C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 153.1 Disposition versions

2000-06-16

153.1. The Community may, by by-law,

(1)  prescribe hygiene and sanitation measures relating to food service or food retailing activities, the providing of services to consumers for remuneration or donations for philanthropic or promotional purposes, in particular, the activities related to the preparation, processing, preservation, handling or transport of food;

(2)  prescribe, for sanitation purposes, rules governing the construction, layout and equipment of the establishments, vehicles or apparatus in which an activity referred to in subparagraph 1 of the first paragraph is carried on or which are used for such activity;

(3)  prohibit the use or possession of food or the carrying on of a food business in an establishment, vehicle or apparatus referred to in subparagraph 2 of the first paragraph if the food is not in conformity with the Food Products Act (chapter P‐29);

(4)  require a person carrying on an activity mentioned in subparagraph 1 of the first paragraph to pass an examination prescribed by by-law to establish whether or not his knowledge of hygiene and sanitation is sufficient;

(5)  authorize an inspector, another officer to be designated by the executive committee for that purpose, a person referred to in section 32 of the Food Products Act to have an activity mentioned in subparagraph 1 of the first paragraph stopped, to order the closing of an establishment or apparatus, or the stopping of a vehicle, to affix seals, to seize, to confiscate, destroy or add colouring to food or to move or cause to be moved any food, vehicle, object or apparatus, at the owner’s expense, where the authorized person considers the operation of the establishment or the use of the object, food, apparatus or vehicle to be an immediate danger to the life or health of consumers.

The Community may, by by-law, authorize the executive committee to prescribe any order to supplement a by-law adopted under this section. The order is considered a by-law of the Community and shall be published and come into force in the same manner as such a by-law.

1982, c. 64, s. 11; 1985, c. 31, s. 16; 1990, c. 4, s. 289; 1993, c. 68, s. 46; 1999, c. 40, s. 68; 2000, c. 26, s. 62.

1999-10-22

153.1. The Community may, by by-law,

(1)  prescribe hygiene and sanitation measures relating to food service or food retailing activities, the providing of services to consumers for remuneration or donations for philanthropic or promotional purposes, in particular, the activities related to the preparation, processing, preservation, handling or transport of food;

(2)  prescribe, for sanitation purposes, rules governing the construction, layout and equipment of the establishments, vehicles or apparatus in which an activity referred to in subparagraph 1 of the first paragraph is carried on or which are used for such activity;

(3)  prohibit the use or possession of food or the carrying on of a food business in an establishment, vehicle or apparatus referred to in subparagraph 2 of the first paragraph if the food is not in conformity with the Agricultural Products, Marine Products and Food Act (chapter P‐29) or with the Dairy Products and Dairy Products Substitutes Act (chapter P‐30);

(4)  require a person carrying on an activity mentioned in subparagraph 1 of the first paragraph to pass an examination prescribed by by-law to establish whether or not his knowledge of hygiene and sanitation is sufficient;

(5)  authorize an inspector, another officer to be designated by the executive committee for that purpose, a person referred to in section 32 of the Agricultural Products, Marine Products and Food Act or an inspector within the meaning of the Dairy Products and Dairy Products Substitutes Act to have an activity mentioned in subparagraph 1 of the first paragraph stopped, to order the closing of an establishment or apparatus, or the stopping of a vehicle, to affix seals, to seize, to confiscate, destroy or add colouring to food or to move or cause to be moved any food, vehicle, object or apparatus, at the owner’s expense, where the authorized person considers the operation of the establishment or the use of the object, food, apparatus or vehicle to be an immediate danger to the life or health of consumers.

The Community may, by by-law, authorize the executive committee to prescribe any order to supplement a by-law adopted under this section. The order is considered a by-law of the Community and shall be published and come into force in the same manner as such a by-law.

1982, c. 64, s. 11; 1985, c. 31, s. 16; 1990, c. 4, s. 289; 1993, c. 68, s. 46; 1999, c. 40, s. 68.

1993-12-17

153.1. The Community may, by by-law,

(1)  prescribe hygiene and sanitation measures relating to food service or food retailing activities, the providing of services to consumers for remuneration or donations for philanthropic or promotional purposes, in particular, the activities related to the preparation, processing, preservation, handling or transport of food;

(2)  prescribe, for sanitation purposes, rules governing the construction, layout and equipment of the establishments, vehicles or apparatus in which an activity referred to in subparagraph 1 of the first paragraph is carried on or which are used for such activity;

(3)  prohibit the use or possession of food or the carrying on of a food business in an establishment, vehicle or apparatus referred to in subparagraph 2 of the first paragraph if the food is not in conformity with the Agricultural Products, Marine Products and Food Act (chapter P-29) or with the Dairy Products and Dairy Products Substitutes Act (chapter P-30);

(4)  require a person carrying on an activity mentioned in subparagraph 1 of the first paragraph to pass an examination prescribed by by-law to establish whether or not his knowledge of hygiene and sanitation is sufficient;

(5)  authorize an inspector, another officer to be designated by the executive committee for that purpose, a person referred to in section 32 of the Agricultural Products, Marine Products and Food Act or an inspector within the meaning of the Dairy Products and Dairy Products Substitutes Act to have an activity mentioned in subparagraph 1 of the first paragraph stopped, to order the closing of an establishment or apparatus, or the stopping of a vehicle, to affix seals, to seize, to confiscate, destroy or add colouring to food or to move or cause to be moved any food, vehicle, object or apparatus, at the owner’s expense, where the authorized person considers the operation of the establishment or the use of the object, food, apparatus or vehicle to be an immediate danger to the life or health of consumers.

The Community may, by by-law, authorize the executive committee to prescribe any order to supplement a by-law adopted under this section. The order is deemed a by-law of the Community and shall be published and come into force in the same manner as such a by-law.

1982, c. 64, s. 11; 1985, c. 31, s. 16; 1990, c. 4, s. 289; 1993, c. 68, s. 46.

1990-10-01

153.1. The Community may, by by-law,

(1)  prescribe sanitation rules applicable to the preparation, processing, preserving and handling of food as well as to the maintenance of the premises or equipment

(a)  in a retail food, restaurant or hotel establishment, and

(b)  in a vehicle used to deliver food to consumers or in a vending machine;

(2)  prohibit the preparing, keeping for sale or furnishing of a service for remuneration, offering for sale or storing, giving, transporting or causing to be transported, in an establishment, vehicle or vending machine contemplated in paragraph 1, food that does not comply with the Agricultural Products, Marine Products and Food Act (chapter P-29) or the Dairy Products and Dairy Products Substitutes Act (chapter P-30);

(3)  oblige a person handling food in an establishment or a vehicle contemplated in paragraph 1 to take special hygienic measures, require that he not be a carrier of germs of a disease that may be transmitted by food and oblige him to undergo any examinations necessary to prove that he is not a germ carrier;

(4)  prohibit a person carrying germs of a disease that may be transmitted by food from handling food in an establishment or vehicle contemplated in paragraph 1;

(5)  require of a person contemplated in paragraph 3 a degree of competence in matters of hygiene and health and oblige him to undergo any examinations necessary to establish whether he has attained that degree;

(6)  authorize an inspector, another officer designated by the executive committee for such purpose or a person contemplated in section 32 of the Agricultural Products, Marine Products or Food Act or in section 48 of the Dairy Products and Dairy Products Substitutes Act to cause an establishment or a vehicle contemplated in paragraph 1 to cease to operate or to seize or confiscate any food found in that establishment for as long as the inspector or officer considers the operation to be an immediate danger to the life or health of consumers;

(7)  authorize the executive committee to make an order to complete a by-law made under this section, which is published and comes into force in the same manner as a by-law and is deemed to form part of the by-law to which it relates;

(8)  prescribe that any infringement of a by-law or order passed under this section makes the offender liable,

(a)  for a first offence, to a fine of not less than $100 nor more than $1 000 in the case of an individual and of not less than $200 nor more than $2 000 in the case of a corporation;

(b)  for any subsequent conviction, to a fine of not less than $300 nor more than $3 000 in the case of an individual and of not less than $600 nor more than $6 000 in the case of a corporation.

1982, c. 64, s. 11; 1985, c. 31, s. 16; 1990, c. 4, s. 289.

1985-06-20

153.1. The Community may, by by-law,

(1)  prescribe sanitation rules applicable to the preparation, processing, preserving and handling of food as well as to the maintenance of the premises or equipment

(a)  in a retail food, restaurant or hotel establishment, and

(b)  in a vehicle used to deliver food to consumers or in a vending machine;

(2)  prohibit the preparing, keeping for sale or furnishing of a service for remuneration, offering for sale or storing, giving, transporting or causing to be transported, in an establishment, vehicle or vending machine contemplated in paragraph 1, food that does not comply with the Agricultural Products, Marine Products and Food Act (chapter P-29) or the Dairy Products and Dairy Products Substitutes Act (chapter P-30);

(3)  oblige a person handling food in an establishment or a vehicle contemplated in paragraph 1 to take special hygienic measures, require that he not be a carrier of germs of a disease that may be transmitted by food and oblige him to undergo any examinations necessary to prove that he is not a germ carrier;

(4)  prohibit a person carrying germs of a disease that may be transmitted by food from handling food in an establishment or vehicle contemplated in paragraph 1;

(5)  require of a person contemplated in paragraph 3 a degree of competence in matters of hygiene and health and oblige him to undergo any examinations necessary to establish whether he has attained that degree;

(6)  authorize an inspector, another officer designated by the executive committee for such purpose or a person contemplated in section 32 of the Agricultural Products, Marine Products or Food Act or in section 48 of the Dairy Products and Dairy Products Substitutes Act to cause an establishment or a vehicle contemplated in paragraph 1 to cease to operate or to seize or confiscate any food found in that establishment for as long as the inspector or officer considers the operation to be an immediate danger to the life or health of consumers;

(7)  authorize the executive committee to make an order to complete a by-law made under this section, which is published and comes into force in the same manner as a by-law and is deemed to form part of the by-law to which it relates;

(8)  prescribe that any infringement of a by-law or order passed under this section makes the offender liable, on summary proceedings, in addition to costs,

(a)  for a first offence, to a fine of not less than $100 nor more than $1 000 in the case of an individual and of not less than $200 nor more than $2 000 in the case of a corporation;

(b)  for any subsequent offence within two years, to a fine of not less than $300 nor more than $3 000 in the case of an individual and of not less than $600 nor more than $6 000 in the case of a corporation.

1982, c. 64, s. 11; 1985, c. 31, s. 16.

1982-12-18

153.1. The Community may, by by-law,

(1)  prescribe sanitation rules applicable to the preparation, processing, preserving and handling of food as well as to the maintenance of the premises or equipment

(a)  in a retail food, restaurant or hotel establishment, and

(b)  in a vehicle used to deliver food to consumers;

(2)  prohibit the preparing, keeping for sale or furnishing of a service for remuneration, offering for sale or storing, transporting or causing to be transported, in an establishment or vehicle contemplated in paragraph 1, food that does not comply with the Agricultural Products, Marine Products and Food Act (chapter P-29) or the Dairy Products and Dairy Products Substitutes Act (chapter P-30);

(3)  oblige a person handling food in an establishment or a vehicle contemplated in paragraph 1 to take special hygienic measures, require that he not be a carrier of germs of a disease that may be transmitted by food and oblige him to undergo any examinations necessary to prove that he is not a germ carrier;

(4)  prohibit a person carrying germs of a disease that may be transmitted by food from handling food in an establishment or vehicle contemplated in paragraph 1;

(5)  require of a person contemplated in paragraph 3 a degree of competence in matters of hygiene and health and oblige him to undergo any examinations necessary to establish whether he has attained that degree;

(6)  authorize an inspector, another officer designated by the executive committee for such purpose or a person contemplated in section 32 of the Agricultural Products, Marine Products or Food Act or in section 48 of the Dairy Products and Dairy Products Substitutes Act to cause an establishment or a vehicle contemplated in paragraph 1 to cease to operate or to seize or confiscate any food found in that establishment for as long as the inspector or officer considers the operation to be an immediate danger to the life or health of consumers;

(7)  authorize the executive committee to make an order to complete a by-law made under this section, which is published and comes into force in the same manner as a by-law and is deemed to form part of the by-law to which it relates;

(8)  prescribe that any infringement of a by-law or order passed under this section makes the offender liable, on summary proceedings, in addition to costs,

(a)  for a first offence, to a fine of not less than $100 nor more than $1 000 in the case of an individual and of not less than $200 nor more than $2 000 in the case of a corporation;

(b)  for any subsequent offence within two years, to a fine of $3 000 in the case of an individual and of $6 000 in the case of a corporation.

1982, c. 64, s. 11.