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 Protection Act (chapter P-35);
(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 municipality; to secure the isolation of persons infected by such diseases, and enforce such by-laws within 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 municipality; the whole without prejudice to the provisions of the Public Health Protection 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 delay, 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(4) (paragraph repealed);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 — Repealed
(5) (paragraph repealed);
(6) (paragraph repealed);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 — Repealed
(7) (paragraph repealed);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 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 municipality or in such places in 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 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, and to make an agreement with any other municipality, by whatever law governed, to contribute to the construction, to the equipment and to the operation in common of such incinerator or plant;
(b.1) To establish and operate an establishment for the salvage and treatment of refuse matters that may be recycled; to entrust any person with those functions;
(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 real estate 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 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 in 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 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; 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 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 municipality;
(16) To regulate the location, construction and use of breweries, stables, livery-stables, blacksmith-shops and foundries within the municipality;
(17) To prohibit offensive or unwholesome undertakings or establishments within 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 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 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 delays 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 any adjoining 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 require, notwithstanding any legislative provision inconsistent herewith, that the construction of private conduits, water intakes and sewer outlets, as well as their connection with the public conduits and their maintenance, shall be done at the expense of the owner, the cost of repairing the street, pavement and sidewalk, where necessary, forming part of such expense.
To require that all works in the street shall be performed by the municipal corporation or with its permission and under the supervision of its representative, at the cost of the proprietor who must deposit a sum fixed by the council to ensure the immediate payment of the total cost of such works.
To prescribe the mode, materials and time of construction and connection of such works; the cost of the works referred to in the first and second paragraphs which are performed at the owner’s expense 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; the cost is secured by a legal hypothec on the immovable.
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 municipal corporation shall not be liable for damages caused to the immovable or its contents through flooding occasioned by the back-flow of sewage;
(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 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 municipality by whom or at whose expense the same shall be made.
In cases where local or county municipalities drain into or contribute water to a city or town, or the city or town contributes water to or drains into local or county municipalities, the county council of such local or county municipality, or the board of delegates, as the case may be, must, upon consent first obtained by resolution of the council of the said city or town, treat the said city or town as a local municipality under the control of the county council or board of delegates, as provided for by the Municipal Code (chapter C-27.1) where two or more local municipalities under their control are concerned.
The council of the city or town shall then have authority to appoint a delegate to represent it on the county council or on the board of delegates, as the case may be, which delegate, as regards works on watercourses and bridges, shall have the same powers and jurisdiction as a county councillor or a county delegate.
In default of the above consent, and of the appointment of its delegate within 15 days after a notice has been given by the secretary of the county council or the secretary of the delegates, the corporation of the county or the board of delegates may apply to the Court of Québec, by a petition, five days’ notice whereof shall be given to the said city or town municipality, to cause it to be declared that the territory or part of the territory of the said municipality is interested in the works on the watercourses and bridges, according to the direction of the watercourses, and to have a delegate appointed by the said court to represent the city or town corporation on the county council or the board of delegates.
After such consent and such appointment or such judgment, the territory so declared to be interested in the said works shall be treated as forming part of the county municipality, and shall, for the purposes of the said works, be under the jurisdiction of the county council or of the board of delegates as well as of the superintendents or other officers who may be appointed by such two authorities, as if the said territory formed part of the county municipality in question.
The judgment rendered on such petition shall not be subject to appeal;
(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 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 municipality;
(32) To order embankment works to protect all or part 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 public domain.
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.