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R-19 - Act to promote the regrouping of municipalities

Section 10
Disposition versions

Full text
10. (1)  If, in the case of section 3, no joint petition has been forwarded to the Minister or the Commission or if, in the case of section 4, the Commission, after the investigation mentioned in section 9, recommends it to him, the Minister must order all the municipalities of a regrouping unit or the petitioning municipalities under section 4, to make or cause to be made, within the delay he fixes, a joint study on the possible amalgamation of such municipalities, dealing with the subjects he indicates.
The order of the Minister must indicate a delay for the choice of the person to be entrusted with the joint study; if such choice has not been made within the delay prescribed, the Minister shall choose the person who will make the joint study at the expense of the municipalities. In all cases, the cost of the joint study shall be apportioned among the municipalities according to the total taxable values in accordance with the valuation roll of each of them.
For the purposes of the second paragraph, “total taxable values” means the total of the following assessments:
(1)  the standardized taxable assessment of all the immovables;
(2)  the standardized nontaxable assessment of all the immovables contemplated in the first paragraph of section 255 of the Act respecting municipal taxation (chapter F-2.1);
(3)  the percentage of the standardized nontaxable assessment of the immovables contemplated in the second, third or fourth paragraph of section 255 of the said Act corresponding to the percentage referred to in the said paragraph;
(4)  the standardized nontaxable assessment of all farmland;
(5)  any part of the standardized nontaxable assessment of all the immovables contemplated in paragraph 1.1 of section 204 of the said Act in respect of which amounts in lieu of taxes must be paid; that part of the standardized assessment is that corresponding to the proportion represented by the amounts paid for the reference fiscal period in relation to the total amount of the municipal real estate taxes which could have been imposed for that fiscal period in respect of those immovables if they had not been tax-exempt; for the purposes of this section, the reference fiscal period, in respect of an immovable, is the last municipal fiscal period for which the amounts in lieu of taxes in respect of the immovable are paid-up;
(6)  the standardized nontaxable assessment of all the immovables contemplated in the first paragraph of section 208 of the said Act;
(7)  the assessment equivalent to the capitalization, based on the standardized aggregate taxation rate of the municipality for the fiscal period preceding the fiscal period considered, of the revenues of the municipality derived from the application of section 222 of the said Act for the said preceding fiscal period and of its revenues derived from the application of the second paragraph of section 230 of the said Act for the period considered; for the purposes of this section, the standardized aggregate taxation rate is that which is computed in accordance with the regulation made under paragraph 7 of section 262 of the said Act on the basis of the data provided in the budget of the preceding fiscal period.
For the purposes of this section, “standardized assessment” means the product obtained by multiplying the values entered on the assessment roll of a municipality by the factor established for the roll under the Act respecting municipal taxation.
(2)  The Minister shall furnish the person chosen to make the joint study with all the relevant documents and information in his possession.
(3)  The person entrusted with making the joint study must, upon completing it, make known, in his report, whether he is of opinion that the amalgamation of the municipalities is desirable or not and if desirable, on what conditions it should be effected.
(4)  The report shall be sent to the Minister, the Commission and the municipalities. Each municipality shall keep a copy of such report in its office, at the disposal of any person who wishes to examine it.
1971, c. 53, s. 10; 1979, c. 72, s. 389; 1983, c. 57, s. 132; 1987, c. 3, s. 1; 1987, c. 68, s. 109.
10. (1)  If, in the case of section 3, no joint petition has been forwarded to the Minister or the Commission or if, in the case of section 4, the Commission, after the investigation mentioned in section 9, recommends it to him, the Minister must order all the municipalities of a regrouping unit or the petitioning municipalities under section 4, to make or cause to be made, within the delay he fixes, a joint study on the possible amalgamation of such municipalities, dealing with the subjects he indicates.
The order of the Minister must indicate a delay for the choice of the person to be entrusted with the joint study; if such choice has not been made within the delay prescribed, the Minister shall choose the person who will make the joint study at the expense of the municipalities. In all cases, the cost of the joint study shall be apportioned among the municipalities according to the total taxable values in accordance with the valuation roll of each of them.
For the purposes of the second paragraph, “total taxable values” means the total of the following assessments:
(1)  the standardized taxable assessment of all the immovables;
(2)  the standardized nontaxable assessment of all the immovables contemplated in the first paragraph of section 255 of the Act respecting municipal taxation (chapter F-2.1);
(3)  the percentage of the standardized nontaxable assessment of the immovables contemplated in the second, third or fourth paragraph of section 255 of the said Act corresponding to the percentage referred to in the said paragraph;
(4)  the standardized nontaxable assessment of all farmland;
(5)  any part of the standardized nontaxable assessment of all the immovables contemplated in paragraph 1.1 of section 204 of the said Act in respect of which amounts in lieu of taxes must be paid; that part of the standardized assessment is that corresponding to the proportion represented by the amounts paid for the reference fiscal period in relation to the total amount of the municipal real estate taxes which could have been imposed for that fiscal period in respect of those immovables if they had not been tax-exempt; for the purposes of this section, the reference fiscal period, in respect of an immovable, is the last municipal fiscal period for which the amounts in lieu of taxes in respect of the immovable are paid-up;
(6)  the standardized nontaxable assessment of all the immovables contemplated in the first paragraph of section 208 of the said Act;
(7)  the assessment equivalent to the capitalization, based on the standardized aggregate taxation rate of the municipality for the fiscal period preceding the fiscal period considered, of the revenues of the municipality derived from the application of section 222 of the said Act for the said preceding fiscal period and of its revenues derived from the application of the second paragraph of section 230 of the said Act for the period considered; for the purposes of this section, the standardized aggregate taxation rate is that which is computed in accordance with the regulation made under paragraph 7 of section 262 of the said Act on the basis of the data provided in the budget of the preceding fiscal period.
For the purposes of this section, “standardized assessment” means the product obtained by multiplying the values entered on the assessment roll of a municipality by the factor established for the roll under the Act respecting municipal taxation.
(2)  The Minister shall furnish the person chosen to make the joint study with all the relevant documents and information in his possession.
(3)  The person entrusted with making the joint study must, upon completing it, make known, in his report, whether he is of opinion that the amalgamation of the municipalities is desirable or not and if desirable, on what conditions it should be effected.
(4)  The report shall be sent to the Minister, the Commission and the municipalities. Each municipality shall keep a copy of such report in its office, at the disposal of any person interested in examining it.
1971, c. 53, s. 10; 1979, c. 72, s. 389; 1983, c. 57, s. 132; 1987, c. 3, s. 1.
10. (1)  If, in the case of section 3, no joint petition has been forwarded to the Minister or the Commission or if, in the case of section 4, the Commission, after the investigation mentioned in section 9, recommends it to him, the Minister must order all the municipalities of a regrouping unit or the petitioning municipalities under section 4, to make or cause to be made, within the delay he fixes, a joint study on the possible amalgamation of such municipalities, dealing with the subjects he indicates.
The order of the Minister must indicate a delay for the choice of the person to be entrusted with the joint study; if such choice has not been made within the delay prescribed, the Minister shall choose the person who will make the joint study at the expense of the municipalities. In all cases, the cost of the joint study shall be apportioned among the municipalities according to the total taxable values in accordance with the valuation roll of each of them.
For the purposes of the second paragraph, “total taxable values” means the total of the following assessments:
(1)  the standardized taxable assessment of all the immovables;
(2)  the standardized nontaxable assessment of all the immovables contemplated in the first paragraph of section 255 of the Act respecting municipal taxation (chapter F-2.1);
(3)  the percentage of the standardized nontaxable assessment of the immovables contemplated in the second, third or fourth paragraph of section 255 of the said Act corresponding to the percentage referred to in the said paragraph;
(4)  the standardized nontaxable assessment of all farmland and woodlots;
(5)  any part of the standardized nontaxable assessment of all the immovables contemplated in paragraph 1.1 of section 204 of the said Act in respect of which amounts in lieu of taxes must be paid; that part of the standardized assessment is that corresponding to the proportion represented by the amounts paid for the reference fiscal period in relation to the total amount of the municipal real estate taxes which could have been imposed for that fiscal period in respect of those immovables if they had not been tax-exempt; for the purposes of this section, the reference fiscal period, in respect of an immovable, is the last municipal fiscal period for which the amounts in lieu of taxes in respect of the immovable are paid-up;
(6)  the standardized nontaxable assessment of all the immovables contemplated in the first paragraph of section 208 of the said Act;
(7)  the assessment equivalent to the capitalization, based on the standardized aggregate taxation rate of the municipality for the fiscal period preceding the fiscal period considered, of the revenues of the municipality derived from the application of section 222 of the said Act for the said preceding fiscal period and of its revenues derived from the application of the second paragraph of section 230 of the said Act for the period considered; for the purposes of this section, the standardized aggregate taxation rate is that which is computed in accordance with the regulation made under paragraph 7 of section 262 of the said Act on the basis of the data provided in the budget of the preceding fiscal period.
For the purposes of this section, “standardized assessment” means the product obtained by multiplying the values entered on the assessment roll of a municipality by the factor established for the roll under the Act respecting municipal taxation.
(2)  The Minister shall furnish the person chosen to make the joint study with all the relevant documents and information in his possession.
(3)  The person entrusted with making the joint study must, upon completing it, make known, in his report, whether he is of opinion that the amalgamation of the municipalities is desirable or not and if desirable, on what conditions it should be effected.
(4)  The report shall be sent to the Minister, the Commission and the municipalities. Each municipality shall keep a copy of such report in its office, at the disposal of any person interested in examining it.
1971, c. 53, s. 10; 1979, c. 72, s. 389; 1983, c. 57, s. 132.
10. (1)  If, in the case of section 3, no joint petition has been forwarded to the Minister or the Commission or if, in the case of section 4, the Commission, after the investigation mentioned in section 9, recommends it to him, the Minister must order all the municipalities of a regrouping unit or the petitioning municipalities under section 4, to make or cause to be made, within the delay he fixes, a joint study on the possible amalgamation of such municipalities, dealing with the subjects he indicates.
The order of the Minister must indicate a delay for the choice of the person to be entrusted with the joint study; if such choice has not been made within the delay prescribed, the Minister shall choose the person who will make the joint study at the expense of the municipalities. In all cases, the cost of the joint study shall be apportioned among the municipalities according to the total taxable values in accordance with the valuation roll of each of them.
To determine the total of taxable values of a municipality, for the purposes of this subsection, the values entered on the assessment roll of that municipality are multiplied by the factor established for that roll by the Minister under the Act respecting municipal taxation (chapter F-2.1). Furthermore, the second paragraph of subarticle 6 of article 423 of the Municipal Code applies, mutatismutandis, to the case provided for in this paragraph.
(2)  The Minister shall furnish the person chosen to make the joint study with all the relevant documents and information in his possession.
(3)  The person entrusted with making the joint study must, upon completing it, make known, in his report, whether he is of opinion that the amalgamation of the municipalities is desirable or not and if desirable, on what conditions it should be effected.
(4)  The report shall be sent to the Minister, the Commission and the municipalities. Each municipality shall keep a copy of such report in its office, at the disposal of any person interested in examining it.
1971, c. 53, s. 10; 1979, c. 72, s. 389.
10. (1)  If, in the case of section 3, no joint petition has been forwarded to the Minister or the Commission or if, in the case of section 4, the Commission, after the investigation mentioned in section 9, recommends it to him, the Minister must order all the municipalities of a regrouping unit or the petitioning municipalities under section 4, to make or cause to be made, within the delay he fixes, a joint study on the possible amalgamation of such municipalities, dealing with the subjects he indicates.
The order of the Minister must indicate a delay for the choice of the person to be entrusted with the joint study; if such choice has not been made within the delay prescribed, the Minister shall choose the person who will make the joint study at the expense of the municipalities. In all cases, the cost of the joint study shall be apportioned among the municipalities according to the total taxable values in accordance with the valuation roll of each of them.
(2)  The Minister shall furnish the person chosen to make the joint study with all the relevant documents and information in his possession.
(3)  The person entrusted with making the joint study must, upon completing it, make known, in his report, whether he is of opinion that the amalgamation of the municipalities is desirable or not and if desirable, on what conditions it should be effected.
(4)  The report shall be sent to the Minister, the Commission and the municipalities. Each municipality shall keep a copy of such report in its office, at the disposal of any person interested in examining it.
1971, c. 53, s. 10.
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