C-19 - Cities and Towns Act

Full text
chapter C-19
Cities and Towns Act
CITIES AND TOWNSDecember 31 1977
DIVISION I
DECLARATORY AND INTERPRETATIVE PROVISIONS
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this section; and that, if a special Act governing a municipality requires the application of provisions repealed by the Cities and Towns Act, chapter 65 of the statutes of 1922 (2nd session), all such provisions shall remain in force for such municipality;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 and Regions 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.
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.
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.
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.
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.
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.
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:
(1)  the word charter means any Act, letters patent or order constituting a municipality;
(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);
(4)  the words member of the council mean and include the mayor or any of the councillors of the municipality;
(5)  the word sitting , used alone, means indifferently an ordinary or general sitting, or a special sitting of the council;
(6)  the expression the day following does not mean or include holidays unless the act in question may be done upon a holiday;
(7)  the expression ratepayer means any person liable to pay to the municipality any assessment or tax, including water-rate;
(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;
(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;
(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);
(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;
(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 and Regions under the Act respecting municipal taxation (chapter F‐2.1).
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.
7. (Repealed).
1968, c. 55, s. 5; 1988, c. 19, s. 234.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
28. (1)  Every municipality, under its name, shall have perpetual succession, and may:
(1)  Have a common seal and change the same at will;
(2)  Acquire property for the objects within its competence by purchase, donation, devise or otherwise;
(2.1)  Alienate any property for valuable consideration; each month the clerk shall publish a notice concerning any property having a value greater than $10 000 that has been alienated by the municipality otherwise than by auction or by public tender; the notice shall describe each property and indicate, opposite each property, the price of alienation and the identity of the purchaser;
(2.2)  Lease its property, although such power does not, however, enable the municipality to acquire or build property principally for leasing purposes;
(3)  Enter into contracts, transact, bind and oblige itself and others to itself, within its powers;
(4)  Subject to the provisions of this Act, subscribe, draw, endorse, transfer, negotiate, give, accept or receive promissory notes, bills of exchange, cheques, bonds, debentures or other securities, whether negotiable or not, in the execution of any of the powers, rights and attributes conferred upon it by law and of any of the duties and obligations devolving upon it;
(5)  Sue and be sued; and
(6)  Generally exercise all the powers vested in it by law or which are necessary for the accomplishment of the duties imposed by law upon it.
(1.1)  A municipality may, by onerous title, transfer or lease rights to and licences for the processes it has developed, its expertise in any area within its competence, the equipment allowing such expertise to be applied, and any data concerning its territory.
It may also transfer them by gratuitous title or make a loan for use of them to the Government, one of its Ministers or bodies, a municipality, a metropolitan community, a school board or another non-profit organization.
(2)  Every municipality may also:
(a)  assist in the undertaking and furtherance, in its territory and elsewhere, of works of charity, education, scientific, artistic or literary culture, youth training, and generally of any social welfare enterprise of the population;
(b)  assist in the organization of recreational guidance centres and public places for sports and amusements in its territory or elsewhere;
(b.1)  establish and maintain in its territory agencies devoted to the protection of the environment and the conservation of the resources, assist in the creation and maintenance of such agencies and entrust them with the organization and management of activities relating to the purposes pursued by them;
(c)  found and maintain bodies for industrial, commercial or tourist promotion and promote physical and cultural activities among the persons resident in its territory or assist in their foundation and maintenance;
(d)  grant subsidies to institutions, partnerships or legal persons devoted to the pursuit of the aforesaid purposes;
(e)  entrust to non-profit institutions, partnerships or legal persons the organization and management, for its account, of activities or bodies referred to in subparagraphs b to c of this subsection and, for such purpose, make contracts with them and grant them the necessary funds.
The council of the municipality may exercise by resolution the powers enumerated in this subsection.
(3)  Every municipality may also become surety for any institution, partnership or legal person devoted to the pursuit of purposes mentioned in subsection 2.
However, a municipality having a population of less than 50 000 shall obtain the authorization of the Minister of Municipal Affairs and Regions 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.
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.
28.0.0.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), a municipality may establish and maintain a non-profit body the object of which is to furnish technical assistance to an enterprise situated in its territory, and grant a subsidy to any non-profit body that furnishes technical assistance to an enterprise situated in its territory.
1995, c. 34, s. 2.
28.0.0.2. Article 688.3.1 of the Municipal Code of Québec (chapter C-27.1) applies, with the necessary modifications, to any municipality the charter of which permits the municipality to determine the location of a park, whether or not the municipality is the owner of the right of way of the park.
The first paragraph of article 688.3.3 of that Code applies to the body that is party to the agreement entered into by the municipality under the powers conferred by the first paragraph. The municipality may become surety for that body and, for that purpose, subsection 3 of section 28 applies.
2002, c. 37, s. 70.
28.0.1. Any municipality may, by by-law, establish a program under which the municipality grants, in accordance with this section, subsidies or tax credits to certain artists.
The persons who are eligible under the program are professional artists within the meaning of the Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters (chapter S-32.01) and artists within the meaning of the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1). A legal person controlled by such an artist or a group of such artists which is not a legal person is eligible under the program in place of the artist who controls the legal person or of the artists who make up the group.
The municipality may provide that the program applies to take account of the fact that the persons or groups referred to in the second paragraph are the debtors of taxes imposed by the municipality or pay, directly or indirectly and in particular through the payment of rent, a portion or the whole of such taxes without being the debtors thereof; in such a case, the municipality must indicate any tax taken account of for the purposes of the program.
If the municipality does not avail itself of the third paragraph, it may only provide for the granting of subsidies. If it avails itself of that paragraph, it may provide for the granting of subsidies, for the granting of tax credits to debtors or for the granting of both; in the latter case, the municipality must set out the circumstances in which it grants a subsidy and the circumstances in which it grants a tax credit. The municipality shall prescribe the rules allowing the amount of the subsidy or of the tax credit to be established, the conditions required to be met for the subsidy or the tax credit to be granted and the terms under which the subsidy is paid or the tax credit is granted. If the municipality specifies more than one tax to be taken into account for the purposes of the program, it may set out or prescribe different circumstances, rules, terms or conditions for each tax.
The municipality may divide its territory into sectors or establish classes from among the persons or groups referred to in the second paragraph, or create two groups, one consisting of debtors of the tax and another of persons or groups who otherwise pay a portion or the whole of the tax; it may also establish any combination consisting of a sector, class and group or of two of those elements. The municipality may provide that the program applies only in one or more such sectors, to one or more such classes, to a single such group or to one or more such combinations. It may avail itself of the fourth paragraph in a different way according to sector, class, group or combination.
This section applies notwithstanding the Municipal Aid Prohibition Act (chapter I-15).
1995, c. 7, s. 7; 1997, c. 77, s. 9.
28.1. Where a special planning program for that part of the territory of a municipality designated as the centre of the city or town and planning by-laws consistent with the program are in force in a municipality, the municipality may carry out any program of acquisition of immovables provided for in the special planning program in view of alienating or leasing the immovables for purposes contemplated in the program.
The municipality may also acquire any immovable situated in that part of its territory designated as the “centre” of the city or town even if the acquisition is not provided for in a program of acquisition of immovables, in view of alienating or leasing it to a person who requires it to carry out a project that is consistent with the special planning program, if the person is already the owner of lands, or the beneficiary of a promise of sale of lands, representing two-thirds of the area he requires to carry out the project.
1983, c. 57, s. 42.
28.2. For the purposes of section 28.1, the municipality may, in particular,
(1)  acquire an immovable by agreement or by expropriation;
(2)  hold and manage the immovable;
(3)  carry out the required development, restoration, demolition or clearing work on the immovable;
(4)  alienate or lease the immovable for the purposes contemplated.
1983, c. 57, s. 42.
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 Corporation d’hébergement du Québec;
(3)  of a childcare centre, a day care centre, a nursery school or a stop over centre within the meaning of the Act respecting childcare centres and childcare services (chapter C-8.2), for the purpose of installing the childcare centre, day care centre, nursery school or stop over centre therein.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The fine shall belong to the municipality if it instituted the proceedings.
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.
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 and Regions, except in the case of a convention requiring it to pay fees for professional services, a work contract or an intermunicipal agreement.
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.
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.
29.4. A municipality may own immovables for the purposes of a land reserve.
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.
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.
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.
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.
29.6. A party to an agreement under section 29.5 may delegate any power necessary for carrying out the agreement to another 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.
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.
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 and Regions 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.
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.
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.
The rules governing the awarding of contracts by a municipality apply to contracts awarded under this section.
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.
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.
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.
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 Public Administration Act (chapter A‐6.01). The Minister of Municipal Affairs and Regions 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.
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.
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.
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.
Such an agreement may have retroactive effect to the date fixed by the order of the Government approving the agreement.
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 and Regions 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.
29.11. A municipality may operate a tourist information office.
1987, c. 12, s. 46; 1996, c. 2, s. 209; 2000, c. 10, s. 23.
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.
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. Every municipality may enter into an agreement with a person administering a cemetery in its territory, whereby the administration of the cemetery is delegated to it.
1996, c. 27, s. 8.
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 participate in a program prepared in accordance with Division II.2 of the Act respecting the Ministère des Ressources naturelles, de la Faune et des Parcs (chapter M‐25.2) or enter into an agreement under Division I.1 of Chapter II of the Act respecting the lands in the domain of the State (chapter T‐8.1) or Title II.1 of the Forest Act (chapter F‐4.1).
1995, c. 20, s. 36; 2003, c. 8, s. 6; 2003, c. 16, s. 49.
29.14. Every municipality that participates in a program or enters into an agreement pursuant to section 29.13 has the necessary powers to meet the commitments and assume the responsibilities arising from the program or 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 or of forest resources in the domain of the State;
(5)  adopt a by-law for the purpose of exercising any power under section 71 of the Act respecting the lands in the domain of the State (chapter T-8.1) or under section 171, 171.1 or 172 of the Forest Act (chapter F-4.1).
1995, c. 20, s. 36; 1997, c. 93, s. 46; 1999, c. 40, s. 51; 2001, c. 6, s. 132.
29.14.1. Every municipality that participates in a program or enters into an agreement under section 29.13 may, to the extent provided for by the program or 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 program or agreement.
The fine belongs to the municipality if it instituted the proceedings, and must be paid either into a fund established by the municipality under section 466.1.1 or into a fund established under article 688.7 of the Municipal Code of Québec (chapter C‐27.1) by the regional county municipality whose territory contains that of the municipality. The Minister of Natural Resources, Wildlife and Parks may authorize payment into such other 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.
29.14.2. The municipality may institute any proceeding and exercise any power assigned to the Minister of Natural Resources, Wildlife and Parks under sections 60 to 66 of the Act respecting the lands in the domain of the State (chapter T-8.1) or under section 25.1 of the Forest Act (chapter F-4.1) to the extent provided for by the program or agreement.
1997, c. 93, s. 47; 2001, c. 6, s. 133; 2003, c. 8, s. 6.
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.
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.
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 program 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 program, 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.
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 land or of forest resources in the domain of the State or from a forest management contract entered into under Division II of Chapter IV of the Forest Act (chapter F‐4.1) must be paid by the municipality either into a fund established by the municipality under section 466.1.1 or into a fund established under article 688.7 of the Municipal Code of Québec (chapter C‐27.1) by the regional county municipality whose territory contains that of the municipality.
The Minister of Natural Resources, Wildlife and Parks 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 forest resources in the domain of the State or a forest management contract, 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.
§ 1.2.  — Occupation of the public domain of the municipality
2002, c. 77, s. 30.
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.
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.
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.
Such by-law may contain rules concerning the removal of the structure or installation.
2002, c. 77, s. 30.
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.
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.
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.
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
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.
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.
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.
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.
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 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.
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.
54. Where so ordered by the Minister of Municipal Affairs and Regions, 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.
55. He shall furnish to the Lieutenant-Governor or to the Minister of Municipal Affairs and Regions, 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.
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.
1971, c. 55, s. 1; 1996, c. 2, s. 129; 2003, c. 19, s. 108.
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.
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.
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.
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.
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.
If a councillor or the mayor does not hold office for twelve years, the amounts so paid shall be reimbursed to him without interest.
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.
Such pension shall be unassignable and unseizable.
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.
In computing any such period of twelve years, a part of a year shall be counted as a full year.
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.
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.
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.
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.
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.
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.
The council may replace any member of the said committees whenever it thinks proper.
The mayor shall be a member exofficio of all committees, and shall have a right to vote therein.
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.
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.
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.
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.
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.
70.2. The mayor is, exofficio, chairman of the committee.
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.
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.
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.
70.6. The clerk is, exofficio, secretary of the committee.
1978, c. 63, s. 119.
70.7. (Repealed).
1978, c. 63, s. 119; 1983, c. 57, s. 45.
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.
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.
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
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.
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.
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), responsible for the issuance of the authorization required under section 3 of the Groundwater Catchment Regulation, enacted by Order in Council 692-2002 (2002, G.O. 2, 2657), or responsible for the issuance of a permit required under section 4 of the Regulation respecting waste water disposal systems for isolated dwellings (R.R.Q., 1981, chapter Q-2, r.8), 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.
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).
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.
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.
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.
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.
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.
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.
The hiring requires, to be valid, a certificate issued by the treasurer indicating that there are sufficient funds available for that purpose. If the hiring extends beyond one fiscal year, a certificate must be issued for the portion of the expenditures to be made during the first fiscal year and thereafter at the beginning of each fiscal year during which the hiring is effective.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
He may also, with the prior authorization of the council, invest such moneys for short terms 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).
The council may invest the moneys mentioned in the first paragraph in the purchase of shares in an unincorporated mutual fund which is managed by a financial institution, and all the shares 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.
The Minister may, by regulation, determine other securities in which the council may invest, through the agency of the unincorporated 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.
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.
(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.
(3)  Such books shall be kept in the form prescribed or approved of by the Minister of Municipal Affairs and Regions, 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.
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.
101. The treasurer shall not, nor shall any other officer or employee of the municipality, under a penalty of $20 for each offence,—
(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;
(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.
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.
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.
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.
The financial report shall be drawn up on the forms furnished by the Minister of Municipal Affairs and Regions. It shall include the financial statements, a statement fixing the aggregate taxation rate of the municipality within the meaning of the regulations made under section 262 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.
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.
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.
105.2. After the filing contemplated in section 105.1 and not later than 15 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 and Regions.
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 et des Régions or by a person authorized to act as external auditor for a municipality.
If the report contemplated in the second paragraph is prepared by a person other than an officer of the Ministère des Affaires municipales et des Régions, 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.
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.
105.4. Once every three months, including at the last regular sitting before the sitting during which the budget is adopted, the treasurer shall transmit to the council a statement of the revenues and expenditures of the municipality from the beginning of the fiscal year. He shall also transmit two comparative statements, one on the revenues that are receivable during the fiscal year and those provided for in the budget, and the other on the expenses made on the date of the statement and those provided for in the budget.
1984, c. 38, s. 10; 1996, c. 2, s. 209.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
107.7. The chief auditor shall audit the accounts and affairs
(1)  of the municipality ;
(2)  of every legal person in respect of which the municipality or a mandatary of the municipality holds more than 50% of the outstanding shares or voting shares or appoints more than 50% of the members of the board of directors.
2001, c. 25, s. 15.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
107.13. Not later than 31 August each year, the chief auditor shall transmit to the council 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.
The chief auditor may also, at any time, transmit to the council a report of the findings and recommendations that, in the opinion of the chief auditor, warrant being brought to the attention of the council before the filing of the annual report.
2001, c. 25, s. 15.
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.
In the report, which shall be transmitted to the treasurer not later than 31 March, 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 aggregate taxation rate has been fixed in accordance with the regulations made under section 262 of the Act respecting municipal taxation (chapter F-2.1).
2001, c. 25, s. 15.
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.
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.
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.
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.
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.
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.
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.
107.17. The council may establish an audit committee and determine its composition and powers.
2001, c. 25, s. 15.
V.  — External auditor
2001, c. 25, s. 16.
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.
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 and Regions 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.
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.
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 and Regions by regulation published in the Gazette officielle du Québec.
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 aggregate taxation rate has been fixed in accordance with the regulations made under section 262 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.
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 and Regions by regulation published in the Gazette officielle du Québec.
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.
108.3. The external auditor shall transmit to the treasurer, not later than 31 March following the expiry of the fiscal year for which the external auditor was appointed, 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.
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.
108.4. The council may require any other audit it considers necessary, and require a report.
1984, c. 38, s. 11.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.  — Rural inspectors
110. If it considers it necessary, the council may appoint one or more rural inspectors who shall remain in office for such period as may be fixed by the council. The rural inspector shall have jurisdiction in the territory determined by by-law of the council or, failing such a by-law, in the whole of the territory of the municipality.
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.
111. The rural inspector shall enjoy the rights, exercise the powers and have the obligations, with regard to the territory under his jurisdiction, of a rural inspector appointed under the Municipal Code (chapter C-27.1), in accordance with the relevant definitions and provisions of the said Code and subject to any incompatible provision of this act.
R. S. 1964, c. 193, s. 107; 1977, c. 52, s. 11.
VII.  — Director general
1983, c. 57, s. 50.
112. The council may, by the vote of the absolute majority of its members, appoint a director general and fix his salary.
If the council does not appoint a director general, it may designate an officer or employee of the municipality to perform the duties of a 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.
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.
113. The director general is the chief officer of the municipality.
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.
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.
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.
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.
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.
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.
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.
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 company 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.
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.
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.
However, a designated councillor may not exercise the power provided for the first paragraph until the mayor does so.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and Regions and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5)  (Subparagraph repealed);
(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;
(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;
(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).
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 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.
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.
DIVISION V.1
APPOINTMENTS BY THE MINISTER OF MUNICIPAL AFFAIRS AND REGIONS
2003, c. 19, s. 250; 2005, c. 28, s. 196.
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
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 and Regions, 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.
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.
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.
319. The council shall meet at least once a month, in general or ordinary session, to despatch the business of the municipality, and shall hold its sittings on the days and at the hours which it determines by by-law.
R. S. 1964, c. 193, s. 346.
320. If the day fixed for an ordinary sitting fall upon a holiday, such sitting shall be held on the next following juridical day.
R. S. 1964, c. 193, s. 347.
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.
322. The sittings of the council shall be public.
A sitting of the council includes a period during which the persons attending may put oral questions to the members of the council.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
326. If at any special or general 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.
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.
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.
Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.
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.
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.
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.
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.
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). When a vote results in a tie, the decision shall be deemed to be in the negative.
R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
345. The publication of a public notice for municipal purposes shall be made by posting it in the office of the municipality and by inserting it once in an English newspaper or in a French newspaper circulating in the territory of the municipality.
R. S. 1964, c. 193, s. 372; 1968, c. 55, s. 104; 1996, c. 2, s. 210.
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.
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.
346.1. Every notice or document, other than a notice referred to in section 422 or 514 or an advertisement referred to in section 573, which a municipality must publish for municipal purposes under this Act or any other Act in a newspaper circulated in its territory, may be published in a municipal information bulletin rather than in a newspaper.
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 least eight times a year or at the intervals established by by-law of the municipality.
1995, c. 34, s. 14; 1996, c. 77, s. 13.
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.
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.
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.
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.
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.
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.
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).
The motion shall be heard and decided by preference. It shall not suspend the contested decision, unless a judge orders otherwise.
The court may confirm, vary or quash the decision of the council.
1997, c. 51, s. 2; 2002, c. 7, s. 162.
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.
The motion shall be heard and decided by preference.
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.
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.
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.
The decision shall take effect on the date on which the holder is notified of the decision.
1997, c. 51, s. 2.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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. The by-laws adopted under any of subdivisions 5, 9, 10, 15 and 19 may be different in respect of the parts of the territory of the municipality the council determines.
The first paragraph does not operate to limit the powers of territorial discrimination currently existing under those subdivisions.
2002, c. 77, s. 32.
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.
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.
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.
363. The council may, moreover, publish its by-laws in one or more newspapers.
R. S. 1964, c. 193, s. 392.
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.
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.
However, a council having passed a by-law requiring the approval of the Government, the Minister of Municipal Affairs and Regions 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.
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.
366. A by-law may be repealed or amended only by another by-law.
R. S. 1964, c. 193, s. 395.
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered in any matter mentioned in sections 352 and 397.
The appeal must be brought within 30 days after the date of the judgment.
It has precedence over any other appeal at the first session of the court after the inscription.
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.  — General Power to pass By-Laws
410. The council may make by-laws:
(1)  To secure peace, order, good government, health and general welfare in the territory of the municipality, provided such by-laws are not contrary to the laws of Canada, or of Québec, nor inconsistent with any special provision of this Act or of the charter;
(2)  (Subparagraph repealed).
In no case may the council make by-laws on the matters contemplated in the Food Products Act (chapter P-29). This paragraph applies notwithstanding any provision of a special Act granting powers on those matters to any municipality other than Ville de Trois-Rivières and Ville de Sherbrooke.
R. S. 1964, c. 193, s. 424; 1982, c. 64, s. 5; 1996, c. 2, s. 150; 2000, c. 26, s. 59.
§ 4.  — Inspection of Houses, etc., and Seizures
1992, c. 61, s. 117.
411. The council may make by-laws:
(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);
(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.
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.  — Protection of Persons and Property
412. The council may make by-laws:
I. — Construction and inspection of buildings, chimneys, etc.
(1)  (Paragraph repealed);
(2)  (Paragraph repealed);
(3)  (Paragraph repealed);
(4)  (Paragraph repealed);
(5)  To prohibit, for a period not exceeding 12 months, the demolition of any immovable constituting cultural property within the meaning of the Cultural Property Act (chapter B‐4), or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.
Such prohibition shall take effect from the notice of motion of the by‐law intended to prohibit the demolition. Copy of such notice of motion must be sent immediately to the Minister of Culture and Communications.
However, if such by‐law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.
Within the 15 days following the adoption of such by‐law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.
If, at the expiry of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by‐law ceases to have effect.
In the case of a municipality governed by a special charter which does not provide for a notice of motion before the adoption of a by‐law, the resolution of the executive committee recommending to the council the adoption of a by‐law provided for in this paragraph has the same effect as a notice of motion and must be sent immediately to the Minister of Culture and Communications.
The property‐owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000;
(6)  (Paragraph repealed);
(7)  (Paragraph repealed);
(8)  (a)  (Subparagraph repealed);
(b)  To regulate the construction, location and operation of derricks, windlasses, freight and passenger elevators and other apparatus hazardous to life and property; to have the same inspected, from time to time, by the building inspector or any other officer or employee of the municipality, and to authorize such inspector or other officer or employee to forbid the use thereof until the same are built or operated in accordance with the by-laws;
(c)  To prescribe and define the duties and powers of the building inspector, and to authorize him, and such other officers or employees as may be appointed by the council for that purpose, to visit and examine, in the performance of their duties, both the interior and the exterior of any house or building, for the purpose of adopting any measure tending to prevent fires, or deemed necessary for public security;
II. — Smoke-consuming apparatus
(9)  To compel persons using steam engines, steam boilers, or operating factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to prescribe a fine of $100 for each violation of a provision of a by-law made under this paragraph and an additional fine of $50 per day for each day that the offence continues;
III. — Engines and boilers
(10)  To regulate the erection, use or employment of engines and steam boilers, electric dynamos and other electric machines, and to determine the qualifications, examination and license of the persons charged with the working of the same;
IV. — Gas and electrical apparatus, etc.
(11)  To regulate the use of gas, electricity, electric and other apparatus and other means and agencies for furnishing light, heat and power in the territory of the municipality, and to provide for the inspection of the same;
V. — Fences
(12)  To compel the owners of lands, whether vacant or not, in the territory of the municipality, or their representatives or agents, to fence in such lands, and to regulate the mode of construction and the kind and quality of the materials, trees or shrubs to be used for fences;
(13)  To provide the mode of making barbed wire fences so that they may not be dangerous to persons or animals; to prohibit the use of barbed wire for fencing in all or part of the territory of the municipality;
VI. — Games in the streets
(14)  To regulate or prevent the playing of games or other amusements on the streets, alleys, sidewalks or public squares;
VII. — Blasting
(15)  To regulate blasting;
VIII. — Shooting
(16)  To prohibit or regulate shooting with guns, pistols or other fire-arms, or arms discharged by means of compressed air or any other system;
IX. — Dogs
(17)  To license and regulate the keeping of dogs; to muzzle dogs; to prevent dogs from running at large, and to authorize the summary destruction of such dogs;
X. — Horses
(18)  To determine the manner in which horses shall be left standing or shall be secured in streets, public squares and open sheds in the territory of the municipality; to forbid horses being driven faster than a walk around corners or on public bridges, and generally to prevent their being driven at an immoderate pace in the streets or on the public squares;
XI. — Pounds
(19)  To establish pounds under the supervision and control of the council; to prevent the running at large in streets, lanes and public squares, of horses, mules, cattle, swine, sheep, poultry, geese and other animals, and to authorize the seizure and sale of the same, and to fix a tariff of fines for such impounding;
XI.1. — Animals
(19.1)  (a)  To regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;
(b)  To require the owner or keeper of an animal to hold a licence entitling him to keep the animal;
(c)  To prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;
(d)  To require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;
(e)  To enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any municipal by-law concerning animals.
The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be municipal officers or employees for the purposes of collecting the cost of licences and enforcing the municipal by-law.
Any by-law made under this paragraph applies only in a sector of the territory of the municipality determined by the council. Prescriptions of the by-law may differ according to the sectors of the territory of the municipality and the categories of animals determined by the council.
Every by-law made under this paragraph prevails over any inconsistent provision of this Act or of the Agricultural Abuses Act (chapter A‐2).
XII. — Police and special constables
(20)  To prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by‐law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by‐law.
The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by‐law.
The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by‐law referred to in this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C‐24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter;
(20.1)  (Paragraph repealed);
(21)  To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;
XII.1. — Emergency vehicles
(21.1)  (a)  To require the owner of a building subject to Chapter III of the Building Act (chapter B‐1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;
(b)  To exempt any categories of buildings it determines from the application of the rules established under subparagraph a;
(c)  To prescribe that any contravention of the parking prohibition prescribed under subparagraph a is assimilated to a contravention of the street parking by‐law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle;
XIII. — Fires and fire brigade
(22)  To protect the lives and property of the inhabitants and to prevent accidents by fire;
(23)  To compel the owners of buildings, occupied as hotels, theatres, factories, schools, colleges, convents, hospital centres, places of public entertainment, or by any religious community, and such other buildings as the council may indicate, to provide them with efficient fire‐escapes; to cause such buildings to be examined from time to time by any officer or employee of the municipality whom it designates; and to prohibit the use thereof so long as they are not provided with such fire‐escapes and have not been inspected; to prescribe the duties of the officers, employees, students, workmen and apprentices of such establishments in order to facilitate the vacating, in case of fire, and to prevent accidents likely to occur in such cases;
(23.1)  (a)  To require the owner of a dwelling or of a building not subject to Chapter III of the Building Act to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;
(b)  To require a level of quality for any apparatus or device it requires to be installed, particularly be reference to standards prescribed or approval given by a third person;
(c)  To prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;
(d)  To grant to the owner of a dwelling or of a building, even a building subject to Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine, notwithstanding the Municipal Aid Prohibition Act (chapter I‐15);
(e)  To require the owner, lessee or occupant of a dwelling or of a building contemplated in subparagraph a to keep the apparatus or device in good working order;
(f)  To prescribe upkeep or installation standards for the apparatus or equipment, particularly by reference to standards prescribed by a third person;
(g)  To establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category.
(23.2)  (a)  To impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, particularly, by reference to standards prescribed or approval given by a third person;
(b)  To prescribe installation and maintenance standards for the appliance or equipment, particularly, by reference to standards prescribed by a third person;
(c)  To establish classes of immovables, appliances or equipment and enact different rules for each of them.
(24)  To regulate the construction, dimensions, and height of fire-walls and chimneys above the roofs, or in certain cases above the fire-walls and chimneys of neighbouring houses and buildings, and to determine at whose cost the elevation of such chimneys and fire-walls shall be made, and within what time they shall be raised or repaired;
(25)  (a)  To prescribe the manner of installing stoves, grates and stovepipes and of building any kind of chimney, furnace and oven, and regulate their use;
(b)  To prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;
(c)  To prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;
(26)  To regulate the carrying on of manufactures liable to cause fires;
(27)  To regulate the manner in which and the periods of the year when chimneys shall be swept; to grant licenses to such number of chimney-sweeps as the council shall think proper to employ; to oblige all owners, tenants or occupants of houses in the territory of the municipality to allow their chimneys to be swept by such licensed chimney-sweeps; and to fix the rates to be paid for sweeping chimneys, either to the council or to such licensed chimney-sweeps, which rates for chimney sweeping, if paid to the council, shall be deemed to be municipal taxes;
(28)  To prescribe a penalty of not less than $1 nor more than $5 for the offence committed by all persons whose chimneys may have caught fire, after any refusal to allow them to be swept;
(29)  (Paragraph repealed);
(30)  To regulate the location of lumber yards and places for piling timber, fire-wood and other combustible materials; and to require any person maintaining any shingle, lath or lumber yard in the territory of the municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;
(31)  To fix the places in the territory of the municipality for the erection of factories or other establishments using machinery worked by steam, electricity, gas or any inflammable substance;
(32)  To regulate or prohibit the storage and use of gun-powder, dry pitch, resin, coal oil, benzine, naphtha, gasoline, turpentine, gun-cotton, nitro-glycerine, and other combustible explosive, corrosive, toxic or radioactive or other materials that are harmful to public health or safety, in the territory of the municipality or within 1 km therefrom;
By-laws passed under the first paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment;
(33)  To determine the precautions to be taken for the sale of powder or other explosives;
(34)  To prevent any person from lighting or keeping a fire in any out-house, pigsty, barn, shed or other building, otherwise than in a chimney or a metal stove;
(35)  To prevent any person from carrying fire over any public street, or in any garden, yard or field, otherwise than in a metal vessel;
(36)  To compel the owners or occupants of barns, haylofts or other buildings, containing combustible or inflammable substances, to keep the doors thereof shut;
(37)  To regulate the manner in which quick-lime and ashes are to be kept or deposited;
(38)  To compel the owners of vacant property within the territory of the municipality to keep the same clear of any brush or other material or substance liable to communicate fire to adjoining property;
(39)  To regulate or prohibit the use of fire-crackers, torpedoes, roman candles, sky-rockets or other fire-works;
(40)  To require the owners or lessees of houses and buildings to place thereon fire-escapes and appliances for protection against or for the extinction of fires;
(41)  To establish, organize, maintain and regulate a fire prevention department and to entrust any person with the organization and maintenance of the department; to provide for the punishment of any person who may interfere with any member of the fire-brigade in the performance of his duty, or refuse to obey the lawful orders of the chief or deputy-chief of the fire-brigade, or who may tamper with or obstruct any of the signal boxes, wires, or apparatus of the fire protection department, or give a false alarm;
(42)  To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers or employees of the municipality to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;
(43)  (a)  To regulate the conduct of all persons present at a fire;
(b)  To prevent thefts at fires;
(44)  To authorize the mayor, under such provisions as the council may enact, to send fire-engines, men and apparatus to any other municipality whose territory may be endangered by fire; provided however that such municipality shall be held responsible for all expenditure or damage which may be incurred in connection therewith;
XIII.1. — Alarm systems
(44.1)  (a)  To regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;
(b)  To allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective;
(c)  To allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;
(d)  To require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this paragraph to notify, in accordance with the procedure established by the council, the person designated by the council;
(e)  To authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.
XIV. — Repealed
(45)  (Paragraph repealed);
XV. — Childcare
(46)  To establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting childcare centres and childcare services (chapter C‐8.2) and the regulations.
A municipality may also
(a)  (subparagraph repealed);
(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;
(c)  exercise any power the said Minister authorizes it to exercise under the said section;
(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M‐17.2).
XVI. — ­ Safety of water activities
(47)  to set a maximum rate of speed of 10 km/h for the operation of any vessel in waters within 50 metres from any shore of a lake or watercourse for the purpose of ensuring the safety of persons engaging in an activity in such waters.
A by-law adopted under the first paragraph does not apply
(a)   if the operation of the vessel is for the purpose of towing a person on water skis, a surf board or any other such equipment and the vessel follows a trajectory that is perpendicular to the shore, or the operation takes place within an area delimited by buoys where such operation is permitted ;
(b)  in respect of the operation of a vessel used in the act of saving life or limb or preventing damage to property ;
(c)  in respect of the operation of a safety vessel used by a person for surveillance within the scope of regular activities carried out by a recreational institution or a legally constituted teaching or racing organization ;
(d)  in respect of the operation of a vessel used by a person employed by a legal person established in the public interest and the vessel is being operated in the exercise of his or her functions ;
(e)   in canals or buoyed channels or in rivers that are less than 100 metres in width ; or
(f)  on a lake or watercourse where a maximum rate of speed equal to or less than 10 km/h applies to waters within 50 metres from any shore with respect to the operation of a vessel referred to in the first paragraph.
For the purposes of this paragraph, vessel means any floating device, works or craft designed to move through water.
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.
§ 5.1.  — Demolition of immoveables
1979, c. 48, s. 120.
412.1. In this subdivision,
(1)  committee means the committee established by virtue of section 412.23;
(2)  dwelling means a dwelling within the meaning of the Act respecting the Régie du logement (chapter R-8.1).
1979, c. 48, s. 120.
412.2. The council may, by by-law,
(1)  prohibit the demolition of an immoveable or of an immoveable comprising one or more dwellings, unless the owner has previously obtained a permit for that purpose from the committee;
(2)  prescribe the procedure to be followed in applying for a permit, both in first instance and in appeal;
(3)  provide that, for certain categories of immoveables that it shall specify, the public notice contemplated in section 412.4 is not required; and
(4)  establish a tariff of fees exigible for the issuance of permits.
1979, c. 48, s. 120.
412.3. The by-law contemplated in section 412.2 may prescribe that, prior to the consideration of his application for a permit, the proprietor submit to the approval of the committee a preliminary programme of re-utilization of the vacated land. The by-law may also prescribe that, if the programme is approved, the proprietor furnish to the municipality, prior to the issuance of his permit, a monetary guarantee of execution of that programme in an amount not exceeding the value entered on the assessment roll of the immoveable to be demolished.
That programme may be approved only if it is in conformity with the by-laws of the municipality. To determine that conformity, the committee must consider the by-laws in force at the time the programme is submitted to it, except in the case where the issuance of a building permit for the proposed programme is suspended by reason of a notice of motion or a resolution of the executive committee, according to the procedure applicable to the municipality. When the issuance of permits is thus suspended, the committee shall not approve the programme before the expiration of the suspension or before the coming into force of the amending by-law contemplated in the notice of motion or in the resolution, if such coming into force occurs before the expiration of the suspension; the decision of the committee is then rendered having regard to the by-laws in force at the time of such decision.
1979, c. 48, s. 120.
412.4. On being seized of an application for a demolition permit, the committee must cause a notice of the application, easily visible to passers-by, to be posted on the immoveable contemplated in the application. Furthermore, it must immediately cause a public notice of the application to be published, except in the cases contemplated by the by-law adopted pursuant to section 412.2.
Every notice contemplated in this section must reproduce the first paragraph of section 412.6.
1979, c. 48, s. 120.
412.5. The applicant must send, by registered or certified mail, a notice of the application to each of the lessees of the immoveable.
1979, c. 48, s. 120.
412.6. Every person wishing to oppose the granting of a demolition permit must, within ten days of publication of the public notice or, failing such notice, within the ten days following the posting of the notice on the immoveable concerned, make his objections known in writing to the clerk of the municipality, giving the reasons for his objections.
Before rendering its decision, the committee must consider the objections received. Its sittings are public.
The committee may, in addition, hold a public hearing if it considers it advisable.
1979, c. 48, s. 120.
412.7. Where the immoveable contemplated in the application includes one or more dwellings, a person wishing to preserve that immoveable as rental housing may, at the hearing of the application, intervene to ask for time to undertake or pursue negotiations to acquire the immoveable.
1979, c. 48, s. 120; 1999, c. 40, s. 51.
412.8. The committee shall postpone its decision if it believes that the circumstances justify it, and grant the intervener a period of not more than two months from the end of the hearing to allow the negotiations to reach a conclusion. The committee shall postpone its decision for that reason only once.
1979, c. 48, s. 120.
412.9. The committee shall grant the permit if it is convinced of the advisability of the demolition, taking into account the public interest and the interest of the parties.
The committee, before deciding an application for a demolition permit, must consider the condition of the immoveable contemplated in the application, the deterioration of the architectural appearance or esthetic character of the neighbourhood or of the quality of life in the neighbourhood, the cost of restoration, the intended use of the vacated land and any other pertinent criterion, in particular, where the immoveable includes one or more dwellings, the prejudice caused to lessees, the housing needs in the area and the possibilities of relocation of the lessees.
1979, c. 48, s. 120.
412.10. The committee must, in addition, reject the application for a permit if the preliminary programme of re-utilization of the vacated land has not been approved, if the procedure of application for permits has not been substantially complied with or if the exigible fees have not been paid.
1979, c. 48, s. 120.
412.11. Where the committee grants the permit, it may impose any condition relating to the demolition of the immoveable or the re-utilization of the vacated land. It may, in particular, determine the conditions of the relocation of a lessee, where the immoveable includes one or more dwellings.
1979, c. 48, s. 120.
412.12. The lessor to whom a demolition permit has been issued may evict a lessee to demolish a dwelling.
However, no lessee may be compelled to leave his dwelling before the term of the lease, nor before the expiry of three months from the issuance of the permit.
1979, c. 48, s. 120.
412.13. The lessor must pay to the lessee evicted from his dwelling an indemnity equal to three months’ rent and his moving expenses. If the damage sustained by the lessee is greater, he may apply to the Régie du logement to fix the amount of the damages.
The indemnity is payable at the expiry of the lease, and the moving expenses, on presentation of the vouchers.
1979, c. 48, s. 120; 1999, c. 40, s. 51.
412.14. Where the committee grants the permit, it may fix the time within which the demolition work must be undertaken and completed.
It may, for reasonable cause, change the time fixed, provided that the application for the change is made to it before the time has expired.
1979, c. 48, s. 120.
412.15. If the demolition work is not undertaken before the expiry of the time fixed by the committee, the demolition permit is without effect.
If, on that date, in the case of an immoveable that includes one or more dwellings, a lessee continues to occupy his dwelling, the lease is extended of right and the lessor may, within one month, apply to the Régie du logement to fix the rent.
1979, c. 48, s. 120.
412.16. If the work is not completed within the time fixed, the council may cause it to be carried out and recover the costs thereof from the proprietor. The costs constitute a prior claim on the land where the immovable was situated, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code of Québec; the costs are secured by a legal hypothec on the land.
1979, c. 48, s. 120; 1992, c. 57, s. 468; 1994, c. 30, s. 87.
412.17. The decision of the committee concerning the issuance of the permit must be substantiated and be sent immediately to every party concerned by registered or certified mail.
1979, c. 48, s. 120.
412.18. Every interested person may, within thirty days from a decision of the committee, appeal to the council from that decision.
Every member of the council, including a member of the committee, may sit on the council to hear an appeal made in virtue of the first paragraph.
1979, c. 48, s. 120.
412.19. The council may confirm a decision of the committee or render the decision that the committee should have rendered.
1979, c. 48, s. 120.
412.20. No demolition permit may be issued before the expiry of thirty days as provided in section 412.18 nor, if there has been an appeal under that section, before the council has rendered a decision authorizing the issuance of such a permit.
1979, c. 48, s. 120.
412.21. Every person who carries out the demolition of an immoveable or causes it to be carried out without a permit or in contravention of the conditions of the permit is liable to a fine of not less than $5 000 nor more than $25 000.
In addition, the by-law contemplated in section 412.2 may require that person to restore the immoveable so demolished to its former condition. Where the offender fails to restore the immoveable in accordance with the by-law, the council may cause the work to be carried out and recover the costs thereof from the offender, in which case section 412.16 applies, with the necessary modifications.
1979, c. 48, s. 120.
412.22. At all times while the demolition work is being carried out, a person in authority on the premises must have a copy of the permit in his possession. An officer or employee of the municipality designated by the council may, at any reasonable time, enter the premises where that work is being carried out to ascertain whether the demolition is in conformity with the permit. The officer or employee shall, on request, identify himself and produce a certificate of his capacity issued by the municipality. The refusal to allow the officer or the employee of the municipality on the premises or to let him see the copy of the permit renders the contravening person liable to a fine not exceeding $500.
1979, c. 48, s. 120; 1986, c. 95, s. 48.
412.23. A council that has adopted a by-law in virtue of section 412.2 must constitute a committee having the functions of deciding applications for demolition permits and exercising any other powers conferred on it by this subdivision.
This committee shall be composed of three members of the council designated for one year by the council. Their term is renewable.
1979, c. 48, s. 120.
412.24. A member of the council who ceases to be a member of the committee before the end of his term, is unable to act, or has a direct or indirect personal interest in a matter of which the committee is seized, shall be replaced by another member of the council designated by the council for the unexpired portion of his term, for the duration of his inability or for the duration of the hearing of the matter in which he has an interest, as the case may be.
1979, c. 48, s. 120; 1999, c. 40, s. 51.
412.25. No member of the council may be prosecuted for official acts done in good faith under this subdivision.
1979, c. 48, s. 120.
412.26. (Repealed).
1979, c. 48, s. 120; 1996, c. 2, s. 152; 2003, c. 19, s. 113.
§ 6.  — Public Health and Hygiene
413. The council may make by-laws:
I. — Board of health and contagious and infectious diseases
(1)  To establish a board of health, with such powers, privileges and authority as the council may deem fit, which board must be composed of councillors or of other qualified citizens; to take means to promote the public health; to provide precautionary measures against the introduction of diseases; to prevent contagion or infection therefrom, and to diminish the danger thereof; and to define and regulate the duties, powers and functions of the health officers; the whole without prejudice to the Public Health Act (chapter S‐2.2);
(2)  To establish and regulate hospital centres and isolation quarters for contagious and infectious diseases, and for the protection of the public health and the suppression of disease; to prevent the introduction of contagious, infectious and other diseases into the territory of the municipality; to secure the isolation of persons infected by such diseases, and enforce such by‐laws within the territory of the municipality; to regulate, control or prevent the landing of persons, baggage, merchandise or other property from boats, vessels, cars or other conveyances infected with contagious diseases, and to make such disposal of such persons or property as to preserve the public health, and to prevent infected boats, vessels, cars or other conveyances from coming within or near the territory of municipality; the whole without prejudice to the provisions of the Public Health Act;
(3)  To establish a complete and efficient system of vaccination; to establish offices for that purpose; to appoint officers; to authorize them to make domiciliary visits, to destroy linen, clothing and any other articles infected with small‐pox or any other contagious disease; to isolate patients suffering from any such disease, whenever the said officers shall deem it necessary for the welfare of such patients, or of the public at large; to cause any person who shall have died of any such disease to be buried within a short time, and generally to cause such measures to be taken as the council may deem necessary to prevent or to arrest the progress of any contagious or endemic disease;
(4)  (paragraph repealed);
II. — Repealed
(5)  (paragraph repealed);
(6)  (paragraph repealed);
III. — Repealed
(7)  (paragraph repealed);
IV. — Sanitary condition of houses, etc.
(8)  to regulate the alteration, maintenance and quality of dwellings, rooms offered for rent, tenement and apartment houses and their dependencies; to prohibit their occupancy if they are not in conformity with the by-law and with the laws and regulations of Québec; to render the by-law applicable to existing premises;
(9)  To require that the plans for the buildings mentioned in paragraph 8 be submitted to the health authority for approval before being acted upon,—a copy of such plans must be kept in the archives of the municipality;
V. — Garbage, cesspools and unsanitary conditions
(10)  (a)  To require, throughout the territory of the municipality or in such district or districts as the council may designate, the owner or occupant of any premises, or the person who has deposited the same, to collect, remove and dispose of ashes, swill, offal, refuse, garbage, manure, dead animals, night-soil, and other unhealthy or offensive matter; to provide for the collection, removal and disposal of the same throughout the territory of the municipality or in such places in the territory of the municipality as the council may designate, and to authorize and direct such collection, removal and disposal to determine from the refuse the matters which may be salvaged for re-use or recycling and establish in all or in part of the territory of the municipality a selective refuse collection system in view of providing for their removal; to require, for that purpose, every owner, tenant or occupant of an immovable to separate from his household refuse those matters that may be re-used or recycled, according to the classification it determines; to dispose of the collected matters, in particular, by processing the matters that may be recycled in an establishment contemplated in subparagraph b.1 or b.2; to acquire, for the purpose of renting or selling to persons to whom garbage removal service is provided in the territory of the municipality, containers or other implements used in the operation of the service;
(b)  To construct, equip and operate an incinerator or other plant for the destruction of garbage;
(b.1)  (Subparagraph repealed);
(b.2)  To regulate the installation and operation of establishments for the salvage and treatment of refuse matters that may be recycled; to require a licence for the operation of such an establishment and fix the conditions for obtaining the licence;
(c)  To provide for the payment of the expenses referred to in subparagraphs a and b either by means of a tax on the taxable property in the territory of the municipality or of the portion designated, or by means of a compensation which may vary for each class of users, and shall be payable by the owner, tenant or occupant of each house, store or other building. In the case of non-taxable property, such compensation shall be payable only by the owner, tenant or occupant who benefits by the service;
To enact that the compensation must, in all cases, be paid by the owner.
To enact that the compensation, in the case of a residence inhabited during part of the year only, is smaller and fixed proportionately to the number of months the service is used or to the average number of months it is used in a given ward designated by the council;
(11)  To regulate or prohibit the use of all bridges, viaducts, tunnels, drains, sewers, privies and cesspools within the territory of the municipality, or in such portions thereof as it may designate; and to cause the cleaning or removal of privies and cesspools;
(11.1)  To provide for the periodical emptying of septic tanks throughout the territory of the municipality or any part thereof; to provide for payment of the expenses by a compensation, which may vary for each class of users, exigible from the owner, tenant or occupant of each house, store or building using a septic tank; to order that in all cases the compensation is payable by the owner;
(12)  To prevent the throwing or depositing of ashes, paper, refuse, offal, dirt, garbage or any offensive matter or obstruction in any street, alley, yard, public ground or square or municipal stream or water;
(13)  To prevent the pollution of the waters of any municipal creek, river, pond, lake or watercourse within or adjacent to the territory of the municipality; to prevent the dumping of refuse or other matter therein; to provide for the cleansing and purification of municipal waters, watercourses, and canals and the drainage or filling of ponds or pools on private property, whenever necessary for public health; and to compel the owner or occupant of any building or ground to remove from the premises owned or occupied by him all such offensive substances as the council or health department may direct, and, upon his default, to authorize the removal or destruction thereof by some officer or employee of the municipality, at the expense of such owner or occupant;
(14)  To provide that, in case the owner of such lot cannot be found and no one represents the owner, or should such owner or occupant, or other person in charge thereof, refuse or neglect to fence in, drain, cleanse, fill up or level the same, when so directed by the proper employee of the council, or be unable, by want of means, to fence in, cleanse, drain, fill up or level such lot, the council may have the same done; the cost of the work constitutes a prior claim on the lot, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64); the cost is secured by a legal hypothec on the lot;
VI. — Unwholesome or noxious establishments
(15)  To prohibit the location of stock-yards, packing-houses, rendering establishments, tallow-chandleries, storing places for hides, bone or glue houses and generally all establishments in which animal matter is dealt with, gas-works, soap-factories, dye-houses, tanneries, sausage manufactories and other noxious establishments within the territory of the municipality;
(15.1)  To regulate the location, construction and management of stock-yards, tallow-chandleries, storing places for hides, glue houses and gas-works, soap factories, dye-houses, tanneries and other noxious establishments within the territory of the municipality;
(16)  To regulate the location, construction and use of breweries, stables, livery-stables, blacksmith-shops and foundries within the territory of the municipality;
(17)  To prohibit offensive or unwholesome undertakings or establishments within the territory of the municipality; to prohibit the erection or occupation of any offensive buildings in any place or site where they may damage the neighbouring property; and to determine the localities where certain manufactories or occupations may be carried on.
Notwithstanding the provisions of the first paragraph of this paragraph, in the case of pulp mills, paper mills or pulp and paper mills, the power of regulation shall be limited to the authorization or confirmation of the location of such mills, which mills shall, however, continue to be governed by the laws respecting public health, and no person may prevent or limit the operation of such mills by way of injunction or any other legal proceedings, if such mills have been so authorized by municipal by-law, the recourse of any person suffering damages by reason of such operation being limited in such case to a claim for such damages and interest.
Notwithstanding the provisions of the first paragraph of this paragraph, in the case of industries established for more than five years in the territory of a municipality, the power of regulation is limited to the authorization or confirmation of the location of such industries, which industries shall, however, continue to be governed by the laws respecting public health, and no person may prevent or limit the operation of such industries by way of injunction or any other legal proceedings, if such industries have been so authorized by municipal by-law, the recourse of any person suffering damages by reason of such operation being limited in such case to a claim for such damages and interest.
No municipal by-law contemplated by the two preceding paragraphs of this paragraph may, after adoption, be repealed;
(18)  To compel the owner of any soap or tallow-chandlery, pigsty, or other unwholesome or noxious establishment or place, except an undertaking for the preparation, conditioning or processing of food to cleanse, abate or remove the same;
(19)  To require that places where animals are kept be maintained in a sanitary condition; and to fix the minimum distance between such places and dwellings;
VII. — Animals attacked by contagious diseases
(20)  To order any animal attacked by a contagious disease to be isolated until cured or to be killed at any place in the territory of the municipality, on a certificate from a veterinary surgeon or health officer appointed by the council;
VIII. — Public baths, privies, etc.
(21)  To establish and maintain public baths, privies and lavatories;
IX. — Sewers, drains and watercourses
(22)  (a)  Subject to the provisions of the Environment Quality Act (chapter Q‐2), to regulate the sewerage of the municipality; to construct or otherwise acquire any public sewer; to assess owners of immovable property for the purpose of defraying the cost of making, in whole or in part, any public sewer in any street, in which the property of such property‐owners is situated, including connections between such public sewer and the private drains of such property‐owners, and between the public sewer and the street line if there be no private drain, and the cost of such repairs as are rendered necessary in the paving on account of the construction of private drains; and to prescribe the mode in which such assessment shall be made, either according to the frontage of the property or otherwise, and the manner of levying such assessment;
(b)  To require a compensation which may vary for each class of users or which may be established for the sewer service, in accordance with such tariff as it deems suitable, from every owner, tenant or occupant of a house, store or other building, whether the owner, tenant or occupant uses the sewers or not, provided that, in the latter case, the council has notified him that it is prepared to extend the sewer, at its own expense, to the line of the street opposite his house, store or building.
To require that such compensation shall be due and payable by instalments and within such time as it deems advisable to fix.
To order that such compensation shall be paid in all cases by the property‐owner;
(23)  To extend its main sewers or tunnels in the adjoining territory of any other municipality, and to recover from such municipality, if it use them, its share of contribution towards the costs of construction and maintenance thereof, according to the area to be drained and in proportion to the benefit to be derived by such municipality,—the amount of such contribution to be determined by appraisers to be appointed as follows: one by the council, one by such municipality, and the third by a judge of the Superior Court;
(24)  To construct or acquire drains and aqueducts in private streets and lanes when required in the interest of public health, without being bound to pay any damages or compensation for the use of such streets or lanes for such work;
(25)  To oblige every owner of an immovable to instal a check‐valve therein in order to prevent any back‐flow of sewage. Should the owner fail to instal such check‐valve or safety device in accordance with the by‐laws passed under this provision, the municipality shall not be liable for damages caused to the immovable or its contents through flooding occasioned by the back‐flow of sewage;
(25.1)  (a)  To require the owner of an immovable to instal therein and keep in good working order an apparatus or device intended to reduce the risk of any back‐flow from a sewer or the consequences of such back‐flow, and to provide, in the case of an immovable already erected, a time period to enable the owner to meet that requirement;
(b)  To require a level of quality for any apparatus or device it requires to be installed, and to prescribe standards for the installation or maintenance of the apparatus or device, particularly by reference to standards prescribed or approval given by a third person;
(c)  To grant a subsidy to the owner, on the conditions prescribed by by‐law and notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), to enable the owner to meet the requirement set out in subparagraph a;
(d)  To divide the territory of the municipality into sectors, to establish classes of immovables, apparatus or devices, to establish any combination consisting of a sector and class, to provide that the by-law shall apply only in one or more such sectors, to one or more such classes or to one or more such combinations, and to prescribe different rules according to the sectors, classes or combinations;
(26)  To permit the municipality to provide, where necessary, suitable automatic safety-valves for the drainage of any lands, the expense thereof to be borne in the manner determined by the council, and such cost to be recovered according to a statement prepared by the inspector of the municipality; and also to provide for the inspection by the municipality of such safety-valves;
(27)  To cause to be opened, dug, enlarged, covered and maintained, any ditch necessary for drainage, boundary or division ditch or watercourse situate in the territory of the municipality or beyond the boundaries thereof, as the council may deem advisable, and to determine the time and manner of making such works, as well as the inhabitants of the territory of the municipality by whom or at whose expense the same shall be made.
(28)  To levy, if the works are to be executed at the joint expense of the parties interested, on the proprietors of the lands situate within the territory of the municipality and drained by the ditch or watercourse, the sums required for such works, according to the estimated value of such lands or the length of the ditch or watercourse upon the same; and to determine the mode of levying the taxes so imposed;
(29)  To impose penalties on any person obstructing, diverting, or allowing the obstruction or diversion of ditches or watercourses, or refusing to make or allow to be made the works ordered by the inspector under the by-laws;
(30)  To carry on, at the expense of the municipality, for a definite or indefinite period, all works on ditches or watercourses;
(31)  To require railway companies to make and keep open and in repair ditches, drains, sewers and culverts along and under their railway tracks, so that filthy or stagnant water shall not collect upon their property, and so that the natural drainage of adjacent property and streets shall not be impeded within the territory of the municipality;
(32)  To order embankment works to protect all or part of the territory of the municipality against flooding;
(33)  To order, for the object of improving the quality of water sites and promoting access thereto, development works on the beds, including the banks or shores and the lands bordering thereon, of the lakes and watercourses situated in its territory, and works to control their water-level.
The council may execute the works on its own immovables, on any privately owned immovable with the concurrence of the owner or, according to law, on immovables forming part of the domain of the State.
In the case of works on a privately owned immovable, the works constructed become the property of the owner of the immovable, who thereby becomes responsible for their upkeep. If the owner fails to do the upkeep, the council may do it at his expense.
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.
413.0.1. The municipality may establish and operate an establishment for the salvage and treatment of refuse matters that may be recycled. It may also entrust any person with that function.
2003, c. 19, s. 115.
413.0.2. The municipality may sell the energy, such as biogas, resulting from the operation of a residual materials disposal facility. It may also entrust any person with that function.
2003, c. 19, s. 115.
413.1. The municipality may, at the expense of the owner, construct private conduits, water intakes and sewer outlets and connect private conduits with public conduits. For that purpose, the council may, by by-law,
(1)  prescribe that all works to effect the connection be performed by the municipality or be performed under the supervision of its representative;
(2)  prescribe that the owner deposit before the works begin a sum fixed by the council to ensure immediate payment of the total cost of the works;
(3)  prescribe the mode, materials and time of construction and connection.
Any sum owed by the owner under the first paragraph constitutes a prior claim on the immovable in respect of which the works are performed, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64). The cost is secured by a legal hypothec on the immovable.
1997, c. 93, s. 51.
§ 7.  — Decency and Good Morals
414. The council may make by-laws:
(1)  To suppress gambling houses and disorderly houses;
(2)  To suppress houses of prostitution, of ill-fame and of assignation;
(3)  To prohibit and restrict card-playing, throwing of dice and other games of hazard with or without betting, in any hotel, restaurant, tavern or shop, whether licensed or not, in the territory of the municipality;
(4)  To prohibit, prevent and suppress noisy gatherings, affrays, disturbances, disorderly assemblies and all brutal or depraving exhibitions;
(5)  To regulate circuses, theatres, spectacles, exhibitions and other public performances; to license them upon such conditions as may be considered fit;
(6)  To regulate public dance halls;
No permit or license shall be granted, under any law whatever, to keep a public dance hall in the territory of a municipality contrary to the provisions of a prohibition by-law made under this paragraph 6;
(7)  To license and regulate the posting of bills and placards;
(8)  To regulate bathing and swimming in the waters situated in the territory of the municipality;
To regulate public beaches and public or private swimming-pools for safety purposes, to compel every person operating a public beach or swimming-pool to obtain an annual license and to fix the cost of the license;
(9)  To regulate the wearing of bathing suits in public places elsewhere than on beaches, on the sites of lakes, rivers or watercourses and every other place used as a public bath;
(10)  To prohibit the wearing of immodest clothes or wearing apparel on the streets and in public places in the territory of the municipality;
(11)  (Subparagraph repealed);
(12)  To allow on certain conditions, regulate or prevent the employment or occupation of minors in the streets and public places, and to grant licenses to and regulate newspaper carriers;
(13)  To regulate begging.
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.
414.1. The council may make by-laws to regulate the display of erotic objects and printed matter, more particularly for the purpose of protecting the youth.
1983, c. 57, s. 52.
§ 8.  — Streets and Public Squares
415. The council may make by-laws:
(1)  To order the opening of new streets, the closing, widening, extension or changing of existing streets, to prescribe in which cases the opening, widening or extension of streets may be ordered by resolution and to prescribe the manner of making and maintaining the streets of the territory of the municipality wholly or partly at the expense thereof or of the owners of adjoining lots, as the council may deem expedient, according to such plans and on such conditions as it may deem advisable; however, the by-law ordering the closing of one or of several streets must provide for the indemnity, if there be occasion therefor.
The council may prescribe an apportionment of the tax imposed for such purposes, either in proportion to the area of the immovables or according to their valuation. The council may, without indemnity, alienate or re-allocate to any purpose within its competence the bed of a road closed pursuant to this paragraph, notwithstanding any restriction regarding the use or destination of such land imposed by a contractual or other stipulation; where the value of the bed of a road alienated gratuitously is greater than the amount mentioned in paragraph 2.1 of subsection 1 of section 28, the alienation shall, notwithstanding the fact that it was made gratuitously, be entered in the notice provided for in that paragraph with a mention of the gratuitous nature of the alienation instead of the price of alienation;
The powers provided for in the first paragraph that concern the manner of maintaining streets also apply in respect of land or a passage that is used as a road by the mere permission of the owner and that, even if the land or passage is ordinarily kept closed at one of its extremities, meets the other conditions set out in the first paragraph of article 736 of the Municipal Code of Québec (chapter C‐27.1);
(2)  To pave, macadamize or plank the whole or part of the streets of the municipality, and to pay the whole or part of the cost thereof out of the general funds of the municipality or by an assessment on the owners of immovable property within a territory determined by the council, or to prescribe an apportionment of such tax either by reason of the extent of the frontage of such immovables or according to their valuation;
(3)  To oblige the owners of land situated on any road, street, square or public way, established in the territory of the municipality, to make and maintain in front of their property, or on the opposite side of the street or road, sidewalks of wood, stone or other material, either throughout the whole territory of municipality or only through a part thereof; and to determine the manner of making and maintaining such sidewalks, and even make and maintain them at the expense of the municipality or at the expense of the owners of the abutting property or of the owners of the property on the opposite side of the street, or of the property-owners in part of the territory of the municipality, by means of a special assessment upon such property-owners or to prescribe an assessment of such tax, either according to the frontage of such immovables, or according to their valuation;
(4)  (a)  To open, enclose, embellish, improve and maintain, at the expense of the municipality, public squares or parks conducive to the health and well-being of the inhabitants of its territory;
(b)  (Subparagraph repealed);
(c)  To establish, equip, maintain and improve recreational centres and playgrounds; and also to make agreements with any school board, educational institution or any religious authority for the joint establishing, equipping, maintaining and improving of recreational centres and playgrounds and to determine the contributory share of each of the parties to such agreements; any agreement contemplated in this subparagraph may be made by resolution;
(5)  To determine and change the alignment or the height or level of the streets, sidewalks, public places or parks in the territory of the municipality; provided always that if any person suffers damage thereby, he shall receive compensation to be settled by arbitrators. In estimating such damages, account must be taken of the additional value given to the property in question by the change of level and the municipal work connected therewith; and such additional value shall compensate a corresponding amount of the damage suffered;
Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1), and to facilitate their use of it.
(6)  To establish and maintain parking places or buildings for motor vehicles, install parking chronometers and fix tariffs for the use of such places;
(7)  (a)  To change the names of streets, lanes or public places; to give names to those which have none, saving, in such case, the right of the council to proceed by resolution or by by‐law, at its option;
(b)  To regulate the numbering of houses and buildings, and to compel the owners of houses and other buildings to have the numbers shown conspicuously thereon;
(8)  (Paragraph repealed);
(9)  (a)  To provide for and regulate the construction and use of cycle lanes and pedestrian paths;
(b)  To cause winter roads to be laid out through any field or enclosure, except orchards, gardens or other lands enclosed in hedges;
(10)  To authorize the diversion of traffic in the streets of the territory of the municipality for the performance there of work on roads, including the removal and clearing of snow, and for any other reason of necessity or emergency and to grant to the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for such purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality and the towing of such vehicle elsewhere, particularly to a garage, at the expense of the owner, with provision that he may recover possession thereof only on paying the actual towing and storage costs;
(11)  To regulate the use of and prevent and remove encroachments in, upon or over streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements, sidewalks, crossings, gutters, municipal streams and waters, and to prevent injury thereto and prohibit the improper use thereof; —the municipality being responsible in damages for the bad state of such roads, streets, avenues, bridges and culverts, public lands and places, pavements, sidewalks, crossings, gutters, municipal watercourses and public ways;
(12)  To regulate and control the exercise, by any person, of any public franchise or privilege in the territory of any of the streets or public places in the municipality, whether such franchise or privilege has been granted by the municipality or by the Legislature, saving acquired rights;
(13)  To acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.
In no case may the council acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.
In no case may the council, without the authorization of the Minister of Transport, avail itself of this paragraph in respect of an immovable subject to a no-access servitude acquired by the Minister so as to cause it to be inoperative or to reduce its effect.
(14)  To regulate the making, and looking after until they are filled up, of openings and excavations in streets, alleys and public grounds and places for the laying of gas and water mains and pipes, electric conductors, subways and conduits, or for other purposes, the building and maintaining of sewers, tunnels and drains, and the construction and use of all structures and conduits of every kind underneath the streets, alleys, sidewalks, public grounds and places in the territory of the municipality, and to regulate, and, if it deem necessary, to prohibit the construction and maintaining of coal-holes, man-holes, hatchways and other openings in sidewalks, streets and alleys, and to order coverings and guards therefor.
To compel all persons or companies who have or may hereafter have the right to make any excavations in the streets of the municipality, to deposit in the hands of the treasurer an amount sufficient to guarantee that such streets shall be restored to their former state, or to permit the municipality to make such excavations at the expense of such persons or companies, or to prevent such excavations, and fill up the same whenever they are made contrary to the by-laws.
To prevent any person or company from ripping up any pavement, sidewalk or crosswalk, drain or sewer, or from making any excavation, ditch or drain in any street, pavement or sidewalk, without previously sending a written notice to the clerk of the municipality with a plan showing the exact location and dimensions of the proposed opening, and obtaining the permission of said clerk, if not previously authorized, and, in any case, without obtaining his approval of the place where, and the manner in which, the proposed opening is to be made.
To prohibit the deposit, upon any paved street, of any building materials, tar, lime, stone, brick or other articles whatever of a nature to deteriorate the paving; or to regulate the permission to be granted to make use of such streets for the aforesaid purposes, and to exact the deposit of an amount sufficient to replace the paving in good order;
(15)  To cause to be removed from the streets all sheds, stables and other buildings on the line of any street or public place or in the immediate vicinity thereof, to determine the time and manner in which the same shall be demolished or removed, and by whom the expense thereof shall be borne, to regulate the erection of hitching posts and rings for fastening horses, or to prohibit the same in the whole or any part of the territory of the municipality;
(16)  To regulate or prevent the use of streets, alleys, sidewalks and public grounds for signs, sign-posts, awnings, awning-posts, telegraph, telephone and electric poles, horse-troughs, racks and other obstructions.
To regulate the installation, maintenance, number and height of television and radio aerials;
(17)  To regulate or prohibit the suspending of wires along or across streets, alleys and public places; to require any and all wires, throughout or in part of the territory of the municipality, to be placed in the manner and at the places that it may designate, and require any poles already erected or wires already suspended to be removed, and the wires likewise placed in conduits beneath the surface of the street or elsewhere, and to compel any or all wires, pipes and conduits to be placed in a common area beneath the surface or elsewhere, upon such terms as it may designate;
(17.1)  To contribute financially, in whole or in part and notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), to the costs of burying wires or any telecommunications system;
(18)  To prescribe that poles and other supportive facilities, though owned by one person, must, throughout the territory of the municipality or in that part of the territory determined by the council, be utilized in common by every telephone, telegraph, electric supply and cable delivery undertaking and by any other service.
The by-laws ordering such utilization in common shall come into force and have effect on approval, with or without amendment, by the Commission municipale du Québec.
An appeal shall lie to the Commission municipale du Québec by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.
Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.
If the notice is sent by mail, it is deemed received on being mailed.
The appeal is made by means of an inscription filed with the Commission municipale du Québec; notice thereof must be served on the adverse party or on his attorney.
Any dispute between interested parties arising out of the utilization in common must be submitted to the Commission municipale du Québec;
(19)  To regulate or prohibit the locating, constructing and maintaining of bridges and street railway tracks in, under, or over any street, alley or public place;
(20)  To regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the streets, avenues, lanes, sidewalks, public lands and places as well as in private dwellings and to authorize such distribution, upon issuance of a permit on the conditions determined by the by-law and, where such is the case, upon payment of the fee determined by the by-law;
(21)  To levy by assessment, upon all owners and occupants resident in any street or public place, funds sufficient to sweep, water and keep clean any such street or public place, provided that the majority of such persons have applied therefor by petition;
(22)  To prescribe the measures the council may deem necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, and, for that purpose, determine the manner in which sidewalks and roofs shall be kept,—every person obliged by law to care for any sidewalk or roof, shall be responsible towards the municipality for damage resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipality for damages;
(23)  To provide for winter maintenance of the streets, sidewalks and public places and establish such service as the council deems proper in each case, and decide, when it considers it appropriate, that snow shall be blown or piled on private grounds, provided that it also decides what precautions are necessary in such cases for preventing injury to persons or damage to property.
To meet the cost of such service, the council may impose and levy a tax on the property of the owners bordering on any street, group of streets or part of a street, according to the municipal valuation of lots or buildings, the total area or the frontage of the land.
In the apportionment of such cost, the portion that would be charged against the immovables that are exempt from all property taxes may be charged against all the taxable property of the territory of the municipality in proportion to its municipal valuation.
The tax for such service may be fixed in advance and claimed at the same time as the general property tax or be the real cost of the service, including management and financing costs, and be claimed as soon as that cost is established;
(24)  To prohibit the piling of snow or other incumbrances upon any street or alley or public place by persons or partnerships owning or operating any street railway along any such street or alley, or across such public place;
(25)  To remove and abate any nuisance, obstruction or encroachment upon the sidewalks, streets, alleys and public grounds, and prevent the encumbering of the same with vehicles, or any other things;
(26)  To require the owner or occupant of any immovable property to keep the sidewalks along or in front of the same free from obstructions, and to provide for the removal of such obstructions at the expense of such owner or occupant;
(27)  To compel every railway company to erect gates and to keep gate-keepers at the expense of the company at each road or street crossed by such railway within the territory of the municipality, and to prescribe a fine of not more than $20 for every day such company shall refuse and neglect to erect such gates after having been called upon so to do;
(28)  To prevent the obstruction of streets by the locomotives or cars of any railway company; to prescribe the precautions to be taken by conductors, engineers or firemen when crossing or about to cross the streets in the territory of the municipality, and to impose upon such railway company itself or upon the employees of such company a fine of not more than $20 for every infraction of the by-laws passed in that respect;
(29)  To regulate the speed of horses or other animals, bicycles, cars, locomotives and other vehicles within the territory of the municipality, and to compel persons to fasten their horses or other animals, harnessed or not, when they leave them standing in the streets, alleys or public places;
(30)  To regulate the use of bicycles and motor vehicles within the territory of the municipality, and prevent their being used in certain streets; subject, as regards automobiles, to the provisions of the Highway Safety Code (chapter C‐24.2);
(30.1)  To regulate or prohibit the parking of vehicles on any land or in any building intended for parking; to determine the lands and buildings so regulated, after an agreement with the owners;
(30.2)  To grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and to provide for other conditions which may vary according to the streets, groups or combinations of streets and groups;
(31)  To require every owner of a bicycle or non‐motorized bicycle to obtain from the municipality an annual licence; to fix the amount of that licence; to require that the licence be attached permanently to the vehicle and to enable the municipality to enter into agreement with a third person under which the third person issues the licence and collects its costs on behalf of the municipality; the third person and his employees are then deemed to be officers or employees of the municipality;
(32)  To prohibit taxis and autobuses from parking in the streets and public places in the territory of the municipality, elsewhere than at places set apart for such purpose by by‐law;
(33)  To permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers or other vehicles as dwellings or commercial establishments outside the grounds specially set apart for such purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph;
(34)  To regulate and prescribe the width of tires on the wheels of the vehicles used in the territory of the municipality, and the maximum weight of a load to be drawn over any street, and to direct upon what streets heavily laden vehicles may be drawn, and from what streets, alleys and public places the same shall be excluded, and to license vehicles of every description;
(35)  To regulate or prohibit the use of noisy vehicles in the streets and public places;
(36)  To regulate the exhibition, or carrying, or distribution of banners, placards, advertisements, or handbills or other articles in, near or upon streets, alleys, sidewalks and public places;
(37)  (Paragraph repealed);
(37.1)  (Paragraph repealed);
(38)  (Paragraph repealed);
(39)  To open, enclose, improve and maintain, at the expense of the municipality, aerodromes or taking off and landing fields for aeroplanes or airships within or without the territory of the municipality; and to acquire or lease any land necessary or useful for such purpose; and to enter into agreements with any person or company respecting the location, sale and working of the said aerodromes;
(40)  To acquire, develop, maintain or manage any port within or outside its territory.
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.
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. The streets or lanes open to the public for 10 years or more shall become the property of the municipality upon the observance of the following formalities:
(1)  The council shall approve by resolution a description of all streets or lanes or parts thereof with respect to which the municipality proposes to avail itself of this section;
(2)  Such description shall be made according to an official plan and book of reference made and deposited in conformity with the Cadastre Act (chapter C-1);
(3)  A copy of the description, certified by a land surveyor, must be deposited in the office of the clerk of the municipality and in the registry office;
(4)  The clerk of the municipality shall cause to be published twice in the Gazette officielle du Québec and in a daily newspaper circulating in the territory of the municipality, with an interval of not less than three months nor more than four months between publications, a notice containing:
(a)  the full text of this section;
(b)  a summary description of the streets or lanes concerned;
(c)  a declaration to the effect that the formalities prescribed by paragraphs 1 and 2 have been observed.
Any right that third parties might claim to the ownership of the site of the said streets or lanes shall be prescribed unless exercised by suit before the competent court within one year after the last publication in the Gazette officielle du Québec.
The municipality cannot avail itself of this section with respect to streets or lanes on which it has levied any tax within the preceding 10 years.
R. S. 1964, c. 193, s. 430; 1996, c. 2, s. 210; 2000, c. 42, s. 126; 2002, c. 37, s. 77.
§ 9.  — Water Supply
423. The council may make by-laws to provide for the establishment or acquiring, maintenance, management and regulation of waterworks, public wells, cisterns or reservoirs, to supply water in the territory of the municipality, and to instal hydrants, fountains, public drinking places and apparatus for filtering and purifying water.
R. S. 1964, c. 193, s. 433 (part); 1972, c. 49, s. 128; 1996, c. 2, s. 157.
424. The municipality may construct or acquire, and maintain, within its territory or within a distance of 48 km thereof, waterworks, together with all appurtenances and accessories, the construction or acquisition whereof is determined under section 423; it may improve the waterworks and change the site thereof; and construct and maintain all buildings, engines, reservoirs, basins and other works necessary to convey water.
R. S. 1964, c. 193, s. 434; 1984, c. 47, s. 213; 1996, c. 2, s. 158.
425. For the said purposes, the municipality may acquire and hold any land, servitude, or usufruct, within its territory or within a distance of 48 km thereof; acquire a right of way wherever it may be necessary; pay any damages occasioned by such works, either to buildings or lands; enter into contracts with any person for the construction of the said water-works; and operate the waterworks when completed.
For the construction of the waterworks and its maintenance afterwards, the contractor for the works or the officers or employees of the municipality authorized by resolution of the council shall have the right to enter during the day-time upon the lands in the neighborhood of the waterworks and take and remove trees, stones, soil, sand and gravel, if they need them for the work of construction or maintenance, and to cut and remove trees and roots which might damage the waterworks, saving reasonable compensation agreed upon between the parties or fixed according to the provisions of section 426.
R. S. 1964, c. 193, s. 435; 1984, c. 47, s. 213; 1996, c. 2, s. 159.
426. When the parties cannot come to an amicable arrangement with respect to the acquisition of any immovable property for waterworks or for any of the purposes mentioned in the preceding sections, or for the right of way through such property, or any servitude thereon, the same may be acquired by expropriation.
R. S. 1964, c. 193, s. 436; 1996, c. 2, s. 160.
427. The officers and employees of the municipality may enter upon any land or property, street, lane or public or private road, to lay or repair pipes and sewers and to do other necessary work in connection with the waterworks and sewers.
In addition to the officers and employees, any person authorized by the municipality may also enter upon any land, including land within a 48 km radius outside the territory of the municipality, for the purpose of
(1)  searching for a new source of water supply intended to supply a waterworks or public well and carrying out the inventories, studies and analyses required to assess the location, quantity, quality and vulnerability of the groundwater;
(2)  delimiting the supply area and protection areas of any existing or planned source of water supply intended to supply a waterworks or public well and assessing the vulnerability of the groundwater present in those areas.
The exercise of the powers under this section is subject, however, to restoring the premises to their former state and compensating the owner or person in charge of the land, as the case may be, for any damage. In addition, in the cases described in the second paragraph, the municipality is bound, except in the case of emergency, to give the owner or any other person in charge of the land prior notice of at least 48 hours of the person’s intention to enter upon the land for the purposes mentioned in that paragraph.
R. S. 1964, c. 193, s. 437; 2002, c. 53, s. 20.
428. If any person prevents an officer or employee of the municipality, or any other person acting on its behalf, from doing any of the said work, or from exercising any of the powers and rights hereinbefore granted, or embarrasses or interrupts him in the exercise of such rights, or causes any injury to the waterworks, apparatus or accessories thereof, or obstructs or prevents the working of the waterworks, or the apparatus or accessories thereto belonging, such person shall be liable, without prejudice to the penalties he may incur, for the damage that the municipality may suffer from any such act.
R. S. 1964, c. 193, s. 438; 1999, c. 40, s. 51.
429. The council may, by by-law, in order to meet the interest on the sums expended in the construction of waterworks, public wells, cisterns or reservoirs, and to establish a sinking-fund, impose on all the owners or occupants of houses, shops or other buildings, an annual special tax at a rate to be fixed by it, on the assessed value of each house, shop or building, including the land.
The sinking-fund created by virtue of this section shall be invested and managed in the same manner as that mentioned in section 548.
R. S. 1964, c. 193, s. 439.
430. Such special tax shall be imposed and levied, even upon the owners or occupants not availing themselves of the water from the waterworks; provided that the municipality has notified such owners or occupants, that it is prepared, at its own expense, to bring the water to the line of the street opposite their respective houses, shops or buildings.
R. S. 1964, c. 193, s. 440.
431. Upon a petition, signed by the majority of the owners of immoveable property affected, such majority being both in number and by reason of feet frontage of their properties, the council shall have power to impose and levy a special real tax, payable by annual instalments, during a period of not more than twenty years, with interest on all balances remaining due at the rate of six per cent per annum, on the immoveables facing the water conduits constructed by the municipality, to pay the cost of the same. Of whatever dimensions a water conduit, thus constructed, may be, there shall not be levied on the bordering proprietors more than their proportion of the cost of a 15 cm diameter conduit.
The tax authorized under this section shall be imposed according to the frontage.
R. S. 1964, c. 193, s. 441; 1984, c. 47, s. 213.
432. The council may make by-laws:
(1)  To prohibit any occupant of a house or building supplied with water from the waterworks, from furnishing such water to others, or from using it otherwise than for his own use, or from wasting it;
(2)  To prescribe the size, quality, strength, and location of the pipes, valves, cocks, cisterns, water-closets, baths, and other similar apparatus;
(3)  To prevent the pollution of the water in the waterworks or reservoirs and the practising of frauds upon the municipality with regard to the supply of water from the waterworks;
(4)  To establish the rate for water which may vary for each class of users, in addition to the special taxes mentioned in sections 429 and 431; to supply meters for buildings or establishments, for measuring the quantity of water used therein; and to fix the amount to be paid for the water and rent of meters;
(5)  To provide that the water-rate shall be due and payable by instalments, and within such time as it shall deem proper to fix;
(6)  To provide that the legal rate of interest upon the arrears of water-rate shall not be due until the expiration of such time;
(7)  To provide for any other matter or thing of any nature or kind whatsoever, having reference to the waterworks, which it may be necessary to regulate or determine for the proper working of such waterworks.
R. S. 1964, c. 193, s. 442; 1987, c. 42, s. 2; 1999, c. 40, s. 51.
433. The municipality may make a special agreement with consumers for the supply of water in special cases, where it is considered that there is more than the ordinary consumption of water.
R. S. 1964, c. 193, s. 443.
434. The special tax and the water-rate imposed under sections 429, 431 and 432, as well as all other taxes due for water or for meters, shall be levied according to the rules and in the manner prescribed for general taxes.
R. S. 1964, c. 193, s. 444.
435. As soon as the municipality is ready to furnish water to any part of the territory of the municipality not already supplied, public notice thereof shall be given; and, after such notice, all persons liable to the payment of water-rates in such part of the territory, whether they consent or not to receive the water, shall pay the rates fixed by the tariff.
R. S. 1964, c. 193, s. 445; 1996, c. 2, s. 161.
436. The municipality shall lay the distribution pipe to the line of the street, and may exact payment of the water-rate from the property-owner, even although the latter refuses or neglects to connect such pipe with his house or building.
R. S. 1964, c. 193, s. 446.
437. If any property-owner refuse or neglect to do the work necessary for the supply of water to any house occupied by a tenant, and the council exacts payment of the water-rate from the tenant, such tenant may withhold from the owner, out of the rents to be paid him for the property he occupies, the amount thus paid by him to the municipality, unless otherwise provided in the lease.
R. S. 1964, c. 193, s. 447.
438. When a dwelling-house or other building is occupied by two or more tenants, subtenants or families, the municipality may require from the owner that a separate and distinct service pipe be provided by him for each such tenant, subtenant or family, occupying separate apartments, so that the municipality may at all times have control over the supply of water furnished to each such tenant, subtenant or family, as in the case of single tenanted houses; and if the property-owner, after being notified in writing to that effect by an officer or employee of the municipality, refuses or neglects to comply with the requirements of this section within a reasonable time, not to exceed fifteen days, he shall be liable to the payment of the rates imposed for the water so supplied to the said tenants, subtenants or families; and such liability on the part of the property-owner shall continue so long as he does not comply with the requirements aforesaid.
Such liability shall apply to any owner of a row of dwelling-houses or tenements contiguous to one another, who refuses or neglects to provide each such house or tenement with a separate and distinct service pipe, after notice given to him, as aforesaid; and such liability shall also apply to the owner in all cases where the number of tenants, subtenants or families in a dwelling-house is such that it is impossible to provide a separate service pipe for each of them; and the municipality may, in such cases, exact from the owner the ordinary price of water for each such tenant, subtenant or family.
R. S. 1964, c. 193, s. 448; 1968, c. 55, s. 5; 1999, c. 40, s. 51.
439. The council may, by by-law, enact that the water-rates shall, in all cases, be paid by the owners.
R. S. 1964, c. 193, s. 449.
440. A municipality may suspend the supply of water to a person who has failed to pay a sum required for such service and who, on the lapse of 30 days after the sending of the notice provided for in the second paragraph, has omitted to remedy such failure. The suspension shall continue until the sum is paid.
The treasurer shall send to the person, by registered or certified mail, a notice informing him of his failure to pay and of the suspension of the supply of water to which he may be subject under the first paragraph.
R. S. 1964, c. 193, s. 450; 1996, c. 27, s. 15.
440.1. A municipality may suspend the supply of water to a person who makes abusive use of the water or whose equipment causes water to be wasted or the quality of the water to deteriorate, and who, on the lapse of 10 days after the sending of the notice provided for in the second paragraph, has omitted to take the required corrective measures. The suspension shall continue until such measures are taken.
The competent officer shall send to the person, by registered or certified mail, a notice exposing the problem, indicating the corrective measures to be taken and informing the person of the suspension of the supply of water to which he may be subject under the first paragraph.
1996, c. 27, s. 15.
440.2. The sum required for the supply of water, except to the extent that it is related to actual consumption, shall remain payable throughout the period in which the service is suspended under section 440 or 440.1.
1996, c. 27, s. 15.
441. The officers or employees of the municipality appointed for the management of the waterworks may, at any reasonable time, enter into any house or building whatsoever, or upon any property whether situated within or without the territory of the municipality, for the purpose of satisfying themselves that the water is not wasted and that the by-laws relative to the waterworks are faithfully carried out.
Every such officer or employee shall, on request, identify himself and produce a certificate of his capacity issued by the municipality.
The owners or occupants of any such house, building or property shall allow the officers or employees of the municipality to make such visit or examination.
The water may be cut off from any person refusing to admit the officers or employees of the municipality, so long as such refusal continues.
R. S. 1964, c. 193, s. 451; 1968, c. 55, s. 5; 1986, c. 95, s. 51; 1996, c. 2, s. 162.
442. The municipality shall not be bound to warrant the quantity of water to be supplied; and no person may refuse, on account of the insufficiency of the water supply, to pay the annual special tax and the compensation for the use of the water.
R. S. 1964, c. 193, s. 452.
443. The council may also make special agreements for the supply of water outside the territory of the municipality, provided that the persons with whom such agreements are made comply with the by-laws respecting the management of the waterworks.
R. S. 1964, c. 193, s. 453; 1996, c. 2, s. 163.
444. The council may, by by-law, transfer its rights and powers, respecting the water-supply, to any person or partnership willing to undertake the same, provided that such person or partnership does not exact, for the use of the water, rates higher than those approved or determined by by-law of the council.
The by-law must be submitted for approval to the qualified voters and to the Government.
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.
§ 10.  — Lighting
445. The council may make by-laws providing for the lighting of the territory of the municipality by means of gas, electric or other light furnished by any person or partnership, and the municipality may become a party to any contract to that effect.
R. S. 1964, c. 193, s. 455; 1996, c. 2, s. 164; 1999, c. 40, s. 51.
446. The council shall have all the necessary powers for the establishment and management of a system of lighting by gas, electricity or otherwise, for the requirements of the public and of persons desiring to light their houses, buildings or establishments.
R. S. 1964, c. 193, s. 456; 1999, c. 40, s. 51.
447. At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Régie du bâtiment du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions as it may determine.
R. S. 1964, c. 193, s. 457; 1977, c. 5, s. 14; 1988, c. 23, s. 84; 1991, c. 74, s. 168.
448. The council may, by by-law, in order to meet the interest on the sums expended in introducing a system of lighting, and to establish a sinking-fund, impose on all the owners or occupants of houses, shops or other buildings, an annual special tax, on the assessed value of such houses, buildings or establishments, including the land.
The sinking-fund created by virtue of this section shall be invested and managed in the same manner as that mentioned in section 548.
R. S. 1964, c. 193, s. 458.
449. The council may make by-laws:
(1)  If the lighting system belongs to the municipality:
(a)  To determine, in addition to the special tax mentioned in section 448, the compensation, which may vary for each class of users, to be paid for light and for the rent of meters, and for supplying meters to measure the quantity of light consumed;
(b)  To prevent fraud in connection with the quantity of light supplied;
(c)  To protect the wires, pipes, lamps, apparatus and other articles serving for the distribution of light;
(2)  If the lighting system belongs to the municipality or to others,—to prescribe penalties against persons extinguishing the lamps without authority.
R. S. 1964, c. 193, s. 459; 1987, c. 42, s. 3; 1992, c. 61, s. 121.
450. The special tax and the compensation imposed under sections 448 and 449 shall be levied according to the rules and in the manner prescribed for general taxes.
R. S. 1964, c. 193, s. 460.
451. Any citizen may accept or refuse to use the light supplied by the municipality in any building, house or establishment controlled by him.
R. S. 1964, c. 193, s. 461.
452. The officers or employees of the municipality, appointed to manage the lighting system of the municipality, may, at any reasonable time, enter any building, house or establishment, and upon any property, for the purpose of ascertaining whether the by-laws respecting lighting are faithfully observed.
Every such officer or employee shall, on request, identify himself and produce a certificate of his capacity issued by the municipality.
The owners or occupants of all such buildings, houses, establishments or properties shall allow such officers or employees of the municipality to enter and make such inspection or examination, on penalty of a fine of not more than $20.
R. S. 1964, c. 193, s. 462; 1968, c. 55, s. 5; 1986, c. 95, s. 52; 1990, c. 4, s. 176.
453. The owners or occupants of houses, buildings or lands in the territory of the municipality shall, whether the lighting system belongs to the municipality or to others, permit the pipes, wires, lamps and posts necessary for the lighting for public purposes to be placed on their houses, buildings or lands, subject to the payment of the actual damages, if any be occasioned thereby.
R. S. 1964, c. 193, s. 463; 1996, c. 2, s. 165.
§ 11.  — Heating and Power
454. The council shall have all the powers necessary for the establishment and administration of any system or systems of heating and power development by means of gas, electricity or otherwise for the use of the public, or of persons desiring to make use thereof in their houses, buildings or establishments; and subdivision tenth of Division eleventh of this act (sections 445 to 453) shall apply to this subdivision.
R. S. 1964, c. 193, s. 464; 1999, c. 40, s. 51.
454.1. Any municipality, may, with Hydro-Québec, constitute a limited partnership governed by the Civil Code of Québec (Statutes of Québec, 1991, chapter 64) having, among other objects, the object of producing electricity.
1997, c. 93, s. 52; 2000, c. 56, s. 113.
454.2. Hydro-Québec must furnish, at all times, at least half of the contribution to the common stock of the partnership referred to in section 454.1, and must be the partnership’s general partner.
1997, c. 93, s. 52.
§ 12.  — Community Radio and Television Aerials
455. The council shall have all necessary powers to establish and administer systems of community radio and television aerials for the needs of the public or of persons wishing to make use thereof in their houses, buildings or establishments; and sections 445 to 453 shall apply to this section. The council, however, shall not acquire by expropriation the existing systems in the territory of the municipality, in the exercise of the powers assigned to it by the other provisions of this section.
1968, c. 55, s. 124; 1996, c. 2, s. 210; 1999, c. 40, s. 51.
§ 13.  — Street Railways
456. The council may make by-laws:
(1)  To permit, under such conditions and restrictions as it may impose, the track of any street railway to be laid in the territory of the municipality;
(2)  To regulate the number of passengers to be carried in each car or vehicle used by the company operating such street railway;
(3)  To regulate the condition in which the cars are to be kept;
(4)  To regulate the use of locomotives, and of steam or other motive power on any street railway in the territory of the municipality;
(5)  To prescribe and regulate the speed of the cars;
(6)  To prescribe fines, not to exceed $400, upon the company managing any such railway, or any of its servants, for each violation of any of the by-laws passed in virtue of this section.
R. S. 1964, c. 193, s. 465; 1992, c. 61, s. 122; 1996, c. 2, s. 210.
§ 14.  — Markets
457. The council may make by-laws:
(1)  To establish, erect, maintain, enlarge, change or do away with public markets, or to permit their establishment under license; to establish, change, enlarge, reduce, or abolish market-places, and to cause the ground wholly or partly occupied by a market or market-place to be used for any purpose determined by the council;
(2)  To regulate the leasing of stalls and other places in the public markets or on the public market-places; to lease and concede the use of private stalls on such conditions and at such prices as may be determined in the by-law;
(3)  To regulate the sale and exposing for sale on the markets, or on the public market-places, of any kind of articles except food, and to prohibit the sale of certain articles in particular;
(4)  To regulate the manner of placing vehicles in which food is exposed for sale in the markets, or on the public market-places; to impose a duty on such vehicles, and establish the mode in which such duty shall be collected;
(5)  To require that provisions and provender, usually bought and sold in public markets, and brought to the territory of the municipality for sale, shall be conveyed to the public markets and there exposed for sale; and that no such provisions or provender shall be offered, or exposed for sale, or be sold or purchased elsewhere in the territory of the municipality than on the public markets or market-places; but the council may empower any person to sell, offer or expose for sale, beyond the limits of such markets, meat, vegetables and provisions usually bought and sold on public markets, by granting him a license for that purpose, upon payment of such sum and upon such conditions, as shall be fixed by by-law;
(6)  To impose taxes or licenses upon all persons selling on the public markets or market-places;
(7)  To establish and maintain public scales and to collect the revenue therefor;
(8)  To determine and define the duties and powers of all persons employed in superintending public scales or markets in the territory of the municipality, and to confer upon such officers or employees, at the time of an inspection, the power to seize articles and produce, except food, in case of fraud as to measure, weight or quality; and to determine the manner in which such seized articles shall be disposed of;
(9)  To determine all things connected with the government of public markets.
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.
458. The market clerks, or any other person authorized therefor, may enter into yards and lanes for the purpose of recovering and collecting the market dues or taxes due for cattle, grain, produce, provisions and other articles brought into the territory of the municipality to be sold or delivered.
R. S. 1964, c. 193, s. 467; 1996, c. 2, s. 210.
§ 14.1.  — Commercial development corporations
1982, c. 65, s. 2; 1997, c. 53, s. 2.
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.
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.
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.
458.3. The association may be formed on the application of ten ratepayers having a place of business in the district. The application shall be submitted to the council of the municipality.
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.
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.
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.
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.
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.
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.
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.
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.
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.