agreement is contemplated in the second paragraph of section 468.5, a palliative measure for the case where actual consumption exceeds maximum capacity of consumption;

 (6) the apportionment of the assets and liabilities relating to the implementation of the agreement, when the agreement is terminated.

1979, c. 83, s. 5; 1999, c. 40, s. 51.

Contributions.

468.4. The financial contribution of each municipality must include:

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

 (2) the operating cost related to the object of the agreement.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

Capital expenditures.

468.5. The payment of capital expenditures is made in accordance with the mode of apportionment contained in the agreement.

Capacity of consumption.

However, where the object of the agreement is the supply of drinking water or the management of waste water, it must fix a maximum capacity of consumption for each municipality, taking into account the potential use of the goods and services contemplated. The payment of capital expenditures is then made in proportion to the maximum capacity of consumption of each municipality.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

Operating cost.

468.6. The operating cost must be apportioned according to the actual consumption of each municipality, which must not exceed, as the case may be, the maximum capacity of consumption determined in accordance with the second paragraph of section 468.5.

Apportionment.

Where the criterion of apportionment mentioned in the first paragraph is not applicable to the object of the agreement, the agreement must provide an alternate method for that purpose.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

Modes of operation.

468.7. The agreement must provide one of the following modes of operation:

 (1) the supply of services by one of the municipalities that are parties to the agreement;

 (2) the delegation of a jurisdiction, except that of making by-laws or imposing taxes, from one municipality to another;

 (3) intermunicipal management.

1979, c. 83, s. 5; 1996, c. 2, s. 209; 1998, c. 31, s. 20.

Intermunicipal committee.

468.8. In the case of the supply of services or delegation of jurisdiction, the agreement may provide for the creation of an intermunicipal committee for the purposes of its implementation. In all cases, however, the expenditure of money may be authorized exclusively by the council of each municipality.

1979, c. 83, s. 5; 1987, c. 102, s. 39; 1996, c. 2, s. 209.

Powers.

468.9. The municipality to which another municipality that is a party to the agreement has delegated its jurisdiction has all the powers necessary for the carrying out of the agreement, including the power to carry out work on the territory of the other municipality and to acquire and possess property in that territory.

1979, c. 83, s. 5; 1994, c. 33, s. 10; 1996, c. 2, s. 209; 2001, c. 25, s. 28.

(b) Intermunicipal management board

1979, c. 83, s. 5.

Management board.

468.10. Where the agreement provides for the establishment of an intermunicipal management board, in addition to the particulars mentioned in section 468.3, the agreement must contain:

 (1) the intended name of the management board;

 (2) the place of its head office, which must be situated in the territory of one of the municipalities that are parties to the agreement;

 (3) the number of votes, which may be in number and in value, granted to each member of the board of directors.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

Decision of the Minister.

468.11. Where an agreement mentioned in section 468.10 is submitted to the Minister of Municipal Affairs, Regions and Land Occupancy, he may approve the agreement and order the establishment of the intermunicipal management board.

Order.

The order must indicate the object of the agreement and set forth such other provisions of the agreement as the Minister considers necessary. It must also indicate the date and place of the first meeting of the board of directors of the management board.

Amendment.

The Minister may amend the order he has issued if the agreement submitted to his approval is amended.

Coming into force.

The order, or any amendment to it, comes into force when a notice of its issuance is published in the Gazette officielle du Québec.

1979, c. 83, s. 5; 1990, c. 85, s. 116; 1994, c. 33, s. 11; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Legal person.

468.12. The management board is a legal person.

Composition.

It is composed of the members of the board of directors.

1979, c. 83, s. 5; 1999, c. 40, s. 51.

Function.

468.13. The function of the management board is to carry out the object of the agreement.

1979, c. 83, s. 5.

Revenues.

468.14. All the revenues of the management board must be used for the performance of its obligations and the carrying out of the object of the agreement.

1979, c. 83, s. 5.

Aliquot share of the municipalities.

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

By-law of the management board .

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

2008, c. 18, s. 23.

Mode of apportionment of the expenditures.

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

2008, c. 18, s. 23.

Approval of by-law.

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

Presumption.

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

2008, c. 18, s. 23.

Qualified voters.

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

Publication.

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

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

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

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

2008, c. 18, s. 23; 2009, c. 26, s. 109.

Information to management board.

468.14.5. The Minister shall inform the management board if no request is received within the time prescribed in subparagraph 3 of the second paragraph of section 468.14.4.

By-law.

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

Information by Minister.

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

2008, c. 18, s. 23.

Jurisdiction.

468.15. The management board shall have jurisdiction in the territory of the municipalities that are parties to the agreement.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

Board of directors.

468.16. The affairs of the management board are administered by a board of directors composed of delegates from the municipalities in whose territory the management board has jurisdiction.

Delegates.

The number of delegates from each municipality must be fixed in the agreement and set forth in the order of the Minister establishing the management board.

Selection.

The municipality must select each delegate from among the members of its council.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

Chairman.

468.17. At the first meeting, held within sixty days of the coming into force of the order establishing the management board, the board of directors must appoint a chairman from among its members.

Term of office.

The term of office of the chairman is one year and it may be renewed.

Duties.

The chairman presides the meetings of the board of directors and directs the discussions. He maintains order and decorum.

Meetings.

Meetings of the board of directors are public.

1979, c. 83, s. 5.

Secretary.

468.18. At the first meeting, the board of directors must also appoint the secretary and the treasurer of the management board.

Secretary.

It may appoint a secretary-treasurer to discharge both offices.

1979, c. 83, s. 5.

Quorum.

468.19. A majority of the members of the board of directors is a quorum thereof.

1979, c. 83, s. 5.

Decisions.

468.20. Decisions of the board of directors are taken by a majority of the votes.

1979, c. 83, s. 5.

Number of votes.

468.21. Each member is entitled to the number of votes fixed in the agreement and is bound to vote, unless he is prevented therefrom by reason of his interest in the matter concerned, pursuant to the Act respecting elections and referendums in municipalities (chapter E-2.2). The chairman is not bound to vote.

Tie-vote.

In case of a tie-vote, the decision is deemed to be negative.

1979, c. 83, s. 5; 1987, c. 57, s. 719.

468.22. (Repealed).

1979, c. 83, s. 5; 1987, c. 57, s. 720.

Disqualification.

468.23. A member of the board of directors ceases to form part of it if he ceases to be a member of the municipal council for which he was appointed.

Continuance in office.

However, a member of the board shall not cease to hold office at the expiry of his term as a member of the municipal council if he is reelected at the election held after the expiry of his term and if, after his reelection, he has made the required oath within the prescribed time.

1979, c. 83, s. 5; 1987, c. 57, s. 721; 1989, c. 56, s. 7.

Resignation.

468.24. The resignation of a member of the board of directors is effective from the remittance of a writing to that effect to the secretary, who shall remit it to the board of directors at the next meeting.

1979, c. 83, s. 5.

Vacancy.

468.25. Any vacancy on the board of directors must be filled within thirty days.

1979, c. 83, s. 5.

Applicable provisions.

468.26. The provisions of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) with respect to the remuneration fixed by municipal by-law, the expense allowance and the reimbursement of expenses, except the provisions relating to the minimum amount of remuneration thus fixed, apply, adapted as required, to the management board.

1979, c. 83, s. 5; 1982, c. 63, s. 137; 1996, c. 27, s. 23.

Personnel.

468.27. The board of directors shall also appoint, whenever it deems it advisable, any officer or employee it considers necessary for the operation of the management board.

1979, c. 83, s. 5; 1984, c. 38, s. 18.

Meetings.

468.28. The board of directors has its meetings at such times as it may determine by resolution.

Request.

It shall also meet at the written request of the chairman, or of one-third of its members, addressed to the secretary. The request shall mention the subject proposed for consideration.

Notice.

The notice of meeting addressed by the secretary to the members of the board of directors must be drawn up and served in the manner prescribed by a resolution of the board of directors. The request shall mention the subject proposed for consideration.

1979, c. 83, s. 5.

By-laws.

468.29. The board of directors may make by-laws for its internal management.

1979, c. 83, s. 5.

Minutes.

468.30. The minutes of the meetings drawn up by the secretary and approved by the board of directors, and the copies and extracts certified true by the secretary or by the person in charge of access to documents of the management board, are evidence of their content.

1979, c. 83, s. 5; 1987, c. 68, s. 37; 1999, c. 40, s. 51.

Books.

468.31. The registers and documents in the possession of the secretary and forming part of the records of the management board and the account books of the treasurer may be examined by any person during regular working hours.

Copies.

The person in charge of documents of the management board shall issue to any person applying therefor, copies or extracts of the documents referred to in the first paragraph.

1979, c. 83, s. 5; 1987, c. 68, s. 38.

Powers.

468.32. In the pursuit of its objects, the management board may

 (1) have a seal; and

 (2) acquire movable or immovable property by expropriation.

Acquisition outside territory.

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

1979, c. 83, s. 5; 1982, c. 63, s. 138; 1984, c. 38, s. 19; 1994, c. 33, s. 12; 1995, c. 34, s. 15; 2003, c. 19, s. 122; 2005, c. 6, s. 192.

Alienation of property.

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

2005, c. 6, s. 192.

Prohibition.

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

2005, c. 6, s. 192.

Fiscal period.

468.33. The fiscal period of the management board begins on 1 January and terminates on 31 December.

Expenses.

The expenses of the management board are charged to the municipalities in the territory of which it has jurisdiction. The expenses are apportioned in the manner prescribed in sections 468.4 to 468.6.

Subsidy.

However, the management board must reduce the contribution collected from the municipalities by any amount received as a subsidy, gift or legacy.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

Budget.

468.34. Every year, the management board must prepare a budget for the next fiscal period and submit it for adoption, before 1 October, to each municipality whose territory is under its jurisdiction.

Estimate.

It must at the same time indicate to each municipality an estimate of its financial contribution for the next fiscal period.

Adoption.

The budget must be adopted by not less than two-thirds of the municipalities. If the budget is thus adopted before 1 January, it comes into force on that date. If it has not been adopted by that date, it comes into force 15 days after its adoption by not less than two-thirds of the municipalities.

Conciliation.

Where the budget has not come into force on 1 January, one of the municipalities may apply for conciliation on that point and section 468.53 applies, with the necessary modifications. The recourse provided by section 469 cannot be exercised in that case.

1979, c. 83, s. 5; 1980, c. 11, s. 38; 1996, c. 2, s. 209; 1996, c. 27, s. 24.

Coming into force.

468.35. If the budget comes into force after 1 January, this section applies, until that coming into force, as if, at the beginning of each three-month period of the fiscal period, one quarter of the budget of the preceding fiscal period was adopted.

1979, c. 83, s. 5.

Supplementary budget.

468.36. The management board may, during a fiscal period, draw up any such supplementary budget as it deems necessary. It must submit it for adoption within 15 days to each municipality whose territory is subject to its jurisdiction.

1979, c. 83, s. 5; 1996, c. 2, s. 209.

468.36.1. The budget and the supplementary budget must be transmitted to the Minister of Municipal Affairs, Regions and Land Occupancy within 30 days of their adoption by not less than two-thirds of the municipalities in the territories of which the management board has jurisdiction.

The Minister may order that the budgets be transmitted by means of a form furnished by him for that purpose.

Upon sufficient proof that the management board is unable to draw up or transmit its budget within the prescribed time, the Minister may grant any extension of time he fixes. The budget and the supplementary budget of a management board contemplated in section 48.37 or 48.42 of the Transport Act (chapter T-12) must also be transmitted to the Minister of Transport within the time limit fixed under this section.

1985, c. 27, s. 22; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2012, c. 21, s. 5.

Loans.

468.37. The management board may, by by-law approved by the Minister of Municipal Affairs, Regions and Land Occupancy and the municipalities in the territory under its jurisdiction, contract loans by notes, bonds or other securities for purposes within its competence.

1979, c. 83, s. 5; 1984, c. 38, s. 20; 1992, c. 27, s. 8; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Notice.

468.38. Once the by-law is passed, the secretary of the board of management shall give a public notice to the taxpayers of the municipalities in the territory under the jurisdiction of the board. The notice shall be published in a newspaper distributed in the territory of the municipalities.

Notice.

The notice shall state:

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

 (2) the amount of the projected loan and the projected use of the borrowed monies;

 (3) that the taxpayers concerned by the notice have the right to oppose the approval of the by-law by the Minister of Municipal Affairs, Regions and Land Occupancy by sending their written objections to the Minister within 30 days following publication of the notice.

Copy to each corporation.

Within 15 days of the passing of the by-law, the secretary of the management board shall send a copy of it to each municipality whose territory is subject to the jurisdiction of the management board.

Approval or refusal.

No later than the second regular sitting after receiving the copy, the council of each municipality must approve or reject the by-law. If the council fails to do so, the by-law shall be deemed approved. The clerk shall send a copy of the resolution under which the council approved or rejected the by-law to the secretary of the management board.

1979, c. 83, s. 5; 1984, c. 38, s. 21; 1996, c. 2, s. 209; 1996, c. 77, s. 15; 1999, c. 43, s. 13; 2003, c. 19, s. 123, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Certified copy.

468.39. If all the municipalities have approved the by-law, the secretary of the management board shall send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy, together with every other document he may require.

Submission to voters.

Before approving the by-law, the Minister may order each municipality whose territory is under the jurisdiction of the management board to submit the by-law to the qualified voters for approval. A referendum poll must then be held in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

Information.

The secretary must provide the Minister with any information requested by him with respect to the by-law.

1979, c. 83, s. 5; 1984, c. 38, s. 22; 1987, c. 57, s. 722; 1989, c. 69, s. 1; 1992, c. 27, s. 9; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Liability.

468.40. The municipalities whose territory is subject to the jurisdiction of the board are jointly and severally liable towards the holders of bonds, notes or other debt securities issued by the board for the repayment thereof, in capital and interest.

1979, c. 83, s. 5; 1992, c. 27, s. 10; 1996, c. 2, s. 209.

Signature.

468.41. The bonds, notes or other debt securities issued by the management board must be signed by the chairman and the treasurer of the management board.

1979, c. 83, s. 5; 1992, c. 27, s. 11; 1994, c. 33, s. 13.

Signature.

468.42. A bond, note or other debt security is deemed validly signed if it bears the signatures of the chairman and of the treasurer in office on the date appearing on the security or at the time it was signed.

1979, c. 83, s. 5; 1992, c. 27, s. 12; 1994, c. 33, s. 14; 1999, c. 40, s. 51.

Signature.

468.43. Cheques issued by the management board must be signed by the chairman and the treasurer.

1979, c. 83, s. 5.

Signature.

468.44. A signature may be printed, engraved or otherwise reproduced on a bond, note, debt security or cheque.

1979, c. 83, s. 5; 1992, c. 27, s. 13.

Deficit.

468.45. Any deficit in a fiscal period must be entered under expenditures in the budget of the following fiscal period.

Surplus.

Any surplus may, subject to the rules established in an agreement entered into under section 13.1 of the Act respecting municipal industrial immovables (chapter I-0.1)

 (1) be entered under revenue in the budget of the following fiscal period,

 (2) be paid to the municipalities in whose territory the management board has jurisdiction, in the proportion determined under section 468.5,

 (3) be used for any purpose within the jurisdiction of the management board as determined by the board of directors by a majority of two-thirds of the votes cast.

1979, c. 83, s. 5; 1980, c. 11, s. 39; 1996, c. 2, s. 209; 1996, c. 27, s. 25; 1999, c. 59, s. 2.

Financial reserve.

468.45.1. The management board may, by by-law, for the benefit of all of the municipalities in whose territory it has jurisdiction, or of some of those municipalities, establish a financial reserve for any purpose within its jurisdiction for the financing of expenditures.

By-law.

The by-law must set out

 (1) the purpose for which the reserve is established;

 (2) the projected amount of the reserve;

 (3) the mode of financing of the reserve;

 (4)  in the case of a reserve of specified duration, the duration of existence of the reserve;

 (5) the allocation of the amount, if any, by which income exceeds expenditures at the end of the existence of the reserve.

Municipalities concerned.

The by-law must also indicate that the reserve is established for the benefit of all of the municipalities in whose territory the management board has jurisdiction, or of some of those municipalities, and in the latter case, specify the municipalities concerned.

Duration.

The duration of existence of a reserve must be determined, unless such determination is inconsistent with the purpose for which the reserve is established.

2000, c. 19, s. 4; 2001, c. 68, s. 12.

Sums.

468.45.2. A financial reserve shall be made up of the sums allocated to it each year and interest earned on the sums.

Origin.

The sums allocated to the reserve may derive only from surpluses in a fiscal year that are used for that purpose pursuant to subparagraph 3 of the second paragraph of section 468.45, from a contribution payable by the municipalities for whose benefit the reserve is established or from the excess amount referred to in section 244.4 of the Act respecting municipal taxation (chapter F-2.1), derived from a mode of tariffing established by the management board under section 468.47.1.

Composition of reserve.

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

2000, c. 19, s. 4; 2001, c. 68, s. 13.

Provisions applicable.

468.45.3. Sections 468.37 to 468.39 apply, adapted as required, to a by-law provided for in section 468.45.1.

Exception.

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

2000, c. 19, s. 4; 2001, c. 68, s. 14.

Expenditures.

468.45.4. All expenditures necessary for the carrying out of the purpose for which the reserve was established must have been made on or before the date on which the reserve ceases to exist.

Statement.

The treasurer must file, not later than at the last meeting of the board of directors before that time, a statement of the income and expenditures of the reserve.

Allocation.

The board of directors shall allocate the amount, if any, by which the reserve's income exceeds its expenditures in accordance with the provisions of the by-law under which the reserve was established. If there is no such provision, any amount in excess shall be paid to the municipalities for whose benefit the reserve was established, in the proportion determined under section 468.5.

2000, c. 19, s. 4; 2001, c. 68, s. 15.

Projected amount.

468.45.5. A by-law establishing a financial reserve may not provide for a projected amount that, if added to the projected amounts of reserves already established by by-law and still in existence, results in an amount exceeding the higher of

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

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

Amount not calculated.

As regards a reserve referred to in the second paragraph of section 468.45.3, the amount of such a reserve shall not enter into the calculation of the maximum amount provided for in the first paragraph.

2000, c. 19, s. 4; 2001, c. 68, s. 16.

Investment.

468.45.6. The sums allocated to a financial reserve established under section 468.45.1 must be invested in accordance with section 99.

2000, c. 19, s. 4.

“working fund”.

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

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

 (2) to order a loan; or

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

Term not exceeding 10 years.

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

Amount of the fund.

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

Investment.

Section 99 applies, with the necessary modifications, to the investment of the available moneys of the fund.

Interest and compensatory sum.

The interest on the working fund and the compensatory sum provided for in section 468.45.12 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected.

Abolition of fund.

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

2008, c. 18, s. 24.

Member of the board.

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

 (1) the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in the third paragraph of section 468.45.7;

 (2) the investment of the moneys in the fund otherwise than in the manner prescribed in the fourth paragraph of section 468.45.7; or

 (3) the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in the sixth paragraph of section 468.45.7

Disqualified.

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

Joint and several liability.

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

Proceedings for the declaration of disqualification.

Proceedings for the declaration of disqualification are taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action is taken to obtain compensation for loss or damage. Any ratepayer may exercise such recourses.

Action for declaration of disqualification.

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

2008, c. 18, s. 24.

Loan of management board.

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

2008, c. 18, s. 24.

Repayment.

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

2008, c. 18, s. 24.

Aliquot share of the municipalities.

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

Loan by-law.

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

2008, c. 18, s. 24.

Mode of apportionment of the expenditures.

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

2008, c. 18, s. 24.

Approval of by-law.

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

Presumption.

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

2008, c. 18, s. 24.

Qualified voters.

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

Publication.

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

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

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

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

2008, c. 18, s. 24; 2009, c. 26, s. 109.

Information to management board.

468.45.15. The Minister shall inform the management board if no request is received within the time prescribed in subparagraph 3 of the second paragraph of section 468.45.14.

By-law.

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

Information by Minister.

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

2008, c. 18, s. 24.

Contribution.

468.46. The payment of the contribution of each municipality may be made in one or several instalments in such a manner and at such time as may be fixed by by-law of the management board approved by all the municipalities whose territory is subject to its jurisdiction. If there is no by-law, the demand for payment is made at the beginning of every three-month period and the amount due is exigible within 30 days of the mailing of the demand by registered or certified mail. At the expiry of that time it bears interest at the rate determined under section 50 of the Act respecting municipal debts and loans (chapter D-7).

1979, c. 83, s. 5; 1988, c. 84, s. 705; 1996, c. 2, s. 209.

Payment.

468.47. Every municipality must pay its contribution

 (1) out of its general funds not otherwise allocated;

 (2) where the object of the agreement concerns only part of the territory of the municipality, by imposing a special tax in accordance with section 487; or

 (3) by contracting a loan.

1979, c. 83, s. 5; 1996, c. 2, s. 175; 1998, c. 31, s. 21.

Tariffing.

468.47.1. Subject to the regulation of the Government made under paragraph 8.2 of section 262 of the Act respecting municipal taxation (chapter F-2.1), the management board may, by by-law, provide that all or part of its property, services or activities shall be financed by means of a tariff involving a fixed amount, exigible on an ad hoc basis, in the form of a subscription or under terms similar to those of a subscription for the use of a property or service or in respect of a benefit derived from an activity.

Provisions applicable.

Sections 244.3 to 244.6 and the first paragraph of section 244.8 of the Act respecting municipal taxation apply, adapted as required, to the tariff referred to in the first paragraph.

2000, c. 19, s. 5.

Expiration.

468.48. When the agreement is terminated, the management board can no longer undertake any work. It must, however, continue to administer its day to day business until it is dissolved by the Minister of Municipal Affairs, Regions and Land Occupancy.

1979, c. 83, s. 5; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Dissolution.

468.49. If, within three months after the agreement is terminated, the municipalities that were parties thereto do not renew it or adopt a new agreement to provide for the maintaining of the management board, the latter must, within three months after the expiry of that time, apply for its dissolution to the Minister of Municipal Affairs, Regions and Land Occupancy. Notice of the application must be published in the Gazette officielle du Québec not less than 30 days before being presented to the Minister.

Declaration.

The dissolution is declared by an order of the Minister, and he apportions the assets and liabilities of the management board.

Extension.

However, if an interested person shows that, for exceptional reasons, the interest of the taxpayers would be better served if the management board were continued, the Minister may order it continued and the agreement prolonged for a period not exceeding that of the original agreement.

Notice.

Notice of the dissolution or continuance of the management board is published by the Minister in the Gazette officielle du Québec.

1979, c. 83, s. 5; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Municipality.

468.50. The management board is a municipality within the meaning of the articles of the Civil Code respecting investments presumed sound.

1979, c. 83, s. 5; 1996, c. 2, s. 209; 1999, c. 40, s. 51.

468.51. Sections 29.3, 29.5 to 29.9.2, 71 to 72.2, 73.1, 73.2, 99, 105, the first paragraph of section 105.1, sections 105.2 and 108 to 108.6, paragraphs 8 and 10 of section 464, sections 473, 477 to 477.2, 477.4 to 477.6, 544.1, 554, 555 and 564, subsection 2 of section 567, sections 573 to 573.3.4 and sections 604.6 to 604.13 of this Act, sections 22, 23, 38 to 47 and 100 of the Act respecting the Commission municipale (chapter C-35), section 22 of the Municipal Powers Act (chapter C-47.1) and sections 1, 2, 4 to 8, 12 to 44 and 50 of the Act respecting municipal debts and loans (chapter D-7), with the necessary modifications, apply to the management board.

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

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

1979, c. 83, s. 5; 1982, c. 63, s. 139; 1983, c. 57, s. 55; 1984, c. 38, s. 23; 1985, c. 27, s. 23; 1986, c. 31, s. 9; 1988, c. 84, s. 705; 1992, c. 27, s. 14; 1996, c. 27, s. 26; 1996, c. 77, s. 16; 1997, c. 53, s. 6; 1999, c. 43, s. 13; 1999, c. 59, s. 3; 2000, c. 54, s. 4; 2001, c. 25, s. 29; 2002, c. 37, s. 78; 2001, c. 26, s. 91; 2001, c. 68, s. 17; 2003, c. 19, s. 124, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 193; 2006, c. 31, s. 21; 2008, c. 18, s. 25; 2009, c. 26, s. 109; 2010, c. 1, s. 9; 2010, c. 18, s. 26; 2012, c. 11, s. 17.

Applicability of section 473.

468.51.1. Notwithstanding section 468.51, in the case of a management board contemplated in section 467.10.6 or 467.13, section 473 applies, adapted as required, but

 (1) once the program of capital expenditures is adopted it must be approved by each municipality in the territory of which the management board has jurisdiction;

 (2) a certified true copy of the program and of each resolution approving it pursuant to paragraph 1 must be transmitted by the clerk or the secretary-treasurer to the Minister of Transport not later than 31 October preceding the beginning of the first fiscal year contemplated in the program.

1985, c. 27, s. 24; 1988, c. 76, s. 2; 1996, c. 27, s. 27.

Agreement.

468.52. A management board and a municipality may enter into an agreement under which one provides services to the other or the management board is delegated jurisdiction by the municipality. Sections 468 to 468.9, 468.53 and 469, adapted as required, apply to the agreement.

Term.

The agreement is valid only for the unexpired period of the agreement under which the management board was established.

1979, c. 83, s. 5; 1980, c. 11, s. 40; 1996, c. 2, s. 209; 1997, c. 93, s. 57.

Agreement.

468.52.1. Management boards may enter into an agreement under which one management board provides services to the other or delegates part of its jurisdiction to the other, provided that the management board delegating jurisdiction is authorized to do so. That authorization must be set out in the agreement under which the management board was established, or be granted by all the municipalities that are parties to the agreement.

Validity.

An agreement under the first paragraph is valid only for the shortest of the unexpired periods of the agreements under which the management boards were established.

Provisions applicable.

Sections 468 to 468.9, 468.53 and 469, adapted as required, apply to any agreement entered into under the first paragraph.

1997, c. 93, s. 58.

(c) Miscellaneous provisions

1979, c. 83, s. 5.

Conciliation.

468.53. Where municipalities are in disagreement as to the implementation of the agreement signed by them, one of them may apply to the Minister of Municipal Affairs, Regions and Land Occupancy to have him designate a conciliator to assist them in achieving an agreement.

Notice.

Notice of that application must be given to the other party and the intermunicipal management board, if any.

Conciliator.

Upon receiving the application, the Minister appoints a conciliator.

Report.

The conciliator must make a report of his conciliation to the Minister within the time prescribed by him.

1979, c. 83, s. 5; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Municipal Commission.

469. Where the conciliator fails to bring the municipalities to an agreement, the Commission municipale du Québec, at the request of one of them, notice of which is given to the other party and to the intermunicipal management board, if any, may make the arbitration award it considers equitable after hearing the municipalities concerned and the management board and examining the report of the conciliator remitted to it by the Minister. The provisions of the Code of Civil Procedure (chapter C-25) respecting the homologation of arbitration awards apply, adapted as required, to the arbitration award of the Commission.

R. S. 1964, c. 193, s. 476; 1979, c. 83, s. 5; 1986, c. 73, s. 3; 1996, c. 2, s. 209; 1997, c. 43, s. 167.

Joining of agreement.

469.1. The parties to an agreement contemplated in this subsection may provide therein that any other municipality may join the agreement.

Conditions.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

Resolution.

A municipality, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

Approval.

A municipality which joins an agreement must transmit, for approval, a copy of the resolution and, where such is the case, a statement of the conditions not determined in the agreement, to any minister or any body that must approve the agreement.

Sending of documents.

Not less than 30 days before sending the documents provided for in the fourth paragraph, the municipality must send the same documents to each party to the agreement.

Party to the agreement.

The municipality becomes a party to the agreement once the resolution and, where such is the case, the conditions of joining not determined in the agreement have received every required approval. The agreement is then deemed amended accordingly and the Minister of Municipal Affairs, Regions and Land Occupancy may, if necessary, amend the order establishing the management board which he issued in accordance with section 468.11.

1982, c. 63, s. 140; 1994, c. 33, s. 15; 1996, c. 2, s. 176; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

§ 24. —  Guarantees

Guarantees for work.

470. The council may, by by-law, determine the guarantees to be given by any person at whose request it orders the execution of municipal work related to the erection of a new structure on the land concerned in the request.

1975, c. 66, s. 18.

§ 25. —   Repealed, 2005, c. 6, s. 194.
1992, c. 65, s. 26; 2005, c. 6, s. 194.

471. (Repealed).

R. S. 1964, c. 193, s. 477; 1992, c. 65, s. 26; 2005, c. 6, s. 194.

471.0.1. (Repealed).

1992, c. 65, s. 26; 2005, c. 6, s. 194.

471.0.2. (Repealed).

1992, c. 65, s. 26; 2005, c. 6, s. 194.

471.0.2.1. (Repealed).

1997, c. 93, s. 59; 2005, c. 6, s. 194.

§ 25.0.1. —   Repealed, 2005, c. 6, s. 194.
1992, c. 65, s. 26; 2005, c. 6, s. 194.

471.0.3. (Repealed).

1992, c. 65, s. 26; 2005, c. 6, s. 194.

471.0.4. (Repealed).

1992, c. 65, s. 26; 2005, c. 6, s. 194.

§ 25.0.2. —   Repealed, 2005, c. 6, s. 194.
1998, c. 31, s. 22; 2005, c. 6, s. 194.

471.0.5. (Repealed).

1998, c. 31, s. 22; 2000, c. 56, s. 222; 2005, c. 6, s. 194.

471.0.6. (Repealed).

1998, c. 31, s. 22; 2005, c. 6, s. 194.

§ 25.0.3. —   Repealed, 2005, c. 6, s. 194.
1998, c. 31, s. 22; 2005, c. 6, s. 194.

471.0.7. (Repealed).

1998, c. 31, s. 22; 2005, c. 6, s. 194.

§ 25.1. —  Twinning of municipalities
1979, c. 36, s. 85.

Twinning of municipalities.

471.1. The council may by by-law authorize the making of agreements, on such conditions as it determines, for the twinning of the municipality with another municipality whose territory is situated in Québec or elsewhere.

1979, c. 36, s. 85; 1996, c. 2, s. 177.

§ 26. —  Census

Census.

472. The council may make by-laws to take a census of the inhabitants of the territory of the municipality, for the purpose of ascertaining their number, and of obtaining statistics regarding their social and economic condition.

R. S. 1964, c. 193, s. 478; 1996, c. 2, s. 178.

§ 27. —  Municipal finances

Program of capital expenditures.

473.  (1) The council shall, not later than 31 December each year, by resolution, adopt the program of the capital expenditures of the municipality for the next three fiscal years.

Content.

 (2) This program shall be divided into annual phases. It shall describe, in respect of the period coincident therewith, the object, the amount and the mode of financing of the capital expenditures that each body plans to incur for which the financing period exceeds 12 months.

 (3) (Subsection repealed).

Provisions applicable.

 (4) To the extent that they are consistent with this section, the provisions governing a municipality which has an executive committee or a director general, or both, and applicable to the procedure prior to the adoption of the budget of such municipality also apply, with the necessary modifications, to the procedure prior to the adoption of its program of capital expenditures.

Multi-annual program of capital expenditures replaced.

 (5) This section replaces every provision of a special Act by which any multi-annual program of capital expenditures and amendments thereto are subject to the approvals required for a loan by-law of a municipality.

Ville de Québec.
Ville de Québec must adopt the program of its capital expenditures not later than 20 December.

Program of capital expenditures of transit authority.

 (6) The council of a municipality to which, according to law, the budget of a transit authority is submitted, must also adopt the program of capital expenditures of such authority.

Provisions applicable.
Where such is the case, the provisions of this section apply, with the necessary modifications, and the provisions applicable to the procedure prior to the adoption of the budget of such transit authority also apply, in the same manner, to the procedure prior to the adoption of the program of its capital expenditures, to the extent that they are consistent with this section.

1977, c. 52, s. 15; 1979, c. 22, s. 63; 1983, c. 57, s. 168; 1993, c. 67, s. 109; 1995, c. 34, s. 16; 1996, c. 2, s. 179; 2000, c. 56, s. 117.

Adoption of the budget.

474.  (1) Between 15 November and 31 December, the council shall prepare and adopt the budget of the municipality for the next fiscal year and provide therein for revenues at least equal to the expenditures provided for therein. However, during a year in which a general election is held in the municipality, the period is extended until 31 January of the following year.

Document attached to budget.

 (2) The Minister of Municipal Affairs, Regions and Land Occupancy may prescribe the content of a document that is to be certified by the treasurer or, as the case may be, the director of finance, which must be attached permanently to the budget of the municipality on its tabling.

Form.
The document contemplated in the preceding paragraph must be drawn up in the form prescribed by the Minister.

Transmission to the Minister.

 (3) The budget of the municipality must be transmitted to the Minister of Municipal Affairs, Regions and Land Occupancy within 60 days of its adoption by the council.

Form.
The Minister may order that such filing shall be on the form provided by him for that purpose.

Extension.
The Minister, of his own motion, may extend the time allowed by this section to such date as he may fix, for all municipalities or any category of municipalities.

Fixing of date.
If it is unable to adopt the budget within the prescribed time, the council shall fix the date of the sitting at which the budget is to be adopted so that the obligation set out in the first paragraph of section 474.2 is respected. As soon as possible after the passing of the resolution by which the council fixes that date, the clerk shall transmit a certified copy thereof to the Minister.

Adoption.
If, on 1 January, the budget is not adopted, 1/12 of each appropriation provided for in the budget of the preceding fiscal year is deemed to be adopted. The same rule applies at the beginning of each subsequent month if, at that time, the budget has not yet been adopted.

Applicable provisions.

 (4) Subsection 1 applies to every municipality governed by this Act, even if a provision of its charter that came into force before 15 December 1977 repeals, replaces or amends, directly or indirectly, that subsection. However, subject to section 3, only the requirement under subsection 1 of providing for a budget containing revenues at least equal to expenditures applies to Ville de Laval.

R. S. 1964, c. 193, s. 479; 1968, c. 55, s. 130; 1975, c. 66, s. 19; 1977, c. 52, s. 15; 1979, c. 72, s. 307; 1984, c. 38, s. 24; 1985, c. 27, s. 25; 1995, c. 34, s. 17; 1996, c. 2, s. 180; 1999, c. 43, s. 13; 2000, c. 56, s. 118; 2003, c. 19, s. 125, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 21, s. 109.

474.0.1. Subject to section 474.0.2.1, the budget of any municipality having a population of 50,000 or over must include an appropriation to provide for payment of sums to councillors as reimbursement for their research and support expenses.

Subject to the third paragraph, the appropriation must be equal to or greater than 1/15 of 1% of the total of all other appropriations provided for in the budget, except in the case of Ville de Montréal where such an appropriation must be equal to 1/30 of 1% of the total of all other appropriations provided for in the budget.

Where the budget of the municipality provides for appropriations for expenses related to the operation of a system of production, transmission or distribution of electric power, 50% only of those appropriations shall be taken into account in establishing the total of the appropriations referred to in the second paragraph.

A regulation of the Minister of Municipal Affairs, Regions and Land Occupancy determines which research and support expenses are covered under the first paragraph.

2001, c. 25, s. 30; 2001, c. 68, s. 18; 2008, c. 19, s. 12; 2012, c. 21, s. 6.

Amount of sums.

474.0.2. The amount of the sums referred to in the first paragraph of section 474.0.1 is established by dividing the appropriation equally among all the councillors.

Ville de Montréal.

However, in the case of Ville de Montréal, the appropriation shall be divided into a number of shares corresponding to the total obtained by adding twice the number of city councillors to the number of borough councillors. Two shares shall be assigned to each city councillor and one share to each borough councillor.

Authorized party.

The sums established for a councillor who is a member of an authorized party on 1 January of the fiscal year covered by the budget shall be assigned to that party.

2001, c. 25, s. 30.

474.0.2.1. In the case of the urban agglomeration of Montréal, the part of the central municipality's budget under the responsibility of the urban agglomeration council must include an appropriation to provide for payment of sums to the members of that council, except the mayor of the central municipality, as reimbursement for research and support expenses that comply with the regulation made under section 474.0.1.

The appropriation must be equal to or greater than 1/60 of 1% of the total of all other appropriations provided for in that part of the budget.

The amount of the sums referred to in the first paragraph is established by dividing the appropriation equally among all the members of the urban agglomeration council, except the mayor of the central municipality.

The sums established for a member of the urban agglomeration council who is a councillor on the regular council of the central municipality and who is a member of an authorized party on 1 January of the fiscal year covered by the budget are assigned to that party.

The sums established under section 474.0.2 for a councillor of the regular council of the central municipality who is a member of the urban agglomeration council must be reduced by the sums established for the member under this section, and the budget of the central municipality must be adjusted to reflect that reduction.

2008, c. 19, s. 13; 2012, c. 21, s. 7.

474.0.3. An authorized party or a councillor, or, if applicable, a member of the urban agglomeration council of Montréal other than the mayor of the central municipality, is entitled to reimbursement by the municipality of expenses made or incurred for research or support purposes, up to the amount of the sums assigned to the authorized party or the councillor, on presentation of vouchers the minimum content of which is, subject to the regulation made under section 474.0.4.1, determined by the council.

In the case of an authorized party, the vouchers must be approved by the leader or, if the leader is not a member of the council, by such a member authorized in writing by the party to do so.

2001, c. 25, s. 30; 2008, c. 19, s. 14; 2012, c. 21, s. 8.

474.0.4. The budget of Ville de Montréal and of Ville de Québec must include an appropriation to provide for payment of an allowance as reimbursement for expenses incurred for the day-to-day administration of every authorized party, for the propagation of the political program of the party and for the coordination of the political action of its members.

The appropriation must be equal to the product obtained by multiplying $0.35 by the number of electors whose names are entered on the list of electors prepared for the last general election.

The amount of the allowance is established by dividing the appropriation among the authorized parties in proportion to the percentage that the number of votes validly obtained by all the candidates of each authorized party at the last general election is of the total number of votes validly obtained by all the candidates of all the authorized parties.

The allowance shall be paid by the treasurer to the official representative of the authorized party, at the rate of 1/12 of the allowance per month, on presentation of vouchers the minimum content of which is determined by the treasurer, subject to the regulation made under section 474.0.4.1.

2001, c. 25, s. 30; 2005, c. 28, s. 52; 2012, c. 21, s. 9.

474.0.4.1. The Minister may, by regulation, prescribe any rule relating to the content of the vouchers required under sections 474.0.3 and 474.0.4.

2012, c. 21, s. 10.

Authorized party.

474.0.5. For the purposes of sections 474.0.2 to 474.0.4, a party is authorized if it holds an authorization granted under the Act respecting elections and referendums in municipalities (chapter E-2.2) that is valid for the municipality.

2001, c. 25, s. 30.

Report.

474.1. At least four weeks before the budget is tabled before the council for adoption, the mayor, at a sitting of the council, shall make a report of the financial position of the municipality.

Content.

The mayor deals with the latest financial statements, the external auditor's latest report, the chief auditor's latest report, where applicable, and the latest three-year program of capital expenditures, the preliminary information regarding the financial statements for the period preceding that for which the next budget will be made, and the general orientation of the next budget and the next three-year program of capital expenditures.

List of contracts.

The mayor shall also table a list of all contracts involving an expenditure exceeding $25,000 entered into by the municipality since the last sitting of the council at which the mayor made a report on the financial position of the municipality in accordance with the first paragraph.

List of contracts.

The mayor shall also table a list of all contracts involving an expenditure exceeding $2,000 entered into within that period with the same contracting party, if those contracts involve a total expenditure exceeding $25,000.

Date of contracts.

The list shall indicate, for each contract, the name of each contracting party, the amount of the consideration and the object of the contract.

Distribution.

The text of the mayor's report must be distributed free of charge to every civic address in the territory of the municipality. In addition to or in lieu of this distribution, the council may order that the text be published in a newspaper circulated in the territory of the municipality.

1980, c. 16, s. 81; 1996, c. 2, s. 210; 1997, c. 93, s. 60; 1998, c. 31, s. 23; 2001, c. 25, s. 31.

Public notice.

474.2. At least eight days before the sitting at which the budget or the three-year program of capital expenditures is to be adopted, the clerk must give public notice thereof.

Deliberations.

At that sitting, the deliberations of the council and the question period must deal exclusively with the budget or the three-year program.

1980, c. 16, s. 81.

Distribution.

474.3. The budget or the three-year program adopted, or an explanatory document thereof, must be distributed free of charge to every civic address in the territory of the municipality. In addition to or in lieu of this distribution, the council may order that the budget or the three-year program, or the explanatory document, be published in a newspaper circulated in the territory of the municipality.

Explanatory document.

For the purposes of the first paragraph, the explanatory document of the budget is that provided for in paragraph 8 of section 263 of the Act respecting municipal taxation (chapter F-2.1).

1980, c. 16, s. 81; 1996, c. 2, s. 210.

Payment assured.

474.3.1. The executive committee of a municipality with a population of 100,000 or more may revise the budget of the municipality to take into account sums donated for a specific purpose or provided by a subsidy from the Government, a minister or a government body that has already been paid or the payment of which is assured.

Transmission.

The resolution of the executive committee revising the budget must be transmitted to the Minister of Municipal Affairs, Regions and Land Occupancy within 30 days following its adoption.

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

Supplementary budget.

474.4. The council may prepare and adopt a supplementary budget to make up any anticipated deficit.

1980, c. 16, s. 81; 1984, c. 38, s. 25.

Transmission to the Minister.

474.5. The supplementary budget is prepared, adopted and transmitted in accordance with sections 474, 474.2 and 474.3, adapted as required.

1984, c. 38, s. 25; 1985, c. 27, s. 26.

Special tax.

474.6. The council shall adopt with the supplementary budget a by-law imposing a special tax on all taxable immovables in the territory of the municipality, on the basis of their value, to raise the revenues provided for in the supplementary budget.

Special tax account.

A special tax account in respect only of the special tax and identifying it as a consequence of the supplementary budget must be sent at least 30 days before the end of the fiscal year. If it is impossible to comply within the prescribed time, the council is not authorized to adopt a supplementary budget.

1984, c. 38, s. 25; 1996, c. 2, s. 181.

Anticipated deficit.

474.7. If, in the case of an anticipated deficit, the council does not adopt a supplementary budget, it shall enter the deficit on the budget for the next fiscal year unless it provides that the deficit will be consolidated during the next fiscal year by a loan by-law.

1984, c. 38, s. 25.

474.8. (Repealed).

1984, c. 38, s. 25; 1996, c. 2, s. 182; 1997, c. 93, s. 61; 2000, c. 56, s. 119; 2001, c. 25, s. 32.

475. (Repealed).

1970, c. 46, s. 1; 1977, c. 5, s. 14; 1982, c. 63, s. 141.

General funds.

476.  (1) All sums of money not especially appropriated shall form part of the general funds of the municipality.

Disposal of unused grant.

 (2) Any grant made to a municipality and not specially appropriated by the by-law ordering the works or the expenditure may be paid in whole or in part into the general funds of the municipality.

Surplus.

 (3) Saving the case provided in section 7 of the Act respecting municipal debts and loans (chapter D-7), whenever the municipality has collected a sum exceeding the sum required for the purposes for which such sum was raised, the surplus shall belong to the municipality and shall fall into the general funds thereof.

Use of general funds.

 (4) All sums of money, forming part of the general funds of the municipality, may be employed for any purpose within the jurisdiction of the council.

R. S. 1964, c. 193, s. 480; 1988, c. 84, s. 705.

Special tax.

476.1. If the council decides to use moneys from the general fund to pay a capital expenditure incurred for the benefit of a specific sector of the territory of the municipality, it may decide to reimburse the fund by means of either a special tax imposed on all the taxable immovables situated in the sector or compensation payable by the owners or occupants of those immovables.

By-law.

In such a case, the council shall authorize the use of the moneys by a by-law that specifies the amount of the moneys used and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed the useful life of the property that the moneys enable the municipality to acquire, repair, restore or build, and must impose a special tax on all the taxable immovables situated in the sector or require compensation from the owners or occupants of those immovables.

2008, c. 18, s. 26.

Tax or compensation.

476.2. The tax imposed or compensation required must provide for the repayment of the moneys used and the payment of a compensatory amount that may be determined by resolution and must be equal to the interest that would be payable if the municipality, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the municipality, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 26.

Instalment.

476.3. If the by-law imposes a special tax that is not based on the value of the immovable, the by-law may provide that the ratepayer on whose immovable the tax is imposed may, on the conditions set out in the by-law, exempt the immovable from the tax by paying in one instalment the portion of the principal that, upon maturity of the loan, would have been provided by the tax imposed on that immovable. If the by-law requires compensation, it may provide that the owner or occupant from whom compensation is required may obtain an exemption in the same manner, with the necessary modifications.

Calculation of share.

The share payable is calculated, in the case of a property tax, according to the assessment roll in force at the time the ratepayer makes the payment, taking into account any taxes paid under the by-law before the payment. In the case of compensation, the share is calculated according to the apportionment provided for in the by-law, as it applies at the time of the payment.

Reduced amount.

The amount of the moneys to be provided by the tax or compensation is reduced by the amount of any sum paid under this section.

Exemption.

The payment exempts the immovable from the special tax or the owner or occupant from the compensation for the remainder of the term of repayment specified in the by-law.

2008, c. 18, s. 26.

Approval.

476.4. The by-law is subject to the approval of the qualified voters of the sector.

Municipality of 100,000 or more inhabitants.

However, a by-law adopted by the council of a municipality of 100,000 or more inhabitants is not subject to such approval when it authorizes the use of moneys for an expenditure and a loan by-law for that type of expenditure would have been exempted from such approval.

2008, c. 18, s. 26.

Finance by-laws.

477. The council may adopt by-laws relating to the administration of municipal finances.

Budget control.

However, to ensure the sound administration of those finances, it must adopt a budget control and monitoring by-law that provides in particular for a means to guarantee the availability of funds before any decision authorizing an expenditure is made; the means may vary depending on the authority authorizing the expenditures or on the type of expenditures proposed.

R. S. 1964, c. 193, s. 481; 2006, c. 31, s. 22.

Authorization of expenditure.

477.1. A by-law or a resolution of the council authorizing an expenditure has no effect unless, in accordance with a by-law adopted under the second paragraph of section 477, funds are available for the purposes for which the expenditure is proposed.

Treasurer's certificate.

Where a special Act or a charter empowers the executive committee of a municipality to authorize an expenditure, the first paragraph applies to any resolution of the committee to that effect.

1979, c. 36, s. 86; 1984, c. 38, s. 26; 1996, c. 2, s. 209; 1999, c. 59, s. 4; 2002, c. 37, s. 79; 2006, c. 31, s. 23.

Delegation of power.

477.2. The council may, by by-law, delegate to any officer or employee of the municipality the power to authorize the spending of money and make contracts therefor in the name of the municipality.

By-law.

Every by-law under the first paragraph shall indicate

 (1) the area of competence to which the delegation applies;

 (2) the amount of the spending the officer or employee may authorize;

 (3) the other conditions to which the delegation is subject.

Awarding of contracts.

The rules governing the awarding of contracts by the municipality apply, adapted as required, to a contract awarded under this section. Where, however, the authorization of the Minister of Municipal Affairs, Regions and Land Occupancy is required for awarding a contract to a person other than the person who made the lowest tender, only the council may apply for the authorization of the Minister.

Authorization of expenditures.

An authorization of expenditures granted under a delegation has no effect unless, in accordance with a by-law adopted under the second paragraph of section 477, funds are available for that purpose.

Report to the council.

The officer or employee who grants an authorization of expenditures shall indicate it in a report that he shall submit to the council at the next regular sitting held after the expiry of a 25-day period following the authorization.

Authorization of expenditure.

Where the executive committee is empowered to authorize an expenditure under a special Act or a charter, the first five paragraphs, adapted as follows, apply to the executive committee:

 (1) (subparagraph repealed);

 (2) the application for authorization referred to in the third paragraph is made by the executive committee;

 (3) the report mentioned in the fifth paragraph must be transmitted to the executive committee within 25 days following the authorization.

1984, c. 38, s. 26; 1996, c. 2, s. 209; 1997, c. 93, s. 62; 1999, c. 43, s. 13; 2002, c. 37, s. 80; 2003, c. 19, s. 250; 2005, c. 28, s. 53, s. 196; 2006, c. 31, s. 24; 2009, c. 26, s. 109.

Contracts over $25,000.

477.3. Where the executive committee is authorized to enter into contracts on behalf of the municipality under a provision of a special Act or a charter, or following a delegation permitted under such a provision, the executive committee shall table before the council each month a list of all contracts involving an expenditure exceeding $25,000 it entered into in the preceding month.

Contracts over $2,000.

The executive committee shall also table a list of all contracts involving an expenditure exceeding $2,000 entered into by the executive committee since the beginning of the fiscal year with the same contracting party if those contracts involve a total expenditure exceeding the applicable amount under the first paragraph. The executive committee shall, after such tabling and until the end of the fiscal year, table each month a list of all contracts involving an expenditure exceeding $2,000 it entered into with the same contracting party in the preceding month.

Contracts made under delegated powers.

The executive committee shall also table a list of the contracts referred to in the first and second paragraphs but entered into by an officer or employee to whom the executive committee delegated its power to enter into contracts.

Content.

The list shall indicate, for each contract, the name of the contracting party, the amount of the consideration and the object of the contract.

2002, c. 37, s. 81.

Estimate by the municipality,

477.4. If a contract involves an expenditure of $100,000 or more, the municipality must establish an estimate of the price before any tenders are opened or the contract is entered into.

2010, c. 1, s. 10.

List on the internet.

477.5. Every municipality must publish and keep up to date, on the internet, a list of the contracts it enters into that involve an expenditure of $25,000 or more. However, employment contracts need not be included in the list.

Information and updating.

The list must be updated at least once a month. It must contain, in respect of each contract, the following information:

 (1) if the contract involves an expenditure of $100,000 or more, the price of the contract as estimated by the municipality in accordance with section 477.4;

 (2) the price of the contract, the name of the person with whom it was entered into and, if the contract contains a renewal option, the total expenditure that would be incurred if all the options were exercised; and

 (3) the object of the contract.

Additional information.

If the contract is subject to a rule governing the awarding of contracts set out in section 573 or 573.1 or in the regulation made under section 573.3.0.1 or 573.3.1.1, the list must also contain

 (1) the name of each tenderer;

 (2) the amount of each tender; and

 (3) the identification of any tender, lower than the accepted tender, that was considered non-compliant.

Contract by mutual agreement.

If the contract is entered into by mutual agreement, the list must mention, if applicable, the legislative provision or the provision of the regulation made under section 573.3.0.1 under which the contract could be awarded without a call for tenders.

Total expenditure.

In all cases, the list must also state, as soon as possible after the execution of the contract, the total expenditure actually incurred.

Minimum posting period.

The information required under the second, third, fourth and fifth paragraphs with respect to a contract must remain on the Internet for at least three years after the date on which the information required under the fifth paragraph is posted.

2010, c. 1, s. 10; 2010, c. 18, s. 27; 2010, c. 42, s. 3.

Electronic tendering system.

477.6. The list described in section 477.5 must be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1).

Municipality's website.

The municipality must also permanently post on its website a statement concerning the publication requirement under the first paragraph and a hyperlink to the list. If the municipality does not have a website, the statement and the hyperlink must be posted on the website of the regional county municipality whose territory comprises that of the municipality or, if the regional county municipality does not have a website, on another website of which the municipality shall give public notice of the address at least once a year.

2010, c. 1, s. 10; 2010, c. 18, s. 28.

477.7. (Repealed).

2010, c. 1, s. 10; 2010, c. 18, s. 29.

Receiving revenues.

478. All fees, licences, fines, revenues, and taxes, accruing or belonging to the municipality, shall be paid to and received by the treasurer alone, or by the officers or employees designated by him for that purpose; and no other officer or employee shall, under any pretext, receive them, unless specially authorized by the council so to do.

R. S. 1964, c. 193, s. 482; 1968, c. 55, s. 5.

Refused cheque.

478.1. Where a cheque or other order of payment is received by the municipality and payment thereof is refused by the drawee, an administrative charge, the amount of which shall be fixed by by-law of the council, may be claimed from the drawer of the cheque or order.

1985, c. 27, s. 27; 1996, c. 27, s. 28.

Fiscal year.

479. The fiscal year of the municipality shall begin on 1 January and end on 31 December of each year, and the taxes and yearly assessments shall be payable, subject to Division IV of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes, at the dates determined by the council.

Applicable provisions.

The first paragraph applies to every municipality governed by this Act, even if a provision of its charter that came into force before 15 December 1977 repeals, replaces or amends, directly or indirectly, that paragraph. However, subject to section 3, the first paragraph does not apply to Ville de Laval.

R. S. 1964, c. 193, s. 483; 1989, c. 68, s. 9; 1996, c. 2, s. 183.

§ 28. —  Taxes and Licences

I. —  General Provisions

Additional levy.

480. The council may, by resolution, whenever it sees fit, instruct the treasurer or any other officer or employee of the municipality to add to the amount of any taxes to be levied on taxable property in the territory of the municipality, a sum of not more than 10%, to cover losses, costs and bad debts.

R. S. 1964, c. 193, s. 516; 1968, c. 55, s. 5; 1996, c. 2, s. 210.

Interest on taxes.

481. Taxes shall bear interest, at the rate of 5% per annum, from maturity, without its being for such purpose necessary that a special demand for payment be made.

No remission.

Subject to section 542, neither the municipal council nor the officers or employees of the municipality may remit any taxes or the interest thereon.

Different rate.

The council, as often as it considers it expedient, may, by resolution, prescribe a rate of interest different from the rate provided in the first paragraph. The rate also applies to all debts unpaid before the passing of the resolution. The resolution of the council shall remain in force until it is repealed.

Indication on account.

The tax account shall indicate clearly the rate of interest in force at the time of its sending.

Discount.

The council may also, by resolution, grant a discount to every ratepayer who pays his taxes before they are due.

R. S. 1964, c. 193, s. 517; 1968, c. 53, s. 3; 1968, c. 55, s. 5; 1975, c. 66, s. 20; 1985, c. 27, s. 28; 1996, c. 2, s. 184; 1996, c. 27, s. 29; 2000, c. 56, s. 225.

481.1. (Repealed).

1982, c. 63, s. 142; 1985, c. 27, s. 29.

482. (Repealed).

R. S. 1964, c. 193, s. 518; 1968, c. 55, s. 136; 1979, c. 36, s. 87; 1992, c. 57, s. 471; 1994, c. 30, s. 89; 1999, c. 40, s. 51; 2005, c. 6, s. 194.

Prior claim.

482.1. The claims of the municipality for taxes other than property taxes, of any nature whatsoever, are considered to be a prior claim on the immovables or movables by reason of which they are payable, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code; they are secured by a legal hypothec on the immovables or on the movables, as the case may be. In addition to being a prior claim within the meaning of that paragraph, a property tax is secured by a legal hypothec on the immovable subject to the tax.

Presumption.

For the purposes of the first paragraph, any personal tax imposed by reason of an activity carried on in a place is deemed to be a tax payable by reason of the movable property of the debtor located in the place at any time throughout the period during which the tax remains payable.

1994, c. 30, s. 90; 1999, c. 40, s. 51.

Registration.

482.2. Registration by the municipality of a legal movable or immovable hypothec does not prevent it from exercising its prior claim.

1994, c. 30, s. 90.

Application.

482.3. A creditor who takes procedures in execution or who, as holder of a movable or immovable hypothec, has registered a prior notice of his intention to exercise his hypothecary rights, may apply to the municipality to declare the amount of its prior claim. The application shall be registered and proof of notification shall be filed in the registry office.

Declaration.

Within 30 days following the notification, the municipality shall declare the amount of its claim and enter it in the appropriate register; such a declaration does not have the effect of limiting the priority of the municipality's claim to the amount entered.

Notice.

An application for registration, in the land register, of the application for declaration and of the declaration shall be made in the form of a notice. In addition to the provisions of this section and the requirements of the regulation made under Book IX of the Civil Code, the notice shall indicate the legislative provision under which it is given, the name of the debtor and the name of the municipality; the notice need not be attested and a single copy only need be presented.

1994, c. 30, s. 90.

483. (Repealed).

1974, c. 45, s. 10; 1979, c. 51, s. 260.

Prescription.

484. Arrears of municipal taxes shall be prescribed by three years.

Application.

An application to the court for the recovery of a property tax filed before the tax is prescribed and served, not later than 60 days after the expiry of the prescription period, on any of the persons from whom the payment may be claimed under section 498, shall interrupt prescription with respect to all such persons.

R. S. 1964, c. 193, s. 519; 1996, c. 27, s. 30; 1999, c. 40, s. 51.

II. —  Imposition of Taxes

Real estate tax.

485. Subject to the Act respecting municipal taxation (chapter F-2.1), the council may impose and levy annually on all taxable immovables in the territory of the municipality a tax based on their value as shown on the assessment roll.

R. S. 1964, c. 193, s. 521; 1975, c. 66, s. 21; 1979, c. 72, s. 308; 1996, c. 2, s. 210.

486. (Repealed).

1977, c. 52, s. 16; 1979, c. 72, s. 490; 1980, c. 34, s. 4; 1986, c. 31, s. 10; 1991, c. 29, s. 4; 1993, c. 43, s. 15; 1993, c. 78, s. 16; 1996, c. 2, s. 185; 1999, c. 40, s. 51; 2000, c. 54, s. 5; 2000, c. 56, s. 120; 2004, c. 20, s. 99.

Special tax.

487. Notwithstanding any legislative provision inconsistent herewith contained in this Act or in the charter of a municipality governed in part by this Act, the council may impose the special tax for the payment of municipal works of any kind, including works of maintenance, according to either the municipal valuation or the area or the frontage of the taxable property subject to such tax. In the case of lots that are situated at a street corner or are not rectangular, the council may fix the frontage for assessment purposes, in the manner it sees fit.

Imputation of costs.

The council may also charge the cost of such works

 (1) to the municipality;

 (2) to the ratepayers of part of the territory of the municipality;

 (3) to the ratepayers benefiting from the works when they are carried out in any part of the territory of the municipality designated as its “centre” under a special planning program.

Combination.

The council may combine the alternatives provided for in the second paragraph in the proportions it determines.

Identification of immovables.

In the case contemplated in subparagraph 3 of the second paragraph, the council must identify the immovables of those who benefit from the works or provide one or more criteria allowing to identify them.

Professional fees.

This section applies for the purposes of the payment of professional fees related to the works contemplated, whether or not they were carried out.

R. S. 1964, c. 193, s. 522; 1979, c. 36, s. 88; 1982, c. 63, s. 143; 1985, c. 27, s. 30; 1996, c. 2, s. 186; 1999, c. 40, s. 51.

Special tax.

487.1. Where, for the same fiscal year, a municipality imposes a special tax based on taxable value on all the immovables situated in its territory and, pursuant to section 244.29 of the Act respecting municipal taxation (chapter F-2.1), fixes specific rates for the general property tax on certain categories of immovables, it may fix specific rates for the special tax on the same categories.

Proportions between the tax rates.

In that case, the proportions between the different special tax rates must correspond to the proportions between the different general property tax rates. If the municipality avails itself of the power provided for in section 244.49.1 of the Act respecting municipal taxation, the proportions between the theoretical specific rates in that section are taken into account.

Application.

The following provisions apply, with the necessary modifications, in respect of the special tax imposed at different rates:

 (1) the provisions of subdivisions 4 and 5 of Division III.4 of Chapter XVIII of the Act respecting municipal taxation;

 (2) the provisions of the regulation made under paragraph 2 of section 263 of the Act respecting municipal taxation (chapter F-2.1) that pertain to the general property tax imposed at different rates;

 (3) any other provision of an Act or statutory instrument that pertains to the legal effects of imposing the general property tax at different rates, in particular for the purpose of defining the property taxation specific to the non-residential sector.

2003, c. 19, s. 127; 2006, c. 31, s. 25.

Special tax applicable in the sector.

487.2. Any municipality resulting from an amalgamation which, under its charter, must finance expenditures from revenues derived exclusively from the whole territory, designated as a “sector”, of a municipality that ceased to exist on amalgamation may obtain those revenues by imposing a special tax based on taxable value on all the taxable immovables situated in the sector, annually or for several years upon the borrowing of money.

Power.

Where, for the same fiscal year and in the same sector, the municipality imposes such a special tax and, pursuant to section 244.29 of the Act respecting municipal taxation (chapter F-2.1), fixes specific rates for the general property tax on certain categories of immovables, it may avail itself of the power provided for in section 487.1. That section applies in such a case, with the necessary modifications, particularly the modification whereby only the specific rates of the general property tax applicable in the sector are taken into account.

Revenues not reserved.

Imposing the special tax does not deprive the municipality of the power conferred on it by its charter to use revenues from the sector that are not reserved for other purposes to finance the same expenditures. However, the revenues so used must not be derived from another tax, except the tax provided for in section 487.3.

Obligation.

The municipality may not impose the special tax in a sector without doing likewise in all the other sectors where the obligation provided for in its charter to finance expenditures by revenues derived exclusively from the whole territory of the sector continues to apply. As long as the obligation continues to apply in a sector, the municipality may not, after imposing the special tax in the sector for a fiscal year, cease to impose the tax for the following fiscal year.

2003, c. 19, s. 127.

Business establishments.

487.3. Where, for the same fiscal year, a municipality imposes the business tax provided for in section 232 of the Act respecting municipal taxation (chapter F-2.1) and a special tax at different rates under section 487.1 or 487.2, it must also impose a special tax on the occupants of business establishments situated in its territory or in the sector within the meaning of section 487.2, as the case may be, based on the rental value of the business establishments, for the purpose of financing the same expenditures as the special tax for the same fiscal year.

Proportion of revenues.

The rate of the special tax imposed under the first paragraph must be fixed in such a way that the proportion of the revenues derived from the special tax to those derived from the special tax imposed under section 487.1 or 487.2 is the same as the proportion of the revenues derived from the business tax to those derived from the general property tax.

Amounts in lieu of taxes.

For the purposes of the second paragraph, the revenues considered are those which, according to the budget established for the fiscal year, must be derived from the territory of the municipality or the sector, as the case may be, for each of the four taxes concerned. The amounts to stand in lieu of taxes that must be paid by the Government in accordance with the second paragraph of section 210, section 254 or the first paragraph of section 255 of the Act respecting municipal taxation, or by the Crown in right of Canada or one of its mandataries are deemed to be tax-generated revenues.

Provisions applicable.

The following provisions apply, with the necessary modifications, as regards the special tax imposed under the first paragraph:

 (1) the provisions of Division III of Chapter XVIII of the Act respecting municipal taxation;

 (2) the provisions of the regulation made under paragraph 2 of section 263 of the Act respecting municipal taxation that pertain to the business tax;

 (3) any other provision of an Act or statutory instrument that pertains to the legal effects of imposing the business tax.

2003, c. 19, s. 127; 2006, c. 31, s. 26.

Prohibition.

487.4. The fact that a special tax has the same characteristics as the general property tax or the business tax, particularly with respect to the debtor, the tax base and the basis for the tax, does not justify the integration of the data relating to the special tax with the data relating to the general property tax or the business tax in any document produced by or under the responsibility of the municipality.

2003, c. 19, s. 127.

General or special tax.

488. Any municipality on the territory of which a public transit authority has jurisdiction pursuant to the Act respecting public transit authorities (chapter S-30.01) may, for the purpose of payment of the sums owed by it to such transit authority, impose a general or special tax based on the taxable property valuation.

1977, c. 64, s. 117; 1999, c. 40, s. 51; 2005, c. 50, s. 12.

Insufficient loan.

488.1. Where the loan ordered by by-law is insufficient to cover the cost of carrying out the object of the by-law, the municipality shall allocate for that purpose the missing amount out of the general fund.

Special tax.

Where the tax imposed to reimburse the loan is to be borne by part only of the owners of taxable immovables in the territory of the municipality, the council may, by by-law, impose a special tax on those immovables to pay into the general fund a sum equal to the sum withdrawn under the first paragraph. The tax may be imposed in respect of a period not exceeding the term of repayment of the loan.

Applicability.

Where the tax imposed to reimburse the loan is to be borne by both the municipality and by part only of the owners of taxable immovables in the territory of the municipality, the second paragraph applies except that the council shall

 (1) take into account the cause of the insufficiency of funds in apportioning the tax imposed to reimburse the loan;

 (2) comply with the proportion fixed for the apportionment of the tax, subject to paragraph 1.

1984, c. 38, s. 27; 1996, c. 2, s. 187.

Loan by-law.

488.2. If, in the case contemplated in section 488.1, no excess expenditure has yet been incurred, the municipality may also pass a loan by-law to raise the missing amount.

1984, c. 38, s. 27; 1996, c. 2, s. 209.

Special tax.

489. Any municipality may impose, in accordance with section 487, a special tax for the purposes of paying:

 (1) sums the payment of which is imposed on it by an order made under section 35 or 61 of the Environment Quality Act (chapter Q-2); or

 (2) sums claimed under section 113 of the said Act;

 (3) (paragraph repealed).

R. S. 1964, c. 193, s. 525; 1971, c. 50, s. 120; 1979, c. 72, s. 309; 1982, c. 63, s. 144; 2011, c. 16, s. 231.

490. (Repealed).

R. S. 1964, c. 193, s. 526; 1979, c. 72, s. 310.

491. (Repealed).

R. S. 1964, c. 193, s. 527; 1968, c. 53, s. 4; 1969, c. 55, s. 25; 1971, c. 50, s. 120; 1971, c. 55, s. 6; 1979, c. 72, s. 311.

Suit for duties.

492. Although the by-law of the council ordering the imposition and levying of certain duties or taxes, in the form of a licence, enacts that failure to pay the said fines or taxes shall constitute an offence, the council may, at its option, instead of instituting penal proceedings, sue for the recovery of the said duties or taxes, whether a licence be issued or not and whether the name of the person liable for the duties or taxes be entered or not in the valuation roll or in the collection roll.

R. S. 1964, c. 193, s. 528; 1979, c. 72, s. 312; 1990, c. 4, s. 178.

493. (Repealed).

R. S. 1964, c. 193, s. 529; 1979, c. 72, s. 313.

Animals, vehicles.

494. The council may impose and levy an annual tax, to be fixed by by-law, on every stallion kept for breeding, on every horse aged three years and over, on every bull kept for breeding, on every other head of horned cattle over two years of age, on every dog and on every vehicle kept in the territory of the municipality.

R. S. 1964, c. 193, s. 530; 1996, c. 2, s. 210.

495. (Repealed).

R. S. 1964, c. 193, s. 531; 1979, c. 36, s. 89.

Other taxes.

496. In addition to the taxes mentioned in the foregoing sections of this subdivision 28, the council may also impose such taxes as are otherwise authorized by this Act.

Annual payment.

Every tax imposed by virtue of the foregoing provisions shall be payable annually and, subject to Division IV of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes, at the time fixed by the by-laws.

R. S. 1964, c. 193, s. 532; 1989, c. 68, s. 10.

Subrogation.

497. Any person, not being the owner, who pays municipal taxes imposed in consideration of the land which he occupies, shall be subrogated without other formality, in the prior claims and legal hypothecs of the municipality on the immovable property of the owner, and may, unless there be an agreement to the contrary, withhold from the rent or from any other debt which he owes him, or recover from him by personal action, the amount which he has paid in principal, interest and costs.

Subrogation.

Saving the provisions of the preceding paragraph, any person, not being the debtor, who pays a municipal or school, property or personal, general or special tax, or the water-rates for a third party, with the consent in writing of the latter, is of right subrogated in the prior claims and legal hypothecs of the municipality on the movable and immovable property of the debtor and may recover from him the amount of taxes so paid. Such subrogation shall be of no effect unless the receipt given by the treasurer of the municipality who is bound to issue such receipt states that the payment was made by a third party for the debtor.

Subrogation to be noted.

The fact that the taxes were paid by a third party and that the latter is subrogated in the prior claims and legal hypothecs of the municipality must be noted in the books of the municipality and mentioned in every statement furnished by an officer or employee of the municipality respecting the taxes owed by any person or affecting an immovable. The omission of such mention shall render the municipality liable for the prejudice caused thereby to a third person, saving its recourse against the officer or employee in default.

R. S. 1964, c. 193, s. 534; 1968, c. 55, s. 5; 1992, c. 57, s. 472; 1994, c. 30, s. 91; 1996, c. 2, s. 209; 1999, c. 40, s. 51.

Persons liable for taxes.

498. Municipal taxes, imposed on any immovable, may be collected from the tenant, occupant or other possessor of such immovable as well as from the owner thereof, or from any subsequent acquirer of such immovable, even where such tenant, occupant, possessor or acquirer is not entered on the valuation roll.

Partnerships.

In the case of any tax imposed on any partnership, in respect of the business of such partnership, such tax may be claimed and recovered in full from any member thereof.

R. S. 1964, c. 193, s. 535; 1992, c. 57, s. 473; 1999, c. 40, s. 51.

Special tax.

499. The council may pass such by-laws as may be necessary to enforce the collection of any special tax imposed in virtue of this Act.

Effect of forced sale.

Nevertheless a sale by the sheriff or any other sale having the effect of a forced sale shall not free an immovable from the taxes and special assessments imposed on such immovable which are not yet due.

R. S. 1964, c. 193, s. 536.

Collecting school tax.

500. The municipal council having jurisdiction to send municipal tax bills in the territory of the school board or a part thereof may, by agreement with the school board, order the treasurer to collect the school taxes levied on the immovables situated on their common territory.

Levying procedure.

Levying of these taxes shall be carried out in accordance with sections 311 to 324 of the Education Act (chapter I-13.3).

R. S. 1964, c. 193, s. 537; 1979, c. 72, s. 314; 1988, c. 84, s. 551.

III. —  Collection roll and collection of taxes

Collection roll.

501. The treasurer shall make a general collection roll, each year, at the time fixed by the council, including all taxes, both general and special, then imposed, mentioning them separately.

Special roll.

He shall also make a special collection roll whenever any special tax has been imposed, after the making of the general collection roll, or whenever he is ordered so to do by the council. Such special roll shall exist as a separate roll, only until the date fixed by the council for the preparation of the new general roll, and it must then be included in the new general roll which the treasurer shall prepare.

Special collection roll.

Notwithstanding the foregoing, in the case of section 474.6, the special collection roll made following the imposition of a special tax as a consequence of the adoption of a supplementary budget shall be separate from the general collection roll even after the date fixed by the council for the preparation of the general roll.

R. S. 1964, c. 193, s. 538; 1984, c. 38, s. 28.

502. (Repealed).

R. S. 1964, c. 193, s. 539; 1988, c. 84, s. 552.

Budget must precede roll.

503. The collection roll shall not be completed before 1 January nor until the budget of the municipality has been adopted.

Notice of deposit of rolls.

The treasurer, after having completed the collection roll, shall give public notice by which he announces that the general collection roll or the special roll, as the case may be, is deposited at his office and that the tax accounts shall be sent within the allotted time.

Applicable provisions.

The first and second paragraphs apply to every municipality governed by this Act, even if a provision of its charter that came into force before 15 December 1977 repeals, replaces or amends, directly or indirectly, one or both of those paragraphs. However, subject to section 3, the first and second paragraphs do not apply to Ville de Laval.

R. S. 1964, c. 193, s. 540; 1968, c. 55, s. 138; 1975, c. 66, s. 22; 1985, c. 27, s. 31; 1996, c. 2, s. 188; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 128.

Demand for payment of taxes.

504. Within sixty days following the day on which notice of the deposit of the roll was given, the treasurer shall transmit by mail, to every person entered on such roll, a demand for payment of the taxes. Such taxes shall be payable, subject to Division IV of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes, within thirty days following the mailing of such demand for payment.

Applicability.

This section applies subject to section 81 of the Act respecting municipal taxation.

R. S. 1964, c. 193, s. 541; 1968, c. 55, s. 138; 1975, c. 66, s. 23; 1989, c. 68, s. 11; 1991, c. 32, s. 163.

IV. —  Seizure and sale of movables for non-payment of taxes

Seizure and sale of movables.

505. If the taxes are not paid at the expiry of the time prescribed therefor by section 504 or, as the case may be, any other period of time applicable under Division IV of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) which deals with the payment and refund of taxes, the treasurer may levy them, together with costs, by seizure and sale of such movables liable to seizure and belonging to such persons, as may be found in the territory of the municipality.

R. S. 1964, c. 193, s. 542; 1968, c. 55, s. 139; 1989, c. 68, s. 12; 1996, c. 2, s. 210.

Warrant.

506. Such seizure and sale shall be made under a warrant prepared by the mayor and signed and issued by the clerk of the Court of Québec or the clerk of the Superior Court, according to the amount claimed, addressed to a bailiff and executed by that officer, under his oath of office, according to the same rules and under the same responsibilities and penalties as a writ of execution against movable property issued by the Court of Québec.

Responsibility.

The mayor, in preparing such warrant, shall not incur any personal responsibility, but shall act under the responsibility of the municipality.

Certificate.

The clerk of the Court of Québec or the clerk of the Superior Court shall issue the warrant upon the filing of a certificate of the mayor establishing that the debt is exigible in the amount indicated therein.

R. S. 1964, c. 193, s. 543; 1965 (1st sess.), c. 17, s. 2; 1986, c. 95, s. 53; 1988, c. 21, s. 66.

Forcible entry.

507. If the debtor be absent, or if there be no person to open the doors of the house, cupboards, chests or other closed places, or in the event of a refusal to open the same, the seizing officer may, by an order of the clerk of the Court of Québec, of the clerk of the Superior Court or of any justice of the peace, be empowered to cause the same to be opened by the usual lawful means, in presence of two witnesses, with all necessary force.

R. S. 1964, c. 193, s. 544 (part); 1965 (1st sess.), c. 80, a. 1; 1986, c. 95, s. 54; 1988, c. 21, s. 66.

Opposition.

508. The sale may only be stopped by an opposition before the Court of Québec or the Superior Court, according to the amount claimed, where an opposition to the seizure of movables is permitted by the Code of Civil Procedure (chapter C-25). Such opposition must be accompanied by an order to suspend signed by the judge or clerk. It shall be returnable in eight days and is proceeded upon and decided according to the rules of the Code of Civil Procedure.

Competent court.

In addition to the grounds mentioned in article 596 of the Code of Civil Procedure, opposition to annul a seizure may be taken to the competent court for any cause likely to affect the claim of the municipality.

R. S. 1964, c. 193, s. 545; 1965 (1st sess.), c. 17, s. 2; 1986, c. 95, s. 55; 1988, c. 21, s. 66.

V. —  Suits for Recovery of Taxes

Suit for taxes.

509. The payment of municipal taxes may be claimed also by an action brought in the name of the municipality, before the Court of Québec or the Municipal Court, if there be one.

Judgment by default.

The clerk of the Court of Québec has the same power as the clerk of the Superior Court under article 194 of the Code of Civil Procedure (chapter C-25), upon the accomplishing of the same formalities, to render judgment against the defendant who fails to appear or to plead, provided that a detailed statement of the account for the municipal taxes claimed by the action be filed, and that the declaration, under oath or affidavit, establishing that the amount is due to the knowledge of the deponent, be given and subscribed to by the clerk or secretary-treasurer, or by the treasurer of the municipality. Such oath is taken before the mayor of the municipality, or before a justice of the peace, a commissioner for oaths or a notary.

Redemption of immovable.

The sale of an immovable by the sheriff or other officer, in execution of a judgment in such an action, is subject to its being redeemed, in the same manner and same time as sales by the clerk of the municipality.

Stay of action.

The defendant may obtain a stay of such action if the rolls, by-laws, minutes or other municipal acts upon which it is based are sought to be quashed or annulled, unless section 252.1 of the Act respecting municipal taxation (chapter F-2.1) provides that the tax must be paid despite the proceedings to quash or annul. This stay is ordered by the court before whom the proceedings to quash or annul are pending, at its discretion.

R. S. 1964, c. 193, s. 546; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1979, c. 72, s. 315; 1988, c. 21, s. 66; 1989, c. 68, s. 13; 1989, c. 52, s. 120; 1996, c. 2, s. 189; 1999, c. 40, s. 51.

Appeal.

510. An appeal shall lie to the Court of Appeal from the final decision in actions brought in virtue of section 509, if the sum claimed exceeds $7,000, not including interest.

R. S. 1964, c. 193, s. 547; 1974, c. 11, s. 2; 1989, c. 52, s. 121; 2010, c. 18, s. 30.

VI. —  Sale of Immovables for Non-payment of Taxes

Statement of arrears.

511. After the expiration of the six months next after the notice of deposit of the collection roll, the treasurer shall draw up a statement showing the immovables on which the taxes assessed have not been paid, in whole or in part.

R. S. 1964, c. 193, s. 548.

Order to sell.

512. The council, after examining the statement filed by the treasurer, may order the clerk to sell such immovables at public auction, at the office of the council or at any other place mentioned in the order, in the manner hereinafter prescribed.

R. S. 1964, c. 193, s. 549.

Notice.

513. Within 30 days of the order of the council, the clerk shall give public notice of the day, hour and place where the sale by auction will be held. The notice shall contain a description, according to the provisions of the Civil Code, of the immovables the sale whereof is so ordered, stating the name of the owner according to the assessment roll. However, the description of an immovable contemplated in section 7.1 is made by the description of the land on which it is situated and a summary description of the immovable contemplated accompanied, if possible, with the name and address of its owner and any other indication that may help to identify it.

Notice.

The notice may contain an abridged enumeration of the consecutive cadastral numbers of immovables belonging to the same owner.

R. S. 1964, c. 193, s. 550; 1969, c. 55, s. 26; 1977, c. 5, s. 14; 1979, c. 72, s. 316; 1996, c. 27, s. 31; 1997, c. 93, s. 63; 1999, c. 40, s. 51.

Publication.

514. Such notice shall also be published twice in a newspaper circulated in the territory of the municipality. The sale cannot be held before the expiration of 15 days from the second publication.

Notice to registrar.

At the time of the first publication of the notice, the clerk must immediately transmit a copy thereof by registered or certified letter to the registrar, and it shall be the duty of the registrar to notify interested parties in the manner indicated by the Civil Code.

Failure to notify.

Failure to notify the registrar shall not render the proceedings null, but the officer or employee so in default shall be responsible for any damage resulting therefrom.

Sale not made.

When the sale of an immovable mentioned in the list and notice above mentioned is not proceeded with, the clerk in charge of such sale must inform the registrar thereof by registered or certified letter.

R. S. 1964, c. 193, s. 551; 1968, c. 55, s. 5; 1975, c. 83, s. 84; 1982, c. 63, s. 145; 1995, c. 34, s. 18; 1996, c. 2, s. 190; 1999, c. 40, s. 51; 2000, c. 42, s. 127.

Notice of sale to property-owner.

515. The clerk must also, by registered or certified letter, within the time provided in section 513, notify of the date and place of such sale, each person whose property is to be sold and whose name appears on the valuation roll then in force with respect to such immovable.

Exception.

If such person has no known domicile in Québec, the formality of the notice shall not be necessary.

1975, c. 66, s. 24; 1975, c. 83, s. 84; 1999, c. 40, s. 51.

New notice.

516. If the sale is stopped by any proceeding which has been decided upon only after the day fixed for the sale, the notice of sale which is to be published in the newspapers shall be sufficient if it is drawn up in conformity with article 682 of the Code of Civil Procedure (chapter C-25) and published according to the provisions of the said article once fifteen days at least before the day fixed for the sale.

R. S. 1964, c. 193, s. 552; 1965 (1st sess.), c. 80, a. 1.

Sale.

517. At the time appointed for the sale, the clerk or some other person acting for him, shall sell to the highest bidder the immovables described in the notice upon which taxes are still due, after making known the amount to be raised on each of such immovables, including therein a part of the costs incurred for the sale, proportionate to the amount of the debt. The immovables shall be put up and sold separately, in the order in which they are given in the notice.

R. S. 1964, c. 193, s. 553.

Opposition.

518. The sale cannot be suspended except by an opposition taken in the Court of Québec of the district or in the Superior Court of the district, according to their respective jurisdiction, determined by the value of the immovable as entered on the valuation roll in force.

Procedure.

The provisions of articles 678 and following of the Code of Civil Procedure (chapter C-25) shall apply to such opposition, with the necessary modifications.

Competent court.

In addition to the grounds mentioned in article 596 of the Code of Civil Procedure, opposition to annul a seizure may be taken to the competent court for any cause likely to affect the claim of the municipality.

R. S. 1964, c. 193, s. 554; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1986, c. 95, s. 56; 1988, c. 21, s. 66.

Price.

519. The purchaser shall pay the amount of his purchase money immediately.

Non-payment.

In default of immediate payment, the person making the sale shall, either at once put up the immovable again for sale, or adjourn the sale to the following or any other day within eight days, by giving all persons present notice of such adjournment in an audible and intelligible voice.

R. S. 1964, c. 193, s. 555.

Certificate.

520. On payment by the purchaser of the amount of his purchase money, the clerk shall set forth, in a certificate made in duplicate and signed by himself, the particulars of the sale, and deliver a duplicate of such certificate to the purchaser.

R. S. 1964, c. 193, s. 556.

Effect.

521. The purchaser shall thereupon be seized of the immovable adjuged, and may enter into possession thereof, subject to the same being redeemed within the year following, but shall not remove timber nor the buildings therefrom during the said year.

R. S. 1964, c. 193, s. 557.

List to registrar.

522. Within the ten days following the adjudication, the clerk shall transmit to the registrar a list of the immovables so sold for municipal taxes, with the name of the purchaser of each of such immovables.

Notice of sale.

The clerk shall also, within the same time, inform by special notice, the property-owners or occupants of each immovable sold, of the sale thereof and of the particulars relating thereto mentioned in the list transmitted to the registrar.

R. S. 1964, c. 193, s. 558; 1975, c. 66, s. 25; 1999, c. 40, s. 51.

Distribution of proceeds.

523. The proceeds of the sale of each immovable shall be deposited in the office of the clerk of the Superior Court for the district, for distribution according to law.

Copy of page of land register.

The clerk of the Superior Court shall obtain from the registrar a copy of any page of the land register concerning the adjudged immovable that may be useful to him for the purposes of apportioning the proceeds of the sale. Where the clerk of the Superior Court considers it necessary and if the amount to be apportioned exceeds $1,000, he may obtain from the registrar the certified statement described in articles 703 to 707 of the Code of Civil Procedure (chapter C-25). The clerk of the Superior Court shall pay out of the proceeds of the sale the cost of the copy of the page of the land register and, as the case may be, the cost of the certified statement.

Apportionment of proceeds.

The proceeds of the sale shall be apportioned among the creditors according to the rules provided for in the case of a seizure of immovables in execution, without the formality of a scheme of collocation if the amount to be apportioned does not exceed $1,000.

Cancelling.

The clerk of the Superior Court, after distribution of the monies, shall deposit in the registry office a certified copy of the judgment of distribution, for the purpose of cancelling totally or partially the registration of the claims or hypothecs which have been paid in whole or in part.

R. S. 1964, c. 193, s. 559; 1983, c. 57, s. 56; 1992, c. 57, s. 474; 1999, c. 40, s. 51; 2000, c. 42, s. 128.

Absolute ownership.

524. If, within one year from the day of the adjudication, the immovable adjudged has not been bought back or redeemed, according to the following provisions, the purchaser shall become the absolute owner thereof.

R. S. 1964, c. 193, s. 560.

Deed of sale.

525. Such purchaser, upon exhibiting the certificate of his purchase and upon proving the payment of all municipal and school taxes which in the meantime have become due thereon, shall be entitled, at the expiration of one year, to a deed of sale from the council.

Deed of sale.

He is also entitled to such deed of sale at any time before the expiration of such time, with the consent of the owner of the said immovable or that of his legal representatives and of the prior or hypothecary creditors, which persons must intervene in the said deed to attest their consent.

R. S. 1964, c. 193, s. 561; 1992, c. 57, s. 475; 1999, c. 40, s. 51.

Form of deed.

526. The deed of sale shall be executed in the name of the municipality, by the mayor or by the clerk, by deed before a notary.

R. S. 1964, c. 193, s. 562.

Purchaser's rights.

527. All the rights acquired by the purchaser shall pass to his heirs or successors.

R. S. 1964, c. 193, s. 563; 1999, c. 40, s. 51.

Ownership conveyed.

528. The sale made under the above provisions shall convey the ownership of the immovable adjudged.

R. S. 1964, c. 193, s. 564.

Effect of sale.

529. It shall vest in the purchaser all the rights of the original owner, and purge the immovable from all hypothecs to which it may be subject, except, subject to the reserve contained in the last paragraph of this section, the claim for special taxes imposed on the immovable and not yet due, claims to constituted ground rents, to seigniorial rights, to rents substituted therefor, to school taxes or assessments and also the sums due to trustees for the assessments imposed upon the said immovable to defray the expenses of building or repairs to churches, vestries, parsonages and burial grounds; but the arrears of the rents, taxes and assessments above mentioned, due before the sale, shall be extinguished by the sale, unless there has been lodged in the office of the council, at least eight days before the sale, a certified account of such arrears, taxes or assessments.

Registration.

The registration of the deed of sale shall effect the cancellation of the registration of the hypothecs registered against the immovable which are discharged by the sale.

Adjudication to a municipality.

The adjudication of an immovable to a municipality having an interest by reason of a prior claim or legal hypothec upon the said immovable purges the latter from all constituted ground rents, rents under emphyteusis and rents replacing seigniorial rights, counting from the date of the adjudication and as long as the immovable remains the property of the said municipality. Such rents shall again be an encumbrance upon the immovable, but for the future only, counting from the date when the immovable ceases to be the property of the municipality.

R. S. 1964, c. 193, s. 565; 1992, c. 57, s. 476; 1996, c. 2, s. 209; 1999, c. 40, s. 51.

Prescription.

530. Suits for the cancellation of the sale of an immovable made under the above provisions and the right to invoke the illegality thereof shall be prescribed by twelve months counting from the date of the adjudication.

R. S. 1964, c. 193, s. 566.

VII. —  Redemption of immovables sold for taxes

Redemption.

531. An immovable sold for taxes may be redeemed by the owner or his legal representatives, at any time within the year following the day of adjudication, by paying to the purchaser the price of sale, including the cost of the certificate of adjudication, with interest at the rate of ten per cent per annum, a fraction of a year being counted as a whole year.

Redemption of vacant land.

When the immovable sold is vacant land, the amount payable to the purchaser shall also include the total of the municipal and school taxes, general and special, imposed upon the immovable from the date of adjudication to the date of redemption, if they have been paid by the purchaser; if they have not been paid, the redemption shall free the purchaser therefrom and shall bind the owner to pay them.

R. S. 1964, c. 193, s. 567.

Deed.

532. The owner shall be then entitled to obtain from the purchaser, but at his own cost, a deed before a notary establishing the reimbursement of the monies and the redemption of the immovable.

Registration.

The registration of an authentic copy of such deed restores to him the right of ownership of the immovable possessed by him at the time of sale, subject to the prior claims and hypothecary claims which encumbered it at that date, less what was paid on them by the distribution of the proceeds of the sale.

R. S. 1964, c. 193, s. 568; 1992, c. 57, s. 477.

Redemption by third party.

533. Any person, whether authorized or not, may, unless a deed of sale has been effected under the second paragraph of section 525, redeem such immovable in the same manner, but only in the name and for the benefit of the person who was the owner thereof at the time of the adjudication.

R. S. 1964, c. 193, s. 569.

Privilege of person redeeming.

534. The person so redeeming, shall be entitled to be reimbursed, by the owner, the amount he has paid, with interest at 8%.

R. S. 1964, c. 193, s. 570; 1992, c. 57, s. 478.

Leases.

535. The person redeeming shall take back the property subject to the notarial leases entered into in good faith by the purchaser; but such person is not obliged to maintain such leases for more than one year counting from the date of the adjudication, even though they may have been granted for a longer period.

R. S. 1964, c. 193, s. 571.

VIII. —  Purchase by the municipality of immovables sold for taxes

Bids by municipality.

536. Whenever immovables situated in the territory of a municipality are sold for municipal or school taxes, the municipality may bid upon and acquire such immovables through the mayor or other person, upon the authorization of the council, without having to immediately pay the amount of the adjudication. The municipality may also bid upon and acquire such immovables, at any sheriff's sale or other sale having the same effect as a sheriff's sale.

Amount of bid.

The bid of the municipality shall not however, in any case, exceed the amount of the taxes, in capital, interest and costs, with an amount sufficient to satisfy any prior or hypothecary claim of a rank prior or equal to that of municipal taxes.

R. S. 1964, c. 193, s. 572; 1992, c. 57, s. 479; 1996, c. 2, s. 191.

Taxation.

537. The municipality shall cause to be entered in its name the immovables so purchased, in the valuation and collection rolls and special apportionment rolls, and shall tax them like any other taxable immovable, and such immovables shall remain liable for municipal and school taxes as any other immovables and shall be assessed the same. However, the school taxes thus imposed shall not be exigible from the municipality.

Redemption price.

If the right to redeem be exercised, the redemption price shall include, over and above the amount paid by the municipality for the immovable, and the interest at 10% thereon, the amount of general or special municipal and school taxes assessed on such immovables from the date of the adjudication to the date of the redemption, or the instalments due on such taxes if they are payable by instalments, as well as the sums of money due to the municipality for taxes unpaid by the distribution of the proceeds of the sale.

Instalments not due.

After the redemption, the instalments of special taxes not yet due shall continue to affect the immovable redeemed, and the owner shall be liable thereof.

R. S. 1964, c. 193, s. 573; 1996, c. 2, s. 192.

Deed of sale.

538. If the right to redeem be not exercised within one year from the adjudication, the clerk, the sheriff or the trustee, as the case may be, shall draw up and sign a deed of sale in favour of the municipality, and have it registered.

R. S. 1964, c. 193, s. 574.

539. (Repealed).

R. S. 1964, c. 193, s. 575; 1968, c. 55, s. 140; 1977, c. 5, s. 14; 1984, c. 38, s. 29; 1995, c. 34, s. 19.

IX. —  Purchase of certain immovable properties by the municipality

Acquisition at sheriff's sale.

540. A municipality may bid upon and acquire any immovable property hypothecated in its favour under any law authorizing it to make a loan to help those who have suffered disaster, at any sale by the sheriff or at any sale having the effect of a sheriff's sale.

Amount of bid.

The municipality's bid must not however exceed the amount of its claim in capital, interest and costs, together with a sufficient sum to satisfy any prior or hypothecary claim having prior or equal rank to that of such claim.

R. S. 1964, c. 193, s. 576 (part); 1992, c. 57, s. 480; 1996, c. 2, s. 193.

Sale by auction.

541.  (1) The immovable property so acquired by the municipality must be sold by auction on such conditions as the council determines by resolution which must be mentioned in the notice of sale published in the manner determined by resolution of the council. No such conditions may, however, stipulate time exceeding 20 years for the payment of the price of sale.

Clerk.

Such sale by auction may be made by the clerk of the municipality.

Private sale.

 (2) Such immovable property may also be sold, by private sale, by the municipality, by resolution, but no such sale shall be complete and have effect until after the approval of the contract by the Minister of Municipal Affairs, Regions and Land Occupancy.

Notice.
The clerk must give a public notice to the effect that within 15 days application will be made to the Minister of Municipal Affairs, Regions and Land Occupancy for the approval of the contract. Such notice must contain a description of the immovable property sold and a notification that any person desirous of opposing the sale may apply to the Minister of Municipal Affairs, Regions and Land Occupancy within 15 days of the notice. After examination of the contract and upon reception of a certified copy of the notice together with the clerk's certificate or any other proof of its publication, the Minister of Municipal Affairs, Regions and Land Occupancy, after the expiry of the fifteenth day after the publication of the notice, shall grant or refuse to grant his approval of the contract.

R. S. 1964, c. 193, s. 578; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

§ 29. —  Exemption from Taxation

Exemption from taxes.

542. The council may, by resolution, exempt the poor of the territory of the municipality from the payment of taxes.

R. S. 1964, c. 193, s. 579; 1996, c. 2, s. 194.

542.1. (Repealed).

1982, c. 63, s. 146; 1985, c. 27, s. 32; 1986, c. 31, s. 11; 1996, c. 77, s. 17; 2005, c. 6, s. 194.

542.2. (Repealed).

1983, c. 57, s. 57; 1985, c. 27, s. 32; 1996, c. 2, s. 195; 1996, c. 77, s. 17; 2005, c. 6, s. 194.

542.3. (Replaced).

1983, c. 57, s. 57; 1985, c. 27, s. 32; 1996, c. 2, s. 196; 1996, c. 77, s. 17.

542.4. (Repealed).

1983, c. 57, s. 57; 1985, c. 27, s. 32; 1986, c. 31, s. 12; 1996, c. 77, s. 18; 2005, c. 6, s. 194.

542.5. (Repealed).

1984, c. 27, s. 50; 1985, c. 27, s. 32; 1996, c. 2, s. 197; 2005, c. 6, s. 194.

542.5.1. (Repealed).

1999, c. 59, s. 5; 2005, c. 6, s. 194.

542.5.2. (Repealed).

1999, c. 59, s. 5; 2005, c. 6, s. 194.

542.6. (Repealed).

1984, c. 27, s. 50; 1985, c. 27, s. 32; 1996, c. 2, s. 198; 1996, c. 77, s. 19; 1999, c. 59, s. 6; 2005, c. 6, s. 194.

542.7. (Repealed).

1985, c. 27, s. 32; 1996, c. 77, s. 20; 1999, c. 59, s. 7; 2005, c. 6, s. 194.

§ 30. —  Loans

Borrowing power.

543. The municipality may borrow money for all objects within its jurisdiction.

R. S. 1964, c. 193, s. 580; 1996, c. 2, s. 199.

Content of by-law.

544. Every by-law ordering a loan must

 (1) specify its object;

 (2) contain a detailed description of the expenditure to be incurred under the by-law;

 (3) indicate the amount and term of the loan.

Exception.

However, a by-law ordering a loan for the purpose of capital expenditures may mention the object of the by-law only in general terms and indicate only the amount and maximum term of the loan if

 (1) the by-law is adopted by the council of a municipality with a population of 100,000 or more and is exempted under a legislative provision from approval by the qualified voters; or

 (2) the by-law prescribes, for the repayment of the loan, the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax based on the municipal valuation on all taxable immovables in the territory of the municipality, and the total amount of the loans ordered by the municipality during the fiscal year, under a by-law referred to in this subparagraph, does not exceed the higher of $100,000 and the amount equivalent to 0.25% of the standardized property value of the municipality as determined under Division I of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1), according to the most recent summary of the assessment roll produced before the fiscal year.

Presumption.

For the purposes of subparagraph 2 of the second paragraph, the total amount of the loans ordered by the municipality is deemed to exceed the maximum amount provided for in that subparagraph on the adoption of a loan by-law that would cause the total amount to exceed that maximum amount if it came into force.

R. S. 1964, c. 193, s. 582; 1994, c. 33, s. 16; 2002, c. 37, s. 82; 2006, c. 31, s. 27; 2008, c. 18, s. 27.

Part reserved for repayment.

544.1. Part of the loan, not exceeding 5% of the amount of the expenditure authorized by the loan by-law in force, may be reserved for the repayment to the general fund of the municipality of all or part of the sums expended, before the coming into force of the loan by-law, in connection with the object of the by-law.

Exception.

Where approval of the loan by-law by persons qualified to vote is not required, the percentage set in the first paragraph is replaced by 10%.

1995, c. 34, s. 20; 2003, c. 19, s. 129.

545. (Replaced).

R. S. 1964, c. 193, s. 583; 1994, c. 33, s. 16.

546. (Replaced).

R. S. 1964, c. 193, s. 584; 1966-67, c. 54, s. 4; 1984, c. 38, s. 30; 1988, c. 84, s. 705; 1994, c. 33, s. 16.

Sinking fund.

547. The by-law ordering a loan must also provide, in accordance with the following rules, for the expense incurred for interest and for the establishment of a sinking fund.

Establishment of the fund.

The sinking fund may be established, either by means of a special tax imposed by the by-law and levied annually until the expiry of the term of the loan upon the taxable immovable property in the territory of the municipality or upon the immovable property of owners or occupants liable for the payment of the loan, or by annually setting aside for that purpose a portion of the general revenues of the municipality. In both instances, the sum paid each year into the sinking fund must be sufficient to yield, with compound interest thereon at the rate of 3.5% per annum, the capital to be paid at maturity.

Payment of interest.

The sum necessary to provide for expense incurred for interest may likewise be taken from the general revenues, or levied annually by a special tax imposed by the by-law on the taxable immovable property in the territory of the municipality or on that of the owners or occupants liable for the payment of the loan.

Special tax.

Nevertheless, no municipality may, to provide for expense incurred for interest and establish the sinking fund, use more than one-half of the ordinary revenues from the general taxes it is empowered to impose under sections 485 and following and the business tax it is empowered to impose under the Act respecting municipal taxation (chapter F-2.1), and the excess it may need for such purposes must be levied by means of a special tax on immovables.

Rate.

Where a special tax is imposed to be levied annually, it may be levied from the coming into force of the by-law. Until the bonds, notes or other securities are issued, the tax may be levied at a rate sufficient to pay incidental charges in respect of the loan and its object, including interest on temporary loans.

R. S. 1964, c. 193, s. 585; 1979, c. 72, s. 317; 1984, c. 38, s. 31; 1991, c. 32, s. 164; 1992, c. 27, s. 15; 1994, c. 30, s. 92; 1996, c. 2, s. 200; 1999, c. 90, s. 5; 2004, c. 20, s. 100.

Exemption.

547.1. Any by-law that, pursuant to section 547, imposes a special tax for the establishment of a sinking fund, and that is not based on the value of the immovable, may provide that the ratepayer on whose immovable the tax is imposed may exempt his immovable from the tax by paying in one instalment that portion of the capital which, upon maturity of the loan, would have been provided by the tax imposed on that immovable. Likewise, if the by-law prescribes the payment of a compensation referred to in section 244.2 of the Act respecting municipal taxation (chapter F-2.1) for the establishment of a sinking fund, it may provide that the owner or occupant from whom the compensation is required may obtain an exemption from the compensation in the same manner, with the necessary modifications.

Calculation of share.

The share payable is calculated, in the case of a property tax, according to the assessment roll in force at the time the ratepayer makes the payment, taking account, where applicable, of taxes paid under the by-law before the payment. In the case of a compensation, the share is calculated according to the apportionment provided for in the by-law, as it applies at the time of the payment.

Payment.

The payment must be made before the date indicated in the by-law.

Reduction of loan.

The amount of the loan is reduced by a sum equal to any sum paid under this section.

1985, c. 27, s. 33; 1997, c. 93, s. 64; 2003, c. 19, s. 130.

Applicability of section 547.1.

547.2. Any loan made by way of successive issues of negotiable instruments in accordance with section 2 of the Act respecting municipal debts and loans (chapter D-7) for shorter terms than the term fixed in the by-law is, for each issue, subject to section 547.1, adapted as required.

1985, c. 27, s. 33; 1988, c. 84, s. 705.

Duration of exemption.

547.3. Any payment made under section 547.1 or 547.2 exempts the immovable from the special tax or the owner or occupant from the compensation, as the case may be, for the remainder of the term of the loan fixed in the by-law.

1985, c. 27, s. 33; 2003, c. 19, s. 131.

548. If the loan be reimbursable in yearly or half-yearly payments or by annuities, the monies destined for the sinking fund shall be used each year for the repayment of a part of the principal of the loan. When the loan is repayable otherwise than by yearly or half-yearly payments or by annuities, such sums of money shall be deposited or invested in accordance with the provisions of sections 34 and following of the Act respecting municipal debts and loans (chapter D-7).

Whenever it is obligatory to deposit the sinking fund in the office of the Minister of Finance, and the deposit has not been made as prescribed, the Minister of Revenue, as well as any trustee, bondholder, ratepayer or any other interested party, may, by an action in law, compel the municipality to make such deposit, and in case a judgment to that effect is obtained against the municipality, the provisions of this Act, respecting the execution of judgments against municipalities and contained in sections 591 to 604, shall apply.

R. S. 1964, c. 193, s. 586; 1988, c. 84, s. 705; 1996, c. 2, s. 209; 2010, c. 31, s. 84.

Loans.

549. Loans may be contracted by a municipality by means of an issue of bonds, notes or other securities.

Seal and signature.

Every bond must bear the seal of the municipality and be signed by the mayor and the treasurer. However, if the treasurer and his assistant are absent or if they are unable or refuse to act, or if the offices of treasurer and assistant treasurer are vacant, another officer or employee of the municipality designated by the council may sign the bonds in their place. The signature of the mayor may be printed, lithographed or engraved on the bonds. The signature of the treasurer may also, with the authorization of the council, be printed, lithographed or engraved on the bonds.

Signature.

Every bond heretofore or hereafter issued shall be deemed to have been validly signed if it bears the signature of each person who is required to sign it under this section on the date the bond bears or on the date it was signed.

How payable.

Such bonds may be made payable to a named holder, to his order or to bearer. They shall be payable at the dates fixed by the by-law, and shall bear interest payable semi-annually at the dates also fixed by the by-law.

Transfer.

If a bond is registered in the name of a person under the Act respecting municipal debts and loans (chapter D-7), it may be transferred only if the registration is corrected to mention the name of the transferee or to indicate that the bond is payable to bearer.

Effect of transfer.

A transfer in accordance with the Act respecting the transfer of securities and the establishment of security entitlements (chapter T-11.002) or with the fifth paragraph of this section, as applicable, conveys all rights in the bond to the transferee and entitles the transferee to bring an action based on the bond in the transferee's own name.

R. S. 1964, c. 193, s. 587; 1968, c. 55, s. 142; 1983, c. 57, s. 58; 1984, c. 38, s. 32; 1988, c. 84, s. 705; 1992, c. 27, s. 16; 1994, c. 33, s. 17; 2008, c. 20, s. 141.

Contents of bonds.

550. The bonds shall mention:

 (1) the name of the municipality issuing;

 (2) the by-law under which issued;

 (3) the amount for which issued;

 (4) the rate of yearly interest;

 (5) the time and place of payment of both interest and capital;

 (6) the date of issue.

R. S. 1964, c. 193, s. 588.

Coupons.

551. Coupons may be annexed to each bond, each of which shall constitute the title for one instalment of interest. Such coupons shall be payable to the person entitled to payment of the interest when the interest specified therein falls due, whether the bearer, the person in whose name the bond is registered or the endorsee, and shall bear an indicating number as well as the number of the bond to which they are attached.

Signature.

They shall be signed by the persons contemplated in the second paragraph of section 549; but a facsimile of the signatures of those persons, printed, lithographed or engraved on the coupons, shall be sufficient.

Payment.

On payment of the interest, the coupons shall be handed to the treasurer, and the possession of any coupon by such officer or employee shall be proof that the interest specified therein has been paid.

Provisions made applicable.

Any municipality not governed by the provisions of this section may enact, by by-law of its council, that these provisions shall apply to the said municipality.

R. S. 1964, c. 193, s. 589; 1968, c. 55, s. 5; 1983, c. 57, s. 59; 1996, c. 2, s. 201; 2008, c. 20, s. 142.

Guarantee of bonds.

552. The principal and interest of every bond shall be secured by the general funds of the municipality.

R. S. 1964, c. 193, s. 590.

Repayment of loan.

553. The council may stipulate, in the by-law, that the loan will be repayable in annual or semi-annual payments covering a portion of the principal, the interest being represented by coupons, or in annuities covering both interest and a portion of the principal and represented by titles or bonds maturing annually or semi-annually.

Table of payment.

In both cases, the by-law shall contain a table of the payments or annuities, showing the amount payable at each date of maturity, the number of bonds redeemable annually or semi-annually and the amount of each of them.

R. S. 1964, c. 193, s. 591; 1968, c. 55, s. 143; 1984, c. 38, s. 33.

Sale on tenders.

554. The municipality shall sell the bonds it is authorized to issue, by adjudication, on written tenders, after a notice, published in the Gazette officielle du Québec at least 15 days before the date fixed for the taking into consideration of the tenders, at a public sitting of the council of the municipality or of one of its committees. The Minister of Finance may, however, prescribe any other means of publication and fix, in that case, other time limits.

Notice.

Such notice shall state the amount, term and mode of repayment of the loan, the rate of interest, and the place, day and hour fixed for the opening of tenders.

Awarding contract.

The council shall not, without the previous authorization of the Minister of Finance, award the contract to any person other than the one who has made the most advantageous tender within the time fixed.

Sale by agreement.

The Minister of Finance may, however, authorize the municipality to sell its bonds by mutual agreement without the formalities prescribed by this section, on the conditions that he may deem expedient to impose.

R. S. 1964, c. 193, s. 592; 1977, c. 52, s. 17; 1984, c. 38, s. 34; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 13.

Opening of tenders by Minister.

555. The council may, by resolution, commission the Minister of Finance to receive and open the tenders provided for in section 554 on behalf and in the name of such municipality.

Deposit.

Where such is the case, the tenders must be sent to or deposited at the place determined by the Minister as notified by him to the clerk of the municipality together with the day and time fixed for the opening of the tenders.

Representative of Minister.

For the purposes of this section, the Minister may act through the representative designated by him.

Minister bound by resolution.

The resolution contemplated in the first paragraph binds the Minister from the time he receives certified copy of it until he receives certified copy of a resolution to the contrary.

1977, c. 52, s. 18; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 14.

Delegation.

555.1. The council may, by by-law, on the conditions it determines, delegate to the treasurer the power to award the contract, in the name of the municipality, to the person entitled thereto in accordance with section 554.

1995, c. 34, s. 21.

Procedure.

555.2. A municipality which contracts a loan by means of an issue of notes may choose the lender by following the procedure for a call for tenders, adapted as required, prescribed in section 554.

1995, c. 34, s. 21.

Loan by-laws.

556. Every by-law ordering a loan shall be submitted to the qualified voters and to the Minister of Municipal Affairs, Regions and Land Occupancy for approval.

Approval.

However, a loan by-law the sole purpose of which is the preparation of plans and specifications or the financing of an amount the municipality must pay in respect of an unfunded actuarial liability or an amount established pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R-15.1), determined by an actuarial valuation of a pension plan to which the municipality contributes, requires only the approval of the Minister.

Effect of section.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

R. S. 1964, c. 193, s. 593; 1968, c. 55, s. 144; 1969, c. 55, s. 27; 1975, c. 66, s. 26; 1987, c. 57, s. 723; 1992, c. 27, s. 17; 1999, c. 43, s. 13; 2003, c. 3, s. 4; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Required proportion of votes.

557. Where a referendum poll is required pursuant to the Act respecting elections and referendums in municipalities (chapter E-2.2), approval of the by-law requires not only that the number of affirmative votes be greater than the number of negative votes, but also that the total number of votes cast be equal to or greater than the following proportion of the qualified voters domiciled in the territory of the municipality:

 (1) one eighth, if there are fewer than 1,000;

 (2) eight hundredths, if there are 1,000 or over but not over 2,000;

 (3) one twentieth, if there are 2,000 or over.

Rounding off.

If the result of the computation provided for in the first paragraph is a number that includes a fraction, the fraction shall be counted as a unit.

R. S. 1964, c. 193, s. 595; 1968, c. 55, s. 146; 1984, c. 38, s. 35; 1987, c. 57, s. 723; 1996, c. 2, s. 210.

558. (Repealed).

R. S. 1964, c. 193, s. 596; 1968, c. 55, s. 146; 1979, c. 72, s. 318; 1984, c. 38, s. 36.

559. (Repealed).

R. S. 1964, c. 193, s. 597; 1968, c. 55, s. 146; 1979, c. 72, s. 319; 1984, c. 38, s. 36.

560. (Repealed).

R. S. 1964, c. 193, s. 598; 1984, c. 38, s. 36.

Repayment of loan.

561. Where the repayment of a loan is to be borne by the owners of immovables of a part only of the territory of the municipality or by those who benefit from the works as determined under section 487, the tax to be levied each year during the term of the loan shall be assessed only on the immovables of the owners concerned.

Tax.

The tax must be sufficient to pay the interest each year and make up the capital repayable at the maturity of the bonds, notes or other securities.

R. S. 1964, c. 193, s. 599; 1968, c. 55, s. 147; 1975, c. 66, s. 27; 1979, c. 36, s. 90; 1984, c. 38, s. 37; 1985, c. 27, s. 34; 1986, c. 31, s. 13; 1987, c. 57, s. 724; 1992, c. 27, s. 18; 1996, c. 2, s. 202.

Approval of loan by-law.

561.1. The by-law ordering a loan contemplated in section 561 must be submitted for approval to the Minister of Municipal Affairs, Regions and Land Occupancy and to the qualified voters of the concerned part of the territory of the municipality or, as the case may be, that which comprises the aggregate of the immovables of those who benefit therefrom.

Sector concerned.

For the purposes of the Act respecting elections and referendums in municipalities (chapter E-2.2), such part of the territory of the municipality is the sector concerned.

Effect of section.

This section has effect notwithstanding any inconsistent provision of any charter or special Act, unless such charter or Act dispenses with the formality of approval by the qualified voters.

1987, c. 57, s. 724; 1996, c. 2, s. 203; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Required proportion of votes.

561.2. Where a referendum poll is required pursuant to the Act respecting elections and referendums in municipalities (chapter E-2.2), approval of the by-law contemplated in section 561.1 requires not only that the number of affirmative votes be greater than the number of negative votes, but also that the total number of votes cast be equal to or greater than a majority of the qualified voters contemplated in that section who are domiciled in the territory of the municipality.

1987, c. 57, s. 724; 1996, c. 2, s. 210.

Applicable provisions.

561.3. Where repayment of 75% or more of the loan is to be borne by the owners of immovables of only a part of the territory of the municipality or by those who benefit from the works as determined under section 487, sections 561.1 and 561.2 apply as if the repayment of the entire amount of the loan were to be borne by them.

Part of the municipality.

For the purposes of the first paragraph, that part of the territory of the municipality shall consist of a combination of several separate parts contemplated in the by-law only in the case where the owners of immovables of none of those parts are required to bear 75% or more of the repayment of the loan; the aggregate of the immovables of those who benefit from the works shall constitute such a separate part.

1987, c. 57, s. 724; 1996, c. 2, s. 204.

Certified copy.

562. The clerk shall transmit a certified copy of the loan by-law to the Minister of Municipal Affairs, Regions and Land Occupancy, together with every other document he may require.

Information.

The clerk must provide the Minister with any information requested by him with respect to the by-law.

R. S. 1964, c. 193, s. 600; 1968, c. 55, s. 147; 1972, c. 49, s. 137; 1975, c. 66, s. 28; 1977, c. 5, s. 14; 1979, c. 36, s. 91; 1979, c. 72, s. 320; 1979, c. 49, s. 33; 1982, c. 25, s. 46; 1984, c. 38, s. 38; 1987, c. 57, s. 725; 1988, c. 49, s. 42; 1989, c. 69, s. 2; 1992, c. 27, s. 19; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

563. (Repealed).

R. S. 1964, c. 193, s. 601; 1992, c. 27, s. 20.

Approval.

563.1. In addition to obtaining any approval required under section 556, the council shall, before contracting a loan, have the conditions of the loan approved by the Minister of Finance.

Exceptions.

However, approval of the conditions of a loan is not required in respect of a loan contracted by means of an issue of bonds or an issue of notes following the application of the procedure for a call for tenders prescribed in section 554, or a loan contracted by means of an issue of notes for an amount less than $100,000.

1984, c. 38, s. 39; 1992, c. 27, s. 21; 1995, c. 34, s. 22; 1999, c. 43, s. 13; 2002, c. 37, s. 83; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 50, s. 15.

563.2. (Repealed).

1989, c. 69, s. 3; 1992, c. 27, s. 22.

Amendment of loan by-law.

564. Notwithstanding any inconsistent provision, the council may amend a loan by-law by a resolution requiring no approval if the amendment does not change the object of the loan and

 (1) does not increase the burden on the ratepayers or

 (2) increases the burden on the ratepayers by reason only of an increase in the rate of interest or the shortening of the term of repayment.

Borrowing method.

For the purposes of the first paragraph, the burden on the ratepayers is considered not to be increased where the additional cost arising from a change in the borrowing method is connected with the administrative expenses of the new borrowing method and nothing else.

Copy to the Minister.

The clerk shall send a copy of the resolution passed under this section to the Minister of Municipal Affairs, Regions and Land Occupancy.

R. S. 1964, c. 193, s. 602; 1966-67, c. 54, s. 5; 1968, c. 55, s. 148; 1970, c. 46, s. 2; 1975, c. 66, s. 29; 1977, c. 5, s. 14; 1984, c. 38, s. 40; 1986, c. 31, s. 14; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Amendment of special tax.

565. The council may, by by-law requiring only the approval of the Minister of Municipal Affairs, Regions and Land Occupancy, amend or replace any special tax imposed by a loan by-law under which notes, bonds or other securities have been issued.

Publication.

At least 30 days before it is submitted to the Minister, the amending by-law must be published in accordance with the procedure prescribed for the publication of public notices, with a notice stating that any person wishing to object to the approval of the by-law must so inform the Minister in writing within the 30 days.

Resolution.

If the special tax is imposed under a loan resolution, the council may proceed by resolution rather than by by-law. This section applies, with the necessary modifications, to the approval of the resolution.

1975, c. 66, s. 29; 1977, c. 5, s. 14; 1984, c. 38, s. 40; 1992, c. 27, s. 23; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Applicable provisions.

566. Sections 564 and 565 apply to every loan by-law or resolution, except in the case of a temporary loan, whatever the Act under which it was passed.

1975, c. 66, s. 29; 1984, c. 38, s. 40.

Application.

567.  (1) The provisions of this subdivision 30 shall apply to by-laws enacting an issue of bonds to pay off a debt by delivery of bonds to the creditors, or to grant assistance where the same is permitted.

Temporary loans.

 (2) The council may, by resolution, order temporary loans for the payment of current administration expenses or expenses for which payment of a subsidy by the Government or one of its ministers or agencies is assured and may contract them on the conditions and for the period it determines.

Temporary loans.
The council may also contract temporary loans to pay all or part of the expenses made under a loan by-law.

Subsidized works.

 (3) A municipality which incurs expenses in respect of all or any part of which payment of a subsidy by the Government or one of its ministers or agencies is assured may, by by-law requiring the approval of only the Minister of Municipal Affairs, Regions and Land Occupancy, order a loan for an amount not exceeding the amount of the subsidy and for a term corresponding to the period fixed for the payment of the subsidy.

Deemed amount.
For the purposes of the first paragraph, the amount of the loan is deemed not to exceed that of the subsidy if the amount by which the former exceeds the latter is not greater than 10% and corresponds to the amount needed to pay the interest on the temporary loan contracted and the financing expenses related to the securities issued.

R. S. 1964, c. 193, s. 603; 1968, c. 55, s. 149; 1969, c. 55, s. 28; 1977, c. 5, s. 14; 1979, c. 72, s. 321; 1982, c. 63, s. 147; 1984, c. 38, s. 41; 1992, c. 27, s. 24; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2004, c. 20, s. 101; 2005, c. 28, s. 54, s. 196; 2009, c. 26, s. 109.

Disqualification of council member.

568. The member of a council who, knowingly, by his vote or otherwise, authorizes the municipality to make or makes on its behalf a loan exceeding the approved amount or a loan which has not received one or another of the approvals contemplated in this subdivision 30, when such approval is required by law or by the charter, may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

Liability.

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

Proceedings.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Proceedings.

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

1975, c. 66, s. 30; 1968, c. 55, s. 5; 1977, c. 52, s. 19; 1987, c. 57, s. 726; 1999, c. 40, s. 51.

§ 31. —  Working fund

Working fund.

569.  (1) The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working fund”, or increase the amount of it; to that effect, it shall pass a by-law

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

(a.1)  to order a loan,

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish two or all of the above operations.

Amount.

In the case of subparagraph b of the first paragraph, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of subparagraph c of the first paragraph, if the operation provided for in subparagraph b of the first paragraph is accomplished, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

Working fund.

The by-law ordering a loan to constitute or increase the amount of the working fund must, for the repayment of the loan, prescribe the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax based on the municipal valuation on all the taxable immovables in the territory of the municipality, and indicate the term of the loan, which must not exceed 10 years.

Maximum amount.

 (1.1) In no case may the amount of the fund exceed 20% of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

Capital expenditures.

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

 (2.1) (Subsection replaced).

Investments.

 (3) The available moneys of such fund must be invested in accordance with section 99.

Interest.

 (4) The interest on the working fund and the compensatory sum provided for in section 569.0.3 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected.

Abolition of the working fund.

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

Disqualification of council member.

 (5) The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in subsection 1.1;

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974;

(c)  the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in subsection 4.1,

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

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

Proceedings.
Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

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

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25; 1999, c. 40, s. 51; 2004, c. 20, s. 102; 2005, c. 50, s. 16; 2006, c. 31, s. 28; 2008, c. 18, s. 28.

Repayment.

569.0.1. Every year, the council shall provide out of its general revenue a sum sufficient to repay a loan from the working fund.

2008, c. 18, s. 29.

Special tax.

569.0.2. If the loan is used to pay a capital expenditure incurred for the benefit of a specific sector of the territory of the municipality, the council may decide to reimburse the fund by means of either a special tax imposed on all the taxable immovables situated in the sector or compensation payable by the owners or occupants of those immovables.

By-law.

In such a case, the council shall authorize the loan from the working fund by a by-law that specifies the amount of the loan and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed 10 years, and must impose a special tax on all the taxable immovables situated in the sector or require compensation from the owners or occupants of those immovables.

2008, c. 18, s. 29.

Tax or compensation.

569.0.3. The tax imposed or compensation required must provide for the repayment of the loan and the payment of a compensatory amount that may be determined by resolution and must be equal to the interest that would be payable if the municipality, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the municipality, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 29.

Instalment.

569.0.4. If the by-law imposes a special tax that is not based on the value of the immovable, the by-law may provide that the ratepayer on whose immovable the tax is imposed may, on the conditions set out in the by-law, exempt the immovable from the tax by paying in one instalment the portion of the principal that, upon maturity of the loan, would have been provided by the tax imposed on that immovable. If the by-law requires compensation, it may provide that the owner or occupant from whom compensation is required may obtain an exemption in the same manner, with the necessary modifications.

Calculation of share.

The share payable is calculated, in the case of a property tax, according to the assessment roll in force at the time the ratepayer makes the payment, taking into account any taxes paid under the by-law before the payment. In the case of compensation, the share is calculated according to the apportionment provided for in the by-law, as it applies at the time of the payment.

Reduced amount.

The amount of the moneys to be provided by the tax or compensation is reduced by the amount of any sum paid under this section.

Exemption.

The payment exempts the immovable from the special tax or the owner or occupant from the compensation for the remainder of the term of repayment specified in the by-law.

2008, c. 18, s. 29.

Approval.

569.0.5. The by-law is subject to the approval of the qualified voters of the sector.

Municipality of 100,000 or more inhabitants.

However, a by-law adopted by the council of a municipality of 100,000 or more inhabitants is not subject to such approval when it authorizes a loan from the working fund for an expenditure and a loan by-law for that type of expenditure would have been exempted from such approval.

2008, c. 18, s. 29.

§ 31.1. —  Financial reserves
1997, c. 93, s. 65.

Establishment of reserve.

569.1. The council may, by by-law, establish for the benefit of the entire territory of the municipality or of a specific sector a financial reserve for a specific purpose for the financing of expenditures.

Duration.

The duration of existence of a reserve must be determined, unless the fixing of such a limit would be incompatible with the purpose for which the reserve is established.

1997, c. 93, s. 65; 2001, c. 68, s. 19.

Composition.

569.2. A financial reserve shall be made up of the sums allocated to it each year and interest earned on the sums.

Composition.

A reserve established for the benefit of the entire territory of the municipality may be made up of sums from the portion of the general fund of the municipality allocated for that purpose by the council, of the excess amount referred to in section 244.4 of the Act respecting municipal taxation (chapter F-2.1) from a mode of tariffing established by the municipality under section 244.1 of that Act, or of sums from a special tax provided for in the budget for that purpose and imposed on the taxable immovables in the entire territory of the municipality.

Composition.

A reserve established for the benefit of a specific sector may be made up only of sums from a special tax provided for in the budget for that purpose and imposed on the taxable immovables situated in that sector or from the excess amount referred to in section 244.4 of the Act respecting municipal taxation from a mode of tariffing established by the municipality in respect of that sector under section 244.1 of that Act.

1997, c. 93, s. 65; 2001, c. 68, s. 20.

Content of by-law.

569.3. The by-law establishing a financial reserve must be submitted for approval to the qualified voters of the entire territory of the municipality or of the sector for whose benefit the reserve is established. The by-law must set out

 (1) the purpose for which the reserve is established;

 (2) the projected amount of the reserve;

 (3) the mode of financing of the reserve;

 (4) in the case of a reserve of specified duration, the duration of the existence of the reserve;

 (5) the allocation of the amount, if any, by which income exceeds expenditures at the end of the existence of the reserve.

Content of by-law.

The by-law shall also state that the reserve is established for the benefit of the entire territory of the municipality or for the benefit of a specific sector, and shall, in the latter case, describe the limits of the sector.

Approval not required.

The approval required under the first paragraph is not required where a reserve is established to meet a requirement of the Government, a minister or a government body as a result of the application of an Act or regulation or to finance election-related expenditures.

1997, c. 93, s. 65; 2001, c. 68, s. 21; 2010, c. 18, s. 31.

Expenditures.

569.4. All expenditures necessary for the carrying out of the purpose for which the reserve was established must have been made on or before the date on which the reserve ceases to exist.

Statement.

The treasurer must file not later than at the last sitting of the council before that time a statement of the income and expenditures of the reserve.

Excess income.

The council shall allocate the amount, if any, by which the reserve's income exceeds its expenditures in accordance with the provisions of the by-law under which the reserve was established. If there is no such provision, any amount in excess shall be paid into the general fund.

1997, c. 93, s. 65.

Projected amount.

569.5. A by-law establishing a financial reserve may not provide for a projected amount that, if added to the projected amounts of reserves already established by by-law and still in existence, results in an amount exceeding the higher of

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

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

Working fund.

Where a working fund is constituted under section 569, the maximum amount provided for in the first paragraph is reduced by the amount of the working fund.

Amount not calculated.

As regards a reserve referred to in the third paragraph of section 569.3, the amount of such a reserve shall not enter into the calculation of the maximum amount provided for in the first paragraph.

1997, c. 93, s. 65; 2001, c. 68, s. 22.

Investment.

569.6. The sums allocated to a financial reserve established under this subdivision must be invested in accordance with section 99.

1997, c. 93, s. 65.

§ 31.2. —  Financial reserves for the supply of water and for roads
2005, c. 28, s. 55; 2005, c. 50, s. 17.

Creation.

569.7. A municipality may, for the benefit of its whole territory, create a financial reserve to finance expenditures related to the supply of water or to roads.

Supply of water defined.

The supply of water includes all matters related to waterworks, sewers, and, in general, water supply and water purification.

Duration.

The duration of the reserve is unlimited.

2005, c. 28, s. 55; 2005, c. 50, s. 18.

Composition.

569.8. The reserve is made up of

 (1) any revenues from the tax under section 569.11 which are of right allocated to the reserve;

 (2) the sums the municipality annually allocates to the reserve out of its general fund or its revenues from

(a)  any tax, other than the tax under section 569.11, or any tariff, if the tax or tariff is imposed either for the supply of water or for roads;

(b)  any subsidy or other liberality not reserved for a purpose other than the purposes for which the reserve is created;

 (3) the interest earned on the capital allocated to the reserve under subparagraph 1 or 2.

2005, c. 28, s. 55; 2005, c. 50, s. 19.

Content of resolution.

569.9. The resolution creating the reserve must set out the amount and the mode of financing the municipality proposes for the reserve.

Purpose specified.

It must specify that the reserve is created for the benefit of the whole territory of the municipality, for the purpose of financing the expenditures referred to in section 569.7.

2005, c. 28, s. 55.

Sums invested.

569.10. The sums allocated to the reserve must be invested in accordance with section 99.

2005, c. 28, s. 55.

Special annual tax.

569.11. In addition to any property or rental tax and any tariff it may impose either for the supply of water or for roads, a municipality that has a reserve under section 569.7 may, by by-law, impose a special annual tax on all the taxable immovables in its territory on the basis of their taxable value.

Tax rate.

The tax rate may vary according to the classes of immovables determined by the by-law.

2005, c. 28, s. 55; 2005, c. 50, s. 20.

§ 32. —  Expropriations

Power to expropriate.

570. The council may, by complying with the provisions of sections 571 and 572 and the expropriation procedure established by law,

 (a) expropriate any immovable property, any part thereof or any servitude required for the execution of works ordered by it within its jurisdiction;

 (b) expropriate the whole or part of any paved or stoned road in the territory of the municipality and belonging to persons, partnerships or legal persons established for a private interest;

 (c) expropriate any immovable property, any part thereof or any servitude it may need for any municipal purpose, including the parking of motor vehicles.

Right not affected.

The foregoing provisions of this section shall not be regarded as restricting the right which the council may otherwise have to acquire, by mutual agreement, immovables for the same purposes.

R. S. 1964, c. 193, s. 605; 1996, c. 2, s. 210; 1999, c. 40, s. 51.

Properties not subject to expropriation.

571. The council may not, without the authorization of the Government expropriate the following properties:

 (1) property belonging to the State, or held in trust for its use;

 (2) property occupied by the Federal Government or the Gouvernement du Québec;

 (3) property held or occupied by railway companies, fabriques, or religious, charitable or educational institutions or corporations;

 (4) cemeteries, bishops' palaces, parsonages, and their dependencies;

 (5) property required to operate an enterprise referred to in section 17.1 or 111 of the Municipal Powers Act (chapter C-47.1).

R. S. 1964, c. 193, s. 606; 1977, c. 5, s. 14; 1999, c. 40, s. 51; 2006, c. 31, s. 29.

Special notice.

572. A special notice of the petition to obtain the authorization contemplated in section 571 must be served on each owner concerned and such notice shall state that after 30 days the petition will be submitted to the Government and that any opposition must be forwarded in writing to the Minister of Municipal Affairs, Regions and Land Occupancy within such time.

R. S. 1964, c. 193, s. 607; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

§ 33. —  Awarding of contracts

573.  (1) The following contracts, if they involve an expenditure of $100,000 or more, may only be awarded after a call for public tenders by way of an advertisement in a newspaper:

(1)  insurance contracts;

(2)  contracts for the performance of work;

(3)  contracts for the supply of equipment or materials;

(4)  contracts for the supply of services other than professional services

(a)  referred to in section 573.3.0.2;

(b)  necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions.

For the purposes of this subsection, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

A call for public tenders for a construction, supply or services contract involving an expenditure of $100,000 or more must

(1)  be published by means of the electronic tendering system approved by the Government for the purposes of the Act respecting contracting by public bodies (chapter C-65.1) and in a newspaper in the territory of the municipality or, if there is no such newspaper, in a publication specialized in the field and sold mainly in Québec; and

(2)  provide that any document to which it refers and any additional related document may only be obtained by means of that system.

For the purposes of the third paragraph,

(1)  “construction contract”: means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract”: means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services.

 (2) The time for the receipt of tenders shall not be less than eight days.

However, in the case of tenders in relation to a contract referred to in the third paragraph of subsection 1, the time limit for the receipt of tenders shall not be less than 15 days.

 (2.0.1) A call for public tenders may provide that the municipality reserves the right to reject any tender from a contractor or supplier having received an unsatisfactory performance assessment in the two years before the tender opening date.

For the purposes of the first paragraph, a municipality may only use an unsatisfactory performance assessment if the assessment meets the following conditions:

(1)  it relates to the carrying out of a contract awarded by the municipality or by the body responsible for carrying out an agreement to which the municipality is a party and which was entered into under section 29.5, 29.9.1 or 29.10;

(2)  it was carried out by the person designated for that purpose by the council of the municipality or by the body;

(3)  it is included in a report a copy of which was sent to the contractor or supplier not later than the 60th day after the termination of the contract concerned;

(4)  the contractor or supplier was given at least 30 days after receiving a copy of the report referred to in subparagraph 3 to submit comments in writing to the municipality or body; and

(5)  after comments submitted under subparagraph 4 have been examined, it is a final assessment, having been approved by the council of the municipality or by the body not later than the 60th day after receipt of those comments or, if no comments were submitted, after the expiry of the period specified in subparagraph 4 for submitting comments. A certified copy of the approved assessment must be sent to the contractor or supplier.

The Minister shall draw up a guide setting out the elements that may be considered in carrying out a performance assessment.

The guide is made available to the public in the manner determined by the Minister.

 (2.1) A call for public tenders in relation to a contract referred to in the third paragraph of subsection 1 may also provide that only tenders meeting one of the following conditions will be considered:

(1)  the tenders are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a territory covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality; or

(2)  the goods concerned are produced in a territory comprising Québec and any territory referred to in paragraph 1.

 (3) Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

 (3.1) Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and until the opening of tenders, no member of a council or officer or employee of the municipality may disclose information that may be used to determine the number of persons or the identity of the persons who have submitted a tender or requested a copy of the call for tenders, of a document to which it refers or of an additional related document. The prohibition with respect to disclosing information also applies to the operator of the electronic tendering system described in the third paragraph of subsection 1 and the operator's employees, except with respect to information that may be used to determine the identity of a person who requested a copy of any of those documents, provided that person expressly authorized the operator to disclose such information.

 (4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.

 (5) All those who have tendered may be present at the opening of the tenders.

 (6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

 (7) Subject to sections 573.1.0.1 and 573.1.0.1.1, the council shall not, without the previous authorization of the Minister of Municipal Affairs, Regions and Land Occupancy, award the contract to any person except the one who made the lowest tender within the prescribed time.

 (8) If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed time, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed time.

 (9) (Subsection repealed).

R. S. 1964, c. 193, s. 610; 1977, c. 52, s. 21; 1979, c. 36, s. 92; 1983, c. 57, s. 60; 1987, c. 57, s. 728; 1992, c. 27, s. 26; 1995, c. 34, s. 23; 1996, c. 27, s. 35; 1997, c. 53, s. 7; 1997, c. 93, s. 66; 1997, c. 53, s. 7; 1998, c. 31, s. 24; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2001, c. 25, s. 33; 2001, c. 68, s. 23; 2002, c. 37, s. 84; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 22, s. 109; 2010, c. 18, s. 32; 2010, c. 1, s. 11; 2010, c. 18, s. 32; 2012, c. 30, s. 2.

Call for tenders by written invitation.

573.1. A contract referred to in any of the subparagraphs of the first paragraph of subsection 1 of section 573 or in section 573.3.0.2 may only be awarded after a call for tenders, by way of written invitation, to at least two contractors or two suppliers, as the case may be, if it involves an expenditure of at least $25,000 and of less than $100,000.

Provisions applicable.

The first paragraph of subsection 2 and subsections 3 to 8 of section 573 apply to the awarding of a contract referred to in the first paragraph.

1977, c. 52, s. 22; 1979, c. 36, s. 93; 1992, c. 27, s. 27; 1996, c. 27, s. 36; 1996, c. 27, s. 36; 1997, c. 53, s. 8; 1999, c. 43, s. 13; 2001, c. 25, s. 34; 2002, c. 37, s. 85.

Bid weighting system.

573.1.0.1. Subject to section 573.1.0.1.1, the council may choose to use a system of bid weighting and evaluating whereby each bid obtains a number of points based on the price as well as on the quality or quantity of goods, services or work, the delivery procedure, servicing, the experience and financial capacity required of the insurer, supplier or contractor or on any other criteria directly related to the procurement.

Call for tenders.

Where the council chooses to use such a system, the call for tenders or any document to which it refers shall mention all the requirements and all criteria that will be used for evaluating the bids, as well as the weighting and evaluation methods based on those criteria.

Award.

In such a case, the council shall not award the contract to a person other than the person whose bid was received within the time fixed and obtained the highest score.

Lowest tender.

For the purposes of subsection 8 of section 573, the bid having received the highest score shall be considered to be the lowest tender.

1997, c. 53, s. 9; 2002, c. 37, s. 86.

Bid weighting and evaluating system.

573.1.0.1.1. Where a contract for professional services is to be awarded, the council must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

 (1) the system must have a minimum of four evaluation criteria in addition to price;

 (2) the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

 (3) the council shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding subsections 4 and 6 of section 573;

(e)   establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.

Requirements and criteria.

The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.

Selected bidder.

The council shall not award the contract to a person other than

 (1)  the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;

 (2) where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;

 (3) where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.

Lowest tender.

For the purposes of subsection 8 of section 573, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

Delegation of powers.

The council may adopt a by-law delegating the power to establish a selection committee to an officer or employee of the municipality and setting the conditions and procedures for the exercise of the delegated power.

Other contracts.

Where a contract not covered by the first paragraph is to be awarded, the council may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third, fourth and fifth paragraphs apply.

2002, c. 37, s. 87; 2006, c. 60, s. 28.

Qualification process.

573.1.0.2. The council may establish a qualification process which shall not discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

Discrimination.

However, where the council establishes a qualification process solely for the purposes of awarding a contract referred to in the third paragraph of subsection 1 of section 573, the process may discriminate as permitted in the case of a call for public tenders in relation to such a contract under subsection 2.1 of section 573.

Notice.

The municipality shall invite the interested parties to obtain their qualification or the qualification of their goods or services, by causing the clerk to publish a notice to that effect in accordance with the rules set out in the third paragraph of subsection 1 of section 573.

1997, c. 53, s. 9.

Certification.

573.1.0.3. A call for tenders may stipulate that the goods, services, insurers, suppliers or contractors concerned by or able to satisfy the call for tenders must first be certified, qualified or registered by an organization accredited by the Standards Council of Canada or first be certified or qualified under the process provided for in section 573.1.0.2.

Exception.

The first paragraph does not apply where, under the process provided for in section 573.1.0.2, only one insurer, supplier or contractor has become qualified.

1997, c. 53, s. 9.

Discrimination.

573.1.0.4. Subject to subsections 2.1 and 8 of section 573 and sections 573.3.0.1 and 573.3.1.1, no call for public tenders or document to which it refers shall discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

1997, c. 53, s. 9; 2001, c. 25, s. 35; 2010, c. 1, s. 12.

573.1.0.5. If the council uses a system of bid weighting and evaluating described in section 573.1.0.1 to award a contract described in the second paragraph, it may, in the call for tenders, provide that the opening of tenders will be followed by individual discussions with each tenderer to further define the technical or financial aspects of the project and allow the tenderer to submit a final tender that reflects the outcome of those discussions.

The contracts concerned are those by which the municipality entrusts to a person the operation of a park, a facility or place designed for the practice of cultural, recreational or community activities, a convention centre or an exhibition centre.

A call for tenders for such contracts must also contain

 (1) the rules for breaking a tie in the points assigned to final tenders by the selection committee;

 (2) the procedure and the time period, which may not exceed six months, for holding discussions; and

 (3) provisions allowing the municipality to ensure compliance at all times with the rules applicable to it, in particular with respect to access to the documents of public bodies and the protection of personal information.

The council shall establish a selection committee consisting of at least three members, other than council members; the committee shall evaluate each final tender and, for each criterion mentioned in the call for tenders described in the first paragraph, assign points which the secretary of the selection committee shall record in the secretary's report referred to in section 573.1.0.12.

2011, c. 33, s. 11.

573.1.0.6. In addition to any publication required under subparagraph 1 of the third paragraph of subsection 1 of section 573, every call for final tenders must be sent in writing to each tenderer referred to in the first paragraph of section 573.1.0.5.

2011, c. 33, s. 11.

573.1.0.7. In the case of a call for tenders described in section 573.1.0.5 or 573.1.0.6, the prohibition set out in subsection 3.1 of section 573 applies until the reports referred to in section 573.1.0.12 are tabled.

2011, c. 33, s. 11.

573.1.0.8. Subsections 4 to 6 of section 573 do not apply to a tender submitted following a call for tenders described in section 573.1.0.5 or 573.1.0.6.

Such tenders must be opened in the presence of the secretary of the selection committee; the secretary shall record the names of the tenderers and the price of each tender in the report referred to in section 573.1.0.12.

2011, c. 33, s. 11.

573.1.0.9. If the council establishes a qualification process described in section 573.1.0.2 to award a single contract under section 573.1.0.5, it may set a limit, which may not be less than three, on the number of suppliers to which it will grant qualification.

2011, c. 33, s. 11.

573.1.0.10. Any provision required in order to bring the parties to enter into a contract may be negotiated with the person that obtained the highest score, provided the provision conserves the basic elements of the calls for tenders described in sections 573.1.0.5 and 573.1.0.6 and the basic elements of the tender.

2011, c. 33, s. 11.

573.1.0.11. The discussions and negotiations described in sections 573.1.0.5 and 573.1.0.10 are, in the case of the municipality, under the responsibility of a person identified in the call for tenders who may neither be a council member nor a member or the secretary of the selection committee. The person shall record the dates and subjects of any discussions or negotiations in that person's report referred to in section 573.1.0.12.

2011, c. 33, s. 11.

573.1.0.12. The contract may not be entered into before the secretary of the selection committee and the person referred to in section 573.1.0.11 table their reports before the council.

The report of the person referred to in section 573.1.0.11 must certify that any discussions or negotiations were carried out in compliance with the applicable provisions and that all tenderers were treated equally. The report of the secretary of the selection committee must do likewise with respect to every other step of the tendering process.

2011, c. 33, s. 11.

Leasing contract.

573.1.1. A municipality may enter into a leasing contract in respect of movable property that must be acquired by tender in accordance with section 573 or 573.1, provided it discloses, in the call for tenders, that it will have the option to enter into a leasing contract in respect of the property.

Notice.

A municipality which opts to enter into a leasing contract must give notice thereof in writing to the successful tenderer. Upon receipt of the notice, the latter must enter into a contract in respect of the movable property, in accordance with the conditions subject to which his tender was accepted, with the lessor which the municipality designates in the notice.

1992, c. 27, s. 28.

Renewal.

573.1.2. An insurance contract awarded by tender for a period of less than five years may, upon termination, be renewed without calling for tenders for one or several terms which, added to the initial term, must in no case exceed five years. Premiums may, after the initial term, be modified for the duration of a new term.

1992, c. 27, s. 28; 1996, c. 27, s. 37.

Contract for the transport of bulk material.

573.1.3. A municipality may, in a contract awarded in accordance with section 573 or 573.1 involving the transport of bulk material, stipulate that small bulk trucking enterprises subscribing to the brokerage service of an association holding a brokerage permit issued under the Transport Act (chapter T-12) shall participate in the performance of the contract in the proportion and on the conditions determined by the municipality, in particular as regards the applicable tariff.

1999, c. 38, s. 1.

Contract for case of irresistible force.

573.2. Despite sections 573, 573.1 and 573.3.0.2, in case of irresistible force of such a nature as to imperil the life or health of the population or seriously damage the equipment of the municipality, the mayor may order any expenditure deemed necessary and award any contract necessary to remedy the situation. In such a case, the mayor must make a report of such action and the reasons therefor to the council at its next sitting. However, if the municipality has an executive committee, and if such committee sits before the next sitting of the council, the mayor shall make a substantiated report to such committee. The mayor's report shall then be tabled in council at the next sitting.

1977, c. 52, s. 22; 2006, c. 60, s. 29.

Provisions not applicable.

573.3. Sections 573, 573.1 and 573.3.0.2 do not apply to a contract

 (1) whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

 (2) whose object is the supply of insurance, equipment, materials or services and that is entered into with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the territories covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in section 573.3.0.2, the only one within Québec that is in a position to provide the services;

 (2.1) whose object is the supply of insurance, equipment, materials or services other than the collection, transport, transfer, recycling or recovery of residual materials and that is entered into with a non-profit agency;

 (3) whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

 (4) whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

 (5) whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

 (6) whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept.

 (7) whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

 (8) whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas;

 (9) whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative; or

 (10) whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, sections 573.1 and 573.3.0.2 do not apply to a contract entered into with the designer of those plans and specifications for

 (1) their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

 (2) the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

Exception.

Section 573.1 does not apply to a contract covered by the regulation in force made under section 573.3.0.1.

1977, c. 52, s. 22; 1979, c. 36, s. 94; 1985, c. 27, s. 35; 1996, c. 2, s. 209; 1999, c. 82, s. 19; 2001, c. 25, s. 36; 2001, c. 68, s. 24; 2002, c. 37, s. 88; 2003, c. 19, s. 132; 2005, c. 28, s. 56; 2006, c. 60, s. 30; 2009, c. 26, s. 23; 2010, c. 18, s. 33; 2010, c. 42, s. 4.

Regulation.

573.3.0.1. The Government shall, by regulation, establish the rules relating to the awarding of a contract referred to in section 573.3.0.2.

Awarding procedure.

The regulation must determine the procedure for awarding such a contract, requiring it to be awarded after a call for public tenders published in an electronic tendering system approved by the Government, after the use of a register of suppliers or according to any other procedure it specifies, including the choice of the contracting party by agreement. The regulation must also provide for the cases where subsection 7 of section 573 applies to a contract covered by the regulation.

Categories.

The regulation may prescribe categories of contracts, professional services, awarding procedures, amounts of expenditures or territories for calls for tenders, combine categories and make different rules according to the categories or combinations. It may also provide in which cases, when a system of bid weighting and evaluating is used, it is not necessary for price to be one of the evaluation criteria, and provide for the cases where a municipality must, to award a contract, obtain the authorization or approval of the Government or one of its ministers or bodies or comply with any rules they have established governing the awarding of contracts.

Register of suppliers.

Where the regulation determines that a contract is to be awarded after the use of a register of suppliers, it must designate the body responsible for the establishment of the register and for its management and financing and must set out, in particular, the rules that apply to the registration of suppliers and to their selection as suppliers who may tender.

Rate schedule.

The regulation may establish, in respect of the contracts it specifies, a rate schedule fixing the maximum hourly rate that may be paid by a municipality.

2001, c. 25, s. 37; 2001, c. 68, s. 25; 2002, c. 37, s. 89.

573.3.0.2. A contract for the supply of services that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered professional accountant, advocate or notary, except if the service is necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions, if it involves an expenditure of $100,000 or more or an expenditure of less than that amount where the regulation so provides, must be awarded in accordance with the regulation under section 573.3.0.1.

2001, c. 25, s. 37; 2001, c. 68, s. 26; 2002, c. 37, s. 90; 2012, c. 11, s. 33.

Division of a contract.

573.3.0.3. A municipality may not divide into several contracts having similar subject-matter an insurance contract or a contract for the performance of work, the supply of equipment or materials or the providing of services other than professional services necessary for the purposes of a proceeding before a tribunal, a body or a person exercising judicial or adjudicative functions, unless the division is warranted on grounds of sound administration.

2001, c. 25, s. 37.

Prohibition.

573.3.0.4. A municipality may not amend a contract awarded following a call for tenders unless the amendment is accessory and does not change the nature of the contract.

2010, c. 18, s. 34.

Authorization.

573.3.1. The Minister of Municipal Affairs, Regions and Land Occupancy may, on the conditions he determines, authorize a municipality to award a contract without calling for tenders or otherwise than in accordance with a regulation made under section 573.3.0.1 or 573.3.1.1, authorize the municipality to award a contract after calling for tenders by written invitation rather than by publication in a newspaper or rather than as required in the regulation, or authorize the municipality to award a contract to the winner of a design competition it holds. The Minister may, on his own initiative, exercise that power in respect of all municipalities or any category of municipalities for a contract or any class thereof.

Exception.

The first paragraph does not apply where calls for tenders are required to be public under an intergovernmental trade liberalisation agreement applicable to the municipality.

1996, c. 27, s. 38; 1997, c. 53, s. 10; 1998, c. 31, s. 25; 1999, c. 43, s. 13; 2001, c. 25, s. 38; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2010, c. 1, s. 13; 2010, c. 18, s. 35.

Regulation.

573.3.1.1. In compliance with any applicable intergovernmental agreement on the opening of public procurement, the Government may make regulations to

 (1) determine any authorization, condition or rule relating to the awarding of contracts, in addition to those set out or provided for in this Act, to which a contract is subject;

 (2) determine the documents relating to compliance with certain Acts and regulations that a person interested in entering into a contract with a municipality or a subcontract related to such a contract must hold, and the cases, conditions and manner in or on which they are to be obtained, held and filed; and

 (3) determine the regulatory provisions made under this section the violation of which constitutes an offence.

Categories of contracts.

The regulation may prescribe categories of contracts or municipalities, combine categories and determine different authorizations, conditions or rules relating to the awarding of contracts, according to the categories or combinations.

The regulation may apply to any contract entered into by a municipality, including a contract that is not described in any of the subparagraphs of the first paragraph of subsection 1 of section 573 or in section 573.3.0.2.

The Minister of Revenue is responsible for the administration and carrying out of the regulatory provisions made under subparagraphs 2 and 3 of the first paragraph if so provided in the regulation. To that end, the Tax Administration Act (chapter A-6.002) applies with the necessary modifications.

An employee of the Commission de la construction du Québec, the Commission de la santé et de la sécurité du travail or the Régie du bâtiment du Québec authorized by the Minister of Revenue may exercise the functions and powers of the Minister relating to the administration and carrying out of the regulatory provisions referred to in the fourth paragraph.

2010, c. 1, s. 14; 2011, c. 18, s. 41.

573.3.1.1.1. Every person who contravenes a regulatory provision the violation of which constitutes an offence under subparagraph 3 of the first paragraph of section 573.3.1.1 is liable to a fine of $500 to $5,000.

In the case of a subsequent offence, the minimum and maximum fines are doubled.

2011, c. 18, s. 42.

Contract management policy.

573.3.1.2. Every municipality must adopt a contract management policy.

Scope.

Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of subsection 1 of section 573 or in section 573.3.0.2.

Content of policy.

The contract management policy must include

 (1) measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;

 (2) measures to ensure compliance with any applicable anti-bid-rigging legislation;

 (3) measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

 (4) measures to prevent intimidation, influence peddling and corruption;

 (5) measures to prevent conflict of interest situations;

 (6) measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and

 (7) measures to govern the making of decisions authorizing the amendment of a contract.

Policy available on website.

Every municipality must make its policy available at all times by publishing it on the website on which it posts the statement and hyperlink required under the second paragraph of section 477.6.

Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the clerk must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

Restriction.

As regards non-compliance with a measure included in the contract management policy, section 573.3.4 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.

2010, c. 1, s. 14; 2010, c. 18, s. 36; 2010, c. 42, s. 5.

Obtention of movable property or service.

573.3.2. A municipality may obtain any movable property or service from or through the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).

Non-application of sections 573, 573.1, 573.3.0.2.

To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, sections 573, 573.1 and 573.3.0.2 and the regulation under section 573.3.1.1 do not apply to contracts entered into by the municipality with or through the Centre de services partagés du Québec in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1).

1999, c. 59, s. 8; 2000, c. 8, s. 243; 2005, c. 7, s. 59; 2006, c. 60, s. 31; 2006, c. 29, s. 52; 2010, c. 1, s. 15.

Only one conforming tender.

573.3.3. Where, following a call for tenders, the municipality receives only one conforming tender, the municipality may agree with the tenderer to enter into the contract for a price less than the tendered price without, however, changing the other obligations, if there is a substantial difference between the tendered price and the price indicated in the estimate established by the municipality.

2002, c. 37, s. 91.

Contract.

573.3.3.1. For the purposes of the preceding sections of this subdivision and the sections of a regulation under section 573.3.0.1 or 573.3.1.1, a contract by which a municipality implicitly delegates the exercise of a municipal power is considered a contract for the supply of services.

2005, c. 50, s. 21; 2010, c. 1, s. 16.

573.3.3.2. Division I of Chapter V.1 of the Act respecting contracting by public bodies (chapter C-65.1) applies with the necessary modifications to any municipal contract for the performance of work or the supply of insurance, equipment, materials or services.

For the purposes of the provisions of Chapter V.1 of that Act, except section 21.8, the contracts referred to in the first paragraph are deemed to be public contracts and every municipality is deemed to be a public body, and the Minister of Municipal Affairs, Regions and Land Occupancy exercises, in respect of those contracts, the responsibility conferred on the Conseil du trésor by section 21.3 of that Act and that conferred on the minister responsible by section 21.5 of that Act.

2011, c. 17, s. 41; 2011, c. 35, s. 42.

573.3.3.3. Sections 21.17 to 21.20, 21.25, 21.34, 21.38, 21.39, 21.41, 27.6 to 27.9, 27.11, 27.13 and 27.14 of the Act respecting contracting by public bodies (chapter C-65.1) apply, with the necessary modifications, in respect of any municipal contract that involves an expenditure equal to or greater than the amount determined by the Government under section 21.17 of that Act and pertains to the performance of work or the supply of insurance, equipment, materials or services.

For the purposes of those sections, any contract referred to in the first paragraph is deemed to be a public contract, any subcontract that involves an expenditure equal to or greater than the amount determined by the Government under section 21.17 of that Act and is directly or indirectly related to such a contract is deemed to be a public subcontract, every municipality is deemed to be a public body, and the Minister of Municipal Affairs, Regions and Land Occupancy exercises, in respect of those public contracts and subcontracts, the responsibilities conferred on the Conseil du trésor or its Chair.

2012, c. 25, s. 40.

Liability and disqualification.

573.3.4. A member of the council who knowingly fails to comply with the prohibition set out in subsection 3.1 of section 573 or who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules or measures set out or provided for in the preceding sections of this subdivision, in a regulation made under section 573.3.0.1 or 573.3.1.1 or in the policy adopted under section 573.3.1.2 may be held personally liable toward the municipality for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an officer or employee of a municipality or such a body.

Liability.

The liability provided for in the first paragraph is solidary and applies to every officer or employee of the municipality and to every person who knowingly is a party to the illegal act.

Disqualification proceedings.

Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities.

2002, c. 37, s. 91; 2010, c. 1, s. 17.

Provisions applicable.

573.4. Sections 573 to 573.3.4 prevail over any inconsistent provision of any special Act in force on 19 December 2000, except that:

 (a) section 573 has no effect against any provision of a special Act authorizing the council to exempt the executive committee from the formalities pertaining to public tenders, to the extent provided by the said provision;

 (b) the awarding of contracts remains within the competence of the executive committee where that is the rule under the Act governing the municipality.

1979, c. 36, s. 94; 1992, c. 27, s. 29; 1996, c. 2, s. 205; 1996, c. 27, s. 39; 1999, c. 59, s. 9; 2000, c. 56, s. 121; 2002, c. 37, s. 92.

573.5. (Repealed).

1983, c. 57, s. 61; 1994, c. 17, s. 18; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 194.

573.6. (Repealed).

1983, c. 57, s. 61; 2005, c. 6, s. 194.

573.7. (Repealed).

1983, c. 57, s. 61; 1994, c. 17, s. 19; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 194.

573.8. (Repealed).

1983, c. 57, s. 61; 1984, c. 38, s. 43; 1994, c. 17, s. 20; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 194.

573.9. (Repealed).

1983, c. 57, s. 61; 2005, c. 6, s. 194.

573.10. (Repealed).

1983, c. 57, s. 61; 1990, c. 85, s. 122; 2000, c. 56, s. 218; 2005, c. 6, s. 194.

573.11. (Repealed).

1986, c. 31, s. 15; 2005, c. 6, s. 194.

573.12. (Repealed).

1994, c. 33, s. 18; 2005, c. 6, s. 194.

573.13. (Repealed).

1994, c. 33, s. 18; 2005, c. 6, s. 194.

DIVISION XI.1 
MUNICIPAL OMBUDSMAN
2006, c. 60, s. 32.

“Municipal Ombudsman”.

573.14. For the purposes of this division, “Municipal Ombudsman” means the person appointed or body created under the first paragraph of section 573.15.

2006, c. 60, s. 32.

Resolution

573.15. The council may, by a resolution adopted by a two-thirds majority vote of its members, appoint a person to act as Municipal Ombudsman or create a body to act in that capacity and appoint its members.

Content of resolution.

In addition to what is provided in this division, the resolution must determine the term, rights, powers and obligations of the person or of the body and its members.

Two-thirds majority.

A two-thirds majority vote of the council members is required for the council to dismiss the person, abolish the body or dismiss a member of the body.

2006, c. 60, s. 32.

Restrictions.

573.16. In no case may the following persons act as Municipal Ombudsman or be a member of a body created to act in that capacity

 (1) a member of the council or of a borough council of the municipality;

 (2) an associate of a member mentioned in subparagraph 1; or

 (3) a person who, personally or through an associate, has a direct or indirect interest in a contract with the municipality.

Conflict of interest.

Any report produced by the Municipal Ombudsman must disclose any situation that could cause a conflict between the responsibilities inherent in the office of Municipal Ombudsman and the Municipal Ombudsman's personal interest or, in the case of a body, the personal interest of any of its members.

2006, c. 60, s. 32.

Information necessary.

573.17. In the exercise of the functions of office, the Municipal Ombudsman is entitled to obtain from any person any information the Municipal Ombudsman considers necessary.

2006, c. 60, s. 32.

Report.

573.18. Each year, the Municipal Ombudsman must transmit a report on the exercise of the functions of Municipal Ombudsman to the council.

Immunity.

No civil action may be instituted by reason of the report.

2006, c. 60, s. 32.

Testimony.

573.19. Despite any general law or special Act, neither the Municipal Ombudsman, its members in the case of a body, the members of the personnel, or any professionals under contract may be compelled to give testimony relating to information obtained in the performance of their duties or to produce a document containing such information.

Restriction.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has a right of access to such a document.

2006, c. 60, s. 32.

Immunity.

573.20. Neither the Municipal Ombudsman, its members in the case of a body, or the members of the personnel may be prosecuted by reason of an act they have done or failed to do in good faith in the performance of their duties.

Immunity.

Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised nor an injunction granted against the Municipal Ombudsman, its members in the case of a body, the members of the personnel or any professionals under contract, if acting in their official capacity.

Annulment.

A judge of the Court of Appeal, on a motion, may summarily annul any proceeding instituted or decision rendered contrary to the first or second paragraph.

2006, c. 60, s. 32.

DIVISION XII 
PENAL PROCEEDINGS
1990, c. 4, s. 179.

574. (Repealed).

R. S. 1964, c. 193, s. 611; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 180.

575. (Repealed).

R. S. 1964, c. 193, s. 612; 1990, c. 4, s. 180.

Penal proceedings.

576. Penal proceedings for an offence under a provision of this Act, the charter, a by-law, a resolution or an order of the council may be instituted by the municipality.

R. S. 1964, c. 193, s. 613; 1990, c. 4, s. 181; 1992, c. 27, s. 30; 1992, c. 61, s. 127.

Ownership of fines.

577. Where a municipality institutes penal proceedings before any court other than a municipal court, the fines imposed for an offence under a provision of this Act, the charter, a by-law, a resolution or an order of the council belong to the municipality.

R. S. 1964, c. 193, s. 614; 1990, c. 4, s. 182; 1992, c. 61, s. 128.

Service.

577.1. When penal proceedings are instituted against the municipality, service therein shall be made upon the clerk or the secretary-treasurer, at his office or domicile.

1990, c. 4, s. 183.

578. (Repealed).

R. S. 1964, c. 193, s. 615; 1990, c. 4, s. 184.

579. (Repealed).

R. S. 1964, c. 193, s. 616; 1990, c. 4, s. 184.

580. (Repealed).

R. S. 1964, c. 193, s. 617; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 184.

581. (Repealed).

R. S. 1964, c. 193, s. 618; 1990, c. 4, s. 184.

582. (Repealed).

R. S. 1964, c. 193, s. 619; 1990, c. 4, s. 184.

583. (Repealed).

R. S. 1964, c. 193, s. 620; 1990, c. 4, s. 184.

584. (Repealed).

R. S. 1964, c. 193, s. 621; 1990, c. 4, s. 184.

DIVISION XIII 
CIVIL REMEDIES AGAINST THE MUNICIPALITY
1990, c. 4, s. 185.

§ 1. —  Notice of Action and Miscellaneous Proceedings

Notice of claim.

585.  (1) If any person claim or pretend to have suffered bodily injury by any accident, for which he intends to claim damages from the municipality, he shall, within 15 days from the date of such accident, give or cause to be given notice in writing to the clerk of the municipality of such intention, containing the particulars of his claim, and stating the place of his residence, failing which the municipality shall be relieved from any liability for any damages caused by such accident, any provision of law to the contrary notwithstanding.

Notice of claim.

 (2) In case of any claim for damages to property, movable or immovable, a similar notice shall also be given to the clerk of the municipality, within 15 days, failing which the municipality shall not be liable for any damages, any provision of law to the contrary notwithstanding.

Delay.

 (3) No such action shall be instituted before the expiration of 15 days from the date of the service of such notice.

Notice not given.

 (4) The failure to give such notice shall not, however, deprive any victim of such accident of his right of action, if he prove that he was prevented from giving such notice for any reason deemed sufficient by the court or judge.

Exception to dismiss action or dilatory exception.
The absence of notice or its irregularity because late, insufficient or otherwise defective, must be set up by exception to dismiss action or by dilatory exception, as the case may be, and not by a plea to the merits. Failure to invoke such means within the time and according to the rules established by the Code of Civil Procedure (chapter C-25), constitutes a waiver of such irregularity.

Inscription.
No contestation of the facts may be inscribed until judgment is rendered on the said exception to dismiss action or on the said dilatory exception and such judgment must dispose thereof and not reserve them for the merits.

Prescription.

 (5) No action in damages shall lie unless such action be instituted within six months after the day on which the accident happened or the right of action accrued.

Recourse in warranty.

 (6) The municipality shall have a recourse in warranty against any person whose fault or negligence occasioned the accident and the damage arising therefrom.

Sidewalks accidents.

 (7) Notwithstanding any general law or special Act, no municipality may be held liable for damage resulting from an accident, of which any person is the victim, on the sidewalks, streets, roads, walkways or bikeways, by reason of the snow or ice, unless the claimant establishes that the said accident was caused by the negligence or fault of the said municipality, the court having to take into account the weather conditions.

Damage by sewer back-flow.

 (8) No right of action shall lie against the municipality for damages caused by the back-flow from a sewer to articles, merchandise or effects kept for any purpose in a cellar or basement, if the claimant has already received compensation from the municipality for similar damages caused at the same place and has not subsequently installed there, 30 cm at least from the floor and at a distance of at least 30 cm from the exterior walls, a support on which such articles, merchandise or effects must be kept.

R. S. 1964, c. 193, s. 622; 1965 (1st sess.), c. 80, a. 1; 1984, c. 47, s. 213; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 2010, c. 18, s. 37.

Prescription.

586. Every action, suit or claim against the municipality or any of its officers or employees, for damages occasioned by faults, or illegalities, shall be prescribed by six months from the day on which the cause of action accrued, any provision of law to the contrary notwithstanding.

R. S. 1964, c. 193, s. 623; 1999, c. 40, s. 51.

Obstructions in streets.

587. Every person who, by any excavation in or obstruction upon any street of the municipality, not authorized by law or the by-laws of the municipality, renders such street unsafe for travel, or who, by negligence in the management of any such excavation or obstruction as shall be authorized, or by failure to maintain proper guards or lights thereat, renders such street insufficient or unsafe for travel, shall be liable for any damage, not caused by the negligence of the injured party, to whomsoever resulting by reason of such obstruction or negligence; and no action shall be maintained against the municipality for such damage, unless such person be joined as defendant, if the municipality calls upon the plaintiff so to do, at the same time informing him of the name, residence and quality of such person.

R. S. 1964, c. 193, s. 624; 1999, c. 40, s. 51.

Execution.

588. In case of judgment against the defendants under section 587, execution shall first be issued only against the defendant other than the municipality, and the municipality shall not be required to take steps to pay such judgment, including costs of execution against the other defendant, until such execution is returned unsatisfied, or unless there be an opposition to or contestation of the seizure for reasons other than matters of form.

Subrogation.

If the municipality pays such judgment it shall become subrogated in the rights of the plaintiff therein, and may enforce payment of the same from the other defendant, and shall be entitled to execution therein against him, and to take such other proceedings as judgment creditors are entitled to take.

R. S. 1964, c. 193, s. 625.

Service on municipality.

589. When any suit or action is commenced against the municipality, service therein shall be made upon the clerk or the secretary-treasurer, at his office or domicile.

R. S. 1964, c. 193, s. 626.

Delay in execution.

590. Any provision of law to the contrary notwithstanding, no judgment rendered against the municipality for a pecuniary condemnation only shall be executory before the expiration of thirty days after the date thereof.

R. S. 1964, c. 193, s. 627.

§ 2. —  Execution of Judgments against the Municipality

Payment on service.

591. Whenever a copy of a judgment condemning the municipality to pay a sum of money has been served at the office of the council, the treasurer shall, forthwith, upon being authorized by the council or by the mayor, pay the amount thereof out of the funds at his disposal, according to the by-laws made under section 477.

R. S. 1964, c. 193, s. 628.

Levy in default of funds.

592. If there be no funds, or if those at the disposal of the treasurer be not sufficient, the council shall, immediately after the service of the judgment, order the treasurer, by resolution, to levy, on the taxable property within the territory of the municipality, a sum sufficient to pay the amount due with the interest and costs.

Loan by-law.

The council may also proceed by way of a loan by-law requiring only the approval of the Minister of Municipal Affairs, Regions and Land Occupancy.

R. S. 1964, c. 193, s. 629; 1968, c. 55, s. 151; 1977, c. 5, s. 14; 1984, c. 38, s. 44; 1996, c. 2, s. 206; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

Time.

593. The court which rendered the judgment may, on petition to that effect presented either in term or in vacation, grant to the council any time which it deems necessary to levy the moneys required.

R. S. 1964, c. 193, s. 630; 1999, c. 40, s. 51.

Writ of execution.

594. If the judgment have not been satisfied within two months after the service thereof at the office of the council, or at the expiration of the time granted by the court or agreed upon by the parties, the person in whose favour such judgment was rendered may, on producing the return of such service, obtain the issue of a writ of execution from the court against the municipality, returnable before the same court so soon as the amount of the judgment and costs has been levied.

R. S. 1964, c. 193, s. 631; 1999, c. 40, s. 51.

Form and contents of writ.

595. Such writ shall be attested and signed by the clerk, sealed with the seal of the court, and addressed to the sheriff of the district in which the territory of such municipality is situated, enjoining him, among other things:

 (1) to levy from the municipality, with all possible despatch, the amount of the debt with interest and costs of the judgment as well as of the execution;

 (2) in default of immediate payment by the municipality,—

(a)  to apportion the sums to be levied on all the taxable property in the territory of the municipality, in proportion to its value, as it appears by the valuation roll, with the same powers and under the same obligations and penalties as the council and the clerk, to whom he shall be lawfully substituted for the levying of such money;

(b)  to prepare without time a special collection roll;

(c)  to publish such special roll in the territory of the municipality, in the manner required by section 503;

(d)  to exact and levy the amounts entered on the special collection roll, in the manner and within the time prescribed by sections 503 and 504;

(e)  in default of the payment of such amounts by the persons who are bound so to do, to levy the same with costs, on their movable property, in the manner prescribed by sections 505 to 508, both inclusive;

(f)  to sell the immovable property liable for such amounts in default of their payment, in the same manner and with the same effect as if he were acting under a writ of execution against immovable property issued by the Superior Court of the district;

 (3) to make a return to the court of the amount levied, and of his proceedings, so soon as the amount of the debt, interest and costs has been collected, or from time to time, as the court may order.

R. S. 1964, c. 193, s. 632; 1996, c. 2, s. 207; 1999, c. 40, s. 51.

Sheriff's duties.

596. The sheriff shall execute without delay, either personally or by his officers, all the requirements of such writ or of any other order subsequently issued by the court.

R. S. 1964, c. 193, s. 633.

Access to registers, documents.

597. The sheriff shall have free access to the registers, valuation rolls, collection rolls and other documents deposited in the office of the council, and he may demand the services of the officers or employees of the municipality, under the same penalties as if such services were required by the council itself.

R. S. 1964, c. 193, s. 634; 1968, c. 55, s. 5.

Possession of documents.

598. The sheriff shall take possession of the valuation roll and other documents which are necessary to him for the execution of the judgment and orders of the court.

On the refusal or neglect of the municipal council or of the officers or employees of the municipality to deliver up such documents, he may take possession thereof.

R. S. 1964, c. 193, s. 635; 1968, c. 55, s. 5.

Special collection roll.

599. If it be impossible for the seizing officer to obtain the valuation roll which should serve as a basis for the collection of the moneys, or if there be no such valuation roll, the sheriff shall, without delay, proceed to make a valuation of the taxable property; and he may base the special collection roll for the money to be levied, on such valuation as if it were the valuation roll in force.

Costs.

The costs incurred in making such valuation, as taxed by the court from which the writ issued, shall form part of the costs of execution and shall be recoverable from the municipality.

R. S. 1964, c. 193, s. 636.

Taxation.

600. The fees, costs and disbursements of the sheriff shall be taxed in the discretion of the judge of the court from which the writ of execution issued.

R. S. 1964, c. 193, s. 637.

Return of documents.

601. The sheriff shall transmit to the office of the council a copy of his special collection roll, and any other roll or document whereof he has taken possession, after having levied the whole amount set forth in the writ of execution, together with interest and costs.

R. S. 1964, c. 193, s. 638.

Arrears.

602. The arrears due, in virtue of the sheriff's special collection roll, shall belong to the municipality and may be recovered by such municipality in the same manner as any other municipal tax.

Surplus.

If any surplus remain in the hands of the sheriff, it shall belong to such municipality.

R. S. 1964, c. 193, s. 639.

Order of court.

603. The sheriff may obtain from the court any order calculated to facilitate and ensure the complete execution of the writ addressed to him.

R. S. 1964, c. 193, s. 640.

Seizure of property.

604. If the municipality, against which any judgment has been rendered, holds property in its own name, such property may be seized and taken in execution in the ordinary manner prescribed in the Code of Civil Procedure (chapter C-25).

Hypothec.

If any such property be hypothecated for the debt which is the object of the judgment, it shall be sold before the issue of the writ mentioned in section 594.

R. S. 1964, c. 193, s. 641.

§ 3. —  Exoneration of responsibility with respect to roads
1992, c. 54, s. 59.

Object on roadway.

604.1. The municipality is not liable for damage caused by the presence of an object on the roadway or on a walkway or bikeway.

State of roadway.

Nor is it liable for damage caused by the state of the roadway or bikeway to the tires or suspension system of a vehicle.

1992, c. 54, s. 59; 2010, c. 18, s. 38.

Absence of fence.

604.2. The municipality is not liable for damage resulting from the absence of a fence between the right of way of a street, road, walkway or bikeway and contiguous land.

1992, c. 54, s. 59; 1994, c. 33, s. 19; 2010, c. 18, s. 39.

Damage caused by builder or contractor.

604.3. The municipality is not liable for damage caused through the fault of a builder or contractor to whom building, rebuilding or maintenance work has been entrusted, for the entire duration of such work.

1992, c. 54, s. 59; 1994, c. 33, s. 20; 1998, c. 35, s. 22.

Effect.

604.4. Sections 604.1 to 604.3 shall not have the effect of reducing the scope of the exemption provided for in paragraph 7 of section 585.

1992, c. 54, s. 59.

604.5. (Repealed).

1992, c. 54, s. 59; 1996, c. 2, s. 208; 2000, c. 56, s. 122.

DIVISION XIII.1 
PROTECTION AGAINST CERTAIN FINANCIAL LOSSES RELATED TO THE PERFORMANCE OF MUNICIPAL DUTIES
1996, c. 27, s. 40.

604.6. A municipality shall

 (1) assume the defence of a person whose election as member of the council of a municipality is contested or who is the defendant or respondent in judicial proceedings brought before a court by reason of the person's alleged disqualification for office as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;

 (2) assume the defence or the representation, as the case may be, of a person who is the defendant, respondent or accused, or the person impleaded in judicial proceedings brought before a court by reason of the person's alleged act or omission in the performance of his duties as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;

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

Where the person assumes, himself or through an attorney of his choice, the defence or representation, the municipality shall pay any reasonable costs incurred therefor. However, the municipality may, with the consent of the person, reimburse such costs to him instead of paying them.

The municipality is exempt from the obligations set out in the first two paragraphs, in a particular case, if the person renounces in writing, in respect of that case, the application of those provisions.

For the purposes of this division,

 (1) “mandatary body” means any body declared by law to be the mandatary or agent of the municipality and any body whose council is composed of a majority of members of the council of the municipality, whose budget is adopted by the municipality or more than half of the financing of which is assumed by the municipality;

 (2) “court” means, in addition to its ordinary meaning, a coroner, a fire investigation commissioner, an inquiry commission or a person or body exercising quasi-judicial functions.

1996, c. 27, s. 40; 2013, c. 3, s. 2.

604.7. The person for whom the municipality is required to incur expenses under section 604.6 shall, at the request of the municipality, reimburse all the expenses or the portion of such expenses indicated in the request in any of the following cases:

 (1) the person's alleged act or omission having given rise to the proceedings is a gross or intentional fault or a fault separable from the performance of his duties;

 (2) the proceedings are brought before the court by the municipality or by a third person at the request of the municipality;

 (3) the person, defendant or accused in the penal or criminal proceedings, has been convicted and had no reasonable grounds to believe that he acted within the law.

In addition, where the municipality incurs the expenses referred to in the first paragraph in reimbursing the expenses relating to the person's defence or representation assumed by the person himself or by an attorney of his choice, the municipality's obligation shall cease, in respect of all expenses not reimbursed or the portion of such expenses which the municipality may indicate, from the day on which it is established, by the person's own admission or by a judgment that has become res judicata, that the request for reimbursement provided for in the first paragraph or the cessation of reimbursement provided for in this paragraph is justified.

The first and second paragraphs apply where the municipality is justified in requiring the reimbursement provided for in the first paragraph or, as the case may be, in ceasing to make reimbursements under the second paragraph. They do not apply in the case provided for in subparagraph 3 of the first paragraph of section 604.6.

1996, c. 27, s. 40; 1996, c. 27, s. 40; 2013, c. 3, s. 3.

Objectives:

604.8. For the purpose of determining whether the justification provided for in the third paragraph of section 604.7 exists, the following objectives shall be considered and weighed one against the other:

 (1) the person referred to in section 604.6 must be reasonably protected against any financial loss which may result from the performance of his duties;

 (2) the monies of the municipality must not be used to protect such a person against financial losses resulting from misconduct which cannot possibly be compared with the errors that may reasonably be expected to be committed by a person performing similar duties.

Objectives.

For the purposes of the first paragraph, the good or bad faith of the person may be taken into account as well as his diligence or negligence in learning the rules and practices relevant to the performance of his duties, the existence or absence of any previous fault related to the performance of his duties, the simplicity or complexity of the circumstances in which he committed a fault, the good or poor quality of the advice given to him and any other relevant factor.

1996, c. 27, s. 40.

Contestation.

604.9. Where the municipality's right to obtain the reimbursement requested under the first paragraph of section 604.7 is contested, section 604.6, adapted as required, applies in respect of any judicial recourse exercised by the municipality in order to obtain such reimbursement.

Court ruling.

The court before which the recourse is exercised shall rule also on the applicability of section 604.7 in respect of all or part of the expenses to be incurred by the municipality for the purposes of the first paragraph of this section, as if the grounds for the recourse were the same as those for the original proceedings referred to in section 604.6.

Court ruling.

The court before which the original proceedings referred to in section 604.6 are brought, in the case of a court of justice and civil proceedings, may, at the request of the municipality, rule on the applicability of section 604.7 in respect of such proceedings. Where the municipality is not already a party to or impleaded in the proceedings, it may intervene in order to make and support the request.

1996, c. 27, s. 40.

Damages.

604.10. Every municipality shall pay damages owing to a third person which result from the fault of a member of its council in the performance of his duties within the municipality or a mandatary body of the municipality, except in the case of a gross or intentional fault or a fault separable from the performance of such duties, or where the member, without the authorization of the municipality, admits his fault or assumes his defence or representation, during the proceedings in which his fault is proved, himself or through an attorney of his choice.

Fault.

The first paragraph may not be used to establish the fault of a municipality or a mandatary body.

1996, c. 27, s. 40.

Indemnity.

604.11. Any municipality may, by by-law, provide for the payment of an indemnity, on application, to any person who has suffered material loss in the performance of his duties as a council member, officer or employee of the municipality or a mandatary body of the municipality.

By-law.

The by-law must specify the circumstances giving rise to the payment of the indemnity, the amount of the indemnity or the manner of computing that amount, and the time limit for filing an application.

Payment.

The payment of every indemnity must be decided by the council.

1996, c. 27, s. 40.

Benefit.

604.12. Any benefit provided by a municipality to or in respect of a person under a provision of this division in the period throughout which the person is a member of the council of the municipality, or the provision of which is the subject of an application, deliberation or vote during that period is a condition of employment related to the office of council member for the purposes of sections 304, 305, 361 and 362 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

Presumption.

For the purposes of any provision relating to the disqualification for office as an officer or employee of a municipality, a benefit referred to in the first paragraph is deemed to be provided for by the contract binding the municipality and the officer or employee to or in respect of whom the benefit is provided.

1996, c. 27, s. 40.

Prevailing provision.

604.13. Where a provision of a by-law, resolution, contract or collective agreement provides for a benefit that is not as advantageous to the person to or in respect of whom it is provided as the benefit provided for in a provision of this division, the latter provision shall prevail.

1996, c. 27, s. 40.

604.14. (Repealed).

1996, c. 27, s. 40; 2000, c. 56, s. 122.

DIVISION XIV 
Repealed, 1989, c. 52, s. 122.
1989, c. 52, s. 122.

605. (Repealed).

R. S. 1964, c. 193, s. 642; 1968, c. 55, s. 152; 1989, c. 52, s. 122.

606. (Repealed).

R. S. 1964, c. 193, s. 643; 1968, c. 55, s. 152; 1988, c. 74, s. 1; 1989, c. 52, s. 122.

606.1. (Repealed).

1988, c. 74, s. 2; 1989, c. 52, s. 122.

607. (Repealed).

R. S. 1964, c. 193, s. 644; 1968, c. 55, s. 153; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

607.1. (Repealed).

1988, c. 74, s. 3; 1989, c. 52, s. 122.

608. (Repealed).

R. S. 1964, c. 193, s. 645; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

608.1. (Repealed).

1988, c. 74, s. 3; 1989, c. 52, s. 122.

609. (Repealed).

R. S. 1964, c. 193, s. 646; 1968, c. 55, s. 154; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

609.1. (Repealed).

1980, c. 11, s. 42; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

609.2. (Repealed).

1988, c. 74, s. 3; 1989, c. 52, s. 122.

610. (Repealed).

R. S. 1964, c. 193, s. 647; 1968, c. 55, s. 155; 1977, c. 16, s. 1; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

611. (Repealed).

R. S. 1964, c. 193, s. 648; 1968, c. 55, s. 155; 1988, c. 74, s. 3; 1989, c. 52, s. 122.

612. (Repealed).

R. S. 1964, c. 193, s. 650; 1979, c. 36, s. 95; 1989, c. 52, s. 122.

613. (Repealed).

R. S. 1964, c. 193, s. 651; 1968, c. 55, s. 157; 1979, c. 36, s. 96.

614. (Repealed).

R. S. 1964, c. 193, s. 652; 1989, c. 52, s. 122.

615. (Repealed).

R. S. 1964, c. 193, s. 653; 1968, c. 55, s. 158; 1988, c. 74, s. 4; 1989, c. 52, s. 122.

615.1. (Repealed).

1988, c. 74, s. 5; 1989, c. 52, s. 122.

616. (Repealed).

R. S. 1964, c. 193, s. 654; 1989, c. 52, s. 122.

617. (Repealed).

R. S. 1964, c. 193, s. 655; 1990, c. 4, s. 186; 1989, c. 52, s. 122.

618. (Repealed).

R. S. 1964, c. 193, s. 656; 1968, c. 55, s. 159; 1989, c. 52, s. 122.

619. (Repealed).

R. S. 1964, c. 193, s. 657; 1990, c. 4, s. 187; 1989, c. 52, s. 122.

620. (Repealed).

R. S. 1964, c. 193, s. 658 (part); 1965 (1st sess.), c. 80, a. 1; 1990, c. 4, s. 188; 1989, c. 52, s. 122.

620.1. (Repealed).

1990, c. 4, s. 189; 1989, c. 52, s. 122.

621. (Repealed).

R. S. 1964, c. 193, s. 659; 1965 (1st sess.), c. 17, s. 2; 1971, c. 50, s. 120; 1988, c. 21, s. 66; 1989, c. 52, s. 122.

622. (Repealed).

R. S. 1964, c. 193, s. 660; 1974, c. 13, s. 36; 1989, c. 52, s. 122.

623. (Repealed).

R. S. 1964, c. 193, s. 661; 1989, c. 52, s. 122.

624. (Repealed).

R. S. 1964, c. 193, s. 662; 1989, c. 52, s. 122.

625. (Repealed).

R. S. 1964, c. 193, s. 663; 1989, c. 52, s. 122.

626. (Repealed).

R. S. 1964, c. 193, s. 664; 1990, c. 4, s. 190; 1989, c. 52, s. 122.

627. (Repealed).

R. S. 1964, c. 193, s. 665; 1989, c. 52, s. 122.

628. (Repealed).

R. S. 1964, c. 193, s. 667; 1968, c. 17, s. 91; 1990, c. 4, s. 191.

629. (Repealed).

R. S. 1964, c. 193, s. 668; 1969, c. 65, s. 34; 1975, c. 83, s. 84; 1977, c. 5, s. 14; 1980, c. 38, s. 18; 1981, c. 7, s. 536; 1986, c. 91, s. 655; 1990, c. 19, s. 11; 1990, c. 4, s. 192; 1989, c. 52, s. 122.

630. (Repealed).

R. S. 1964, c. 193, s. 669; 1990, c. 4, s. 193; 1989, c. 52, s. 122.

631. (Repealed).

R. S. 1964, c. 193, s. 670; 1974, c. 13, s. 36; 1989, c. 52, s. 122.

632. (Repealed).

R. S. 1964, c. 193, s. 671; 1989, c. 52, s. 122.

633. (Repealed).

R. S. 1964, c. 193, s. 672; 1990, c. 4, s. 194; 1989, c. 52, s. 122.

634. (Repealed).

R. S. 1964, c. 193, s. 673; 1990, c. 4, s. 195; 1989, c. 52, s. 122.

635. (Repealed).

R. S. 1964, c. 193, s. 674; 1989, c. 52, s. 122.

636. (Repealed).

R. S. 1964, c. 193, s. 675; 1990, c. 4, s. 196.

637. (Repealed).

R. S. 1964, c. 193, s. 676; 1990, c. 4, s. 197; 1989, c. 52, s. 122.

638. (Repealed).

R. S. 1964, c. 193, s. 677; 1990, c. 4, s. 198; 1989, c. 52, s. 122.

639. (Repealed).

R. S. 1964, c. 193, s. 678; 1989, c. 52, s. 122.

640. (Repealed).

R. S. 1964, c. 193, s. 679; 1989, c. 52, s. 122.

641. (Repealed).

R. S. 1964, c. 193, s. 680; 1989, c. 52, s. 122.

642. (Repealed).

R. S. 1964, c. 193, s. 681; 1990, c. 4, s. 199; 1989, c. 52, s. 122.

643. (Repealed).

R. S. 1964, c. 193, s. 682; 1990, c. 4, s. 200; 1989, c. 52, s. 122.

644. (Repealed).

R. S. 1964, c. 193, s. 683; 1990, c. 4, s. 201; 1989, c. 52, s. 122.

645. (Repealed).

R. S. 1964, c. 193, s. 684; 1990, c. 4, s. 202; 1989, c. 52, s. 122.

646. (Repealed).

R. S. 1964, c. 193, s. 685; 1990, c. 4, s. 203.

647. (Repealed).

R. S. 1964, c. 193, s. 686; 1990, c. 4, s. 203.

648. (Repealed).

R. S. 1964, c. 193, s. 687; 1990, c. 4, s. 204; 1989, c. 52, s. 122.

649. (Repealed).

R. S. 1964, c. 193, s. 688; 1990, c. 4, s. 205; 1989, c. 52, s. 122.

650. (Repealed).

R. S. 1964, c. 193, s. 689; 1969, c. 21, s. 35; 1990, c. 4, s. 206.

651. (Repealed).

R. S. 1964, c. 193, s. 690; 1990, c. 4, s. 207; 1989, c. 52, s. 122.

652. (Repealed).

R. S. 1964, c. 193, s. 691; 1990, c. 4, s. 208; 1989, c. 52, s. 122.

653. (Repealed).

R. S. 1964, c. 193, s. 692; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 74; 1989, c. 52, s. 122.

DIVISION XV 
Repealed, 1989, c. 52, s. 122.
1989, c. 52, s. 122.

654. (Repealed).

R. S. 1964, c. 193, s. 693; 1979, c. 36, s. 97; 1982, c. 32, s. 75; 1989, c. 52, s. 122.

655. (Replaced).

R. S. 1964, c. 193, s. 694; 1982, c. 32, s. 75.

656. (Replaced).

R. S. 1964, c. 193, s. 695; 1982, c. 32, s. 75.

657. (Replaced).

R. S. 1964, c. 193, s. 696; 1968, c. 55, s. 5; 1982, c. 32, s. 75.

658. (Replaced).

R. S. 1964, c. 193, s. 697; 1982, c. 2, s. 35; 1982, c. 32, s. 75.

659. (Replaced).

1982, c. 2, s. 36; 1982, c. 32, s. 75.

660. (Replaced).

1982, c. 2, s. 36; 1982, c. 32, s. 75.

661. (Replaced).

1982, c. 2, s. 36; 1982, c. 32, s. 75.

DIVISION XVI 

This Division ceased to have effect on 17 April 1987.

662. (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.

FORMS  1.— 

(Repealed).

R. S. 1964, c. 193, form 1; 1968, c. 55, s. 160; 1996, c. 27, s. 41.

2.— 

(Repealed).

R. S. 1964, c. 193, form 2; 1968, c. 55, s. 160; 1987, c. 57, s. 729.

3.— 

(Repealed).

R. S. 1964, c. 193, form 3; 1968, c. 55, s. 160; 1969, c. 55, s. 30; 1987, c. 57, s. 729.

4.— 

(Repealed).

R. S. 1964, c. 193, form 4; 1968, c. 55, s. 160; 1987, c. 57, s. 729.

5.— 

(Repealed).

R. S. 1964, c. 193, form 5; 1987, c. 57, s. 729.

6.— 

(Repealed).

R. S. 1964, c. 193, form 6; 1987, c. 57, s. 729.

7.— 

(Repealed).

R. S. 1964, c. 193, form 7; 1968, c. 55, s. 5; 1982, c. 2, s. 37; 1987, c. 57, s. 729.

8.— 

(Repealed).

R. S. 1964, c. 193, form 8; 1987, c. 57, s. 729.

9.— 

(Repealed).

R. S. 1964, c. 193, form 9; 1968, c. 55, s. 5; 1987, c. 57, s. 729.

10.— 

(Repealed).

R. S. 1964, c. 193, form 10; 1987, c. 57, s. 729.

11.— 

(Repealed).

R. S. 1964, c. 193, form 11; 1968, c. 55, s. 5; 1987, c. 57, s. 729.

12.— 

(Repealed).

R. S. 1964, c. 193, form 12; 1968, c. 55, s. 5, s. 161; 1979, c. 36, s. 98; 1982, c. 31, s. 149; 1987, c. 57, s. 729.

13.— 

(Repealed).

R. S. 1964, c. 193, form 13; 1987, c. 57, s. 729.

14.— 

(Repealed).

R. S. 1964, c. 193, form 14; 1987, c. 57, s. 729.

15.— 

(Repealed).

R. S. 1964, c. 193, form 15; 1968, c. 55, s. 5; 1980, c. 11, s. 43.

16.— 

(Repealed).

R. S. 1964, c. 193, form 16; 1968, c. 55, s. 162; 1987, c. 57, s. 729.

17.— 

(Repealed).

R. S. 1964, c. 193, form 17; 1987, c. 57, s. 729.

18.— 

(Repealed).

R. S. 1964, c. 193, form 18; 1987, c. 57, s. 729.

19.— 

(Repealed).

R. S. 1964, c. 193, form 19; 1968, c. 55, s. 5; 1982, c. 2, s. 38; 1982, c. 31, s. 150; 1987, c. 57, s. 729.

20.— 

(Repealed).

R. S. 1964, c. 193, form 20; 1987, c. 57, s. 729.

21.— 

(Repealed).

R. S. 1964, c. 193, form 22; 1982, c. 31, s. 151; 1987, c. 57, s. 729.

22.— 

(Repealed).

1968, c. 55, s. 164; 1987, c. 57, s. 729.

23.— 

(Repealed).

1968, c. 55, s. 164; 1987, c. 57, s. 729.

24.— 

(Repealed).

R. S. 1964, c. 193, form 23; 1987, c. 57, s. 729.

25.— 

(Repealed).

R. S. 1964, c. 193, form 24; 1982, c. 31, s. 152; 1987, c. 57, s. 729.

25.1.— 

(Repealed).

1968, c. 55, s. 165; 1982, c. 31, s. 152; 1987, c. 57, s. 729.

26.— 

(Repealed).

1982, c. 31, s. 152; 1987, c. 57, s. 729.

27.— 

(Repealed).

R. S. 1964, c. 193, form 25; 1987, c. 57, s. 729.

28.— 

(Repealed).

R. S. 1964, c. 193, form 26; 1987, c. 57, s. 729.

29.— 

(Repealed).

R. S. 1964, c. 193, form 27; 1987, c. 57, s. 729.

30.— 

(Repealed).

R. S. 1964, c. 193, form 28; 1968, c. 55, s. 5; 1987, c. 57, s. 729.

31.— 

(Repealed).

R. S. 1964, c. 193, form 29; 1987, c. 57, s. 729.

32.— 

(Repealed).

R. S. 1964, c. 193, form 30; 1968, c. 55, s. 5; 1987, c. 57, s. 729.

32.1.— 

(Repealed).

1982, c. 31, s. 153; 1987, c. 57, s. 729.

33.— 

(Repealed).

R. S. 1964, c. 193, form 31; 1987, c. 57, s. 729.

34.— 

(Repealed).

R. S. 1964, c. 193, form 32; 1987, c. 57, s. 729.

35.— 

(Repealed).

R. S. 1964, c. 193, form 33; 1987, c. 57, s. 729.

36.— 

(Repealed).

R. S. 1964, c. 193, form 34; 1979, c. 72, s. 322; 1992, c. 27, s. 31.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 193 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except sections 4a, 576 (part), 577 and 658 (part), effective from the coming into force of chapter C-19 of the Revised Statutes.