C-35 - Act respecting the Commission municipale

Full text
48. Where a municipality is in default:
(a)  all municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  all moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  the Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year by the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the period fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of 30 days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the period fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  in any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the period fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  (paragraph repealed);
(f)  the budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  the appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.
The decision of the Commission shall be served on the person dismissed or suspended without pay in the same manner as a summons under the Code of Civil Procedure (chapter C-25.01).
Subject to section 89 of the Police Act (chapter P-13.1), a person on whom a measure described in the second paragraph has been imposed may, within 30 days following service of the decision, file a complaint in writing with the Administrative Labour Tribunal to make an inquiry and dispose of the complaint.
Sections 72.1 to 72.2 of the Cities and Towns Act (chapter C-19) apply with the necessary modifications in respect of every officer or employee referred to in the first paragraph.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;
(g.1)  a mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act shall transmit a copy of his report to the Commission.
If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;
(h)  no immovable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immovable and afterwards convey the title to the municipality;
(i)  no immovable may be sold by the municipality without the Commission participating in the deed;
(j)  the Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  no decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  while the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;
(m)  if the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by‐law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above‐mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4; 1988, c. 21, s. 66; 1996, c. 2, s. 469; 1999, c. 40, s. 65; 2000, c. 12, s. 319; 2000, c. 54, s. 18; 2001, c. 26, s. 99; 2015, c. 15, s. 237; I.N. 2016-01-01 (NCCP).
48. Where a municipality is in default:
(a)  all municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  all moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  the Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year by the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the period fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of 30 days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the period fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  in any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the period fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  (paragraph repealed);
(f)  the budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  the appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.
The decision of the Commission shall be served on the person dismissed or suspended without pay in the same manner as a summons under the Code of Civil Procedure (chapter C-25).
Subject to section 89 of the Police Act (chapter P-13.1), a person on whom a measure described in the second paragraph has been imposed may, within 30 days following service of the decision, file a complaint in writing with the Commission des relations du travail established by the Labour Code (chapter C-27) to make an inquiry and dispose of the complaint.
Sections 72.1 to 72.2 of the Cities and Towns Act (chapter C-19) apply with the necessary modifications in respect of every officer or employee referred to in the first paragraph.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;
(g.1)  a mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act shall transmit a copy of his report to the Commission.
If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;
(h)  no immovable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immovable and afterwards convey the title to the municipality;
(i)  no immovable may be sold by the municipality without the Commission participating in the deed;
(j)  the Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  no decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  while the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;
(m)  if the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by‐law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above‐mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4; 1988, c. 21, s. 66; 1996, c. 2, s. 469; 1999, c. 40, s. 65; 2000, c. 12, s. 319; 2000, c. 54, s. 18; 2001, c. 26, s. 99.
48. Where a municipality is in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year by the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the period fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of 30 days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the period fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the period fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  (Paragraph repealed);
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.
The decision of the Commission shall be served on the person dismissed or suspended without pay in the same manner as a summons under the Code of Civil Procedure (chapter C‐25).
Subject to section 89 of the Police Act (chapter P‐13.1), a person on whom a measure described in the second paragraph has been imposed may, within 30 days following service of the decision, file a complaint in writing with the labour commissioner general who shall appoint a labour commissioner to make an inquiry and decide the complaint.
Sections 72.1 to 72.3 of the Cities and Towns Act (chapter C‐19) apply with the necessary modifications in respect of every officer or employee referred to in the first paragraph.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;
(g.1)  A mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act shall transmit a copy of his report to the Commission.
If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;
(h)  No immovable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immovable and afterwards convey the title to the municipality;
(i)  No immovable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C‐27.1) shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by‐law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above‐mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4; 1988, c. 21, s. 66; 1996, c. 2, s. 469; 1999, c. 40, s. 65; 2000, c. 12, s. 319; 2000, c. 54, s. 18.
48. Where a municipality is in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year by the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the period fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of 30 days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the period fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the period fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  (Paragraph repealed);
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.
The decision of the Commission shall be served upon the person dismissed or suspended without pay by means of a copy handed to him in person.
Subject to section 87 of the Police Act (chapter P‐13.1), the person thus dismissed or suspended without pay may appeal from the decision before a judge of the Court of Québec, who shall decide in the last resort.
The appeal is brought by a motion served on the Commission and deposited at the office of the Court of Québec of the judicial district where the appellant has his domicile, within 15 days following the day on which the decision is served on the person dismissed or suspended without pay.
Upon service of the motion, the Commission shall transmit to the Court of Québec the file relating to the decision appealed from.
The appeal shall not suspend the decision of the Commission unless the court rules otherwise.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;
(g.1)  A mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act (chapter C‐19) shall transmit a copy of his report to the Commission.
If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;
(h)  No immovable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immovable and afterwards convey the title to the municipality;
(i)  No immovable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C‐27.1) shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by‐law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above‐mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4; 1988, c. 21, s. 66; 1996, c. 2, s. 469; 1999, c. 40, s. 65; 2000, c. 12, s. 319.
48. Where a municipality is in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year by the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the period fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of 30 days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the period fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the period fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  (Paragraph repealed);
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.
The decision of the Commission shall be served upon the person dismissed or suspended without pay by means of a copy handed to him in person.
Subject to section 79 of the Police Act (chapter P-13), the person thus dismissed or suspended without pay may appeal from the decision before a judge of the Court of Québec, who shall decide in the last resort.
The appeal is brought by a motion served on the Commission and deposited at the office of the Court of Québec of the judicial district where the appellant has his domicile, within 15 days following the day on which the decision is served on the person dismissed or suspended without pay.
Upon service of the motion, the Commission shall transmit to the Court of Québec the file relating to the decision appealed from.
The appeal shall not suspend the decision of the Commission unless the court rules otherwise.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;
(g.1)  A mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act (chapter C-19) shall transmit a copy of his report to the Commission.
If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;
(h)  No immovable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immovable and afterwards convey the title to the municipality;
(i)  No immovable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by-law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above-mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4; 1988, c. 21, s. 66; 1996, c. 2, s. 469; 1999, c. 40, s. 65.
48. Where a municipality is in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year by the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the delay fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of 30 days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the delay fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the delay fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  (Paragraph repealed);
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.
The decision of the Commission shall be served upon the person dismissed or suspended without pay by means of a copy handed to him in person.
Subject to section 79 of the Police Act (chapter P-13), the person thus dismissed or suspended without pay may appeal from the decision before a judge of the Court of Québec, who shall decide in the last resort.
The appeal is brought by a motion served on the Commission and deposited at the office of the Court of Québec of the judicial district where the appellant has his domicile, within 15 days following the day on which the decision is served on the person dismissed or suspended without pay.
Upon service of the motion, the Commission shall transmit to the Court of Québec the file relating to the decision appealed from.
The appeal shall not suspend the decision of the Commission unless the court rules otherwise.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;
(g.1)  A mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act (chapter C-19) shall transmit a copy of his report to the Commission.
If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;
(h)  No immovable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immovable and afterwards convey the title to the municipality;
(i)  No immovable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by-law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above-mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4; 1988, c. 21, s. 66; 1996, c. 2, s. 469.
48. In any municipality in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year in the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the delay fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of thirty days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the delay fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the delay fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  (Paragraph repealed);
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.
The decision of the Commission shall be served upon the person dismissed or suspended without pay by means of a copy handed to him in person.
Subject to section 79 of the Police Act (chapter P-13), the person thus dismissed or suspended without pay may appeal from the decision before a judge of the Court of Québec, who shall decide in the last resort.
The appeal is brought by a motion served on the Commission and deposited at the office of the Court of Québec of the judicial district where the appellant has his domicile, within 15 days following the day on which the decision is served on the person dismissed or suspended without pay.
Upon service of the motion, the Commission shall transmit to the Court of Québec the file relating to the decision appealed from.
The appeal shall not suspend the decision of the Commission unless the court rules otherwise.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;
(g.1)  A mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act (chapter C-19) shall transmit a copy of his report to the Commission.
If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;
(h)  No immoveable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immoveable and afterwards convey the title to the municipality;
(i)  No immoveable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act (chapter C-19) and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by-law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above-mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4; 1988, c. 21, s. 66.
48. In any municipality in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year in the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the delay fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of thirty days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the delay fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the delay fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  (Paragraph repealed);
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment, the suspension without pay by the council or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee or to suspend him without pay. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this Act.
The decision of the Commission shall be served upon the person dismissed or suspended without pay by means of a copy handed to him in person.
Subject to section 79 of the Police Act (chapter P-13), the person thus dismissed or suspended without pay may appeal from the decision before a judge of the Provincial Court, who shall decide in the last resort.
The appeal is brought by a motion served on the Commission and deposited at the office of the Provincial Court of the judicial district where the appellant has his domicile, within 15 days following the day on which the decision is served on the person dismissed or suspended without pay.
Upon service of the motion, the Commission shall transmit to the Provincial Court the file relating to the decision appealed from.
The appeal shall not suspend the decision of the Commission unless the court rules otherwise.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing, suspending without pay and replacing such officers or employees;
(g.1)  A mayor or a director general who exercises the power to suspend provided for in section 52 or 113 of the Cities and Towns Act (chapter C-19) shall transmit a copy of his report to the Commission.
If the Commission has reserved to itself the exclusive power of appointing, dismissing, suspending without pay and replacing officers and employees, the report must be transmitted to the Commission immediately. A suspension in such a case shall be for 30 days unless the Commission decides otherwise before the expiry of that time;
(h)  No immoveable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immoveable and afterwards convey the title to the municipality;
(i)  No immoveable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act (chapter C-19) and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by-law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above-mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71; 1987, c. 93, s. 4.
48. In any municipality in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year in the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the delay fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of thirty days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the delay fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the delay fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  No valuation roll made and prepared by the municipality shall have any effect until approved by the Commission. The latter shall have the power to revise and amend any valuation roll submitted for its approval, after public notice given in conformity with the law governing the municipality. The Commission shall hear all parties interested and their witnesses under oath and its decision shall be subject to appeal as in the case of a decision of the council of the municipality.
No public notice shall be required for the approval of rolls without revision or amendment;
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee.It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this act.
The decision of the Commission shall be served upon the dismissed person by means of a copy handed to him in person.
Subject to section 79 of the Police Act (chapter P-13), the person thus dismissed may appeal from the decision before a judge of the Provincial Court, who shall decide in the last resort.
The appeal is brought by a motion served on the Commission and deposited at the office of the Provincial Court of the judicial district where the appellant has his domicile, within 15 days following the day on which the decision is served on the person dismissed.
Upon service of the motion, the Commission shall transmit to the Provincial Court the file relating to the decision appealed from.
The appeal shall not suspend the decision of the Commission unless the court rules otherwise.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing and replacing such officers or employees;
(h)  No immoveable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immoveable and afterwards convey the title to the municipality;
(i)  No immoveable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act (chapter C-19) and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by-law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above-mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14; 1985, c. 27, s. 71.
48. In any municipality in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year in the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the delay fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of thirty days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the delay fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the delay fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  No valuation roll made and prepared by the municipality shall have any effect until approved by the Commission. The latter shall have the power to revise and amend any valuation roll submitted for its approval, after public notice given in conformity with the law governing the municipality. The Commission shall hear all parties interested and their witnesses under oath and its decision shall be subject to appeal as in the case of a decision of the council of the municipality.
No public notice shall be required for the approval of rolls without revision or amendment;
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee.It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this act.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing and replacing such officers or employees;
(h)  No immoveable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immoveable and afterwards convey the title to the municipality;
(i)  No immoveable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act (chapter C-19) and those of paragraphs 3 and 4 of Article 142 of the Municipal Code (chapter C-27.1) shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by-law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above-mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14.
48. In any municipality in default:
(a)  All municipal work shall be done under the control and direction of the Commission, and no contract for work may be given without the previous approval of the Commission; without such approval, such contract shall be of no effect;
(b)  All moneys collected for the municipality must be deposited in a bank, in the name of the Commission in trust for such municipality, and shall be drawn out only by cheque signed by the authorized municipal officers and countersigned by a member of the Commission or by the person authorized to that effect by the Commission;
(c)  The Commission shall fix each year the rate and amount of the taxes, permits or licences to be imposed and levied each year in the municipality; it shall also fix the price to be paid for municipal services, taking into account acquired rights. Upon failure by such municipality to impose the taxes, permits, licences or prices according to the rate and for the amount so fixed, within the delay fixed by the notice given to it by the Commission, the latter shall be substituted for such municipality, which shall no longer act, and all the powers of such municipality with respect to the imposition and collection of the said taxes, permits, licences or prices shall belong to the Commission.
The Commission shall be likewise vested, in the same manner and with the same effect, with the powers of the municipality whenever the latter neglects or refuses, after a previous notice of thirty days which shall be given to it by the Commission, to levy any special tax imposed by a loan by-law or any other by-law in force.
For such purposes the officers of the municipality shall be the officers of the Commission.
Whenever the municipality neglects or refuses to collect the taxes due, within the delay fixed by the Commission, the latter may itself collect them, and, for that purpose, may, in the name and at the cost of such municipality, institute any necessary judicial proceedings;
(d)  In any case not provided for by this section, the Commission shall be substituted as of right for the municipality whenever such municipality refuses or neglects to do or perform, within the delay fixed by the notice given to it by the Commission, any act which the latter orders it to do or perform. For such purposes, the Commission shall exercise all the powers of such municipality, and whatever is done by the Commission shall have the same effect in all respects as if such municipality had itself acted;
(e)  No valuation roll made and prepared by the municipality shall have any effect until approved by the Commission. The latter shall have the power to revise and amend any valuation roll submitted for its approval, after public notice given in conformity with the law governing the municipality. The Commission shall hear all parties interested and their witnesses under oath and its decision shall be subject to appeal as in the case of a decision of the council of the municipality.
No public notice shall be required for the approval of rolls without revision or amendment;
(f)  The budgets of the municipality shall be submitted to the Commission which may approve them, with or without amendment, and, until they have been so approved, they shall be without effect; no expenditure for such municipality may be made which has not been so approved;
(g)  The appointment or the dismissal of any officer or employee of the municipality shall be without effect unless it be approved by the Commission, which shall alone have the right to fix the salary and the conditions of engagement.
The Commission shall have the power to dismiss any such officer or employee. It shall have the same power with respect to the officers or employees in office at the date of the coming into force of this act.
The Commission may, by notice given to the municipality, reserve to itself the exclusive power of appointing, dismissing and replacing such officers or employees;
(h)  No immoveable may be acquired by mutual agreement or by expropriation by the municipality without the authorization of the Commission and unless the latter be a party to the deed of purchase or expropriation proceedings.
Instead of authorizing such a municipality for such purpose, the Commission may itself acquire in its own name, by mutual agreement or by expropriation, for and at the expense of the municipality interested, an immoveable and afterwards convey the title to the municipality;
(i)  No immoveable may be sold by the municipality without the Commission participating in the deed;
(j)  The Commission may intervene in any suit begun or instituted against the municipality, and adopt such conclusions therein as it may deem necessary.
The expenses incurred under this head shall be borne by such municipality;
(k)  No decision of the council of the municipality, whether by resolution, by-law or otherwise, shall come into force and be executory until the Commission has given its approval to the minutes of the sitting of the council at which such decision was made;
(l)  While the municipality is under the control of the Commission municipale du Québec, the provisions of section 53 of the Cities and Towns Act (chapter C-19) and those of paragraphs 3 and 4 of Article 107 of the Municipal Code shall not apply;
(m)  If the mayor or any other officer of the council refuses or neglects to sign any document whatsoever, the signing whereof is required by a resolution or a by-law of the council approved by the Commission, the latter may authorize such person as it may designate to sign the said documents for and in the name of the council, and such signature shall have the same force and effect as the signature of the mayor or officer above-mentioned.
R. S. 1964, c. 170, s. 44; 1965 (1st sess.), c. 55, s. 16; 1977, c. 5, s. 14.