M-22.1 - Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Updated to 1 April 1999

This document has official status.

chapter M-22.1

Act respecting the Ministère des Affaires municipales

The Minister of State for Education and Youth exercises the functions of the Minister of Municipal Affairs provided for in section 7.1 of this Act as regards the areas of recreation and sport. O.C. 1499-98 of 98.12.15, (1999) 131 G.O. 2, (French), 72.

DIVISION I ORGANIZATION OF THE DEPARTMENT

1. The Ministère des Affaires municipales is under the direction of the Minister of Municipal Affairs appointed under the Executive Power Act (chapter E-18).

1984, c. 40, s. 1.

The Minister of Municipal Affairs is designated under the name of Minister of Municipal Affairs and Greater Montréal.

The Ministère des Affaires municipales is designated under the name of Ministère des Affaires municipales et de la Métropole.

O.C. 1501-98 of 98.12.15, (1999) 131 G.O. 2 (French), 73.

2. The Government, in accordance with the Public Service Act (chapter F-3.1.1), shall appoint a person as Deputy Minister of Municipal Affairs.

1984, c. 40, s. 2.

3. Under the direction of the Minister, the Deputy Minister shall administer the department.

He shall, in addition, perform any other duty assigned to him by the Government or the Minister.

1984, c. 40, s. 3.

4. In the discharge of his duties, the Deputy Minister has the authority of the Minister.

1984, c. 40, s. 4.

5. The Deputy Minister may in writing and to the extent he indicates delegate the exercise of powers vested in him by this Act to a public servant or the holder of a position.

In the deed of delegation, the Deputy Minister may authorize the subdelegation of the powers he indicates; in such a case, he shall identify the holder of a position or the public servant to whom the power may be subdelegated.

1984, c. 40, s. 5.

6. The staff of the department consists of the public servants required for the discharge of the Minister’s duties; they are appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.

1984, c. 40, s. 6.

DIVISION II DUTIES AND POWERS OF THE MINISTER

7. The Minister shall see to the good administration of the municipal system in the interest of the municipalities and their citizens.

The Minister shall, in particular,

(1)  see to the organization and maintenance of municipal institutions where justified by the population;

(2)  promote the exercise of democratic procedure in municipalities, particularly by fostering participation in municipal institutions;

(3)  ascertain that the municipal administration is providing sound management of public moneys and, within the limits of its competence, is seeing to the welfare of persons under its jurisdiction;

(4)  supervise the administration and enforcement of the Acts respecting the municipal system;

(5)  assist and support the municipalities in the discharge of their duties;

(6)  advise the Government, other departments and public bodies, and, as the need arises, make recommendations to them on any matter regarding their activities where these affect municipal affairs;

(7)  (subparagraph repealed);

(8)  conduct or commission research, surveys or analyses in municipal affairs.

1984, c. 40, s. 7; 1988, c. 46, s. 2.

7.0.1. As Minister responsible for housing, the functions and powers of the Minister shall particularly consist in

(1)  carrying out or causing to be carried out research, studies, inquiries or inventories on the housing needs and housing conditions of the population;

(2)  establishing, in co-operation with the departments, governmental or municipal bodies, groups or individuals concerned, the needs, priorities and goals for all housing sectors in Québec;

(3)  promoting the improvement of housing conditions and citizens’ access to home ownership by any means he may deem proper, including the establishment of financial assistance programs for housing;

(4)  fostering the development and implementation of programs for the construction, acquisition, fitting up, restoration and administration of housing;

(5)  stimulating the development and coordination of public and private initiatives in the field of housing.

1994, c. 12, s. 47.

7.1. As the minister responsible for recreation, sport and outdoor activities, the Minister shall foster the development thereof.

In that capacity, the Minister may, with the authorization of the Government, acquire any immovable by agreement or expropriation; he may also, with the authorization of the Government, alienate or lease immovables.

1994, c. 17, s. 56.

8. The Minister shall devise policies on the activities of the department and propose them to the Government. He shall supervise and coordinate their execution.

1984, c. 40, s. 8.

9. The Minister may, in the discharge of his duties,

(1)  obtain from the departments and from governmental or municipal bodies any available information necessary for the discharge of his duties;

(2)  enter into an agreement according to law with any government other than that of Québec, any Minister of such a government, any international organization or any agency of such a government or organization, in order to carry out his functions.

1984, c. 40, s. 9.

10. The Minister shall table in the National Assembly a report of the activities of the department for each fiscal period.

The report shall be tabled within six months after the end of the fiscal period if the Assembly is in session or, if it is not sitting , within 30 days after the opening of the next session or after resumption.

1984, c. 40, s. 10.

11. Where the Minister is empowered under a legislative provision to approve, authorize or disallow a regulation, a resolution or any other act, he may, before making his decision, seek the advice of the Commission municipale du Québec.

1984, c. 40, s. 11.

12. The Minister may give advice or make recommendations to a municipal council on any aspect of the administration of the municipality.

1984, c. 40, s. 12.

13. Any advice or recommendation contemplated in section 12 shall be sent to the mayor and to the secretary-treasurer or clerk of the municipality by registered or certified mail. The mayor and the secretary-treasurer or clerk shall refer them to the council at its next regular sitting following receipt of the letter.

If the Minister so orders in his letter, the secretary-treasurer or clerk shall publish the letter or, where such is the case, a summary provided by the Minister, in the manner prescribed for the publication of notices by the municipality.

1984, c. 40, s. 13.

14. The Minister, following an investigation under subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), may give instructions to the council of the municipality that was the object of the investigation. The council shall comply with the instructions and take the measures prescribed by the Minister.

Section 13 applies, adapted as required, to the Minister’s instructions.

1984, c. 40, s. 14.

15. Any public servant of the department designated in writing by the Minister may visit, at any reasonable time, the office of a municipality to ascertain that the Acts under the administration of the Minister are being properly enforced.

The designation contemplated in the first paragraph may be in respect of all municipalities or envisage only one or a certain group of them. It may be valid for a specified period or until revoked.

Any public servant who makes the visit described in the first paragraph shall make a report to the Minister.

1984, c. 40, s. 15; 1986, c. 95, s. 188.

16. Where justified in the public interest, the Minister may, in writing, require a public servant of the department to inquire into the conduct of an officer or employee of a municipality.

1984, c. 40, s. 16.

17. A public servant designated in accordance with section 15 or section 16 shall, at the request of a member of the council or of an officer or employee of the visited municipality, identify himself and produce proof of his designation.

1984, c. 40, s. 17; 1986, c. 95, s. 189.

DIVISION III DEPARTMENTAL DOCUMENTS

18. Any document bearing the signature of the Minister or the Deputy Minister is binding on the Minister.

The signature of a document by a public servant is not binding on the Minister and is attributable to the Minister only in the cases determined by regulation of the Government published in the Gazette officielle du Québec.

1984, c. 40, s. 18.

19. The Government, by regulation published in the Gazette officielle du Québec, may, on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.

1984, c. 40, s. 19.

20. Any copy of a document forming part of the records of the department, certified by the Minister, the Deputy Minister or a person designated in writing by the Minister, is authentic.

1984, c. 40, s. 20.

DIVISION IV AUDITORS OF MUNICIPALITIES

21. Every member of a professional order of accountants mentioned in the Professional Code (chapter C-26) may act as auditor to a municipality.

1984, c. 40, s. 21; 1994, c. 40, s. 457.

DIVISION IV.1 TABLE QUÉBEC-MUNICIPALITÉS

1998, c. 31, s. 100.

21.1. The Table Québec-Municipalités shall advise the Minister on any question submitted to it by the Minister.

1998, c. 31, s. 100.

21.2. The Minister shall determine the composition of the Table Québec-Municipalités.

1998, c. 31, s. 100.

DIVISION V FINAL PROVISIONS

22. (Omitted).

1984, c. 40, s. 22.

23. (Omitted).

1984, c. 40, s. 23.

24. (Amendment integrated into c. P-23, s. 3).

1984, c. 40, s. 24.

25. (Amendment integrated into c. P-23, s. 4).

1984, c. 40, s. 25.

26. (Amendment integrated into c. P-23, s. 5).

1984, c. 40, s. 26.

27. (Amendment integrated into c. P-23, s. 6).

1984, c. 40, s. 27.

28. (Amendment integrated into c. P-23, s. 7).

1984, c. 40, s. 28.

29. (Amendment integrated into c. P-23, s. 8).

1984, c. 40, s. 29.

30. (Amendment integrated into c. P-23, s. 9).

1984, c. 40, s. 30.

31. (Amendment integrated into c. P-23, s. 10).

1984, c. 40, s. 31.

32. Any regulation or order in force on 31 December 1984 and made under a provision replaced by this Act remains in force until it is replaced or repealed, to the extent to which it is consistent with this Act.

1984, c. 40, s. 32.

33. Persons appointed under section 7 of the Act respecting the Ministère des Affaires municipales (chapter M‐22) replaced by the Act respecting the Ministère des Affaires municipales (1984, chapter 40) remain in the positions they hold on 31 December 1984 in accordance with the Public Service Act (chapter F-3.1.1).

1984, c. 40, s. 33.

34. (This section ceased to have effect on 1 January 1990).

1984, c. 40, s. 34; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

35. (Omitted).

1984, c. 40, s. 35.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 40 of the statutes of 1984, in force on 1 March 1985, is repealed, except section 35, effective from the coming into force of chapter M-22.1 of the Revised Statutes.