38. If the council of the municipality whose territory includes the territory proposed for annexation approves the by-law within 30 days after the clerk or the secretary-treasurer receives it, he shall notify the council of the municipality seeking the annexation as soon as practicable.
The by-law must then be submitted for approval to the qualified voters of the territory.
The Act respecting elections and referendums in municipalities (chapter E-2.2) applies for the purposes of the approval as if the by-law were passed by the council of the municipality contemplated by the annexation.
The clerk or the secretary-treasurer of the municipality shall transmit, as soon as practicable, to the council of the municipality seeking the annexation a copy of the certificate of the results of the registration procedure held to determine whether a referendum poll is necessary or a notice attesting that all the qualified voters entitled to have their names entered on the referendum list of the territory have waived the holding of the poll; he shall also, where applicable, transmit to the council, as soon as practicable, a copy of the report of the final results of the poll.
Only the council of the municipality seeking the annexation may fix the date of the poll or withdraw the by-law and only the mayor of that municipality may give a voice vote to break a tie-vote resulting from the poll.
R. S. 1964, c. 193, s. 35; 1968, c. 55, s. 14; 1975, c. 66, s. 1; 1987, c. 57, s. 694.