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(1) (Paragraph repealed);
(2) (Paragraph repealed);
(3) (Paragraph repealed);
(4) (Paragraph repealed);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 twelve months, the demolition of any immoveable 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 Cultural Affairs.
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 fifteen days following the adoption of such by-law, the municipality must address a request to the Minister of Cultural Affairs in order that the immoveable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act (chapter B-4), or that the identified territory be declared a historic or natural district within the meaning of the said act.
If, at the expiry of the delay of twelve months from the date of the notice of motion, the Minister of Cultural Affairs has not recognized or classified the immoveable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Cultural Affairs has not given the notice of intention under the Cultural Property Act (chapter B-4), the by-law ceases to have effect.
The provisions of this paragraph apply to all municipalities, even to those not contemplated by section 1. In the case of a city or a town 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 Cultural Affairs.
The property-owner who proceeds to demolish his immoveable 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(6) (Paragraph repealed);
(7) (Paragraph repealed);
(8) (a) (Subparagraph repealed);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 impose a fine of $100 for the violation of any by-law made under the provisions of this paragraph, and to enact that, in default of immediate payment of the said fine and costs by the offender, he shall be condemned to imprisonment for not more than two months, which imprisonment shall terminate if the fine and costs be paid before the expiration of such period, and to impose a further fine of $50 per day, for each and every day the offender shall continue to violate such by-law;
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 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 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 the municipality or part 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 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 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 municipality determined by the council. Prescriptions of the by-law may differ according to the sectors 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 enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.
The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.
The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.
The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law which must not exceed $10 for a parking infraction or $25 for the infraction of any other by-law contemplated in this paragraph except an infraction to any provision adopted under paragraph 3, 4 or 7 of section 512 of the Highway Safety Code (chapter C-24.1), in which case the sum must be equal to the minimum provided for in the said Code for a fine relating to an infraction to any provision thereof respecting the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.
If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the municipality may file a complaint against him according to law.
The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must send a copy of the notice to the clerk of the court within forty-eight hours afterwards. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and deposit therein the document which is a summons duly authorized and served within the meaning of the Summary Convictions Act and liable to be returned on the date fixed;
(20.1) To enact that no penal proceedings may be instituted under a municipal by-law relating to traffic, parking or public safety, without the clerk’s having sent by mail to the owner or operator of the vehicle, a notice of summons describing the infraction and indicating the minimum penalty and also the place where such penalty, plus an additional $5 for costs, may be paid within the delay prescribed in the by-law.
The payment of the amount required within the delay fixed by the notice precludes the institution of penal proceedings.
However, such payment may not be invoked as an admission of civil responsibility.
After such payment, the accused is considered to have been found guilty of the infraction. However, if the infraction involves the suspension or cancellation of a permit or a registration certificate, the accused may, if not so informed thereof in the notice, renounce the immunity from prosecution resulting from the payment and thus render his admission of guilt void;
(21) To erect in the municipality a place of detention and one or more places for the temporary custody of any person under arrest;
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 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 where each apparatus or device must be installed;
(d) To grant to the owner of a dwelling 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;
(e) To require the owner, lessee or occupant of a dwelling 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, 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 delay 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 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 considered as municipal taxes;
(28) To impose a penalty of not less than $1 nor more than $5 on all persons whose chimneys may have caught fire, after any refusal to allow them to be swept; and whenever any chimney, which shall have caught fire as aforesaid, is common to several houses or households in the same house, the above penalty may be imposed in full on each house or household, or divided among them in proportion to the degree of negligence of each;
(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 municipality to remove the same when it becomes dangerous to buildings, structures or other neighbouring property;
(31) To fix the places in 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 or explosive materials, within the municipality or within 1 km therefrom;
(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 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 outside municipality that 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 corporation to claim the reimbursement of the cost it may incur where such a system is defective;
(c) To allow the corporation 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. — Motor Boats
(45) To prohibit or regulate the use of motor boats or any category of motor boats on waters, situated within the municipility, of any lake the diameter of which, in its greatest width, does not exceed 8 km, on the shores of which there is a holiday camp or an establishment for sick or handicapped persons, or which is used for recreational purposes for children or youth organizations, or around which rest or country homes are located. Such prohibition by-law may vary with each lake contemplated in this paragraph.
Without restricting the general meaning of the preceding paragraph, the council may, for the use of these boats on such lakes, determine the speed permissible and prescribe the use of mufflers, lights and horns, and any other measures which it may deem expedient to prevent accidents and secure the safety and comfort of the users of the lake;
XV. — Child day care
(46) To establish, maintain and improve day care centres, nursery schools or stop-over centres, in accordance with the Act respecting child day care (chapter S-4.1) and the regulations.
A corporation may also
(a) act as a home day care agency, in accordance with the said act and the regulations;
(b) when the Office des services de garde à l’enfance designates it, under section 69 of the said act, to be its regional representative, act in that capacity and exercise the functions attached thereto;
(c) exercise any power the bureau authorizes it to exercise under the said section;
(d) make an agreement with the bureau under section 70 of the said act.