C-35 - Act respecting the Commission municipale

Full text
22. (1)  Except when exercising its audit functions with regard to municipalities and municipal bodies under Division X, the Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.
It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.
The Commission may make recommendations in the report of its investigation.
It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.
In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. The Commission is not bound by this requirement if a person invited in writing to present or to otherwise transmit observations within a reasonable time has refused or neglected to do so.
A request by the Minister or the Government under the first or second paragraph may also concern a legal person referred to in section 107.7 of the Cities and Towns Act (chapter C-19) or a municipal body within the meaning of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.
Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the qualified voters.
The Commission may, however, order the carrying out of the works and authorize the loan without such approval.
If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.
An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same time as for a judgment by the Superior Court in the course of a proceeding.
This subsection shall not apply to waterworks and sewer works.
R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2; 1987, c. 93, s. 1; 1987, c. 57, s. 773; 1997, c. 43, s. 188; 1999, c. 40, s. 65; 2009, c. 26, s. 34; I.N. 2016-01-01 (NCCP); 2018, c. 82018, c. 8, s. 113.
22. (1)  The Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.
It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.
The Commission may make recommendations in the report of its investigation.
It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.
In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. The Commission is not bound by this requirement if a person invited in writing to present or to otherwise transmit observations within a reasonable time has refused or neglected to do so.
A request by the Minister or the Government under the first or second paragraph may also concern a legal person referred to in section 107.7 of the Cities and Towns Act (chapter C-19) or a municipal body within the meaning of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.
Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the qualified voters.
The Commission may, however, order the carrying out of the works and authorize the loan without such approval.
If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.
An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same time as for a judgment by the Superior Court in the course of a proceeding.
This subsection shall not apply to waterworks and sewer works.
R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2; 1987, c. 93, s. 1; 1987, c. 57, s. 773; 1997, c. 43, s. 188; 1999, c. 40, s. 65; 2009, c. 26, s. 34; I.N. 2016-01-01 (NCCP).
22. (1)  The Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.
It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.
The Commission may make recommendations in the report of its investigation.
It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.
In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. The Commission is not bound by this requirement if a person invited in writing to present or to otherwise transmit observations within a reasonable time has refused or neglected to do so.
A request by the Minister or the Government under the first or second paragraph may also concern a legal person referred to in section 107.7 of the Cities and Towns Act (chapter C-19) or a municipal body within the meaning of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.
Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the qualified voters.
The Commission may, however, order the carrying out of the works and authorize the loan without such approval.
If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.
An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same time as for an interlocutory judgment of the Superior Court.
This subsection shall not apply to waterworks and sewer works.
R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2; 1987, c. 93, s. 1; 1987, c. 57, s. 773; 1997, c. 43, s. 188; 1999, c. 40, s. 65; 2009, c. 26, s. 34.
22. (1)  The Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.
It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.
The Commission may make recommendations in the report of its investigation.
It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.
In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. The Commission is not bound by this requirement if a person invited in writing to present or to otherwise transmit observations within a reasonable time has refused or neglected to do so.
(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.
Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the qualified voters.
The Commission may, however, order the carrying out of the works and authorize the loan without such approval.
If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.
An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same time as for an interlocutory judgment of the Superior Court.
This subsection shall not apply to waterworks and sewer works.
R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2; 1987, c. 93, s. 1; 1987, c. 57, s. 773; 1997, c. 43, s. 188; 1999, c. 40, s. 65.
22. (1)  The Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.
It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.
The Commission may make recommendations in the report of its investigation.
It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.
In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. The Commission is not bound by this requirement if a person invited in writing to present or to otherwise transmit observations within a reasonable time has refused or neglected to do so.
(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.
Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the qualified voters.
The Commission may, however, order the carrying out of the works and authorize the loan without such approval.
If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.
An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same delays as for an interlocutory judgment of the Superior Court.
This subsection shall not apply to waterworks and sewer works.
R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2; 1987, c. 93, s. 1; 1987, c. 57, s. 773; 1997, c. 43, s. 188.
22. (1)  The Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.
It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.
The Commission may make recommendations in the report of its investigation.
It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.
In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. This condition is fulfilled if the person has been invited to appear before the Commission within a reasonable time and has refused or neglected to do so. The invitation shall be served in the same manner as a summons under the Code of Civil Procedure (chapter C-25).
(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.
Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the qualified voters.
The Commission may, however, order the carrying out of the works and authorize the loan without such approval.
If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.
An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same delays as for an interlocutory judgment of the Superior Court.
This subsection shall not apply to waterworks and sewer works.
R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2; 1987, c. 93, s. 1; 1987, c. 57, s. 773.
22. (1)  The Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.
It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.
The Commission may make recommendations in the report of its investigation.
It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.
In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. This condition is fulfilled if the person has been invited to appear before the Commission within a reasonable time and has refused or neglected to do so. The invitation shall be served in the same manner as a summons under the Code of Civil Procedure (chapter C-25).
(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.
Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the elector-proprietors.
The Commission may, however, order the carrying out of the works and authorize the loan without such approval.
If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.
An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same delays as for an interlocutory judgment of the Superior Court.
This subsection shall not apply to waterworks and sewer works.
R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2; 1987, c. 93, s. 1.
22. (1)  The Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.
It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.
(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.
Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the elector-proprietors.
The Commission may, however, order the carrying out of the works and authorize the loan without such approval.
If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.
An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same delays as for an interlocutory judgment of the Superior Court.
This subsection shall not apply to waterworks and sewer works.
R. S. 1964, c. 170, s. 22; 1965 (1st sess.), c. 55, s. 4; 1968, c. 49, s. 3; 1970, c. 45, s. 8; 1974, c. 11, s. 2.