c-27.1 - Municipal Code of Québec

Updated to 1 April 1999

This document has official status.

chapter C-27.1

Municipal Code of Québec

TITLE PRELIMINARY APPLICATION OF THE MUNICIPAL CODE OF QUÉBEC

DECLARATORY AND INTERPRETATIVE PROVISIONS

1. This Code applies to every municipality of Québec, subject to any inconsistent provision of the charter of the municipality.

However, it does not apply to a municipality governed by the Cities and Towns Act (chapter C-19), except any provision made applicable by this Code or by any other law to the municipality, to Ville de Montréal, to Ville de Québec or to a northern, Cree or Naskapi village.

M.C. 1916, a. 1; 1982, c. 2, s. 1; 1988, c. 19, s. 240; 1996, c. 2, s. 222.

2. The Government, upon the petition of the council of any local municipality, may grant letters patent to replace in whole or in part the provisions of its charter by those of this Code, or to strike from its charter any provision for which this Code contains no corresponding provision. Such changes by letters patent shall have the same force and effect as if made by statute.

Such petition cannot be submitted to the Government unless a notice summarizing briefly the object thereof has been published at least one month beforehand in the Gazette officielle du Québec; within the same delay, a public notice must be given in the territory of the municipality.

The Minister of Municipal Affairs shall cause such letters patent to be published in the Gazette officielle du Québec with a notice stating the date of their coming into force. The Québec Official Publisher shall insert in each annual volume of the statutes of Québec a table giving the date of the coming into force of the letters patent granted before the printing thereof and the legislative provisions that they repeal.

1969, c. 82, s. 1; 1996, c. 2, s. 223.

3. (Repealed).

M.C. 1916, a. 3; 1979, c. 51, s. 247; 1982, c. 2, s. 2; 1988, c. 19, s. 241; 1990, c. 85, s. 122; 1993, c. 65, s. 90.

4. For the purposes of the exercise by a regional county municipality, including the exercise through a board of delegates, of a power other than the powers set out in Title XXV, a municipality governed by the Cities and Towns Act (chapter C-19) whose territory is included in that of the regional county municipality is deemed to be a local municipality governed by this Code.

The provisions of this Code necessary for the application of the first paragraph, adapted as required, apply to the municipality governed by the Cities and Towns Act referred to in that paragraph.

1982, c. 2, s. 3; 1988, c. 19, s. 242; 1996, c. 2, s. 224.

5. (Repealed).

M.C. 1916, a. 4; 1988, c. 19, s. 243; 1993, c. 65, s. 91.

6. Every municipality, under its name, has perpetual succession, and may:

(1)  acquire for the objects within its competence movable and immovable property by purchase, donation, legacy or otherwise;

(1.1)  alienate for valuable consideration any movable or immovable property; each month the secretary-treasurer shall publish a notice concerning any property having a value greater than $10 000 that has been alienated by the municipality otherwise than by auction or by public tender; the notice shall describe each property and indicate, opposite each property, the price of alienation and the identity of the purchaser;

(2)  (paragraph repealed);

(3)  lease its property, although such power does not, however, enable the municipality to acquire or build property principally for leasing purposes;

(4)  enter into contracts, bind and oblige itself, and bind and oblige others to itself, and transact within the limits of its powers;

(5)  sue and be sued in any cause, before any court;

(6)  exercise all the powers in general vested in it, or which are necessary for the accomplishment of the duties imposed upon it;

(7)  have a seal, the use of which, however, is not obligatory.

M.C. 1916, a. 5; 1968, c. 86, s. 1; 1977, c. 5, s. 14; 1979, c. 36, s. 1; 1982, c. 63, s. 1; 1984, c. 38, s. 45; 1994, c. 33, s. 21; 1995, c. 34, s. 24; 1996, c. 2, s. 225; 1996, c. 27, s. 42.

6.1. A municipality may, by onerous title, transfer or lease rights to and licences for the processes it has developed, its expertise in an area within its competence, the equipment allowing such expertise to be applied, and any data concerning its territory.

It may also transfer them by gratuitous title or make a loan for use of them to the Government, one of its Ministers or bodies, a municipality, an urban community, a school board or another non-profit organization.

1996, c. 77, s. 21.

7. Every municipality may acquire, construct and equip immovables in its territory which may be leased or disposed of by gratuitous or onerous title, in all or in part, for the benefit

(1)  of a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);

(1.1)  of a school board, a general and vocational college or an institution referred to in the Act respecting the Université du Québec (chapter U-1);

(2)  of the Corporation d’hébergement du Québec;

(3)  of a childcare centre, a day care centre, a nursery school or a stop over centre within the meaning of the Act respecting childcare centres and childcare services (chapter C-8.2), for the purpose of installing the childcare centre, day care centre, nursery school or stop over centre therein.

The secretary-treasurer shall, within 30 days of the marking of the deed of conveyance or lease, publish a notice indicating the identity of the purchaser or lessee, as the case may be, and the price of alienation or the rent.

1977, c. 53, s. 1; 1979, c. 36, s. 2; 1984, c. 47, s. 27; 1984, c. 38, s. 46; 1985, c. 27, s. 37; 1992, c. 21, s. 133, s. 375; 1994, c. 23, s. 23; 1995, c. 34, s. 25; 1996, c. 2, s. 226; 1996, c. 16, s. 62; 1997, c. 58, s. 22; 1998, c. 31, s. 26.

8. Every municipality may:

(1)  assist in the undertaking and furtherance, in its territory and elsewhere, of works of charity, education, scientific, artistic or literary culture, youth training and generally of any social welfare enterprise of the population;

(2)  assist in the organization of recreational centres and public places for sports and amusements in its territory or elsewhere;

(2.1)  establish and maintain in its territory agencies devoted to the protection of the environment and the conservation of the resources, assist in the creation and maintenance of such agencies and entrust them with the organization and management of activities relating to the purposes by them;

(3)  found and maintain bodies for industrial, commercial or tourist promotion and promote physical and cultural activities among the residents of its territory or assist in their foundation and maintenance;

(4)  grant subsidies to institutions, societies or corporations devoted to the pursuit of the aforesaid purposes;

(5)  entrust to non-profit institutions, societies or corporations the organization and management, on its account, of the activities, agencies or bodies referred to in subparagraphs 2 to 3 and, for such purpose, make contracts with them and grant them the necessary funds.

The council of the municipality may exercise by resolution the powers enumerated in this article.

1979, c. 36, s. 3; 1984, c. 38, s. 47; 1985, c. 27, s. 38; 1996, c. 2, s. 227.

8.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), a municipality may establish and maintain a non-profit body the object of which is to furnish technical assistance to an enterprise situated in its territory, and grant a subsidy to any non-profit body that furnishes technical assistance to an enterprise situated in its territory.

A regional county municipality may, in addition, furnish technical assistance to an enterprise situated in its territory by providing it with the services of an economic development agent.

1995, c. 34, s. 26; 1996, c. 27, s. 43.

9. Every municipality may become surety for an institution, a partnership or a legal person devoted to the pursuit of purposes mentioned in article 8.

However, a municipality having a population of less than 50 000 shall obtain the authorization of the Minister of Municipal Affairs to become surety for an obligation of $50 000 or more, and a municipality having a population of 50 000 or over shall obtain such an authorization if the obligation that is the object of the surety is in the amount of $100 000 or more.

The Minister may, where his authorization is required, require that the resolution or by-law authorizing the surety be subject to the approval of persons qualified to vote on loan by-laws according to the procedure provided for the approval of the by-laws.

1979, c. 36, s. 3; 1984, c. 38, s. 48; 1994, c. 33, s. 22; 1995, c. 34, s. 27.

9.1. Any local municipality may, by by-law, establish a program under which the municipality grants, in accordance with this article, subsidies or tax credits to certain artists.

The persons who are eligible under the program are professional artists within the meaning of the Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters (chapter S-32.01) and artists within the meaning of the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1). A legal person controlled by such an artist or a group of such artists which is not a legal person is eligible under the program in place of the artist who controls the legal person or of the artists who make up the group.

The municipality may provide that the program applies to take account of the fact that the persons or groups referred to in the second paragraph are the debtors of taxes imposed by the municipality or pay, directly or indirectly and in particular through the payment of rent, a portion or the whole of such taxes without being the debtors thereof; in such a case, the municipality must indicate any tax taken account of for the purposes of the program.

If the municipality does not avail itself of the third paragraph, it may only provide for the granting of subsidies. If it avails itself of that paragraph, it may provide for the granting of subsidies, for the granting of tax credits to debtors or for the granting of both; in the latter case, the municipality must set out the circumstances in which it grants a subsidy and the circumstances in which it grants a tax credit. The municipality shall prescribe the rules allowing the amount of the subsidy or of the tax credit to be established, the conditions required to be met for the subsidy or the tax credit to be granted and the terms under which the subsidy is paid or the tax credit is granted. If the municipality specifies more than one tax to be taken into account for the purposes of the program, it may set out or prescribe different circumstances, rules, terms or conditions for each tax.

The municipality may divide its territory into sectors or establish classes from among the persons or groups referred to in the second paragraph, or create two groups, one consisting of debtors of the tax and another of persons or groups who otherwise pay a portion or the whole of the tax; it may also establish any combination consisting of a sector, class and group or of two of those elements. The municipality may provide that the program applies only in one or more such sectors, to one or more such classes, to a single such group or to one or more such combinations. It may itself of the fourth paragraph in a different way according to sector, class, group or combination.

This article applies notwithstanding the Municipal Aid Prohibition Act (chapter I-15).

1995, c. 7, s. 8.

10. A municipality may accept the delegation of any power from the Government, a minister of the Government or any agency or body of the Government, where the law allows such a delegation, and exercise that power.

The council of the regional county municipality shall, if it wishes to accept such a delegation, adopt a resolution by which it expresses its intention to do so. Copy of the resolution must be sent by registered mail to each local municipality whose territory forms part of that of the regional county municipality.

The council of the regional county municipality may, not less than 90 days after service of the resolution referred to in the second paragraph, accept the delegation.

1980, c. 34, s. 1; 1987, c. 102, s. 40; 1989, c. 46, s. 14; 1991, c. 32, s. 169; 1993, c. 65, s. 92; 1996, c. 2, s. 228; 1997, c. 93, s. 67.

10.1. A local municipality may adopt a resolution expressing its disagreement in relation to the exercise of the delegated power by the regional county municipality. From the sending of the resolution by registered mail to the regional county municipality, the municipality ceases to be subject to the jurisdiction of the regional county municipality with respect to that power and is not required to contribute to the payment of expenses, and its representatives on the council of the regional county municipality are not entitled to participate in subsequent deliberations and voting with respect to that power.

For the purposes of the first paragraph and of articles 10.2 and 10.3, where a local municipality is subject to the jurisdiction of a regional county municipality, its territory is also subject thereto.

1987, c. 102, s. 40; 1996, c. 2, s. 229.

10.2. A local municipality which has availed itself of article 10.1 may, by resolution, become subject to the jurisdiction of the regional county municipality with respect to the delegated power. From the sending, by registered mail, of the resolution to the regional county municipality, the local municipality shall contribute to the payment of expenses and its representatives shall participate in subsequent deliberations and voting with respect to the exercise of such power.

1987, c. 102, s. 40; 1996, c. 2, s. 230.

10.3. The council of the regional county municipality shall prescribe, by by-law, the administrative and financial terms and conditions governing the application of articles 10.1 and 10.2, in particular the amounts to be paid where a local municipality becomes or ceases to be subject to the regional county municipality.

On the adoption of the by-law, the secretary-treasurer shall send a copy of it to the clerk or to the secretary-treasurer of each local municipality that has not exercised its right of withdrawal.

1987, c. 102, s. 40; 1996, c. 2, s. 231.

10.4. Article 10.1 does not apply where, under a legislative provision, the delegated power may be exercised only by a regional county municipality.

1987, c. 102, s. 40.

10.5. A municipality may enter into an agreement with the Government under which certain responsibilities, specified in the agreement, that are assigned by an Act or regulation to the Government, to a Minister or to a government body, are transferred to the municipality on an experimental basis.

1996, c. 27, s. 44.

10.6. The agreement must set out the conditions governing the exercise of the responsibility to which it applies, including the duration thereof, and, where applicable, provide for the renewal of the agreement and determine the rules relating to the financing required for its implementation.

1996, c. 27, s. 44.

10.7. A municipality may join with any municipality or urban community for the purposes of an agreement with the Government under article 10.5.

1996, c. 27, s. 44.

10.8. An agreement entered into under article 10.5 shall prevail over any inconsistent provision of any general law or special Act or of any regulation thereunder.

1996, c. 27, s. 44.

10.9. The Minister of Agriculture, Fisheries and Food may enter into an agreement with one or more municipalities, designated by the Government, respecting the administration within the territory of any municipality that is a party to the agreement, of the provisions of Acts, regulations or orders respecting the inspection of food that are under the administration of the Minister.

Where a regional county municipality is a party to such an agreement, its territory is deemed, for the purposes of this article, article 10.10, and any similar provision of another Act, to have subtracted from it the territory of any local municipality that is a party to the same agreement or to another agreement that is in force and that pertains to the administration of one, several or all of the same provisions. In such a case,

(1)  only the representatives of the other local municipalities on the council of the regional county municipality may take part in the discussions and vote relating to the agreement to which the regional county municipality is a party; for such purpose, the majority of those representatives constitutes the quorum and each representative has one vote;

(2)  only the other local municipalities shall contribute towards the payment of the expenses of the regional county municipality arising from the agreement to which the regional county municipality is a party.

If one of the municipalities that is a party to the agreement is charged with the administration of provisions in all or part of the territory of another municipality, that competence does not extend to the institution of penal proceedings for an offence under such a provision committed in the territory of that other municipality.

The first and third paragraphs do not apply to a municipality mentioned in Schedule A to the Act respecting the Communauté urbaine de Montréal (chapter C-37.2).

1996, c. 77, s. 22; 1998, c. 31, s. 27.

10.10. A municipality that is a party to an agreement under article 10.9 may, unless the agreement provides otherwise, institute penal proceedings for an offence committed in its territory under a provision covered by the agreement.

The fine shall belong to the municipality if it instituted the proceedings.

Proceedings referred to in the first paragraph may be instituted in any municipal court having jurisdiction over the territory in which the offence was committed. The costs relating to proceedings brought before a municipal court shall belong to the municipality responsible for the court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1) and the costs paid to the defendant under article 223 of that Code.

1996, c. 77, s. 22.

11. Where a special planning program in respect of that part of the territory of a local municipality designated as the “central sector” and planning by-laws consistent with that program are in force in a local corporation, the local municipality may carry out any program of acquisition of immovables provided for in the special planning program in view of alienating or leasing the immovables for purposes contemplated in the program.

The local municipality may also acquire any immovable situated in that part of its territory designated as the “central sector” even if the acquisition is not provided for in a program of acquisition of immovables, in view of alienating or leasing it to a person who requires it to carry out a project that is consistent with the special planning program, if the person is already the owner of lands or the beneficiary of a promise of sale of lands, representing two-thirds of the area required for the carrying out of the project.

1983, c. 57, s. 1; 1996, c. 2, s. 455.

12. For the purposes of article 11, the local municipality may, in particular,

(1)  acquire an immovable by agreement or by expropriation;

(2)  hold and manage the immovable;

(3)  carry out the required development, restoration, demolition or clearing work on the immovable;

(4)  alienate or lease the immovable for the purposes contemplated.

1983, c. 57, s. 1; 1996, c. 2, s. 455.

13. (Repealed).

1983, c. 57, s. 1; 1984, c. 38, s. 49; 1985, c. 27, s. 39; 1995, c. 34, s. 28.

14. (Repealed).

1983, c. 57, s. 1; 1995, c. 34, s. 28.

14.1. Every convention under which a municipality makes a financial commitment for a period exceeding five years must, to be binding on it, be previously approved by the Minister of Municipal Affairs, except in the case of a convention requiring it to pay fees for professional services, a work contract or an intermunicipal agreement.

The Minister may require that the resolution or by-law ordering the financial commitment be subject to the approval of persons qualified to vote on loan by-laws according to the procedure provided for the approval of the by-laws.

1984, c. 38, s. 50; 1994, c. 33, s. 23; 1995, c. 34, s. 29; 1996, c. 2, s. 455.

14.2. A local municipality may own immovables for the purposes of a land reserve.

A municipality may also own immovables for housing purposes and it may

(1)  lease the immovables;

(2)  equip the immovables and install public services therein;

(3)  demolish, move or restore any building erected on the immovables;

(4)  erect a construction on the immovables.

Notwithstanding any inconsistent provision, the municipality may also alienate an immovable referred to in this article gratuitously in favour of the Government, any of its ministers or bodies, a regional county municipality, a school board, the municipal housing bureau or any other non-profit agency, in addition to the persons mentioned in article 7.

1985, c. 27, s. 40; 1995, c. 34, s. 30; 1996, c. 2, s. 455; 1998, c. 31, s. 28.

14.3. Every municipality may, for the purposes within its competence, enter into an agreement with another municipality, a public institution referred to in section 7, a school board, an educational institution or a non-profit agency for the purposes of a joint purchase of equipment and materials.

1985, c. 27, s. 40; 1992, c. 21, s. 134, s. 375; 1996, c. 2, s. 455; 1996, c. 27, s. 45.

14.4. Every municipality that is a party to an agreement contemplated in article 14.3, may delegate the powers necessary for carrying it out, including the power to award a contract, to another person. The municipality may also exercise the competence delegated to it for the same purposes.

1985, c. 27, s. 40; 1996, c. 2, s. 455.

14.5. The rules governing the awarding of contracts by a municipality apply to a joint purchase to which it is a party. The total amount of a contract pertaining to such a purchase and the combined population of the municipalities that are parties to the agreement must be taken into consideration for the purposes of the application of those rules.

Notwithstanding the foregoing, the Minister of Municipal Affairs may exempt the municipalities that are parties to an agreement concerning a purchase, made jointly with a public institution referred to in section 7, a school board or an educational institution, from the application of all or some of the rules.

1985, c. 27, s. 40; 1992, c. 21, s. 135, s. 375; 1994, c. 33, s. 24; 1996, c. 2, s. 455.

14.6. The agreement may provide for its application to only part of the purchase procedure.

1985, c. 27, s. 40.

14.7. Municipalities may make a joint call for public tenders in view of awarding an insurance contract or a contract for the supply of services other than professional services.

The municipalities taking part in a joint call for public tenders may delegate to one of them the powers necessary for making the call. In that case, the acceptance of a tender by the municipality to which the powers have been delegated shall also bind each participating municipality towards the selected tenderer.

The total amount of a contract made following a joint call for tenders and the combined population of the municipalities that are parties to the joint call must be taken into consideration for the purposes of the application of the rules governing the awarding of contracts.

1985, c. 27, s. 40; 1994, c. 33, s. 25; 1996, c. 2, s. 455; 1996, c. 27, s. 46.

14.7.1. A municipality may enter into an agreement with the Union des municipalités du Québec or the Union des municipalités régionales de comté et des municipalités locales du Québec inc., or with both bodies, for the purchase of equipment or materials, the execution of work or the awarding of an insurance contract or a contract for the supply of services by the body or bodies in the name of the municipality.

The rules governing the awarding of contracts by a municipality apply to contracts awarded under this article as if the body or bodies were a municipality having a population that corresponds to the combined population of the municipalities that are parties to the agreement.

1992, c. 27, s. 32; 1995, c. 34, s. 31; 1996, c. 27, s. 47.

14.7.2. The party responsible for carrying out an agreement entered into under article 14.3 or 14.7.1 may, by agreement, delegate that responsibility to the General Purchasing Director appointed under section 3 of the Act respecting the Service des achats du gouvernement (chapter S-4) or to a department referred to in the second paragraph of section 4 of that Act.

The party responsible for carrying out an agreement to which reference is made in the first paragraph may also, by agreement, delegate that responsibility to a non-profit organization whose principal activity consists in managing the joint procurement of property or services for public institutions within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5), for school boards, for educational institutions or for non-profit organizations.

The rules governing the awarding of contracts by a municipality do not apply to acquisitions made or conditions of acquisition negotiated by the General Purchasing Director or a department in accordance with the regulations under the Financial Administration Act (chapter A-6). The Minister of Municipal Affairs may provide that such rules do not apply to contracts awarded by the delegating body referred to in the second paragraph, or to any class thereof.

1994, c. 33, s. 26; 1995, c. 34, s. 32; 1996, c. 27, s. 48.

14.8. A municipality, in accordance with the rules applicable to it, may enter into an agreement with the council of a band, within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) or of the Cree-Naskapi (of Quebec) Act (Statutes of Canada, 1984, chapter 18), provided it is an agreement which, by law, may be entered into between two municipalities.

1986, c. 32, s. 1; 1996, c. 2, s. 455.

14.8.1. A municipality may enter into an agreement with the council of a band within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) in relation to the exercise of its powers on the reserve over which the council of the band has authority and which is included within the territory of the municipality.

Such an agreement must be approved by the Government. It shall prevail over any inconsistent provision of a general law or special Act or of any regulation thereunder. In particular, it may provide that

(1)  the municipality is to renounce its power to impose any tax, compensation or mode of tariffing on the immovables situated on the reserve or in respect of them;

(2)  the Act respecting duties on transfers of immovables (chapter D-15.1) is not to apply to transfers of immovables situated on the reserve;

(3)  the tax base of the school tax is, on the reserve, to be different from the tax base established in section 310 of the Education Act (chapter I-13.3);

(4)  all or part of the by-laws of the municipality are not to apply on the reserve.

Such an agreement may have retroactive effect to the date fixed by the order of the Government approving the agreement.

The order may approve the agreement and fix the date from which it has effect, and may, to provide for the impact of the agreement, create a municipal rule of law or derogate from any provision of an Act for which the Minister of Municipal Affairs is responsible, of a special Act governing a municipality, or of an instrument under such an Act.

1996, c. 67, s. 62.

14.9. A local municipality may, in accordance with the Act respecting tourist establishments (chapter E-15.1), operate a tourist information office.

1987, c. 12, s. 47; 1996, c. 2, s. 455.

14.10. Subject to the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and the Act respecting the Ministère du Conseil exécutif (chapter M-30), a municipality may enter into an agreement with any person or any government other than the Gouvernement du Québec, or with any department or body of such a government, the object of which is the supply by the municipality of services, expertise, material, materials or equipment relating to any matter within its jurisdiction, so that they may be employed or used profitably outside Québec.

The municipality may implement the agreement and exercise the rights and meet the obligations arising from the agreement, even outside its territory.

1994, c. 33, s. 27; 1994, c. 15, s. 35; 1996, c. 27, s. 49; 1996, c. 21, s. 70.

14.11. Every municipality may participate in a program prepared in accordance with Division II.2 of the Act respecting the Ministère des Ressources naturelles (chapter M-25.2) or enter into an agreement under Division I.1 of Chapter II of the Act respecting the lands in the domain of the State (chapter T-8.1).

1995, c. 20, s. 37.

14.12. Every municipality that participates in a program or enters into an agreement pursuant to section 14.11 has the necessary powers to meet the commitments and assume the responsibilities arising from the program or agreement.

The municipality may, in particular,

(1)  acquire any land in the public domain;

(2)  administer, develop, alienate or lease and acquired from the public domain;

(3)  lease land in the public domain in order to administer and develop it;

(4)  accept delegated powers for the management of land in the public domain;

(5)  adopt a by-law for the purpose of exercising any power under section 71 of the Act respecting the lands in the public domain (chapter T-8.1).

1995, c. 20, s. 37; 1997, c. 93, s. 68.

14.12.1. Every municipality that participates in a program or enters into an agreement under article 14.11 may, to the extent provided for by the program or agreement, institute penal proceedings for an offence committed in its territory against a legislative or regulatory provision the application of which is the subject of the program or agreement.

The fine belongs to the municipality if it instituted the proceedings, and must be paid either into a fund established by the municipality under article 627.1.1 or 688.7 or into a fund established under article 688.7 by the regional county municipality whose territory contains that of the municipality. The Minister of Natural Resources may authorize payment into such other fund the Minister determines.

Proceedings referred to in the first paragraph may be instituted in a municipal court having jurisdiction in the territory in which the offence was committed. The costs relating to proceedings instituted before a municipal court belong to the municipality in which the court has jurisdiction, except any part of the costs remitted by the collector to another prosecuting party under article 366 of the Code of Penal Procedure (chapter C-25.1) and any costs remitted to the defendant or imposed on the municipality under article 223 of that Code.

1997, c. 93, s. 69; 1998, c. 31, s. 29.

14.12.2. The municipality may institute any proceeding and exercise any power assigned to the Minister of Natural Resources under sections 60 to 66 of the Act respecting the lands in the public domain (chapter T-8.1) to the extent provided for by the program or agreement.

1997, c. 93, s. 69.

14.13. For the purposes of articles 14.11 to 14.16, land in the public domain includes the buildings, improvements and movables situated thereon that form part of the public domain.

1995, c. 20, s. 37.

14.14. No person may appropriate by occupation, prescription or accession, land acquired from the public domain by a municipality for as long as the municipality remains the owner of the land.

The same rule applies to buildings, improvements and movables which, at the time the land was acquired from the public domain, were situated on the land and formed part of the public domain.

1995, c. 20, s. 37.

14.15. Subject to the program referred to in article 14.11, a municipality may use land acquired from the public domain for any purpose over which it has jurisdiction, or alienate it.

Unless otherwise provided for in the program, the price for which the land is alienated by the municipality must correspond to the market value of the land.

1995, c. 20, s. 37.

14.16. Moneys deriving from the leasing, development or alienation of land in the public domain, or land acquired from the public domain, and moneys deriving from the management of land in the public domain or from a forest management contract entered into under Division II of Chapter IV of the Forest Act (chapter F-4.1) must be paid by the municipality either into a fund established by the municipality under article 627.1.1 or 688.7 or into a fund established under article 688.7 by the regional county municipality whose territory contains that of the municipality.

The Minister of Natural Resources may authorize the payment of such sums into any other such fund he determines.

A municipality may subtract from the sums to be paid into the fund the amount, if any, that represents the costs relating to the acquisition, administration or development of land in the public domain or acquired from the public domain.

1995, c. 20, s. 37; 1998, c. 31, s. 30.

14.17. Every municipality may enter into an agreement with a person administering a cemetery in its territory, whereby the administration of the cemetery is delegated to it.

1996, c. 27, s. 50.

14.18. Every municipality to which a jurisdiction has been delegated may, if so authorized by the party having delegated its jurisdiction and subject to the conditions determined by that party, subdelegate all or part of the jurisdiction to a legal person established in the public interest, to a body referred to in articles 6.1 to 14.17 or to the General Purchasing Director.

1998, c. 31, s. 31.

15. Any oath required by this Code, may be taken before any judge, clerk of the Superior Court, clerk of the Court of Québec, member of the council, secretary-treasurer, justice of the peace, commissioner for oaths, or notary, within their respective territorial jurisdictions.

When the oath is received by a member of the council or by the secretary-treasurer, it may be received outside the territory of the municipality, provided it be in a locality in which the council hall or the office of the municipality is situated.

M.C. 1916, a. 7; 1949, c. 71, s. 1; 1952-53, c. 29, s. 17; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 232.

16. Any person before whom any oath may be taken, is empowered and bound, whenever he is called upon to do so, to administer the oath and deliver a certificate thereof, without charge, to the party taking the same.

M.C. 1916, a. 8.

17. Whenever any deposition or information is required to be given under oath, on behalf of any municipality, such deposition or information may be given by any member of the council or officer of the municipality authorized by a resolution of the council.

M.C. 1916, a. 9; 1996, c. 2, s. 455.

18. Every person who refuses or neglects, without reasonable cause, to perform any act imposed upon or required of him by this Code, incurs, over and above any claim of damages, a fine of not less than $20 nor more than $50, except in cases otherwise provided for.

M.C. 1916, a. 10; 1979, c. 36, s. 4.

19. The Attorney General may:

(1)  exercise, against a member of the council or an officer or employee of a local municipality or of a supramunicipal body who is disqualified from holding his office or employment, the recourse provided for in articles 838 to 843 of the Code of Civil Procedure (chapter C-25);

(2)  take the proceedings provided for in article 690.

For the purposes of this article, the expression “supramunicipal body” has the meaning given to it by sections 18 and 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

1980, c. 16, s. 36; 1982, c. 63, s. 2; 1988, c. 85, s. 85; 1996, c. 2, s. 455.

20. The Lieutenant-Governor, by an order in council, may revoke any order in council or proclamation made by him in municipal matters, either before or after 1 November 1916, and may make any other order or proclamation in lieu thereof.

M.C. 1916, a. 11.

21. (Repealed).

M.C. 1916, a. 12; 1996, c. 27, s. 51.

22. In municipal affairs, no act performed by a municipality, its officers or any other person, is null and void solely on account of error or insufficiency in the designation of the municipality, or of such act, or on account of insufficiency in or the omission of the declaration of the quality of such officer or person, provided that no surprise or injustice results therefrom.

M.C. 1916, a. 13; 1996, c. 2, s. 233.

23. No objection founded upon form, or upon the omission of any formality, even imperative, in any act or proceeding relating to municipal matters, can be allowed to prevail in any civil action, suit or proceeding respecting such matters, unless substantial injustice would be done by rejecting such objection, or unless the formality omitted be such that its omission, according to this Code, would render null the proceedings or other municipal acts requiring such formality.

M.C. 1916, a. 14; 1990, c. 4, s. 238.

24. If, in any article of this Code founded on the laws existing on 1 November 1916, there is a difference between the French and English texts, that version shall prevail which is most consistent with the provisions of the existing laws.

If there be any such difference in an article amending the existing laws, that version shall prevail which, according to the ordinary rules of legal interpretation, is most consistent with the intention of the article.

M.C. 1916, a. 15; 1937, c. 13, s. 5; 1938, c. 22, s. 1, s. 2.

25. The following expressions, terms and words, whenever they occur in this Code or in any municipal by-law or other municipal order, have the meaning, signification and application respectively assigned to them in this article, unless the context of the provision declares or indicates the contrary:

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  the word “council” means a municipal council, but does not include a board of delegates;

(4)  the term “local council” means the council of a local municipality;

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  the word “district” used alone means a judicial district established by law, and refers to the district in which the territory of the municipality is situated;

(8)  the term “chef-lieu” (“chief-place”) means the locality where the council of the regional county municipality holds its sittings;

(9)  the term “head of the council” or “head of a municipality” means the warden of a regional county municipality or the mayor of a local municipality, as the case may be;

(10)  the term “member of the council” means the head of the council or any councillor of the municipality;

(11)  the word “elector” means a person having the right to vote at a municipal election;

(12)  the word “treasurer” means the secretary-treasurer;

(13)  (paragraph repealed);

(14)  the word “sitting”, employed alone, refers indifferently to an ordinary or general sitting, or to a special sitting;

(15)  the term “municipal office” includes all the offices held or duties discharged either by the members of a council or the officers of a municipality;

(16)  the word “appointment” means and includes every election by the electors or by the council, and every appointment by the Minister of Municipal Affairs or by the municipal council, whenever, by the terms of the context it does not refer specially to one of such cases. This provision applies to the word “appoint” and its derivatives;

(17)  the term “taxable property” means the immovables taxable under the Act respecting municipal taxation (chapter F-2.1);

(18)  the word “owner” or “proprietor” means every one having the ownership or usufruct of taxable property, or possessing or occupying the same as owner or usufructuary, or occupying lands in the public domain under an occupation license or a location ticket; it applies to all co-proprietors, and to every partnership, association, railway company or corporation whatsoever;

(19)  the word “tenant” includes the person who is obliged to give to the proprietor any portion whatever of the fruits and revenues of the immovable occupied by him;

(20)  the word “absent” applies to every person whose domicile is outside the territory of the municipality; nevertheless any person, corporation or company, which has any place of business whatever in the territory of the municipality, is deemed present or domiciled in such municipality;

(21)  the word “ratepayer” means any owner, tenant, occupant or other individual, who, by reason of the immovable property which he owns or occupies in the territory of a municipality, is liable for the payment of municipal taxes or for the construction and maintenance of municipal works, by contribution in materials, labour or money; it means also any person who, by reason of his movable property, or by reason of his occupation, profession, business, art or trade, may be liable for the payment of municipal taxes;

(22)  the term “municipal tax” means and includes:

(a)  all taxes and contributions in money imposed by local councils, under by-law, procès-verbal or act of apportionment;

(b)  all taxes and contributions in materials or labour imposed by local councils upon ratepayers for municipal works, under by-law, procès-verbal or other municipal act, and converted into money by a resolution after special notice given to the ratepayers interested, or by the judgment of any court;

(23)  the word “range” refers to a succession of neighboring lots usually abutting on the same line; it means also a “concession” or a “row” (“côte”) taken in the same sense;

(24)  the words “land” or “immovable” or “immovable property” mean all lands or parcels of land in the territory of a municipality, owned or occupied by one person or by several persons jointly, and include the buildings and improvements thereon. The said words also include the pipes used for the conveying of water from a waterworks, as well as those used for the distribution of gas, electricity, the telephone or the telegraph, wheresoever such pipes are found in the territory of the municipality. The right to cut timber, granted or alienated by the proprietor of the lot, other than the Crown, is also an immovable within the meaning of this paragraph.

If a building or an improvement is a unit of assessment entered on the assessment roll separately from the land on which it is situated, it, also, is an immovable property or an immovable within the meaning of this paragraph; any provision of this Code concerning a tax based on the surface area, frontage or any other dimension of an immovable or an immovable property does not apply to such a building or improvement;

(25)  the word “lot” means any land situated in any range as conceded or sold by the original title or by the oldest title that is to be found; it includes any subdivisions of such land made since the said concession or sale, with the buildings and improvements thereon;

(26)  the word “bridge” means any bridge under the management of a municipality and forming part of a municipal road, whether it is constructed for the use of said road or for the passage of a watercourse;

(27)  the word “road” includes high-roads, streets, lanes, front roads, by-roads, and roads which lead solely to railway stations, to ferries or to toll-bridges;

(28)  the term “boundary fence” means the fence dividing two properties adjacent to one another, whether public or private;

(29)  the word “month” means a calendar month;

(30)  the expression “following day” does not mean nor include holidays, except when an act may be done upon a holiday;

(31)  the words “alcoholic beverages” mean all liquors defined as such by the Act respecting offences relating to alcoholic beverages (chapter I-8.1);

(32)  the word “bond” means and includes all debentures issued by municipalities, for the purpose of raising money;

(33)  the term “Municipal Code” used in any Act, statute, by-law, writing, procedure or document whatever, is a sufficient citation and designation of the Municipal Code of Québec;

(34)  (paragraph repealed);

(35)  the term “Lieutenant-Governor” means the Government;

(36)  the term “municipal inspector” means the municipal inspector appointed under article 221 or 223; it means also every divisional road inspector within the boundaries of his division, when the local municipality, in compliance with article 219, has appointed an inspector for each road division, subject, however, to the control and supervision of the municipal inspector who may be appointed under article 221 or 223;

(37)  the words “standardized assessment” mean the product obtained by multiplying the values entered on the assessment roll of a municipality by the factor established for that roll by the Minister of Municipal Affairs under the Act respecting municipal taxation (chapter F-2.1);

(38)  the word “charter”, except in article 737, means any Act, any letters patent or any order constituting a municipality;

(39)  the word “officer” means a public servant or an employee.

M.C. 1916, a. 16; 1922 (1st sess.), c. 99, s. 1; 1924, c. 83, s. 1; 1938, c. 103, s. 1; 1942, c. 69, s. 1; 1949, c. 59, s. 58; 1965 (1st sess.), c. 17, s. 2; 1977, c. 53, s. 2; 1979, c. 72, s. 268; 1982, c. 2, s. 4; 1986, c. 95, s. 81; 1987, c. 23, s. 76; 1988, c. 19, s. 244; 1992, c. 61, s. 182; 1996, c. 2, s. 234; 1996, c. 27, s. 52.

26. The domicile of a person within the meaning of this Code shall be at the same place as under the Civil Code of Lower Canada for the exercice of his civil rights.

1968, c. 86, s. 2; 1969, c. 82, s. 2; 1988, c. 19, s. 245.

27. If the delay fixed by this Code for the accomplishment of any proceeding, act, or formality prescribed by the provisions thereof, expires or falls upon a Sunday or legal holiday, the delay so fixed shall be continued to the first day following, not a Sunday or holiday.

M.C. 1916, a. 18.

28. Every lot or piece of land is described by its number and by the name of the range or street, or by the boundaries and abuttals thereof. Nevertheless, in the case of a municipality whose territory is included in a registration division, in which the provisions of the Civil Code of Lower Canada respecting the plan and book of reference are in force, the description of every lot or part of lot of land is given by the cadastral number, in accordance with the said provisions of the Civil Code of Lower Canada.

M.C. 1916, a. 19; 1996, c. 2, s. 235.

29. Every railway company is obliged to construct and maintain fences, roads, bridges, ditches and watercourses on the properties possessed or occupied by it in the territory of a municipality, and is subject like any other ratepayer to the provisions of the by-laws, procès-verbaux or other municipal enactments passed to that effect, even if such work upon fences, roads, bridges, ditches and watercourses should not be of advantage to the company.

M.C. 1916, a. 20; 1996, c. 2, s. 456.

30. Should such company neglect or refuse to perform the work for which it is liable under article 29, within the prescribed delay, it shall be liable for the damages occasioned by its neglect or refusal, and to a fine of $20 for each day during which such neglect or refusal continues.

M.C. 1916, a. 21.

31. Articles 29 and 30 apply also to Federal and Provincial Government railways, whether such railways are operated by the Government or by private parties.

M.C. 1916, a. 22.

TITLE I

Repealed, 1993, c. 65, s. 93.

1993, c. 65, s. 93.

CHAPTER I

Repealed, 1993, c. 65, s. 93.

1993, c. 65, s. 93.

32. (Repealed).

M.C. 1916, a. 23; 1982, c. 2, s. 5; 1993, c. 65, s. 93.

33. (Repealed).

M.C. 1916, a. 24; 1985, c. 27, s. 41.

CHAPTER II

Repealed, 1988, c. 19, s. 246.

1988, c. 19, s. 246.

34. (Repealed).

M.C. 1916, a. 25; 1982, c. 2, s. 6; 1987, c. 57, s. 731; 1988, c. 19, s. 246.

35. (Repealed).

M.C. 1916, a. 26; 1988, c. 19, s. 246.

36. (Repealed).

M.C. 1916, a. 27; 1988, c. 19, s. 246.

37. (Repealed).

M.C. 1916, a. 28; 1921, c. 48, s. 20; 1930, c. 103, s. 1; 1971, c. 87, s. 1; 1977, c. 53, s. 3; 1988, c. 19, s. 246.

38. (Repealed).

M.C. 1916, a. 35; 1917-18, c. 81, s. 1; 1926, c. 34, s. 2; 1930, c. 103, s. 2; 1971, c. 87, s. 2; 1977, c. 53, s. 4; 1985, c. 27, s. 42; 1988, c. 19, s. 246.

38.1. (Repealed).

1985, c. 27, s. 43; 1988, c. 19, s. 246.

39. (Repealed).

M.C. 1916, a. 36; 1928, c. 95, s. 1; 1929, c. 88, s. 1; 1988, c. 19, s. 246.

40. (Repealed).

M.C. 1916, a. 37; 1922 (1st sess.), c. 80, s. 5; 1984, c. 47, s. 213; 1988, c. 19, s. 246.

41. (Repealed).

M.C. 1916, a. 38; 1917-18, c. 20, s. 15; 1977, c. 53, s. 5; 1979, c. 81, s. 20; 1988, c. 19, s. 246.

42. (Repealed).

M.C. 1916, a. 39; 1979, c. 81, s. 20; 1988, c. 19, s. 246.

43. (Repealed).

M.C. 1916, a. 40; 1988, c. 19, s. 246.

44. (Repealed).

M.C. 1916, a. 41; 1917-18, c. 20, s. 16; 1950, c. 74, s. 1; 1977, c. 53, s. 6; 1988, c. 19, s. 246.

45. (Repealed).

M.C. 1916, a. 42; 1941, c. 69, s. 3; 1977, c. 53, s. 7; 1982, c. 63, s. 3; 1988, c. 19, s. 246.

46. (Repealed).

M.C. 1916, a. 43; 1917-18, c. 20, s. 17; 1929, c. 88, s. 2; 1955-56, c. 42, s. 1; 1988, c. 19, s. 246.

47. (Repealed).

M.C. 1916, a. 44; 1975, c. 82, s. 1; 1982, c. 63, s. 4; 1987, c. 57, s. 732; 1988, c. 19, s. 246.

48. (Repealed).

M.C. 1916, a. 45; 1950, c. 74, s. 2; 1982, c. 63, s. 5; 1988, c. 19, s. 246.

49. (Repealed).

M.C. 1916, a. 46; 1988, c. 19, s. 246.

50. (Repealed).

M.C. 1916, a. 47; 1921, c. 48, s. 21; 1945, c. 70, s. 1; 1988, c. 19, s. 246.

51. (Repealed).

1921, c. 48, s. 22; 1988, c. 19, s. 246.

52. (Repealed).

M.C. 1916, a. 48; 1930, c. 103, s. 3; 1974, c. 81, s. 1; 1977, c. 5, s. 228; 1988, c. 19, s. 246.

53. (Repealed).

M.C. 1916, a. 49; 1988, c. 19, s. 246.

CHAPTER III

Repealed, 1988, c. 19, s. 246.

1988, c. 19, s. 246.

54. (Repealed).

1975, c. 82, s. 2; 1977, c. 53, s. 8; 1979, c. 36, s. 5; 1988, c. 19, s. 246.

55. (Repealed).

1979, c. 36, s. 5; 1988, c. 19, s. 246.

56. (Repealed).

1979, c. 36, s. 5; 1987, c. 57, s. 733; 1988, c. 19, s. 246.

57. (Replaced).

1979, c. 36, s. 5; 1987, c. 57, s. 733.

58. (Repealed).

1979, c. 36, s. 5; 1987, c. 57, s. 734; 1988, c. 19, s. 246.

59. (Repealed).

1979, c. 36, s. 5; 1982, c. 63, s. 6; 1987, c. 57, s. 735.

60. (Repealed).

1979, c. 36, s. 5; 1987, c. 57, s. 736; 1988, c. 19, s. 246.

60.1. (Repealed).

1987, c. 57, s. 737; 1988, c. 19, s. 246.

61. (Repealed).

1979, c. 36, s. 5; 1987, c. 57, s. 738; 1988, c. 19, s. 246.

62. (Repealed).

1979, c. 36, s. 5; 1988, c. 19, s. 246.

63. (Repealed).

1979, c. 36, s. 5; 1988, c. 19, s. 246.

CHAPTER IV

Repealed, 1988, c. 19, s. 246.

1988, c. 19, s. 246.

64. (Repealed).

M.C. 1916, a. 50; 1941, c. 69, s. 4; 1988, c. 19, s. 246.

65. (Repealed).

M.C. 1916, a. 51; 1988, c. 19, s. 246.

66. (Repealed).

M.C. 1916, a. 52; 1988, c. 19, s. 246.

67. (Repealed).

1929, c. 88, s. 3; 1949, c. 59, s. 59; 1973, c. 38, s. 89; 1979, c. 72, s. 269, s. 490, s. 513; 1988, c. 19, s. 246.

68. (Repealed).

M.C. 1916, a. 53; 1922 (1st sess.), c. 80, s. 6; 1988, c. 19, s. 246.

69. (Repealed).

M.C. 1916, a. 54; 1988, c. 19, s. 246.

70. (Repealed).

M.C. 1916, a. 55; 1971, c. 87, s. 3; 1988, c. 19, s. 246.

71. (Repealed).

M.C. 1916, a. 56; 1988, c. 19, s. 246.

72. (Repealed).

M.C. 1916, a. 57; 1988, c. 19, s. 246.

73. (Repealed).

M.C. 1916, a. 58; 1988, c. 19, s. 246.

74. (Repealed).

M.C. 1916, a. 59; 1988, c. 19, s. 246.

75. (Repealed).

M.C. 1916, a. 60; 1988, c. 19, s. 246.

76. (Repealed).

M.C. 1916, a. 61 (part); 1988, c. 19, s. 246.

77. (Repealed).

1982, c. 63, s. 7; 1988, c. 19, s. 246.

78. (Repealed).

1982, c. 63, s. 7; 1988, c. 19, s. 246.

TITLE II MUNICIPAL COUNCILS

CHAPTER I GENERAL PROVISIONS

79. Every municipality governed by this Code is represented by its council; its powers are exercised and its duties discharged by such council and its officers.

M.C. 1916, a. 62; 1996, c. 2, s. 455.

80. (Repealed).

M.C. 1916, a. 63; 1996, c. 2, s. 236.

81. (Repealed).

M.C. 1916, a. 64; 1996, c. 2, s. 236.

82. The council must directly exercise the powers conferred upon it by this Code; it cannot delegate them.

Nevertheless, it may appoint committees composed of as many of its members at it deems advisable, with power to examine and study any question whatever. In such case the committees must render account of their labours by reports signed by their chairman or by a majority of their members; and no report of a committee has any effect whatever until it has been adopted by the council at a regular sitting.

M.C. 1916, a. 65.

83. By-laws, resolutions and other municipal enactments must be passed by the council in session.

M.C. 1916, a. 66.

84. Any council which, under this Code, no longer possesses the powers which were conferred upon it under the authority of Acts antecedent to 1 November 1916, may repeal any enactment which it may have passed under such powers.

M.C. 1916, a. 67.

85. Every one who is entitled to be heard before the council or any of its committees, may be heard in person or by any other person acting of his behalf, whether authorized by power of attorney or not. He may also call and examine witnesses.

M.C. 1916, a. 68.

86. The council or any committee, on every question or matter pending before them, may:

(1)  take communication of all documents or writings produced in evidence;

(2)  summon any person residing in the territory of the municipality;

(3)  examine under oath the parties and their witnesses, and cause an oath to be administered to each one either by one of their members or by the secretary-treasurer.

The council may declare who shall bear and pay the costs incurred for the appearance of the witnesses heard or present, or for the summoning of witnesses who have made default, and may tax such costs, including reasonable travelling expenses, and $1 a day for the time of each witness. The amount thus taxed may be recovered by ordinary action, either by the municipality or by the person who had advanced and paid the same, as the case may be.

M.C. 1916, a. 69; 1996, c. 2, s. 237.

87. If any one so summoned before the council or any committee fails, without just cause, to appear at the time and place mentioned in the summons, when compensation has been paid or offered to him for his reasonable travelling expenses for going and returning, and $1 a day for his time, he incurs a fine of not less than $4 nor more than $10.

M.C. 1916, a. 70; 1990, c. 4, s. 239.

88. Any document, order or proceeding of a council, the publication of which is required by this Code, or by the council itself, must be published in the same manner as public notices.

M.C. 1916, a. 71.

89. Any person depositing or filing any document relating to municipal matters in the office of the municipality or before the council in session, is entitled to a receipt or acknowledgment certifying to the deposit or filing of such document. Such receipt is given by the secretary-treasurer, if the deposit is made at his office, or by the person presiding at the council, if filed before the council in session.

Any secretary-treasurer or person presiding, who neglects or refuses to receive any such document, or to deposit the same in the archives of the municipality, or to give the required receipt, incurs a fine of not more than $100 in each case, in addition to the damages caused by such refusal or neglect.

M.C. 1916, a. 72; 1996, c. 2, s. 455.

90. Every document produced as an exhibit, and filed in the office of the municipality or with its officers, must be returned, on being tendered a receipt therefor, to the person who produced the same, whenever he requires it, after it has served the purpose for which it was filed.

M.C. 1916, a. 73; 1996, c. 2, s. 455.

91. The office of the municipality is that which is occupied by the secretary-treasurer in his official capacity, in accordance with article 183, and must be in the territory of the municipality, except in the case mentioned in article 92.

M.C. 1916, a. 74; 1996, c. 2, s. 238.

92. The office of a municipality or of any officer or employee of such municipality may be established in a local municipal territory situated in proximity to that of the municipality.

M.C. 1916, a. 75; 1930, c. 104, s. 1; 1974, c. 81, s. 2; 1996, c. 2, s. 239.

93. Every service, filing or deposit, to be made at the office of the municipality, may be made with equal validity upon or with the secretary-treasurer personally or at his domicile, speaking to a reasonable person belonging to his family.

In such case, however, the receipt cannot be demanded unless the filing or deposit has been made with the secretary-treasurer personally.

M.C. 1916, a. 76; 1996, c. 2, s. 455.

94. (Repealed).

M.C. 1916, a. 77; 1963 (1st sess.), c. 65, s. 1; 1968, c. 86, s. 3; 1974, c. 81, s. 3; 1975, c. 82, s. 3; 1977, c. 53, s. 9; 1979, c. 36, s. 6; 1980, c. 16, s. 37; 1988, c. 30, s. 34.

95. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

96. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

97. (Repealed).

1980, c. 16, s. 37; 1983, c. 57, s. 2; 1988, c. 30, s. 34.

98. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

99. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

100. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

101. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

102. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

103. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

104. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

105. (Repealed).

1980, c. 16, s. 37; 1982, c. 62, s. 143; 1983, c. 57, s. 3; 1988, c. 30, s. 34.

106. (Repealed).

1980, c. 16, s. 37; 1988, c. 30, s. 34.

107. No vote given by a person illegally holding office as member of a council, and no act in which, in such capacity, he has participated, can be set aside, with respect to persons who have acted in good faith, solely by reason of the illegal exercise of such office.

M.C. 1916, a. 78.

108. Any member of a council who, to his own knowledge, is not at the time duly qualified, votes at any sitting of the council, or of any committee thereof, is liable to a fine of not more than $100 for each such vote.

M.C. 1916, a. 79.

CHAPTER II ACTING MAYOR

1996, c. 2, s. 240.

109. (Repealed).

M.C. 1916, a. 80; 1922 (1st sess.), c. 100, s. 1; 1922 (2nd sess.), c. 84, s. 1; 1977, c. 53, s. 10; 1982, c. 63, s. 8; 1987, c. 57, s. 739.

110. (Repealed).

M.C. 1916, a. 81; 1954-55, c. 50, s. 1; 1975, c. 82, s. 4; 1980, c. 16, s. 38; 1987, c. 57, s. 739.

111. (Repealed).

M.C. 1916, a. 82; 1927, c. 74, s. 1; 1954-55, c. 50, s. 2; 1975, c. 82, s. 5; 1980, c. 16, s. 39; 1987, c. 57, s. 739.

112. (Repealed).

M.C. 1916, a. 83; 1987, c. 57, s. 739.

113. (Repealed).

M.C. 1916, a. 84; 1955-56, c. 42, s. 2; 1987, c. 57, s. 739.

114. (Repealed).

M.C. 1916, a. 85; 1927, c. 74, s. 2; 1954-55, c. 50, s. 3; 1977, c. 53, s. 11; 1980, c. 16, s. 40; 1982, c. 63, s. 9; 1987, c. 57, s. 739.

115. (Repealed).

M.C. 1916, a. 86; 1933, c. 41, s. 2; 1992, c. 61, s. 183.

116. The council may, at any time, appoint one of the councillors as acting-mayor who, in the absence of the mayor or when the office is vacant, discharges the duties of the mayoralty, with all the privileges and rights, and subject to all the obligations thereunto attached.

M.C. 1916, a. 87; 1935, c. 108, s. 1; 1968, c. 86, s. 2.

CHAPTER III EXECUTIVE COMMITTEE AND REGIONAL COUNTY MUNICIPALITY DELEGATES

1996, c. 2, s. 241.

DIVISION I

Repealed, 1993, c. 65, s. 94.

1993, c. 65, s. 94.

117. (Repealed).

M.C. 1916, a. 88; 1979, c. 51, s. 248; 1982, c. 2, s. 7; 1982, c. 63, s. 10; 1989, c. 46, s. 15; 1993, c. 65, s. 94.

118. (Repealed).

M.C. 1916, a. 89; 1975, c. 82, s. 6; 1993, c. 65, s. 94.

119. (Repealed).

M.C. 1916, a. 90; 1930-31, c. 114, s. 1; 1974, c. 81, s. 4; 1982, c. 63, s. 11; 1988, c. 19, s. 247.

120. (Repealed).

M.C. 1916, a. 91; 1993, c. 65, s. 94.

121. (Repealed).

M.C. 1916, a. 92; 1993, c. 65, s. 94.

122. (Repealed).

M.C. 1916, a. 93; 1917-18, c. 20, s. 18; 1975, c. 82, s. 7; 1993, c. 65, s. 94.

DIVISION II EXECUTIVE COMMITTEE OF THE REGIONAL COUNTY MUNICIPALITY

1996, c. 2, s. 242.

123. The council of the regional county municipality may, by by-law, constitute an executive committee composed of the warden, the deputy warden and not more than three other members of the council.

The council shall, by resolution, appoint the members of the executive committee in accordance with the number indicated in the by-law.

A majority of the members of the committee constitutes a quorum.

1975, c. 82, s. 8; 1996, c. 2, s. 243.

124. The council may, by by-law, delegate to the executive committee any of the powers it may exercise by resolution.

However, the council cannot delegate to the executive committee the appointment and fixing of the salary of an employee assigned to a post the holder of which is not an employee within the meaning of the Labour Code (chapter C-27), nor the awarding of a contract the amount of which exceeds $10 000.

The resolutions made by the executive committee have the same force and effect as if they were made by the council.

1975, c. 82, s. 8; 1979, c. 36, s. 7; 1996, c. 2, s. 244; 1997, c. 93, s. 70.

125. The council, when it considers it advisable, may replace any member of the executive committee it has itself designated.

It may also, by by-law, withdraw from the committee all or part of the powers it has delegated to it under article 124.

1975, c. 82, s. 8; 1997, c. 93, s. 71.

126. The warden or, when he is absent, the deputy warden is ex officio the chairman of the executive committee.

The secretary-treasurer of the regional county municipality is ex officio the secretary of the executive committee, except if he is incapacitated or he refuses, in which case the council proceeds to the appointment of a competent person and fixes his salary.

1975, c. 82, s. 8; 1996, c. 2, s. 245.

127. In exercising any power devolved on it by delegation of the council, the executive committee is subject to the rules of this Code respecting the holding of its sittings and the general conduct of its affairs, inasmuch as such rules apply to such council and are consistent with the application of this Section.

1975, c. 82, s. 8; 1996, c. 2, s. 246.

DIVISION III REGIONAL COUNTY MUNICIPALITY DELEGATES

1996, c. 2, s. 247.

128. The delegates of every regional county municipality are three in number.

Such delegates exercise the powers and discharge the duties which devolve upon them under this Code, in conjunction with the delegates of the other regional county municipalities concerned.

M.C. 1916, a. 94; 1996, c. 2, s. 248.

129. The warden is, ex officio, one of the delegates.

The other two delegates are appointed by the council, from among its members, at the sitting held in the month of November. They remain in office until their successors are duly installed even if they have ceased to form part of the council, unless, in the latter case, they have been replaced under article 130.

M.C. 1916, a. 95; 1975, c. 82, s. 9; 1982, c. 63, s. 12; 1996, c. 2, s. 249.

130. Whenever any one of the delegates dies, or becomes incapacitated from attending to his duties during two consecutive months by absence, sickness or any other cause, or refuses to discharge such duties during a like period, the council appoints another delegate in his stead, at the first sitting held after such death, or delay of two months.

If one of the delegates ceases to form part of the council, his successor must be appointed by the council without delay.

M.C. 1916, a. 96.

131. The council may appoint, from its members, a substitute for each of the three delegates.

Such substitute shall act whenever his principal is unable to perform his duties.

1930, c. 103, s. 4.

DIVISION IV BOARD OF DELEGATES

132. The board of delegates is composed of the delegates from the regional county municipalities in which the inhabitants of the territory thereof, or some of them, are interested in any work or matter which comes under the jurisdiction of such municipalities.

M.C. 1916, a. 97; 1996, c. 2, s. 250.

133. The board of delegates sits for the purpose of taking into consideration and deciding matters within its jurisdiction, whenever required so to do, or whenever it deems necessary, by following the formalities prescribed for the summoning of the meeting.

M.C. 1916, a. 98.

134. The delegates meet at the time and place indicated in the notice of meeting given to them.

M.C. 1916, a. 99.

135. The meeting of the board of delegates is convened, upon a requisition in writing, by two members of the board, or by the secretary-treasurer of one of the regional county municipalities.

Such meeting is convened and held in the same manner as a special sitting of the council of a regional county municipality.

The place where such meeting is held is selected by those who convene the same.

M.C. 1916, a. 100; 1996, c. 2, s. 251.

136. Any person interested in a question submitted, or about to be submitted, to the board of delegates, may call upon the secretary-treasurer of one of such regional county municipalities to convene a meeting of the board of delegates, if a meeting of such board has not already been convened, to be held within the 15 days next following.

M.C. 1916, a. 101; 1996, c. 2, s. 252.

137. The secretary-treasurer of the regional county municipality who called the meeting is, ex officio, the secretary of the board of delegates.

If the meeting has been convened by two members of the board, the secretary-treasurer of the municipality whereof such two members are the delegates, is the secretary of the board. If the two members belong to different councils, the secretary of the board is appointed by the delegates, and must be the secretary-treasurer of one of the regional county municipalities.

The secretary keeps minutes of the proceedings of the delegates, and deposits the same with all other documents of the board, in the archives of the municipality whose officer he is; and he forwards a copy to the office of each of the other regional county municipalities interested.

The secretary-treasurer of each regional county municipality must forward to each local municipality interested, among the municipalities whose territory is included in that of the regional county municipality, a copy of every decision of the board of delegates.

M.C. 1916, a. 102; 1996, c. 2, s. 253.

138. Four of the delegates summoned to the meeting form a quorum of the board.

M.C. 1916, a. 103.

139. The meeting is presided over by any one of the delegates present, chosen from among themselves.

In the case of an equal division of votes in their choice of a chairman, the chairman is chosen by lot.

M.C. 1916, a. 104.

140. Every disputed question is decided by the vote of the majority of the delegates present, the chairman having the same right to vote as the other delegates; in the event of an equal division of votes, the motion shall be submitted to the Minister of Municipal Affairs and the latter shall appoint a person to act as an arbitrator whose decision shall have the same effect as a decision rendered by the board of delegates.

The costs of the arbitration shall be paid in equal shares by the municipalities concerned. The fees of the arbitrator shall, if they have not been determined by the Minister of Municipal Affairs when appointing him, be fixed by a judge of the Court of Québec, on petition, after notice to the parties interested. The costs on such petition shall form part of the costs of arbitration.

M.C. 1916, a. 105; 1928, c. 94, s. 4; 1929, c. 88, s. 4; 1949, c. 59, s. 60; 1952-53, c. 29, s. 17; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 254.

141. Articles 88 and 689 to 692 apply likewise to all documents, orders or proceedings of the board of delegates.

Articles 85, 89 and 90 apply likewise to the board of delegates.

M.C. 1916, a. 106.

TITLE III RULES GOVERNING BOTH MAYORS AND WARDENS

142. (1)  The head of the council exercises the rights of superintendence, of investigation and of control over all the affairs and officers of the municipality; sees specially that the revenues of the municipality are collected and expended according to law; sees to the faithful and impartial execution of by-laws and resolutions, and communicates to the council any information or recommendation which he considers conducive to the interests of the municipality and the inhabitants of its territory.

(2)  He signs, seals and executes, in the name of the municipality, all by-laws, resolutions, obligations, contracts, agreements or deeds made and passed or ordered by the corporation, which are presented to him by the secretary-treasurer for his signature, after their adoption by the council.

(3)  If the head of the council refuses to approve and sign the same, the secretary-treasurer submits them anew for the consideration of the council at its next general sitting, or, after notice, at a special sitting.

(4)  If the council again approves such by-laws, resolutions, obligations, contracts, agreements or deeds, they are legal and valid, as though they had been signed and approved by the head of the council, and notwithstanding his refusal. In the case of a local municipality, the decision must be made by a majority of the members of the council.

(5)  Where so ordered by the Minister of Municipal Affairs, the head of the council is bound to read to the council all circulars or communications addressed to the head of the council or to the council by the Minister. The head of the council shall also, where so required by the council or by the Minister, publish them in the manner prescribed for the publication of public notices.

(6)  He is also bound to furnish to the Lieutenant-Governor, on demand from the Minister of Municipal Affairs, all information concerning the execution of the municipal laws, and all other information which it may be in his power to give with the concurrence of the council.

M.C. 1916, a. 107; 1917-18, c. 20, s. 19; 1996, c. 2, s. 255; 1996, c. 77, s. 23; 1998, c. 31, s. 32.

TITLE IV SITTINGS OF COUNCILS

143. (Repealed).

M.C. 1916, a. 108; 1917-18, c. 20, s. 20; 1977, c. 53, s. 12; 1982, c. 63, s. 13; 1987, c. 57, s. 740; 1988, c. 19, s. 248.

144. The council of the regional county municipality sits at the place established for its first sitting in accordance with the Act respecting municipal territorial organization (chapter O-9), until, by resolution, it has fixed upon some other place to hold its sittings.

M.C. 1916, a. 109; 1974, c. 81, s. 5; 1993, c. 65, s. 95; 1997, c. 93, s. 72.

145. The local council sits at the place selected for the first sitting in accordance with the Act respecting municipal territorial organization (chapter O-9) until, by resolution, it has fixed upon some other place, which, as nearly as may be, must be in the most public place in the territory of the municipality, but under no circumstances in an establishment where alcoholic beverages are sold.

The council may, by by-law, determine that the place at which it sits is in a local municipal territory situated in proximity to the territory of the municipality.

M.C. 1916, a. 110; 1925, c. 87, s. 1; 1974, c. 81, s. 6; 1988, c. 19, s. 249; 1996, c. 2, s. 256.

146. The Québec flag must be flown on or in front of the municipal building where the meetings of the council are held, to the right if two flags are flown or in the middle in other cases.

1979, c. 36, s. 8.

147. The quorum of the council of a local municipality is a majority of its members.

M.C. 1916, a. 111; 1980, c. 16, s. 41; 1996, c. 2, s. 257.

148. The ordinary or general sittings of the council of a regional county municipality are held at least once every two months, on the days fixed by by-law of the council, one of such sittings being held on the fourth Wednesday in November. Those of a local council are held on the first Monday in each month, unless otherwise provided by the council.

At the sitting held in November, the council of the regional county municipality must, in particular, adopt the budget of the municipality for the next fiscal year.

The Minister of Municipal Affairs may, of his own initiative, permit the councils of the regional county municipalities or a category of them to adopt the budget at a sitting subsequent to the regular sitting of November, held not later than the date he fixes.

On sufficient proof that the council of the regional county municipality is unable to adopt the budget at the regular sitting of November or, where such is the case, within the time fixed by the Minister under the third paragraph, the Minister may grant therefor such additional time as he may fix.

M.C. 1916, a. 112; 1934, c. 81, s. 1; 1977, c. 53, s. 13; 1980, c. 16, s. 42; 1982, c. 2, s. 8; 1982, c. 63, s. 14; 1984, c. 38, s. 51; 1996, c. 2, s. 258.

148.1. At a regular sitting of the council of a regional county municipality, decisions may be made only in respect of subjects or matters mentioned on the agenda, except if all the members of the council entitled to vote on the subject or matter that is proposed to be added are present.

1998, c. 31, s. 33.

149. The sittings commence at 10 o’clock in the morning, if not otherwise determined by the notice of the meeting, by an adjournment, or by by-law or resolution.

They are public, and consist of one sitting, unless adjourned; the proceedings must be carried on in an audible and intelligible voice.

M.C. 1916, a. 113.

150. The sitting of the council includes a period during which the persons attending may put oral questions to the council members.

The council may, by by-law, prescribe the length of the period, the time at which it is held and the procedure to be followed in putting a question.

1980, c. 16, s. 43; 1982, c. 18, s. 144.

151. If the day fixed for an ordinary sitting by this Code or by by-law, falls upon a holiday, such sitting is held on the next following juridical day.

M.C. 1916, a. 114.

152. A special sitting of any council may be convened at any time by the head, by the secretary-treasurer or by two members of such council, by giving special notice in writing of such sitting to all the members of the council, other than those convening the same.

M.C. 1916, a. 115.

153. At a special sitting, only the subjects or matters mentioned in the notice calling the council together, may be taken into consideration except with the unanimous consent of the members of the council if they all are present.

The council, before preceding to business at such sitting, must set forth and declare in the minutes of the sitting that notice of meeting has been given in conformity with this Code, to all the members of the council who are not present at the opening of the sitting.

If it appears that the notice of meeting has not been served on all the absent members, the sitting must be immediately closed, under penalty of the nullity of all its proceedings.

M.C. 1916, a. 116; 1951-52, c. 61, s. 1.

154. Any ordinary or special sitting can be adjourned by the council to any other hour of the same day or to a subsequent day, without its being necessary to give notice of such adjournment to the members who were not present, save in the case mentioned in article 155.

M.C. 1916, a. 117.

155. Two members of the council, when there is no quorum present, may adjourn the sitting at the expiration of one hour from the time it is established that there is no quorum. The hour of the adjournment and the names of the members present must be entered in the minutes of the sitting.

In such case a special notice in writing of the adjournment is given by the secretary-treasurer to the members of the council who were not present at the time of adjournment. The service of such notice must be established at the resumption of the adjourned sitting, in the same manner as that of the notice convening a special sitting, and the absence of service of such notice renders null every proceeding adopted at such part of the adjourned sitting.

M.C. 1916, a. 118.

156. The notice of convocation of a special sitting of the council, as well as the notice of adjournment in the case mentioned in article 155, must be given to each member of the council at least 10 days before the date fixed for the sitting, or the resumption of the adjourned sitting, if it relates to the council of the regional county municipality, and at least two days before the day fixed, if it relates to the local council.

That notice shall be served or sent by registered or certified mail.

M.C. 1916, a. 119; 1945, c. 70, s. 2; 1975, c. 83, s. 84; 1979, c. 36, s. 9; 1996, c. 2, s. 259.

157. Notwithstanding the preceding articles, the failure to comply with the formalities prescribed for convening a sitting of the council cannot be invoked when all the members of the council present in the territory of the municipality have attended such sitting.

1954-55, c. 50, s. 4; 1996, c. 2, s. 456.

158. The sittings of the council are presided over by its head or by the acting mayor, or, in their absence, by one of its members chosen from among the councillors present.

M.C. 1916, a. 120; 1968, c. 86, s. 2.

159. The officer presiding over the sitting of the council maintains order and decorum and decides questions of order, saving appeal to the council.

He may order that any person disturbing a sitting of the council be removed from the place where the sitting is held.

M.C. 1916, a. 121; 1986, c. 95, s. 82; 1987, c. 57, s. 741.

160. Every disputed question is decided by a majority of the votes of the members present, excepting in cases where a provision of law requires a greater number of concordant votes.

However, a local municipality may, by by-law, specify the cases in which a disputed question must be decided by a majority greater than the majority required under the first paragraph.

M.C. 1916, a. 122; 1998, c. 31, s. 34.

161. The head of the council or any person presiding at a sitting of the council shall be entitled to vote but not obliged to do so; when a vote results in a tie, the decision shall be deemed to be in the negative.

However, the warden who has been replaced as representative of the municipality, in accordance with section 210.27 of the Act respecting municipal territorial organization (chapter O-9), only has the right to vote as provided for in section 197 of the Act respecting land use planning and development (chapter A-19.1).

M.C. 1916, a. 123; 1938, c. 103, s. 3; 1968, c. 86, s. 4; 1993, c. 65, s. 96.

162. (Repealed).

M.C. 1916, a. 124; 1987, c. 57, s. 742.

163. If the majority of the members of a local council have a personal interest in any question submitted to their decision, such question must be referred to the council of the regional county municipality, which, in respect of the consideration and decision of such question, possesses all the rights and privileges, and is subject to all the obligations of the local council.

M.C. 1916, a. 125; 1996, c. 2, s. 260.

164. Every member present at a meeting of the council is bound to vote, under penalty of a fine of $10, unless he is exempted or debarred therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E-2.2).

Every vote must be given by word of mouth, and, upon demand, the votes are entered in the minute book of the council.

M.C. 1916, a. 126; 1987, c. 57, s. 743.

TITLE V OFFICERS OF MUNICIPALITIES

1996, c. 2, s. 455.

CHAPTER I GENERAL PROVISIONS

165. In addition to the officers whom it is bound to appoint, the municipality may, to secure the execution of its ordinances and of the requirements of law, appoint all other officers, and dismiss and replace them.

The municipality may fix the salary of all its public servants and employees.

M.C. 1916, a. 132; 1996, c. 2, s. 455; 1996, c. 27, s. 53.

165.1. The council may, on the conditions it determines, delegate to any officer or employee of the municipality who is not an employee within the meaning of the Labour Code (chapter C-27) the power to hire officers and employees who are such employees.

The hiring requires, to be valid, a certificate issued by the secretary-treasurer indicating that there are sufficient funds available for that purpose. If the hiring extends beyond one fiscal year, a certificate must be issued for the portion of the expenditures to be made during the first fiscal year and thereafter at the beginning of each fiscal year during which the hiring is effective.

The list of the persons hired under the first paragraph shall be submitted at a council meeting held after they are hired.

1996, c. 27, s. 54; 1997, c. 93, s. 73.

166. If any municipal office becomes vacant, such vacancy must be filled by the council within the 30 days next following.

M.C. 1916, a. 134.

167. (Repealed).

M.C. 1916, a. 135; 1987, c. 57, s. 744; 1996, c. 2, s. 455; 1996, c. 27, s. 55.

168. No act, duty, writing or proceeding executed in his official capacity by a municipal officer who holds office illegally, can be set aside solely on the ground of his so holding such office illegally.

M.C. 1916, a. 136.

169. Any municipal officer appointed by the Minister of Municipal Affairs may be dismissed by the municipality whose officer he is, provided it be with the approval of the Minister of Municipal Affairs.

M.C. 1916, a. 137; 1977, c. 53, s. 14; 1996, c. 2, s. 455.

170. Every officer appointed to replace another, holds office only for the remainder of the term for which his predecessor was appointed.

M.C. 1916, a. 138.

171. Every officer who has ceased to discharge the duties of his office, is bound to deliver at the office of the municipality, within eight days next following, all the moneys, keys, books, papers, articles, insignia, documents and archives belonging to such office.

In the event of the death or absence from Québec of such officer, his representatives must make such delivery, within one month from such death or such absence.

M.C. 1916, a. 139; 1996, c. 2, s. 455.

172. The municipality is entitled, in addition to any other legal recourse whatsoever, to recover by seizure before judgment, from such officer or his representatives, all such moneys, keys, books, papers, articles, insignia, documents or archives, with damages, interest and costs.

The municipality may exercise the same rights and recourse against every person detaining the said effects and refusing to deliver them up.

M.C. 1916, a. 140 (part); 1965 (1st sess.), c. 80, a. 1; 1996, c. 2, s. 455.

173. Every person who refuses or neglects to obey any lawful order of any municipal officer, given under this Code or any municipal by-law incurs, for each offence, a fine of not less than $1 nor more than $5, saving cases otherwise provided for.

Every person who hinders or prevents or attempts to hinder or prevent such officer in the execution of his duties, incurs for each offence a fine of not less than $2 nor more than $10, and is further responsible for all damages caused by him, towards those who have sustained them.

M.C. 1916, a. 141.

174. Every municipal officer in whose hands any document whatsoever is deposited or filed, is bound, on demand, to give a receipt therefor, under penalty of the fine enacted by article 89.

Should the document deposited or filed form part of the archives of the municipality, it is the duty of the officer who received the same, to file it among the archives without delay, under the same penalty.

M.C. 1916, a. 142; 1996, c. 2, s. 455.

175. The municipality is responsible for the acts of its officers in the performance of the duties for which they are employed, as well as for damages resulting from their refusal to discharge or their negligence in discharging their duties, saving its recourse against such officers; the whole without prejudice to a recourse in damages against the officers by those who have suffered damages.

M.C. 1916, a. 143; 1996, c. 2, s. 455.

176. At the end of the fiscal year, the secretary-treasurer shall draw up the financial report for the past fiscal year, and attest that it is accurate.

The financial report shall be drawn up on the forms furnished by the Minister of Municipal Affairs. It includes the financial statements, a statement fixing the aggregate taxation rate of the municipality within the meaning of the regulations made under section 262 of the Act respecting municipal taxation (chapter F-2.1) and any other information required by the Minister.

M.C. 1916, a. 144; 1979, c. 67, s. 38; 1983, c. 57, s. 4; 1984, c. 38, s. 52; 1996, c. 2, s. 455.

176.1. The secretary-treasurer shall, at a sitting of the council, file the financial report and the auditor’s report transmitted under article 966.3.

At least five days before the sitting, the secretary-treasurer shall give public notice indicating that the reports are to be filed at that sitting.

1984, c. 38, s. 52.

176.2. After the filing contemplated in article 176.1 and not later than 15 April, the secretary-treasurer shall transmit the financial report and the auditor’s report to the Minister of Municipal Affairs.

If the financial report is not transmitted to the Minister within the prescribed time, the Minister may cause a report to be prepared, for any period and at the municipality’s expense, by an officer of the Ministère des Affaires municipales or by a person authorized to act as auditor for a municipality.

If the report contemplated in the second paragraph is prepared by a person other than an officer of the Ministère des Affaires municipales, the person’s fees are paid by the municipality unless the Minister decides to make the payment, in which case he may require reimbursement from the municipality.

1984, c. 38, s. 52; 1996, c. 2, s. 455.

176.3. The council may call upon the secretary-treasurer, at any time during the year, to produce a detailed account of the revenues and expenditures of the municipality.

1984, c. 38, s. 52; 1996, c. 2, s. 455.

176.4. Once every three months, including at the last regular sitting before the sitting at which the budget is adopted, the secretary-treasurer shall send to the council a statement of the revenues and expenditures of the municipality from the beginning of the fiscal year. He shall also transmit two comparative statements, one on the revenues that are receivable during the fiscal year and those provided for in the budget, and the other on the expenses made on the date of the statement and those provided for in the budget.

1984, c. 38, s. 52; 1996, c. 2, s. 455.

176.5. Every municipal officer must make a report in writing to the municipality or to any authorized person, in such manner as the council may determine, upon all matters connected with his duties, and render an account of the moneys collected by him and of those which he has paid or disbursed for the municipality and under its control, indicating the objects for which such moneys were so collected, paid or disbursed.

However, the report concerning the police department may contain no information which, in the opinion of the police chief, might disclose the content of a record concerning a police inquiry.

Every request of the council and every report or account contemplated in this article must be forwarded through the agency of the secretary-treasurer.

1984, c. 38, s. 52; 1996, c. 2, s. 455.

177. The municipality may bring an action to account against any employee responsible for moneys belonging to it, and he may, if sufficient cause exists, be condemned to render an account thereof, and to pay the sum which he is declared to owe, with interest and costs of suit, and, in addition, to pay any damages, if any be due.

M.C. 1916, a. 145 (part); 1965 (1st sess.), c. 80, a. 1; 1996, c. 2, s. 455.

178. The municipality may by by-law establish a tariff of fees payable to municipal officers for their services, whether by the persons who have applied for them or by those on whose account they are rendered, or by the municipality, in cases in which such fees have not been fixed by law.

M.C. 1916, a. 146; 1996, c. 2, s. 455; 1996, c. 27, s. 56.

Not in force

178.1. Every local municipality must contribute to the financing of at least one of the services established by the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM), or by any body constituted for that purpose and of which the Union or the Fédération is a founder, with a view to affording municipalities access to information and advice as regards labour relations and human resources management.

The contribution of a municipality shall be fixed according to the rules determined by the supplier of the service being financed by the municipality’s contribution.

The first and second paragraphs do not apply to Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent, Paroisse de Notre-Dame-des-Anges, Municipalité de Saint-Benoît-du-Lac or Paroisse de Saint-Louis-de-Gonzague-du-Cap-Tourmente.

2000, c. 54, s. 6.

CHAPTER II SECRETARY-TREASURERS

DIVISION I GENERAL PROVISIONS

179. Every municipality must have an officer entrusted with the care of its office and archives, and such officer is designated by the name of “secretary-treasurer”.

M.C. 1916, a. 147; 1988, c. 19, s. 250; 1996, c. 2, s. 455.

180. The secretary-treasurer may be dismissed at all times, even before the expiry of the term of his appointment.

In the case of a local municipality, the vote of the absolute majority of the members of the council is required to dismiss the secretary-treasurer, suspend him without pay or reduce his salary.

M.C. 1916, a. 148; 1930, c. 103, s. 5; 1933, c. 118, s. 1; 1980, c. 16, s. 44; 1983, c. 57, s. 5; 1998, c. 31, s. 35.

181. The resolution dismissing the secretary-treasurer, suspending him without pay or reducing his salary shall be served upon him by handing a copy thereof to him in person. A secretary-treasurer who has held office for a least 12 consecutive months may appeal from such a decision to the Commission municipale du Québec, which shall decide finally, after inquiry.

Such appeal shall be brought within 15 days after the time when the decision of the council of the municipality was served.

If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines to indemnify him for the expenses that he has incurred for such appeal. The order to such effect shall be homologated, upon motion by the appellant, by the court of competent civil jurisdiction. The appellant may thereafter execute the judgment against the municipality.

Where the conduct of the secretary-treasurer has been examined by the Commission in the course of an investigation contemplated in subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), the appeal shall be brought before a judge of the Court of Québec who shall decide finally. The appeal shall be brought by a motion served on the municipality and on the Commission and filed in the office of the Court of Québec in the judicial district in which the appellant is domiciled, within 15 days after the day on which the resolution is served. Upon service of the motion, the Commission shall transmit to the Court of Québec that part of its investigation report which deals with the conduct of the secretary-treasurer.

Any provision of a charter of a municipality that repeals, replaces or amends article 180 directly or indirectly, in whole or in part, or which enacts an article 181 shall not exclude the application of this article.

1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6; 1985, c. 27, s. 44; 1986, c. 32, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 455.

182. Articles 180 and 181 do not apply to a suspension without pay unless

(1)  the suspension is for more than 20 working days, or

(2)  the suspension, whatever its duration, occurs within the 12 months following the expiry of a suspension without pay for more than 20 working days.

1983, c. 57, s. 7.

183. The office of the secretary-treasurer is established in the place where the sittings of the council are held, or in any other place fixed, from time to time, by resolution of the council; provided the same be not in a hotel, inn, or place of public entertainment, in which alcoholic beverages are sold.

M.C. 1916, a. 149.

184. The assistant secretary-treasurer, if one is appointed by the council, may perform all the duties of the office of the secretary-treasurer, with the same rights, powers and privileges, including those conferred by article 181, and subject to the same obligations and penalties.

In case of a vacancy in the office of secretary-treasurer, the assistant secretary-treasurer must perform the duties of the office until the vacancy is filled.

The assistant secretary-treasurer appointed before 15 December 1977 remains governed by the provisions applicable to him before that date until he is appointed by the council in accordance with the first paragraph.

M.C. 1916, a. 150; 1977, c. 53, s. 15.

DIVISION II

Repealed, 1995, c. 34, s. 33.

1995, c. 34, s. 33.

185. (Repealed).

M.C. 1916, a. 151; 1995, c. 34, s. 33.

186. (Repealed).

M.C. 1916, a. 152; 1928, c. 94, s. 5; 1929, c. 88, s. 5; 1953-54, c. 46, s. 1; 1992, c. 57, s. 482; 1995, c. 34, s. 33.

187. (Repealed).

M.C. 1916, a. 153; 1995, c. 34, s. 33.

188. (Repealed).

M.C. 1916, a. 154; 1992, c. 57, s. 483; 1995, c. 34, s. 33.

189. (Repealed).

M.C. 1916, a. 155; 1928, c. 94, s. 6; 1995, c. 34, s. 33.

190. (Repealed).

1928, c. 94, s. 7; 1953-54, c. 46, s. 1; 1995, c. 34, s. 33.

191. (Repealed).

1928, c. 94, s. 7; 1995, c. 34, s. 33.

192. (Repealed).

1928, c. 94, s. 7; 1929, c. 88, s. 6; 1990, c. 4, s. 241; 1995, c. 34, s. 33.

193. (Repealed).

1928, c. 94, s. 7; 1929, c. 88, s. 7; 1952-53, c. 29, s. 20; 1965 (1st sess), c. 17, s. 2; 1988, c. 21, s. 83; 1990, c. 4, s. 242; 1992, c. 61, s. 184.

194. (Repealed).

M.C. 1916, a. 156; 1928, c. 94, s. 8; 1995, c. 34, s. 33.

195. (Repealed).

M.C. 1916, a. 157; 1995, c. 34, s. 33.

196. (Repealed).

M.C. 1916, a. 158; 1995, c. 34, s. 33.

197. (Repealed).

M.C. 1916, a. 159; 1995, c. 34, s. 33.

198. (Repealed).

M.C. 1916, a. 160; 1995, c. 34, s. 33.

DIVISION III DUTIES COMMON TO ALL SECRETARY-TREASURERS

199. The secretary-treasurer is the custodian of all the books, registers, plans, maps, archives and other documents and papers, which are either the property of the municipality or are deposited, filed and preserved in the office of the municipality. He cannot divest himself of the custody of such archives, except with the permission of the council, or under the authority of a court.

M.C. 1916, a. 161; 1996, c. 2, s. 455.

200. The secretary-treasurer must, before 1 November 1917, if it has not already been done, make and certify copies of all procès-verbaux or by-laws now in force, as well as amendments thereto, deposited in the archives of the municipality, relating to roads, bridges and watercourses, and of all deeds of agreement relating to watercourses so deposited; and whenever thereafter any such by-law, deed or agreement, procès-verbal or amendment thereto is deposited in the archives of the municipality, it shall be the duty of the secretary-treasurer to make and certify a copy thereof, as well as of all notices and other proceedings connected therewith.

Such copies, so certified by the secretary-treasurer, are deposited by him in the registry office of the registration division in which the territory of the municipality is situated; and copies of such copies, certified by the registrar, make proof as though the same had been copied from the originals.

The registrar must keep a register in which he shall mention each procès-verbal, deed of agreement or by-law, as well as every amendment thereto, the road, the bridge or the watercourse to which it relates, the date of the procès-verbal and of its homologation, or the date of the deed of agreement or the by-law, or of any amendment, and the date of its deposit.

The registrar is entitled to a fee of $0.25 for the entry in the register of each by-law, deed of agreement or procès-verbal, or of any amendment thereto.

M.C. 1916, a. 162; 1996, c. 2, s. 261.

201. The secretary-treasurer must attend every sitting of the council and draw up minutes of all the acts and proceedings thereof, in a register kept for that purpose, called: “The minute book of the council”.

All minutes of a sitting of the council must be signed by the person presiding over the council and countersigned by the secretary-treasurer, and be approved by the council at the same or at the following meeting, but the lack of such approval does not prevent the minute from making proof.

Whenever a by-law or a resolution is amended or repealed, mention must be made thereof in the margin of the minute book, opposite such by-law or resolution, together with the date of its amendment or repeal.

M.C. 1916, a. 163.

202. Copies and extracts, certified by the secretary-treasurer, from all books, registers, archives, documents and papers preserved in the office of the municipality, are evidence of their contents.

M.C. 1916, a. 164; 1996, c. 2, s. 455.

203. The secretary-treasurer shall collect all moneys payable to the municipality and, subject to all other legal provisions shall deposit the same in any legally constituted bank, savings and credit union or trust company which may be designated by the council, and allow them to remain there until they are employed for the purposes for which they were levied, or until disposed of by the council. He may also, with the prior authorization of the council, invest such moneys for short terms in such legally constituted bank, savings and credit union or trust company as may be designated by the council, or purchase securities issued or guaranteed by the Government of Canada, the Gouvernement du Québec or the government of another Canadian province or securities issued or guaranteed by a municipality or by a mandatary body of a municipality or supramunicipal body within the meaning of sections 18 and 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

The council may invest the moneys mentioned in the first paragraph in the purchase of shares in an unincorporated mutual fund which is managed by a financial institution, and all the shares of which are held by municipalities, by bodies referred to in section 18 of the Act respecting the Pension Plan of Elected Municipal Officers, by school boards or by two or more such entities. The investments made by such a fund must be limited to those set out in the first paragraph.

The Minister may, by regulation, determine other securities in which the council may invest, through the agency of the unincorporated mutual fund referred to in the second paragraph, the moneys mentioned in the first paragraph, or determine the forms of investment in which the council may invest the moneys through the agency of such a fund.

He also collects the school taxes under article 986.

All cheques issued and promissory notes or other securities executed by the municipality must be signed jointly by the mayor and the secretary-treasurer or, in case of the absence or inability to act of the mayor or of a vacancy in the office of mayor, by any member of the council previously authorized and by the secretary-treasurer.

M.C. 1916, a. 165; 1939, c. 98, s. 1; 1968, c. 86, s. 5; 1979, c. 36, s. 10; 1992, c. 27, s. 33; 1994, c. 33, s. 28; 1996, c. 2, s. 455; 1996, c. 77, s. 24; 1997, c. 41, s. 66; 1997, c. 93, s. 74.

204. Unless otherwise provided for in a by-law under article 960.1, the secretary-treasurer pays out of the funds of the municipality all sums of money due by it whenever, by resolution, he is authorized to do so by the council or, where such is the case, by a decision of the executive committee of a regional county municipality. If the sum to be paid does not exceed $25, the authorization of the head of the council is sufficient.

Even in the absence of authorization from the council or from its head, it is his duty to pay, out of the funds of the municipality, any draft or order drawn upon him, or any sum demanded, by any one empowered so to do by this Code, or by any municipal by-law.

No draft or order may, however, be legally paid unless the same shows sufficiently the use made or to be made of the sum therein mentioned.

M.C. 1916, a. 166; 1975, c. 82, s. 10; 1996, c. 2, s. 262; 1996, c. 27, s. 57.

205. No secretary-treasurer may, under penalty of a fine of $20 for each infraction:

(1)  give a discharge to a ratepayer or other person indebted to the municipality for municipal taxes or other debts, without having actually received, in cash or in legal equivalent, the amount mentioned in such discharge;

(2)  lend, directly or indirectly, by himself or by others, to any ratepayer or other person whomsoever, moneys received in payment of municipal taxes or belonging to the municipality.

M.C. 1916, a. 167; 1996, c. 2, s. 455.

206. The secretary-treasurer is bound to keep the books of account of the municipality in such a way as to:

(a)  agree with the nature of its operations;

(b)  ensure their accuracy;

(c)  facilitate their audit; and

(d)  supply the data required in the preparation of financial reports.

He must have vouchers for all his disbursements for the municipality, produce them for audit and inspection, and file them amongst the archives of the municipality.

Such books shall be kept in the form prescribed or approved of by the Minister of Municipal Affairs, or in accordance with such system or systems as may from time to time be established by the Government.

M.C. 1916, a. 168; 1917-18, c. 60, s. 17; 1996, c. 2, s. 455.

207. The secretary-treasurer is bound to keep a repertory in which he mentions, in a summary manner and in the order of their dates, all reports, procès-verbaux, deeds of agreement, acts of apportionment, valuation rolls, collection rolls, judgments, maps, plans, statements, notices, letters, papers and documents whatsoever, which are in his possession during his tenure of the office.

M.C. 1916, a. 169.

208. The secretary-treasurer’s books of account and the vouchers for his expenditures together with all the registers or documents forming part of archives of the municipality may be inspected during regular working hours, by any person applying to do so.

M.C. 1916, a. 170; 1917-18, c. 20, s. 22; 1979, c. 36, s. 11; 1987, c. 68, s. 40; 1996, c. 2, s. 455.

209. The person in charge of access to documents of the municipality shall issue to any person applying therefor, copies of or extracts from any book, roll, register or other document which forms part of the archives.

However, the person in charge of access to documents may, notwithstanding section 171 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), refuse for a reason provided for in sections 21 to 27 of that Act to give access to a document concerning a company of which the municipality is a shareholder and with which it has entered into an agreement relating to the exercise of any of its powers.

The secretary-treasurer shall send without delay by mail, to the principal place of business of any corporation, railway company or ratepayer whose place of business and domicile are outside the territory of the municipality, who shall have filed in the office of the municipality a general application to that effect, and shall have made such principal place of business known, a certified copy of every public notice, by-law, resolution or procès-verbal filed for homologation or homologated, which affects such corporation, company or ratepayer, as well as a certified extract from the valuation roll, including the valuation of the taxable property of such corporation, company or ratepayer, together with a bill of the costs exigible which the corporation, company or ratepayer is bound to pay immediately on receipt of such document.

Notwithstanding the second and third paragraphs of section 11 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) bound to furnish gratuitously any copy or extract required by the Lieutenant-Governor or by the municipality.

M.C. 1916, a. 171; 1929, c. 88, s. 8; 1968, c. 86, s. 6; 1975, c. 82, s. 11; 1987, c. 68, s. 41; 1995, c. 34, s. 34; 1996, c. 2, s. 263.

210. The secretary-treasurer is the chief officer of the municipality.

1983, c. 57, s. 8; 1996, c. 2, s. 455.

211. Under the authority of the council or of the executive committee, the secretary-treasurer is responsible for the administration of the municipality and for that purpose he shall plan, organize, direct and supervise the activities of the municipality.

1983, c. 57, s. 8; 1996, c. 2, s. 455.

212. In application of articles 210 and 211, the secretary-treasurer shall, in particular, perform the following duties:

(1)  he shall ensure communication between the council, the executive committee and other committees on the one hand, and the other officers and employees of the municipality on the other hand; for that purpose, the secretary-treasurer shall have access to all the documents of the municipality and may require any document or information from any officer or employee except where, in the opinion of the head of the police department, it would disclose the content of a record concerning a police investigation;

(2)  he shall assist the council, the executive committee or any other committee in the preparation of the budget and, where such is the case, the municipality’s program of capital expenditures and the plans, programs and projects intended for the orderly functioning of the municipality with the collaboration of the heads of departments and the other officers and employees of the municipality;

(3)  he shall examine the complaints and claims against the municipality;

(4)  he shall examine the draft by-laws of the municipality;

(5)  he shall attend the meetings of the council, the executive committee and the other committees;

(6)  he shall report to the council or to the executive committee on the carrying out of its decisions and, in particular, on the use of the funds for the purposes for which they were voted.

1983, c. 57, s. 8; 1996, c. 2, s. 455.

212.1. The council may, by by-law, add to the powers and obligations of the secretary-treasurer of the municipality the powers and obligations set out in the second and third paragraphs of section 113 of the Cities and Towns Act (chapter C-19), and those set out in paragraphs 2 and 5 to 8 of section 114.1 of that Act in place of the powers and obligations set out in paragraphs 2, 5 and 6 of article 212 of this Code.

In such a case, the secretary-treasurer shall also be the director general of the municipality.

In the case of a local municipality, the by-law must be adopted by an absolute majority.

1996, c. 77, s. 25; 1998, c. 31, s. 36.

DIVISION IV DUTIES SPECIALLY INCUMBENT UPON LOCAL SECRETARY-TREASURERS

213. The secretary-treasurer of every local municipality must keep a “register of roads, bridges and watercourses”, in which are entered at full length, in the order of their dates, certified by him to be correct, all procès-verbaux, acts of apportionment and by-laws in force, respecting work to be done on the roads, bridges and watercourses to be built and kept in repair in the territory of the municipality, under the control of the municipality.

M.C. 1916, a. 172; 1996, c. 2, s. 264.

214. The secretary-treasurer must note on the margin of every document so registered, any amendments which are subsequently made to such document, or its repeal in the event of its being repealed.

M.C. 1916, a. 173.

215. The secretary-treasurer must perform every duty required of him under the provisions of the law respecting the jury lists and the list of parliamentary electors; he must also perform every duty required of him by this Code respecting valuation rolls, collection rolls and other matters.

M.C. 1916, a. 174.

DIVISION V

Repealed, 1984, c. 38, s. 53.

1984, c. 38, s. 53.

216. (Repealed).

M.C. 1916, a. 175 (part); 1917-18, c. 20, s. 23; 1928, c. 94, s. 9; 1979, c. 72, s. 283; 1984, c. 38, s. 53.

217. (Repealed).

M.C. 1916, a. 176; 1917-18, c. 20, s. 24; 1928, c. 94, s. 10; 1984, c. 38, s. 53.

218. (Repealed).

M.C. 1916, a. 177; 1917-18, c. 20, s. 25; 1928, c. 94, s. 11; 1984, c. 38, s. 53.

CHAPTER III OFFICERS OF LOCAL MUNICIPALITIES

1996, c. 2, s. 455.

DIVISION I GENERAL PROVISIONS

219. Every local municipality in the month of March of every second year, must appoint:

(1)  a rural inspector for every rural division included in the territory of the municipality;

(2)  as many public pound-keepers as it deems necessary;

(3)  an inspector for each road division, or a municipal inspector, subject, however, to articles 221 to 223.

M.C. 1916, a. 178; 1979, c. 72, s. 270; 1996, c. 2, s. 265.

220. Subject to the Act respecting liquor permits (chapter P-9.1), any local municipality may, by resolution, designate one of its officers or employees to hold, for the benefit and advantage of the municipality, a permit for the sale of alcoholic beverages in any recreation centre or in any public place which it owns or leases.

1975, c. 82, s. 12; 1979, c. 71, s. 160; 1996, c. 2, s. 455.

221. Every local municipality may appoint an inspector of roads, sidewalks, bridges and watercourses for the territory of the municipality, and pay him as one of its employees.

Such officer remains in office during the pleasure of the council, and all work relating to roads, sidewalks, bridges or watercourses in the territory of the municipality must be done under his supervision.

Such officer is called a “municipal inspector” and has absolute control and supervision over all the other inspectors for road divisions; and any work of special or permanent character ordered by the municipality on any road, sidewalk, bridge or watercourse must be performed under the supervision and control of such officer.

M.C. 1916, a. 179; 1996, c. 2, s. 266.

222. If a local municipality does not appoint a municipal inspector, the powers conferred and the duties imposed upon the municipal inspector by the laws in force, are conferred or imposed, as the case may be, upon the inspector for each road division, within the boundaries of his division; and, in particular, articles 811 and following apply to each road inspector within the boundaries of his division, as if he was the municipal inspector.

M.C. 1916, a. 180; 1996, c. 2, s. 455.

223. A local municipality need not, however, appoint an inspector for each road division, but in that case it must, every two years, in the month of March, appoint a municipal inspector.

M.C. 1916, a. 181; 1996, c. 2, s. 455.

DIVISION II RURAL INSPECTORS

§ 1 . — General provisions

224. Rural inspectors are bound to do whatever is required of them under this Code, or any by-law respecting public nuisances, clearances, boundary ditches or boundary fences.

Where contiguous properties between which a line fence or ditch is to be made and maintained are situated in more than one local municipal territory, the rural inspectors of the municipalities concerned have concurrent jurisdiction.

M.C. 1916, a. 182; 1996, c. 2, s. 267.

225. Every rural inspector appointed for a rural division has jurisdiction over every person liable for the performance of any work under his superintendence, whether such person is domiciled within or without the boundaries of his division.

M.C. 1916, a. 183.

226. Whenever a rural inspector is for any reason whatever temporarily unable to act, the local council or the mayor must appoint another rural inspector of the municipality to replace him while so unable, by a written order which is served upon said inspector.

Such inspector is not thereby released from the superintendence of the division for which he had been in the first instance appointed.

M.C. 1916, a. 184.

227. Whenever a rural inspector is personally interested in any work or other matter within his jurisdiction, and neglects or refuses to execute or supply that which he is bound to execute or supply, as interested in such work or matter, the secretary-treasurer of the local municipality in whose territory such inspector has jurisdiction, possesses, in relation to such inspector, the same rights and powers, and is subject to the same obligations as the inspector himself, in relation to all persons interested in the same work or matter.

With respect to work to be performed in common, the inspector so interested is always in default to fulfil the obligations attached to such work.

M.C. 1916, a. 185; 1996, c. 2, s. 268.

228. Articles 819, 821, 822, 823 and 824 likewise apply, with the necessary modifications, to rural inspectors.

M.C. 1916, a. 186.

229. Articles 839, 840, 841, 842, 843 and 844, respecting the performance of work prescribed on municipal roads, sidewalks, bridges and watercourses, by the municipal inspector or by the council in the name of the municipality, upon the default of the persons liable for such work, and respecting the recovery of the value of such work, apply with similar effect to work prescribed under this Section, for the performance of such work by the rural inspector of the division or by the council on behalf of the municipality, upon the default of the persons liable, and to the recovery of the value of work performed by such inspector or council.

M.C. 1916, a. 187; 1996, c. 2, s. 455.

230. Whenever the services of a rural inspector are required in any locality situate partly within the boundaries of the jurisdiction of one rural inspector, and partly within the boundaries of the jurisdiction of another, one or other of such inspectors may be called upon to act.

M.C. 1916, a. 188.

231. Every rural inspector, when called upon to act, is entitled to $0.20 for every hour employed in visiting the locality, as well as in managing and superintending the work, if he does not perform it himself.

The council may however, by by-law, grant him a higher remuneration when it deems it expedient to do so.

He is also entitled to be repaid all necessary outlay and costs incurred by him for the performance of the work, and for notices or other written proceedings relating thereto.

Such outlay and costs are paid by the person whom the rural inspector finds in default. If no person is in default, they are paid by the party who applied for the services of the municipal officer. In case of common or joint works, they are paid by all the interested parties, if they are all in default.

In case of refusal or contestation they are recovered by an ordinary action.

M.C. 1916, a. 189; 1948, c. 49, s. 1.

232. The rural inspector, whose services have been called upon by the council, or for the benefit of the municipality, is entitled to the same fees from the latter.

M.C. 1916, a. 190; 1996, c. 2, s. 455.

233. Every special notice by a rural inspector may be given verbally or in writing; but every order of such inspector is given by a special written notice.

M.C. 1916, a. 191.

234. The rural inspector or any person interested may exact from any possessor, tenant or occupant of any land, in the same manner as from the owner of such land, the fulfilment of every obligation imposed upon such owner in regard to matters under the control of the inspector, saving the recourse of such possessor, tenant or occupant against the owner, if any there be.

M.C. 1916, a. 192.

§ 2 . — Nuisances on Private Properties, Creeks or Rivers

235. Whenever any filth or dead animal has been deposited upon any property whatever, or in a creek or river, it is the duty of the rural inspector of the division, within 24 hours after he has received a special notice either written or verbal so to do, to have such filth or dead animal removed by the person who deposited it.

If the person who deposited such filth or dead animal is unknown, it is the duty of the rural inspector, within the same delay, to have the same removed at the expense of the municipality.

M.C. 1916, a. 193; 1996, c. 2, s. 455.

236. Whoever deposits or causes to be deposited any filth or dead animal upon any of the localities mentioned in article 235, incurs, over and above any damages occasioned thereby, a fine of from $2 to $10.

M.C. 1916, a. 194.

§ 3 . — Clearances

237. The rural inspector, on application, either verbal or in writing, from an owner or occupant of cultivated land who applies to his neighbour for a clearance under article 531 of the Civil Code of Lower Canada, must proceed to the spot where such clearance is required, after giving a special notice in writing to the interested parties eight days beforehand.

After examining the premises, and on proof that such clearance is necessary and has been applied for by special notice in writing served before 1 December preceding he shall, by a written order, cause to be felled within the 30 following days, over an area 5 m wide on the whole dividing line along the cultivated land, all hurtful shrubs and all trees thereon throwing a shade on the cultivated land, save those excepted by law or kept to embellish the property.

M.C. 1916, a. 195; 1984, c. 47, s. 213.

238. Whoever refuses or neglects to obey the orders of the rural inspector with respect to the clearance, incurs, without prejudice to the execution of such orders, a fine of not more than $2 for each 60 m in length of such clearance, for the first year, and for every subsequent year a fine double that of the preceding year, over and above the damage occasioned to the cultivated land.

M.C. 1916, a. 196; 1984, c. 47, s. 213.

239. The damages resulting from the refusal or neglect to make the clearance as required by the rural inspector are established by three experts appointed as follows: one by each of the interested parties and the third by the two experts so appointed.

If one of the parties refuses to appoint an expert, the appointment is made by a justice of the peace, on the application of the other party.

M.C. 1916, a. 197.

§ 4 . — Boundary Ditches

240. The rural inspector, upon the written or verbal application of any owner or occupant who applies for a boundary ditch between his land and that of his neighbour, must visit the locality, where, after an examination of the place, and hearing of the interested parties, who must have received three days’ special notice thereof, he orders the performance of any work which he deems necessary, and determines how and by whom it must be performed.

The decision of the rural inspector must be in writing, the original whereof is deposited in the archives of the municipality, and any interested party may obtain a copy thereof certified by the inspector.

M.C. 1916, a. 198; 1996, c. 2, s. 455.

241. The rural inspector, on the written or verbal application of one of the neighbours who complains of the insufficiency or bad condition of the common or joint boundary ditch, or of the part thereof for which his neighbour is liable, must, if it is necessary, order the person in default to deepen, cleanse and repair such ditch or part of a ditch, or to do his share of such work within a fixed delay. Such delay must not exceed the time absolutely necessary to perform such work.

In case the work be not performed within such delay, the inspector may authorize the complainant to do the work himself, the cost thereof to be recovered by an ordinary action.

M.C. 1916, a. 199.

242. He may, at the same time, order the party complaining to deepen, cleanse or repair that part of the boundary ditch for which he is liable, within the same delay, if he finds such part insufficient or in bad condition.

M.C. 1916, a. 200.

243. Whoever obstructs or allows any boundary ditch to be obstructed in any manner whatsoever, is liable to a fine not exceeding $1 for every day such ditch is so obstructed.

M.C. 1916, a. 201.

§ 5 . — Boundary Fences

244. The rural inspector of the division, on the written or verbal application of any owner or occupant who applies for the construction or repair, or any work necessary for the preservation, of any boundary fence between his land and that of his neighbour under article 505 of the Civil Code of Lower Canada, must visit the boundary in question, where, after having heard the interested parties, duly notified thereof by a special notice of three days, and examined the works required, he orders any party in default, whether complainant or not, to construct or repair his boundary fence, so that it be good and firm, within the delay determined by such inspector. Such delay must be as short as possible.

Such decision must be in writing, the original whereof is deposited in the archives of the municipality, and any interested party may obtain a copy thereof certified by the inspector.

Whenever the boundary fence, the construction, repair or preservation whereof is applied for, separates lands subject to rights exercised in common by several persons, and generally known under the name of “Cove” (“Anse”) or that of “Common” (“Commune”), from the bordering and abutting lands, or from the abutting lands only, the rural inspector, after visiting the place and hearing the interested parties, may order, by the decision to be rendered by him, that the work applied for under the first paragraph shall be publicly given out to the lowest tenderer, after public notice, and he may apportion the cost of such work among the interested parties in proportion to the share for which each is responsible.

M.C. 1916, a. 202; 1927, c. 75, s. 1; 1996, c. 2, s. 455.

245. In the event of the work not being executed within such delay, the rural inspector may authorize either the complainant himself or any other person to perform the work, or to have it performed, and the cost thereof is assimilated to municipal taxes, and may be recovered by an ordinary action.

M.C. 1916, a. 203.

246. Whenever the waters of a river, serving as a division between two or more properties, become sufficiently low during the summer season to allow of animals crossing such river, the local municipality may, on application to that effect, pass a by-law ordering the erection of a temporary fence there as elsewhere.

M.C. 1916, a. 204; 1996, c. 2, s. 269.

247. The rural inspector cannot order the making of a new fence, or the repairing of an old one which is so dilapidated that the cost of repairing it would be equal to that of a new one, unless the party bound to do such work has received special notice in writing to that effect.

M.C. 1916, a. 205; 1979, c. 36, s. 12; 1996, c. 2, s. 270.

§ 6 . — Enforcement of the Orders of Rural Inspectors

248. Whoever refuses or neglects to comply with the orders of a rural inspector, given under subsections 4 and 5, incurs, over and above the damages resulting from the absence or insufficiency of the boundary fences or boundary ditches, and without prejudice to the execution of such orders, a fine of not more than $1 for each length of 60 m of boundary fence or boundary ditch which he has to make, every fraction of a length of 60 m.

M.C. 1916, a. 206; 1984, c. 47, s. 213.

DIVISION III POUND-KEEPERS

249. Pound-keepers are bound to receive and retain in safe-keeping animals found straying on any beach, flat, road, public place, or on any land other than that of their owners, and impounded by the rural inspector or by any other person who finds them, until such animals are claimed by their owners or sold at auction, under this Section.

M.C. 1916, a. 207.

250. Pound-keepers are bound to provide animals impounded under their charge, with proper food in sufficient quantities, and to take proper care of them.

M.C. 1916, a. 208; 1990, c. 4, s. 243.

251. Whenever any animal is impounded, it is the duty of the pound-keeper, under penalty of a fine of not less than $2 nor more than $10 for each failure on his part, to give without delay special notice, either written or verbal, to the owner of the animal impounded, if he is known and domiciled in the territory of the municipality.

M.C. 1916, a. 209; 1996, c. 2, s. 456.

252. If the animal is not claimed within 24 hours following such special notice, or if the owner thereof is unknown or does not reside in the territory of the municipality, the pound-keeper must, under the same penalty, give public notice, in which is set forth the species and color of the animal, the place where it was found straying, and the name of the place where it is impounded; and he must further announce its sale by auction on a day fixed, unless such animal is reclaimed by its owner upon payment of all expenses, fines, fees and costs incurred, as well as such damages as may be agreed upon, or as are determined according to article 262.

M.C. 1916, a. 210; 1996, c. 2, s. 456.

253. The owner of any animal impounded may demand its delivery, between the hours of 7 o’clock in the morning and 7 o’clock in the evening of any day, upon payment or legal tender to the pound-keeper of the expenses, fines, fees, and costs incurred with regard to such animal, and such damages as may be agreed upon, or as are determined according to article 262.

If the pound-keeper refuses or neglects to deliver the animal kept in pound, after such payment or tender has been made, he incurs a fine of $2 for every day he thereafter detains such animal, in addition to the damages occasioned by such refusal.

M.C. 1916, a. 211.

254. If, on the day fixed for the sale, the animal impounded has not been claimed, and if the damages agreed upon or determined, together with the fines, fees, expenses and costs incurred, have not been paid, such animal must be publicly sold by the pound-keeper to the highest and last bidder.

M.C. 1916, a. 212.

255. If, on the day fixed for the sale, there are no bidders, the sale is adjourned to another day, and public notice thereof is given without delay.

M.C. 1916, a. 213.

256. The price of adjudication must be paid on the spot, and before delivery, in default whereof the animal is again put up for sale.

M.C. 1916, a. 214.

257. The proceeds of the sale are employed in paying what is due in consequence of the impounding of the animal; the balance is placed without delay in the hands of the secretary-treasurer of the local municipality, and, if it is not claimed within three years by the owner of the animal sold, it belongs to the municipality.

M.C. 1916, a. 215; 1996, c. 2, s. 271.

258. If the sale has not realized a sufficient sum, the owner of the animal is obliged to make up the balance.

M.C. 1916, a. 216.

259. If the owner of any animal so sold does not reside in the territory of the municipality, or if his place of business is not situated therein, he may reclaim his animal from the purchaser, within one month from the day of sale, by paying him 10 % on the purchase money, over and above all disbursements for purchase, keep and other charges.

M.C. 1916, a. 217; 1996, c. 2, s. 456.

260. Whoever takes and conveys away any animal impounded, without permission from the pound-keeper, incurs a fine exceeding, by $2, the sum claimed on account of such animal.

M.C. 1916, a. 218; 1990, c. 4, s. 244.

261. The fines imposed on the owners of animals found straying are, for the first offence, as follows:

For each stallion not under one year .......... $ 6.00 
For each bull, boar or ram ....................   2.00 
For each gelding, colt, filly, mare, ox,
  cow, calf, heifer or ringed hog .............   0.25 
For each goat or unringed hog .................   1.00 
For each sheep ................................   0.10 
For each goose, duck, turkey or other fowl ....   0.05 

For each subsequent offence, the fine is double that imposed in the first instance.

M.C. 1916, a. 219.

262. In case of contestation, the damages occasioned by animals found straying are ascertained and determined by three experts appointed as follows: one by the complainant, one by the owner of the animal, and the other by the two experts already appointed.

If the complainant or the owner of the animal is not present, his expert is appointed by the pound-keeper. If one of the parties, or in his absence, the pound-keeper, refuses to appoint his expert, the appointment is made by a justice of the peace.

Such experts must be appointed summarily and without delay, upon application of the owner of the animal or of the complainant.

The experts at once proceed to visit the premises and to give their award, which is final.

The amount of damages determined by them is recoverable, in case of refusal to pay the same, by an ordinary action.

M.C. 1916, a. 220.

263. No one is entitled to compensation for damages caused him upon his land by stray animals, if such damages are occasioned by the absence of or by any defect in his boundary fences.

M.C. 1916, a. 221.

264. It is not necessary that the animals found straying be impounded, to give rise to a right of action against the persons permitting such animals to stray, for the damages occasioned.

M.C. 1916, a. 222; 1992, c. 61, s. 185.

265. The owner, occupant or tenant of any land is answerable for any animal he receives to pasture thereon, as if such animal were his own property.

M.C. 1916, a. 223.

266. Persons in possession of animals found straying or impounded, have the same rights and privileges, and are subject to the same obligations and to the same penalties, as the owners of such animals.

M.C. 1916, a. 224; 1992, c. 61, s. 186.

267. Any owner, occupant or tenant of any land, or any member of his family, may take and impound on his own premises any animal found straying in the territory of the municipality, on any beach, flat, road, public place, or upon any land whatsoever. Such persons are then vested with the same powers, and subject to the same formalities, obligations and penalties as pound-keepers.

In cases which come under this article, the animal so impounded cannot be sold except by the pound-keeper of the rural division, if there is one, or if there is no pound-keeper, or if he neglects to do so, then by the rural inspector of the division.

M.C. 1916, a. 225; 1992, c. 61, s. 187; 1996, c. 2, s. 456.

CHAPTER IV EMPLOYEES RESPONSIBLE FOR THE ISSUANCE OF CERTAIN PERMITS OR CERTIFICATES

1995, c. 34, s. 35.

267.0.1. Articles 180 to 182 apply to every municipal officer who has been in the employ of the municipality for at least 12 months, who is not an employee represented by a certified association within the meaning of the Labour Code (chapter C-27) and who is either referred to in paragraph 7 of section 119 of the Act respecting land use planning and development (chapter A-19.1) or responsible for the issuance of a permit required under section 4 of the Regulation respecting waste water disposal systems for isolated dwellings (R.R.Q., 1981, c. Q-2, r. 8).

1995, c. 34, s. 35.

TITLE V.1 PERSON IN CHARGE OF ACCESS TO DOCUMENTS OF THE MUNICIPALITY

1987, c. 68, s. 42; 1996, c. 2, s. 455.

267.1. Copies and extracts from documents of the municipality certified true by the person in charge of access to documents of the municipality are proof of their contents.

1987, c. 68, s. 42; 1996, c. 2, s. 455.

TITLE VI PERSONS DISQUALIFIED FROM MUNICIPAL OFFICE

1987, c. 57, s. 745.

268. (Repealed).

M.C. 1916, a. 226; 1941, c. 69, s. 5; 1968, c. 86, s. 7; 1969, c. 82, s. 4; 1975, c. 82, s. 13; 1982, c. 2, s. 9; 1987, c. 57, s. 746.

269. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:

(1)  members of the Privy Council;

(2)  judges receiving emoluments from the Government of Canada or the Gouvernement du Québec or from the municipality;

(3)  the Minister of Municipal Affairs and the members of the Commission municipale du Québec and the Société d’habitation du Québec;

(4)  any person who has, directly or indirectly, by himself or his partner, any contract with the municipality, other than his contract as an officer or employee.

The word “contract”, as used in this paragraph, does not include a lease or the sale or purchase of land, or any agreement with regard to any of such contracts;

(5)  any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.

Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;

(6)  any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 20 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 20 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;

(7)  any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

Disqualification from municipal office or employment under subparagraph 5 or 6 of the first paragraph shall be incurred only if the offence is in connection with such office or employment.

M.C. 1916, a. 227; 1919, c. 83, s. 1; 1919-20, c. 82, s. 1; 1921, c. 105, s. 1; 1925, c. 84, s. 2; 1928, c. 94, s. 12; 1933, c. 119, s. 1; 1934, c. 82, s. 1; 1934, c. 83, s. 1; 1938, c. 103, s. 4; 1941, c. 69, s. 6; 1949, c. 71, s. 2; 1952-53, c. 23, s. 1; 1952-53, c. 29, s. 20; 1963 (1st sess.), c. 65, s. 2; 1968, c. 86, s. 8; 1977, c. 5, s. 14; 1979, c. 36, s. 13; 1986, c. 95, s. 83; 1987, c. 57, s. 747; 1996, c. 2, s. 455.

270. (Repealed).

M.C. 1916, a. 229; 1968, c. 86, s. 11; 1987, c. 57, s. 748.

TITLE VII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

271. (Repealed).

M.C. 1916, a. 237; 1934, c. 83, s. 2; 1968, c. 86, s. 15; 1969, c. 82, s. 5; 1987, c. 57, s. 749.

272. (Repealed).

M.C. 1916, a. 239; 1987, c. 57, s. 749.

273. (Repealed).

M.C. 1916, a. 240; 1968, c. 86, s. 17; 1987, c. 57, s. 749.

TITLE VIII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

274. (Repealed).

M.C. 1916, a. 243; 1929, c. 89, s. 1; 1934, c. 84, s. 1; 1941, c. 69, s. 8; 1942, c. 69, s. 2; 1949, c. 71, s. 4; 1968, c. 86, s. 19; 1969, c. 82, s. 6; 1980, c. 16, s. 45; 1987, c. 57, s. 749.

275. (Repealed).

M.C. 1916, a. 244; 1924, c. 84, s. 1; 1928, c. 94, s. 13; 1930, c. 103, s. 6; 1941, c. 69, s. 9; 1944, c. 46, s. 1; 1949, c. 71, s. 5; 1968, c. 86, s. 20; 1969, c. 82, s. 7; 1980, c. 16, s. 46; 1987, c. 57, s. 749.

276. (Repealed).

1933, c. 120, s. 1; 1950, c. 74, s. 4; 1968, c. 86, s. 21; 1969, c. 82, s. 8; 1980, c. 16, s. 47; 1982, c. 2, s. 10; 1987, c. 57, s. 749.

277. (Repealed).

1980, c. 16, s. 48; 1987, c. 57, s. 749.

278. (Repealed).

1980, c. 16, s. 48; 1987, c. 57, s. 749.

TITLE IX

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

CHAPTER I

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

279. (Repealed).

M.C. 1916, a. 245; 1929, c. 88, s. 11; 1945, c. 70, s. 3; 1949, c. 71, s. 6; 1968, c. 86, s. 22; 1987, c. 57, s. 749.

280. (Repealed).

M.C. 1916, a. 246; 1917-18, c. 20, s. 26; 1919-20, c. 67, s. 4; 1987, c. 57, s. 749.

281. (Repealed).

M.C. 1916, a. 247; 1987, c. 57, s. 749.

282. (Repealed).

1979, c. 72, s. 271; 1987, c. 57, s. 749.

283. (Repealed).

M.C. 1916, a. 248; 1977, c. 53, s. 18; 1982, c. 63, s. 16; 1987, c. 57, s. 749.

284. (Repealed).

M.C. 1916, a. 249; 1917-18, c. 20, s. 27; 1951-52, c. 61, s. 2; 1977, c. 53, s. 19; 1982, c. 63, s. 17; 1987, c. 57, s. 749.

CHAPTER II

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

285. (Repealed).

1954-55, c. 50, s. 5; 1955-56, c. 42, s. 3; 1977, c. 53, s. 20; 1987, c. 57, s. 749.

286. (Repealed).

1954-55, c. 50, s. 5; 1987, c. 57, s. 749.

287. (Repealed).

1954-55, c. 50, s. 5; 1987, c. 57, s. 749.

288. (Repealed).

1954-55, c. 50, s. 5; 1987, c. 57, s. 749.

CHAPTER III

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

289. (Repealed).

1975, c. 82, s. 14; 1977, c. 53, s. 21; 1987, c. 57, s. 749.

290. (Repealed).

1975, c. 82, s. 14; 1987, c. 57, s. 749.

CHAPTER IV

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

291. (Repealed).

1980, c. 16, s. 49; 1987, c. 57, s. 749.

292. (Repealed).

1980, c. 16, s. 49; 1987, c. 57, s. 749.

293. (Repealed).

1980, c. 16, s. 49; 1987, c. 57, s. 749.

294. (Repealed).

1980, c. 16, s. 49; 1987, c. 57, s. 749.

CHAPTER V

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

295. (Repealed).

M.C. 1916, a. 250; 1917-18, c. 20, s. 28; 1935, c. 108, s. 2; 1987, c. 57, s. 749.

296. (Repealed).

1983, c. 57, s. 9; 1987, c. 57, s. 749.

297. (Repealed).

M.C. 1916, a. 251; 1987, c. 57, s. 749.

298. (Repealed).

M.C. 1916, a. 252; 1987, c. 57, s. 749.

299. (Repealed).

M.C. 1916, a. 253; 1987, c. 57, s. 749.

300. (Repealed).

M.C. 1916, a. 254; 1987, c. 57, s. 749.

301. (Repealed).

M.C. 1916, a. 255; 1917-18, c. 20, s. 29; 1987, c. 57, s. 749.

302. (Repealed).

M.C. 1916, a. 256; 1975, c. 82, s. 15; 1980, c. 16, s. 50; 1987, c. 57, s. 749.

CHAPTER VI

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

303. (Repealed).

M.C. 1916, a. 257; 1926, c. 68, s. 2; 1927, c. 74, s. 4; 1934, c. 83, s. 4; 1968, c. 86, s. 25; 1979, c. 72, s. 272; 1980, c. 16, s. 51; 1982, c. 31, s. 119; 1987, c. 57, s. 749.

CHAPTER VII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

304. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

305. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

306. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

307. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

308. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

309. (Repealed).

1979, c. 72, s. 273; 1982, c. 2, s. 11; 1987, c. 57, s. 749.

310. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

311. (Repealed).

1979, c. 72, s. 273; 1987, c. 57, s. 749.

312. (Repealed).

1979, c. 72, s. 273; 1980, c. 16, s. 52; 1982, c. 2, s. 12; 1987, c. 57, s. 749.

CHAPTER VIII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

313. (Repealed).

M.C. 1916, a. 258; 1926, c. 68, s. 3; 1934, c. 83, s. 5; 1968, c. 86, s. 26; 1982, c. 63, s. 18; 1987, c. 57, s. 749.

314. (Repealed).

M.C. 1916, a. 259; 1922 (1st sess.), c. 100, s. 2; 1948, c. 49, s. 2; 1977, c. 53, s. 22; 1980, c. 16, s. 53; 1982, c. 31, s. 120; 1987, c. 57, s. 749.

315. (Repealed).

M.C. 1916, a. 260; 1954-55, c. 50, s. 6; 1987, c. 57, s. 749.

316. (Repealed).

M.C. 1916, a. 261; 1980, c. 16, s. 54; 1987, c. 57, s. 749.

317. (Repealed).

M.C. 1916, a. 262; 1987, c. 57, s. 749.

318. (Repealed).

M.C. 1916, a. 263; 1980, c. 16, s. 55; 1987, c. 57, s. 749.

319. (Repealed).

M.C. 1916, a. 264; 1979, c. 72, s. 274; 1980, c. 16, s. 56; 1987, c. 57, s. 749.

320. (Repealed).

M.C. 1916, a. 265; 1987, c. 57, s. 749.

CHAPTER IX

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

321. (Repealed).

M.C. 1916, a. 266; 1927, c. 74, s. 5; 1929, c. 88, s. 12; 1931-32, c. 103, s. 1; 1975, c. 82, s. 16; 1980, c. 16, s. 57; 1987, c. 57, s. 749.

322. (Repealed).

1929, c. 88, s. 13; 1987, c. 57, s. 749.

323. (Repealed).

M.C. 1916, a. 267; 1987, c. 57, s. 749.

324. (Repealed).

M.C. 1916, a. 268; 1987, c. 57, s. 749.

325. (Repealed).

M.C. 1916, a. 269; 1987, c. 57, s. 749.

326. (Repealed).

M.C. 1916, a. 270; 1987, c. 57, s. 749.

327. (Repealed).

M.C. 1916, a. 271; 1987, c. 57, s. 749.

328. (Repealed).

M.C. 1916, a. 272; 1987, c. 57, s. 749.

329. (Repealed).

M.C. 1916, a. 273; 1987, c. 57, s. 749.

330. (Repealed).

M.C. 1916, a. 274; 1930, c. 103, s. 7; 1980, c. 16, s. 58; 1987, c. 57, s. 749.

331. (Repealed).

M.C. 1916, a. 275; 1950, c. 74, s. 5; 1982, c. 2, s. 13; 1987, c. 57, s. 749.

332. (Repealed).

M.C. 1916, a. 276; 1987, c. 57, s. 749.

333. (Repealed).

M.C. 1916, a. 277; 1987, c. 57, s. 749.

334. (Repealed).

M.C. 1916, a. 278; 1987, c. 57, s. 749.

335. (Repealed).

M.C. 1916, a. 279; 1987, c. 57, s. 749.

336. (Repealed).

M.C. 1916, a. 280; 1987, c. 57, s. 749.

337. (Repealed).

M.C. 1916, a. 281; 1987, c. 57, s. 749.

338. (Repealed).

M.C. 1916, a. 282; 1983, c. 57, s. 10; 1987, c. 57, s. 749.

339. (Repealed).

M.C. 1916, a. 283; 1980, c. 16, s. 59; 1987, c. 57, s. 749.

CHAPTER X

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

340. (Repealed).

M.C. 1916 a. 284; 1987, c. 57, s. 749.

341. (Repealed).

M.C. 1916, a. 285; 1969, c. 21, s. 35; 1987, c. 57, s. 749.

CHAPTER XI

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

342. (Repealed).

M.C. 1916, a. 287; 1917-18, c. 20, s. 30; 1987, c. 57, s. 749.

343. (Repealed).

M.C. 1916, a. 288; 1917-18, c. 20, s. 31; 1987, c. 57, s. 749.

344. (Repealed).

M.C. 1916, a. 289; 1987, c. 57, s. 749.

CHAPTER XII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

DIVISION I

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

345. (Repealed).

M.C. 1916, a. 291; 1968, c. 86, s. 27; 1987, c. 57, s. 749.

346. (Repealed).

M.C. 1916, a. 292; 1979, c. 56, s. 256; 1984, c. 51, s. 529; 1987, c. 57, s. 749.

347. (Repealed).

M.C. 1916, a. 293; 1930-31, c. 114, s. 2; 1982, c. 31, s. 122; 1987, c. 57, s. 749.

348. (Repealed).

M.C. 1916, a. 294; 1987, c. 57, s. 749.

349. (Repealed).

M.C. 1916, a. 295; 1930, c. 103, s. 8; 1953-54, c. 31, s. 1; 1987, c. 57, s. 749.

350. (Repealed).

M.C. 1916, a. 296; 1982, c. 31, s. 123; 1987, c. 57, s. 749.

351. (Repealed).

M.C. 1916, a. 297; 1987, c. 57, s. 749.

352. (Repealed).

M.C. 1916, a. 298; 1987, c. 57, s. 749.

353. (Repealed).

M.C. 1916, a. 299; 1987, c. 57, s. 749.

354. (Repealed).

M.C. 1916, a. 300; 1987, c. 57, s. 749.

355. (Repealed).

M.C. 1916, a. 301; 1987, c. 57, s. 749.

DIVISION II

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

356. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

357. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

358. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

359. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

360. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

361. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

362. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

363. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

364. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

365. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

366. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

367. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

DIVISION III

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

368. (Repealed).

M.C. 1916, a. 302; 1982, c. 31, s. 125; 1987, c. 57, s. 749.

369. (Repealed).

M.C. 1916, a. 303; 1987, c. 57, s. 749.

370. (Repealed).

M.C. 1916, a. 304; 1982, c. 31, s. 126; 1987, c. 57, s. 749.

371. (Repealed).

M.C. 1916, a. 305; 1987, c. 57, s. 749.

372. (Repealed).

M.C. 1916, a. 306; 1982, c. 31, s. 127; 1987, c. 57, s. 749.

373. (Repealed).

1982, c. 31, s. 127; 1987, c. 57, s. 749.

374. (Repealed).

M.C. 1916, a. 307; 1987, c. 57, s. 749.

375. (Repealed).

M.C. 1916, a. 308; 1982, c. 31, s. 128; 1987, c. 57, s. 749.

376. (Repealed).

1982, c. 31, s. 129; 1987, c. 57, s. 749.

377. (Repealed).

1982, c. 31, s. 129; 1987, c. 57, s. 749.

DIVISION IV

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

378. (Repealed).

M.C. 1916, a. 309; 1987, c. 57, s. 749.

379. (Repealed).

1979, c. 36, s. 15; 1987, c. 57, s. 749.

DIVISION V

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

380. (Repealed).

M.C. 1916, a. 310; 1927, c. 74, s. 6; 1954-55, c. 50, s. 7; 1982, c. 31, s. 131; 1987, c. 57, s. 749.

381. (Repealed).

M.C. 1916, a. 311; 1987, c. 57, s. 749.

382. (Repealed).

M.C. 1916, a. 312; 1954-55, c. 50, s. 8; 1987, c. 57, s. 749.

383. (Repealed).

1954-55, c. 50, s. 9; 1980, c. 16, s. 60; 1987, c. 57, s. 749.

384. (Repealed).

1954-55, c. 50, s. 9; 1987, c. 57, s. 749.

385. (Repealed).

M.C. 1916, a. 313; 1987, c. 57, s. 749.

CHAPTER XIII

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

386. (Repealed).

1927, c. 74, s. 7; 1975, c. 82, s. 17; 1980, c. 16, s. 61; 1987, c. 57, s. 749.

CHAPTER XIV

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

387. (Repealed).

1954-55, c. 50, s. 10; 1983, c. 57, s. 11; 1987, c. 57, s. 749.

388. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

389. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

390. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

391. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

392. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

393. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

394. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

395. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

396. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

397. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

398. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

399. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

400. (Repealed).

1954-55, c. 50, s. 10; 1983, c. 57, s. 12; 1987, c. 57, s. 749.

401. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

402. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

403. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

TITLE X

Repealed, 1987, c. 57, s. 749.

1987, c. 57, s. 749.

404. (Repealed).

M.C. 1916, a. 314; 1987, c. 57, s. 749.

405. (Repealed).

M.C. 1916, a. 315; 1924, c. 83, s. 2; 1949, c. 59, s. 61; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

406. (Repealed).

M.C. 1916, a. 316; 1987, c. 57, s. 749.

407. (Repealed).

M.C. 1916, a. 317; 1965 (1st sess.), c. 80, a. 1; 1987, c. 57, s. 749.

408. (Repealed).

M.C. 1916, a. 318; 1925, c. 84, s. 3; 1933, c. 118, s. 2; 1982, c. 63, s. 19; 1987, c. 57, s. 749.

409. (Repealed).

M.C. 1916, a. 319; 1941, c. 69, s. 11; 1982, c. 63, s. 20; 1987, c. 57, s. 749.

TITLE XI APPOINTMENTS BY THE MINISTER OF MUNICIPAL AFFAIRS

410. Appointments to municipal offices are made by the Minister of Municipal Affairs, with the same effect as though made by the council, whenever a council has allowed the prescribed delays to expire without making the appointment of an officer which it is bound to make under this Code or any by-law, with the exception, however, of that of the secretary-treasurer.

M.C. 1916, a. 320; 1919-20, c. 67, s. 5; 1921, c. 48, s. 23; 1922 (2nd sess.), c. 85, s. 1; 1934, c. 83, s. 7; 1947, c. 77, s. 2; 1968, c. 86, s. 28; 1977, c. 53, s. 24.

411. A municipal council which has neglected to appoint an officer of the municipality within the prescribed delay may do so afterwards.

M.C. 1916, a. 321; 1930, c. 103, s. 9; 1952-53, c. 23, s. 3; 1953-54, c. 31, s. 2; 1968, c. 86, s. 29; 1996, c. 2, s. 455.

412. In the cases mentioned in this Title, it is the duty of the secretary-treasurer or, in his default, of the head of the council to thereof inform, by letter, without delay, the Minister of Municipal Affairs.

Any ratepayer of the municipality may give him such information.

M.C. 1916, a. 326; 1917-18, c. 20, s. 32; 1947, c. 77, s. 6.

413. Every appointment made by the Minister of Municipal Affairs must be made known by letter from the Minister of Municipal Affairs to the secretary-treasurer of the municipality, or to any of the members of the council whose appointment is announced by such letter.

The person receiving such letter must, without delay, give a notice of his appointment to each of the persons so appointed.

M.C. 1916, a. 328; 1917-18, c. 20, s. 33; 1947, c. 77, s. 8; 1977, c. 53, s. 26.

414. (Repealed).

M.C. 1916, a. 329; 1977, c. 53, s. 27; 1987, c. 57, s. 750.

TITLE XII MUNICIPAL NOTICES

CHAPTER I GENERAL PROVISIONS

415. Every notice under this Code, or under any order of a council, or for any municipal purpose, must be given, published and served in accordance with the formalities prescribed in this Title.

M.C. 1916, a. 330.

416. Every notice so given is either special or public.

M.C. 1916, a. 331.

417. Every notice in writing must contain:

(1)  the name of the municipality, when such notice is given by an officer or by the head of such municipality;

(2)  the name, official capacity and signature of the person who gives it;

(3)  a sufficient description of those to whom it is addressed;

(4)  the place where and the time when it is made;

(5)  the object for which it is given;

(6)  the place, day and hour at which those summoned to answer such notice must do so.

M.C. 1916, a. 332; 1996, c. 2, s. 455.

418. Every copy of a notice in writing which must be served, published, posted up or read is attested either by the person who gives such notice, or by the secretary-treasurer of the municipality under whose control such person acts.

The copy may also be attested by the person in charge of access to documents of the municipality.

M.C. 1916, a. 333; 1987, c. 68, s. 43; 1996, c. 2, s. 455.

419. The original of every notice in writing must be accompanied by a certificate of publication or of service.

The original of such notice and the certificate which accompanies it must be filed by the person who has given it, in the office of the municipality, to form part of the archives thereof.

M.C. 1916, a. 334; 1996, c. 2, s. 455.

420. The certificate must set forth:

(1)  the name, residence, official capacity and signature of the person who has given it;

(2)  a summary statement of the manner in which the notice was published or served;

(3)  the place, day and hour of publication or of service.

The truth of the facts set forth in such certificate must be attested under the oath of office of the person giving it, if such person has taken an oath of office, and, if not, by his special oath.

Such certificate is written either on the original notice or on a paper annexed thereto.

M.C. 1916, a. 335.

421. In the case of a special notice given verbally, the affirmation under oath of the person who served such notice takes the place of the certificate of service; such affirmation is only required in case of contestation, and must contain the object of the notice.

M.C. 1916, a. 336.

422. Any owner of land or any ratepayer, domiciled outside the territory of a municipality, may, by a special notice, filed in the office of the municipality, appoint an agent to represent him for all municipal purposes.

M.C. 1916, a. 337; 1996, c. 2, s. 272.

423. No person who has acquiesced in that which is required by a notice, or who has in any manner whatsoever become sufficiently acquainted with its tenor or object, can thereafter avail himself of the insufficiency or informality of such notice, or of the omission of its publication or service.

M.C. 1916, a. 338.

CHAPTER II SPECIAL NOTICES

424. Every special notice must be given verbally or in writing, except in particular cases in which the law prescribes that the special notice must be given in writing, and it must be given or drawn up in the language of the person to whom it is addressed, unless such person speaks a language other than French or English.

A special notice given or addressed to any person who speaks neither the French nor the English language, or who speaks both of these languages, may be given in either language.

M.C. 1916, a. 339.

425. The service of a special written notice is made by leaving a copy of the notice with the person to whom it is addressed, in person, or at his domicile or place of business; if the service is made at his domicile, the copy may be left with a reasonable member of his family; if at his place of business, the copy may be left with any person employed there.

M.C. 1916, a. 340.

426. Every special notice in writing addressed to an absent proprietor or ratepayer, who has appointed an agent residing in the territory of the municipality, must be served on such agent, in the same manner as on a resident proprietor.

If an agent resident in the territory of the municipality has not been appointed, every such notice is served by lodging in the post-office of the locality a copy thereof, in a sealed and registered or certified envelope, addressed to the absent proprietor or ratepayer, or to any other agent if he has appointed one.

M.C. 1916, a. 341; 1975, c. 83, s. 84; 1996, c. 2, s. 456.

427. A special verbal notice is given by the person who should give it, or on his behalf, to the person to whom it is addressed, in person, or at his domicile to a reasonable member of his family, or at his place of business to a person employed there.

M.C. 1916, a. 342.

428. Special notices may be served between the hours of 7 o’clock in the morning and 7 o’clock in the evening, and even upon holidays.

Special notices, however, cannot be served at places of business except upon juridical days.

M.C. 1916, a. 343.

429. If the doors of the domicile or place of business, where service of a special notice in writing is to be made, are closed, or if there is not a reasonable member of the family at the domicile, or a person employed at the place of business, service is effected by affixing a copy of the notice to one of the doors of the domicile or of the place of business.

M.C. 1916, a. 344.

430. The intermediate delay after a special notice begins to run from the day on which such notice was served, such day not being included.

M.C. 1916, a. 345.

CHAPTER III PUBLIC NOTICES

431. Public notices must be in writing.

The publication of a public notice for local municipal purposes is made by posting a copy of such notice at two different places in the territory of the municipality, fixed from time to time by resolution.

In default of localities fixed by the council, the public notice must be posted on or near the principal door of at least one place of public worship, if any there be, and at some other place of public resort in the territory of such municipality.

In either case, if there is a Roman Catholic church in the territory of the municipality, the notice must be posted on or near the main door of such church.

M.C. 1916, a. 346; 1996, c. 2, s. 456.

432. The council may fix as one of the localities for the posting of public notices, a locality situated in a local municipal territory contiguous to the territory of the municipality.

M.C. 1916, a. 347; 1930, c. 103, s. 10; 1982, c. 63, s. 21; 1996, c. 2, s. 273.

433. Every public notice of a regional county municipality that is intended for the inhabitants of the territory of a local municipality is posted in the same localities and in the same manner as a public notice of such local municipality.

The officers of the regional county municipality giving such notice may, by letter, order the secretary-treasurer of each such local municipality, after having transmitted to him as many copies of such notice as are requisite, to provide that the same be posted as required, and that a certificate of the publication thereof be transmitted to them without delay, under penalty of a fine of not less than $10 nor more than $40.

M.C. 1916, a. 349; 1996, c. 2, s. 274.

434. Every public notice convening any public meeting, or for any object whatever, must be published at least seven clear days before the day appointed for such meeting or other proceeding, except in cases otherwise provided for.

M.C. 1916, a. 350.

435. Except in cases otherwise provided for, the intermediate delay after a public notice begins to run from the date on which such notice has been published under article 431 or article 433, exclusive of such date.

M.C. 1916, a. 351.

436. Public notices are applicable to and binding upon proprietors or ratepayers domiciled outside the territory of the municipality, in the same manner as upon residents, except in cases otherwise provided for.

M.C. 1916, a. 352; 1996, c. 2, s. 275.

437. Every person who wilfully tears down, injures or defaces any document whatsoever posted in any public place under the authority of this Code, incurs a fine of not less than $1 nor more than $8 for each offence.

M.C. 1916, a. 353.

437.1. Every notice or document, other than an advertisement referred to in article 935 or a document referred to in article 1027, which a municipality must publish for municipal purposes under this Code or any other Act in a newspaper circulated in its territory, may be published in a municipal information bulletin rather than in a newspaper.

The municipal information bulletin shall

(1)  be mailed or otherwise distributed free of charge to each address in the territory of the municipality, and be received not later than on the publication date indicated therein;

(2)  be transmitted, on request and on payment of subscription fees, where applicable, to every person domiciled or not in the territory of the municipality;

(3)  be published at least eight times a year or at the intervals established by by-law of the municipality.

1995, c. 34, s. 36; 1996, c. 77, s. 26; 1997, c. 53, s. 11.

437.2. Every municipality may pass by-laws

(1)  to establish a mail subscription service for notices, minutes, by-laws or any other type of documents emanating from the council and fix the subscription rates;

(2)  to provide for the publishing of information documents on the municipal administration and related events.

1995, c. 34, s. 36.

TITLE XII.1 PROCEEDINGS AND ORDERS IN MATTERS OF ACTIVITIES OR USES

1997, c. 51, s. 3.

437.3. The council of a local municipality may, for a period not exceeding 90 days, prohibit access to any immovable or part of an immovable accessible to the public in which an activity or use is carried on without the permit, certificate or other authorization required by the municipality where the activity or use may endanger the life or health of persons or cause serious or irreparable damage to property.

The decision of the council must contain reasons and be accompanied by a copy of any report, statement of offence or other document on which the decision is based. It shall be notified to the delinquent and the owner or operator of the immovable. The decision shall take effect on the date on which the owner or operator is notified of the decision.

The council shall lift the prohibition of access to the premises before the expiry of the period fixed where the required permit, certificate or authorization is granted by the municipality or where, in its opinion, a change in activity or use causes the permit, certificate or authorization to be no longer required. The council shall notify all interested persons of the decision.

1997, c. 51, s. 3.

437.4. Where the delinquent or the owner or operator of the immovable is, in his opinion, aggrieved by a decision of the council made under article 437.3, he may, within 10 days of notification thereof, contest the decision before the Court of Québec.

The proceeding shall be brought by the filing of a motion and is governed by articles 762 to 773 of the Code of Civil Procedure (chapter C-25).

The motion shall be heard and decided by preference. It shall not suspend the contested decision, unless a judge orders otherwise.

The court may confirm, vary or quash the decision of the council.

1997, c. 51, s. 3.

437.5. The council of a local municipality may apply to the Court of Québec, in accordance with the rules contained in articles 762 to 773 of the Code of Civil Procedure (chapter C-25), for the cancellation of the permit, certificate or any other authorization granted by the municipality for an activity or use in an immovable or part of an immovable accessible to the public

(1)  where the activity or use may endanger the life or health of persons or cause serious or irreparable damage to property;

(2)  where the activity or use disturbs public tranquility.

Any such motion shall be heard and decided by preference.

Such a proceeding, however, may not be brought in cases where an application may be made by the municipality to the Régie des alcools, des courses et des jeux under section 85 of the Act respecting liquor permits (chapter P-9.1).

1997, c. 51, s. 3.

437.6. In the case of a proceeding brought under subparagraph 1 of the first paragraph of article 437.5, the council of a local municipality may order that the holder suspend the activity or use concerned and prohibit access to the immovable or the part of an immovable in which the activity or use is carried on until the court makes a determination in respect of the application for cancellation or until it orders otherwise.

The decision of the council must give reasons and be accompanied by a copy of the report, of the statement of offence or of any other document on which the decision must be based. The decision must be filed in the court record.

The decision shall take effect on the date on which the holder is notified of the decision.

1997, c. 51, s. 3.

437.7. Where public tranquility is at issue under subparagraph 2 of the first paragraph of article 437.5, the court may, among other factors, take into account:

(1)  any gathering or assembly that results or may result from the activity or use, that may cause excessive noise or otherwise disturb the peace in the neighbourhood;

(2)  the failure by the holder to take appropriate measures to prevent, in the premises concerned,

(a)  the unlawful possession, consumption, sale, exchange or giving, in any manner, of a drug, narcotic or any other substance that may be held to be a drug or narcotic;

(b)  the unlawful possession of a firearm or any other offensive weapon;

(c)  acts of violence, including theft or mischief, that may disturb the peace of occupants or customers or of residents of the neighbourhood.

1997, c. 51, s. 3.

437.8. Where the court cancels a permit, certificate or authorization, it may, on application by the council, order that no permit, certificate or other authorization be granted by the municipality, for the premises to which the decision to cancel applies, or prohibit access to such premises, for a period not exceeding 12 months or until, in the opinion of the council, a change of activity or use justifies the granting of a permit, certificate or authorization or the lifting of the prohibition before the end of the period.

1997, c. 51, s. 3.

437.9. The local municipality shall post any decision, made by the council or the court under this title, on the premises to which the decision or judgment applies, along with a notice indicating the penalty to which any offender is liable.

1997, c. 51, s. 3.

437.10. Every person who continues an activity or use even though the required permit, certificate or authorization has been cancelled by the court or despite an order of suspension or a prohibition of access issued under article 437.6 is liable to a fine of $600 to $2,000.

Every person who is present in an immovable or part of an immovable to which a prohibition of access applies without a legitimate excuse or an authorization from the council or the court, as the case may be, is liable to a fine of $300 to $1,000.

In the case of a subsequent offence, the fines are doubled.

1997, c. 51, s. 3.

TITLE XIII RESOLUTIONS

CHAPTER I GENERAL PROVISION

438. Whenever any municipality deems it advisable to avail itself of the powers which are granted to it by this Title, for any of the objects therein mentioned, it must do so by resolution.

This article does not affect the right which all municipalities have to decide and exercise, by resolution, all acts of administration concerning them and which are not incompatible with this Code.

M.C. 1916, a. 354; 1996, c. 2, s. 455.

CHAPTER II RESOLUTIONS WITHIN THE JURISDICTION OF ALL MUNICIPALITIES

1996, c. 2, s. 455.

439. Every municipality may, by resolution, appoint an officer whose duty it shall be to serve the special notices required by this Code or by by-law.

The appointment of any such officer does not render other municipal officers incapable of making the services which they are authorized by this Code to make.

M.C. 1916, a. 355; 1996, c. 2, s. 455.

440. Every municipality may also, by resolution:

(a)  acquire, for the use or benefit of the municipality, either gratuitously or for a consideration, any land situated in its territory or outside such territory;

(b)  provide for the lease, purchase or erection of any building which the municipality requires;

(c)  order a census to be taken of the inhabitants of the whole territory of the municipality or of any part thereof;

(d)  give bounties for the destruction of wild animals, and determine the conditions upon which such bounties are to be given;

(e)  offer and give rewards for information which may lead to the arrest of persons who have committed criminal offences;

(f)  enter into agreements with every municipality whose territory is contiguous to its territory and with persons, societies or companies for the purchase or lease in common of the equipment to be used for the construction and maintenance of roads.

M.C. 1916, a. 356; 1946, c. 55, s. 5; 1996, c. 2, s. 276.

441. (Repealed).

1929, c. 88, s. 15; 1996, c. 2, s. 455; 1996, c. 27, s. 58.

CHAPTER III

Repealed, 1996, c. 2, s. 277.

1996, c. 2, s. 277.

442. (Repealed).

M.C. 1916, a. 357; 1992, c. 57, s. 484; 1996, c. 2, s. 277.

CHAPTER IV RESOLUTIONS WITHIN THE JURISDICTION OF LOCAL MUNICIPALITIES

1996, c. 2, s. 455.

443. Every local municipality may, by resolution:

(a)  indemnify persons whose property has been destroyed or injured, either in whole or in part, by rioters, in the territory of the municipality;

(b)  contribute to the support of poor persons in the territory of the municipality who, from infirmity, old age, or other cause, are unable to earn their own livelihood;

(c)  relieve any person who has received any bodily injury or contracted any sickness or disease at a fire;

(d)  grant rewards, in money or otherwise, to any person in the territory of the municipality who performs a meritorious action at a fire, or who saves or endeavours to save anyone from drowning or from other serious accident;

(e)  provide for the wants of the family of any person who loses his life at a fire, in the territory of the municipality, while saving or endeavouring to save anyone from a serious accident;

(f)  provide for the purchase of engines, apparatus or any device for the prevention of accidents by fire, or for arresting the progress of fires.

M.C. 1916, a. 358; 1996, c. 2, s. 278.

CHAPTER V

Repealed, 1987, c. 57, s. 751.

1987, c. 57, s. 751.

444. (Repealed).

1975, c. 82, s. 18; 1980, c. 16, s. 62; 1987, c. 57, s. 751.

TITLE XIV BY-LAWS AND CERTAIN RESOLUTIONS

1996, c. 27, s. 59.

CHAPTER I FORMALITIES RESPECTING BY-LAWS

DIVISION I PASSING, PROMULGATION AND COMING INTO FORCE OF BY-LAWS

445. Every by-law must, on pain of nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.

It is not necessary to read the by-law if a motion to dispense with the reading is made at the same time as the notice of motion and if a copy of the proposed by-law is handed immediately to the members of the council present and remitted to the other members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, every member of the council present states that he has read it and waives the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.

The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.

However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered or certified letter to the mayors of the local municipalities whose territory is included in that of the regional county municipality. The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.

The preceding paragraph shall apply, mutatis mutandis, to by-laws passed by a board of delegates.

M.C. 1916, a. 359; 1935, c. 108, s. 3; 1949, c. 71, s. 9; 1975, c. 83, s. 84; 1979, c. 36, s. 16; 1987, c. 68, s. 44; 1996, c. 2, s. 279.

446. The original of every by-law, to be authentic, must be signed either by the head of the council, or by the person presiding at the sitting of the council at the time such by-law was passed, and by the secretary-treasurer.

In no case where this Code or any other general law or special Act provides that a by-law must receive an approval may the by-law be published or come into force until it has received that approval. In such a case, a certificate signed by the head of the council and by the secretary-treasurer, certifying the date of each of the required approvals, must accompany and forms part of the original of such by-law.

M.C. 1916, a. 360; 1947, c. 77, s. 9; 1982, c. 63, s. 22; 1996, c. 2, s. 280.

447. As soon as possible after the coming into force of a by-law of a regional county municipality, the secretary-treasurer of the regional county municipality shall transmit a certified true copy thereof to each local municipality in whose territory the by-law is in force.

M.C. 1916, a. 361; 1996, c. 2, s. 281.

448. Every by-law must be entered in the minute-book and in a special book that constitutes the register of by-laws of the municipality; such entries must be signed by the mayor and countersigned by the secretary-treasurer.

The secretary-treasurer must further indicate at the end of every by-law the date of the posting up of the notice of publication of such by-law.

M.C. 1916, a. 362; 1944, c. 46, s. 2; 1996, c. 2, s. 282.

449. Several subject matters may be provided for in one and the same by-law.

Should several subject matters provided for in one and the same by-law require certain approvals before coming into force, it shall not be necessary that each of these subject matters receive such approvals separately but it shall be sufficient that they be given to the by-law as a whole.

M.C. 1916, a. 363; 1947, c. 77, s. 10.

450. Except where otherwise provided by law, every by-law comes into force and is effective as law, if not otherwise provided for therein, on the day of its publication.

M.C. 1916, a. 364; 1982, c. 63, s. 23.

451. Every by-law is published after it has been passed or received its final approval if it has been submitted to one or several of the approvals mentioned in the second paragraph of article 446, by a public notice mentioning the object of the by-law, the date of the passing thereof, and the place where communication thereof may be had.

Such notice is given under the hand of the secretary-treasurer, and is published in the ordinary manner.

If the by-law has received one or more of the approvals mentioned in the second paragraph of article 446, the notice of publication must mention the date and the fact of each of these approvals.

M.C. 1916, a. 366; 1947, c. 77, s. 11; 1982, c. 63, s. 25.

452. Every by-law remains in force and is executory until it has been amended, repealed or annulled by competent authority, or until the expiration of the delay for which it was made.

M.C. 1916, a. 368.

453. No by-law which, before coming into force and effect was submitted to one or more of the approvals mentioned in the second paragraph of article 446, can be amended or repealed except by another by-law approved in the same manner.

M.C. 1916, a. 369; 1947, c. 77, s. 12.

454. No by-law can be repealed or amended except by another by-law.

M.C. 1916, a. 370.

DIVISION II PENALTIES IN CONNECTION WITH BY-LAWS

455. Except where the applicable penalty is provided for by law, the council may, by by-law,

(1)  prescribe that an offence under any regulatory provision coming under its jurisdiction shall be sanctioned by a fine;

(2)  prescribe either a fine of a fixed amount, or the minimum and maximum fines or a minimum fine of $1 and a maximum fine.

The fixed amount or maximum amount prescribed cannot exceed, for a first offence, $1,000 if the offender is a natural person, or $2,000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed cannot exceed $2,000 if the offender is a natural person, or $4,000 if the offender is a legal person.

M.C. 1916, a. 371; 1927, c. 74, s. 8; 1939, c. 98, s. 2; 1947, c. 77, s. 13; 1954-55, c. 50, s. 11; 1975, c. 82, s. 19; 1979, c. 36, s. 17; 1990, c. 4, s. 247; 1992, c. 27, s. 34.

DIVISION III

Repealed, 1987, c. 57, s. 752.

1987, c. 57, s. 752.

456. (Repealed).

M.C. 1916, a. 372; 1922 (1st sess.), c. 80, s. 7; 1951-52, c. 61, s. 3; 1987, c. 57, s. 752.

457. (Repealed).

M.C. 1916, a. 373; 1922 (1st sess.), c. 80, s. 8; 1930, c. 103, s. 12; 1987, c. 57, s. 752.

458. (Repealed).

M.C. 1916, a. 374; 1927, c. 74, s. 9; 1929, c. 88, s. 16; 1963 (1st sess.), c. 65, s. 3; 1987, c. 57, s. 752.

459. (Repealed).

M.C. 1916, a. 375; 1987, c. 57, s. 752.

460. (Repealed).

1929, c. 88, s. 17; 1987, c. 57, s. 752.

461. (Repealed).

M.C. 1916, a. 376; 1930-31, c. 114, s. 4; 1979, c. 72, s. 276; 1987, c. 57, s. 752.

462. (Repealed).

1931-32, c. 103, s. 2; 1987, c. 57, s. 752.

463. (Repealed).

M.C. 1916, a. 378; 1987, c. 57, s. 752.

464. (Repealed).

M.C. 1916, a. 379; 1987, c. 57, s. 752.

465. (Repealed).

M.C. 1916, a. 380; 1987, c. 57, s. 752.

466. (Repealed).

M.C. 1916, a. 381; 1935, c. 108, s. 4; 1987, c. 57, s. 752.

467. (Repealed).

M.C. 1916, a. 382; 1919, c. 59, s. 22; 1931-32, c. 103, s. 3; 1987, c. 57, s. 752.

468. (Repealed).

1919, c. 59. s. 23; 1931-32, c. 103, s. 4; 1987, c. 57, s. 752.

469. (Repealed).

M.C. 1916, a. 383; 1987, c. 57, s. 752.

470. (Repealed).

M.C. 1916, a. 384; 1987, c. 57, s. 752.

471. (Repealed).

M.C. 1916, a. 385; 1987, c. 57, s. 752.

472. (Repealed).

M.C. 1916, a. 386; 1987, c. 57, s. 752.

473. (Repealed).

M.C. 1916, a. 387; 1987, c. 57, s. 752.

DIVISION IV

Repealed, 1987, c. 57, s. 752.

1987, c. 57, s. 752.

474. (Repealed).

1941, c. 69, s. 12; 1968, c. 86, s. 31; 1979, c. 36, s. 18; 1982, c. 31, s. 132; 1987, c. 57, s. 752.

475. (Repealed).

1941, c. 69, s. 12; 1963 (1st sess.), c. 65, s. 4; 1979, c. 36, s. 19; 1979, c. 72, s. 277; 1987, c. 57, s. 752.

476. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

477. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

478. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

479. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

480. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

481. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

482. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

483. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

484. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

485. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

DIVISION V APPROVAL OTHER THAN THAT OF THE QUALIFIED VOTERS

1987, c. 57, s. 753.

486. Where this Code or any other general law or special Act provides that a by-law must receive an approval other than that of the qualified voters, the secretary-treasurer, after the by-law has been approved by the qualified voters, if their approval is required, must forward a certified copy of the by-law, together with every other document required by the person to whom it is to be forwarded, to:

(1)  the Minister of Municipal Affairs, if his approval or that of the Government or of the Commission municipale du Québec is required, or

(2)  the minister, body or person whose approval is required, in other cases.

The secretary-treasurer must provide the person to whom the certified copy is to be forwarded with any information requested by him with respect to the by-law.

M.C. 1916, a. 388; 1917-18, c. 20, s. 34; 1947, c. 77, s. 15; 1982, c. 63, s. 27; 1987, c. 57, s. 754; 1992, c. 27, s. 35.

487. (Repealed).

M.C. 1916, a. 389; 1947, c. 77, s. 16; 1982, c. 63, s. 27; 1992, c. 27, s. 36.

488. The Government or the minister, body or person whose approval is required may approve the by-law in part only.

Notwithstanding article 453, a council having passed a by-law requiring the approval of the Government, the Minister of Municipal Affairs or the Commission municipale du Québec may, by resolution, amend the by-law before it is so approved, without its being necessary to obtain any other approval, provided that the amendments do not result in increasing the charges upon the ratepayers or in changing the object of the by-law. The Government, the Minister or the Commission may then approve the by-law so amended.

1929, c. 88, s. 18; 1943, c. 48, s. 1; 1982, c. 63, s. 27.

489. The approval of a by-law or other proceeding of a council by the Government or the minister, body or person whose approval is required has no other effect than that of rendering such by-law or proceeding executory, according to law, from its coming into force. That may be done with the same effect in the form of an authorization.

1954-55, c. 50, s. 12; 1982, c. 63, s. 27.

CHAPTER II CERTAIN BY-LAWS AND RESOLUTIONS THAT MAY BE MADE BY LOCAL MUNICIPALITIES

1996, c. 2, s. 455; 1996, c. 27, s. 60.

DIVISION I GENERAL POWER TO PASS BY-LAWS

490. Every local municipality may make, amend or repeal by-laws to secure the peace, order, good government and general welfare in the municipality, provided such by-laws are not inconsistent with the laws of Canada or of Québec.

No local municipality may make by-laws on the matters contemplated in the Agricultural Products, Marine Products and Food Act (chapter P-29) or in the Dairy Products and Dairy Products Substitutes Act (chapter P-30). This paragraph applies notwithstanding any provision of a special Act granting powers to a local municipality on those matters.

M.C. 1916, a. 390; 1930, c. 103, s. 13; 1953-54, c. 31, s. 3; 1982, c. 63, s. 28; 1982, c. 64, s. 1; 1988, c. 19, s. 251; 1996, c. 2, s. 455.

DIVISION II GOVERNMENT OF THE COUNCIL AND THE OFFICERS OF THE LOCAL MUNICIPALITY

1996, c. 2, s. 283.

491. Every local municipality may make, amend or repeal by-laws:

(1)  (subparagraph repealed);

(2)  to regulate the manner in which debates of the council are to be carried out and the manner in which order and decorum are to be preserved during the sittings of the council or of any committee;

(3)  to determine the duties of the officers and employees of the municipality not determined by this Code;

(4)  (subparagraph repealed);

(5)  (subparagraph repealed).

M.C. 1916, a. 391; 1983, c. 57, s. 13; 1986, c. 95, s. 84; 1992, c. 61, s. 188; 1996, c. 2, s. 455; 1996, c. 27, s. 61; 1996, c. 77, s. 27; 1998, c. 31, s. 37.

DIVISION III BUILDINGS

§ 1 . — Visits to Houses

492. Every local municipality may make, amend or repeal by-laws to authorize its officers, between 7:00 a.m. and 7:00 p.m., to visit and examine all movable and immovable property, as well as the interior or exterior of any house, building or edifice whatsoever, to ascertain if the by-laws are carried out, and to compel the owners, tenants or occupants of such properties, buildings or edifices to receive its officers, and to answer all questions put to them relative to the carrying out of the by-laws.

M.C. 1916, a. 392; 1996, c. 2, s. 455.

493. Any local municipality may make, amend or repeal by-laws to prohibit, for a period not exceeding 12 months, the demolition of any immovable appropriate to constitute cultural property within the meaning of the Cultural Property Act (chapter B-4) or situated in a territory identified as appropriate to constitute a historic or natural district within the meaning of the said Act.

Such prohibition shall take effect from the notice of motion of the by-law intended to prohibit the demolition.

However, if such by-law is not adopted and enforced within three months of the date of the notice of motion, such prohibition shall cease to apply.

Within the 15 days following the adoption of such by-law, the municipality must address a request to the Minister of Culture and Communications in order that the immovable concerned be recognized or classified as cultural property within the meaning of the Cultural Property Act, or that the identified territory be declared a historic or natural district within the meaning of the said Act.

If, at the expiry of the delay of 12 months from the date of the notice of motion, the Minister of Culture and Communications has not recognized or classified the immovable concerned as cultural property, or has not declared the territory concerned a historic or natural district or if the Minister of Culture and Communications has not given the notice of intention under the Cultural Property Act, the by-law ceases to have effect.

The property-owner who proceeds to demolish his immovable or to cause it to be demolished while it is under the prohibition provided for in the first paragraph is liable to a fine not exceeding $25 000.

1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259; 1992, c. 65, s. 43; 1994, c. 14, s. 34; 1996, c. 2, s. 455.

494. Any local municipality may make, amend or repeal by-laws to regulate the alteration, maintenance and quality of dwellings, rooms offered for rent, tenement and apartment houses and their dependencies; to prohibit their occupancy if they are not in conformity with the by-laws and with the laws and regulations of Québec; or render those by-laws applicable to existing premises.

1979, c. 48, s. 122; 1996, c. 2, s. 455.

§ 2 . — Demolition of immovables

495. In this Subsection,

(1)  “committee” means the committee established by virtue of article 517;

(2)  “dwelling” means a dwelling within the meaning of the Act respecting the Régie du logement (chapter R-8.1).

1979, c. 48, s. 123.

496. Any local municipality may make, amend or repeal by-laws to:

(1)  prohibit the demolition of an immovable or an immovable that includes one or more dwellings unless the owner has previously obtained a permit for that purpose from the committee;

(2)  prescribe the procedure to be followed in applying for a permit, both in first instance and in appeal;

(3)  provide that, for certain categories of immovables that it shall specify, the public notice contemplated in article 498 is not required; and

(4)  establish a tariff of fees exigible for the issuance of permits.

1979, c. 48, s. 123; 1996, c. 2, s. 455.

497. A by-law contemplated in article 496 may prescribe that, prior to the consideration of his application for a permit, the proprietor submit to the approval of the committee a preliminary programme of re-utilization of the vacated land. The by-law may also prescribe that, if the programme is approved, the proprietor furnish to the municipality, prior to the issuance of his permit, a monetary guarantee of execution of that programme in an amount not exceeding the value entered on the valuation roll of the immovable to be demolished.

That programme may be approved only if it is in conformity with the by-laws of the municipality. To determine that conformity, the committee must consider the by-laws in force at the time the programme is submitted to it, except in the case where the issuance of a building permit for the proposed programme is suspended by reason of a notice of motion. When the issuance of permits is thus suspended, the committee shall not approve the programme before the expiration of the suspension or before the coming into force of the amending by-law contemplated in the notice of motion, if such coming into force occurs before the expiration of the suspension; the decision of the committee is then rendered having regard to the by-laws in force at the time of such decision.

1979, c. 48, s. 123.

498. On being seized of an application for a demolition permit, the committee must cause a notice of the application, easily visible to passers-by, to be posted on the immovable contemplated in the application. Furthermore, it must immediately cause a public notice of the application to be published, except in the cases contemplated by a by-law adopted pursuant to article 496.

Every notice contemplated in this article must reproduce the first paragraph of article 500.

1979, c. 48, s. 123.

499. The applicant must send, by registered or certified mail, a notice of the application to each of the lessees of the immovable.

1979, c. 48, s. 123.

500. Every person wishing to oppose the granting of a demolition permit must, within 10 days of publication of the public notice or, failing such notice, within the 10 days following the posting of the notice on the immovable concerned, make his objections known in writing to the secretary-treasurer of the municipality, giving the reasons for his objections.

Before rendering its decision, the committee must consider the objections received. Its sittings are public.

The committee may, in addition, hold a public hearing if it considers it advisable.

1979, c. 48, s. 123.

501. Where the immovable contemplated in the application includes one or more dwellings, a person wishing to preserve that immovable as rental housing may, at the hearing of the application, intervene to ask for a delay to undertake or pursue negotiations to acquire the immovable.

1979, c. 48, s. 123.

502. The committee shall postpone its decision if it believes that the circumstances justify it, and grant the intervener a period of not more than two months from the end of the hearing to allow the negotiations to reach a conclusion. The committee shall postpone its decision for that reason only once.

1979, c. 48, s. 123.

503. The committee shall grant the permit if it is convinced of the advisability of the demolition, taking into account the public interest and the interest of the parties.

The committee, before deciding an application for a demolition permit, must consider the condition of the immovable contemplated in the application, the deterioration of the architectural appearance or esthetic character of the neighbourhood or the quality of life in the neighbourhood and the cost of restoration, the intended use of the vacated land any other pertinent criterion, in particular, where the immovable includes one or more dwellings, the prejudice caused to lessees, the housing needs in the area and the possibilities of relocation of the lessees.

1979, c. 48, s. 123.

504. The committee must, in addition, reject the application for a permit if the preliminary programme of re-utilization of the vacated land has not been approved, if the procedure of application for permits has not been substantially complied with or if the exigible fees have not been paid.

1979, c. 48, s. 123.

505. Where the committee grants the permit, it may impose any condition relating to the demolition of the immovable or the re-utilization of the vacated land. It may, in particular, determine the conditions of the relocation of a lessee, where the immovable includes one or more dwellings.

1979, c. 48, s. 123.

506. A lessor to whom a demolition permit has been issued may evict a lessee to demolish a dwelling.

However, no lessee may be compelled to leave his dwelling before the term of the lease nor before the expiry of three months from the issuance of the permit.

1979, c. 48, s. 123.

507. The lessor must pay to the lessee evicted from his dwelling an indemnity equal to three months’ rent and his moving expenses. If the amount of the damage sustained by the lessee is greater, he may apply to the Régie du logement to fix the amount.

The indemnity is payable at the expiry of the lease, and the moving expenses, on presentation of the vouchers.

1979, c. 48, s. 123.

508. Where the committee grants the permit, it may fix the time within which the demolition work must be undertaken and completed.

It may, for reasonable cause, change the time fixed, provided that the application for the change is made to it before the time has expired.

1979, c. 48, s. 123.

509. If the demolition work is not undertaken before the expiry of the time fixed by the committee, the demolition permit is without effect.

If, on that date, in the case of an immovable that includes one or more dwellings, a lessee continues to occupy his dwelling, the lease is extended of right and the lessor may, within one month, apply to the Régie du logement to fix the rent.

1979, c. 48, s. 123.

510. If the work is not completed within the time fixed, the council may cause it to be carried out and recover the costs thereof from the proprietor. The costs constitute a prior claim on the land where the immovable was situated, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code of Québec; the costs are secured by a legal hypothec on the land.

1979, c. 48, s. 123; 1992, c. 57, s. 485; 1994, c. 30, s. 93.

511. The decision of the committee concerning the issuance of the permit must be substantiated and be sent immediately to every party concerned by registered or certified mail.

1979, c. 48, s. 123.

512. Every interested person may, within 30 days from a decision of the committee, appeal to the council from the decision.

Every member of the council, including a member of the committee, may sit on the council to hear an appeal made in virtue of the first paragraph.

1979, c. 48, s. 123.

513. The council may confirm a decision of the committee or render the decision that the committee should have rendered.

1979, c. 48, s. 123.

514. No demolition permit may be issued before the expiry of 30 days as provided in article 512 nor, if there has been an appeal under that article, before the council has rendered a decision authorizing the issuance of such a permit.

1979, c. 48, s. 123.

515. Every person who carries out the demolition of an immovable or causes it to be carried out without a permit or in contravention of the conditions of the permit is liable to a fine of not less than $5 000 nor more than $25 000.

In addition, the by-law contemplated in article 496 may require that person to restore the immovable so demolished to its former condition. Where the offender fails to restore the immovable in accordance with the by-law, the council may cause the work to be carried out and recover the costs thereof from the offender, in which case article 510 applies, with the necessary modifications.

1979, c. 48, s. 123.

516. At all times while the demolition work is being carried out, a person in authority on the premises must have a copy of the permit in his possession. An officer or employee of the municipality designated by the council may, at any reasonable time, enter the premises where that work is being carried out to ascertain whether the demolition is in conformity with the permit. The officer or employee shall, on request, identify himself and produce the certificate of his capacity issued by the municipality. The refusal to allow the officer or the employee of the municipality on the premises or to let him see the copy of the permit renders the contravening person liable to a fine not exceeding $500.

1979, c. 48, s. 123; 1986, c. 95, s. 85.

517. A local municipality that has adopted a by-law in virtue of article 496 must constitute a committee having the functions of deciding applications for demolition permits and exercising any other powers conferred on it by this Subsection.

This committee shall be composed of three members of the council designated for one year by the council. Their term is renewable.

1979, c. 48, s. 123; 1996, c. 2, s. 455.

518. A member of the council who ceases to be a member of the committee before the end of his term, is temporarily unable to act or has a direct or indirect personal interest in a matter of which the committee is seized, shall be replaced by another member of the council designated by the council for the unexpired portion of his term, for the duration of his incapacity or for the duration of the hearing of the matter in which he has an interest, as the case may be.

1979, c. 48, s. 123.

519. No member of the council may be prosecuted for official acts done in good faith under this Subsection.

1979, c. 48, s. 123.

DIVISION IV SEIZURES AND CONFISCATIONS

520. Every local municipality may make, amend or repeal by-laws to authorize, at the time of an inspection, the seizure of all articles offered for sale, or sold, or delivered, in contravention of the by-laws passed under this Code.

M.C. 1916, a. 394; 1992, c. 61, s. 189; 1996, c. 2, s. 455.

DIVISION V FENCES, WALLS, DITCHES, EMBANKMENTS

521. Every local municipality may make, amend or repeal by-laws:

(1)  to order that fences be made of wire along municipal roads, at the places where the council deems expedient;

(2)  to protect persons and animals from injuries and damages from barbed wire fences; or to entirely prohibit such fences being constructed in the whole territory of the municipality or in any part thereof;

(3)  to order that no wall or fence over a certain height be erected along municipal roads, or within 12 m from such roads.

M.C. 1916, a. 395; 1984, c. 47, s. 213; 1996, c. 2, s. 284.

522. Every local municipality may also make, amend or repeal by-laws with respect to the construction, opening up, widening, deepening, repairing or maintaining, at the expense of the municipality, of all ditches, embankments, walls and fences, when in the interest of the inhabitants of its territory or of a considerable portion thereof.

Article 802 applies, with the necessary modifications, when a by-law has been passed under this article.

M.C. 1916, a. 396; 1996, c. 2, s. 285.

DIVISION VI AID IN THE CONSTRUCTION AND MAINTENANCE OF BRIDGES SUBSIDIZED BY THE GOVERNMENT

523. Every local municipality may make, amend or repeal by-laws to aid in the construction of bridges erected with the assistance of the Gouvernement du Québec, according to plans approved by the ministère des Transports, in the territory of the municipality or of any other municipality, by contributing money therefor, and to aid in the same manner in the maintenance thereof in future.

M.C. 1916, a. 397; 1931, c. 19, s. 34; 1966-67, c. 48, s. 22; 1972, c. 54, s. 32; 1996, c. 2, s. 286.

DIVISION VII AID TO AGRICULTURE, HORTICULTURE AND CHARITABLE INSTITUTIONS

524. Every local municipality may make, amend or repeal by-laws:

(1)  to aid agriculture and horticulture in the territory of the municipality.

The local municipality may, if it deems fit, grant the aid above-mentioned by mere resolution;

(2)  (paragraph repealed);

(3)  to establish and maintain poor houses, houses of refuge or other establishments for the refuge and relief of the poor and destitute; to give domiciliary relief to the poor in the territory of the municipality; and to aid institutions operating a hospital centre within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) or charitable institutions established in the territory of the municipality or elsewhere in Québec;

(4)  to aid an agricultural cooperative situated in the regional municipal territory that includes that of the municipality.

M.C. 1916, a. 398; 1917-18, c. 82, s. 1; 1919, c. 59, s. 24; 1930, c. 105, s. 1; 1930-31, c. 115, s. 1; 1971, c. 48, s. 161; 1979, c. 36, s. 26; 1984, c. 38, s. 54; 1992, c. 21, s. 136; 1992, c. 65, s. 27; 1994, c. 23, s. 23; 1996, c. 2, s. 287.

DIVISION VII.1 PUBLIC LIBRARIES

1992, c. 65, s. 28.

524.1. Any local municipality may, by by-law, establish and maintain in its territory public libraries having as their objects, in particular, the conservation, consultation and lending of published documents as well as the giving of information and the organization of reading-related activities.

1992, c. 65, s. 28.

524.2. A local municipality may, by by-law, establish rules relating to the operation of these libraries as well as the conditions of use by the public of the services offered by them.

1992, c. 65, s. 28.

524.3. Any local municipality may, on the conditions it determines, contribute to the establishment and maintenance of public libraries in the territory of the municipality or in a contiguous territory.

1992, c. 65, s. 28.

524.3.1. Any local municipality may enter into, alone or jointly with any other local municipality, agreements with any other school board or any educational institution to jointly establish and maintain public libraries in the territory of the municipality or in a contiguous territory.

1997, c. 93, s. 75.

DIVISION VII.2 ARTS CENTRES, PUBLIC MUSEUMS, EXHIBITION CENTRES, HERITAGE INTERPRETATION CENTRES AND PERFORMANCE HALLS

1992, c. 65, s. 28.

524.4. Any local municipality may, by by-law, establish and maintain in its territory arts centres, public museums, exhibition centres, heritage interpretation centres and performance halls.

1992, c. 65, s. 28.

524.5. Any local municipality may, on the conditions it determines, contribute to the establishment and maintenance of arts centres, public museums, exhibition centres, heritage interpretation centres and performance halls in its territory or in a contiguous territory.

1992, c. 65, s. 28.

DIVISION VII.3 CONVENTION CENTRES

1998, c. 31, s. 38.

524.6. Every local municipality may, by by-law, provide that the local municipality establish a convention centre or that it contribute, notwithstanding the Municipal Aid Prohibition Act (chapter I-15), to the establishment or operation of a convention centre.

Where the territory of the local municipality is contained in the territory of a regional county municipality or an urban community, the local municipality must consult the regional county municipality or the urban community before adopting the by-law.

1998, c. 31, s. 38.

524.7. The local municipality may take up the operation of the convention centre it establishes or entrust a third person with such operation.

1998, c. 31, s. 38.

DIVISION VIII ORGANIZING A PUBLIC TRANSPORT SERVICE

525. Any local municipality may, by a by-law a copy of which must be sent to the Minister of Transport, organize a public transport service in the territory of the municipality and provide links to points outside the territory. The proposed service must be described in the by-law.

1975, c. 82, s. 24; 1979, c. 36, s. 27; 1983, c. 45, s. 34; 1984, c. 38, s. 55; 1996, c. 2, s. 455.

526. No transport service described in article 525 may be supplied by anyone but a carrier that is a public body providing public transport, the holder of a bus transport permit, a holder of a taxi permit, a group of taxi permit holders or a school bus carrier under contract with the municipality.

The contract may be made without calling for tenders; where the municipality calls for tenders, it is not required to accept any tender whatsoever.

Where the contract is made with a school bus carrier, the carrier may use vehicles other than school buses or vehicles of the minibus type. The carrier shall not, in such a case, use those vehicles to transport pupils.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 24; 1996, c. 2, s. 455.

527. Where the municipality organizes for the first time a public transport service, other than a shared transportation service by taxi, and where the holder of a bus transport permit of the class determined by regulation of the Government operates in its territory, the corporation shall first deliver its specifications for the proposed public transport service to the holder of the permit.

The permit holder may, within 30 days following the delivery of the specifications, submit a proposal to the municipality.

The Government may, by regulation, determine the class of bus transport permit a person is required to hold under this article.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 25; 1986, c. 66, s. 13; 1996, c. 2, s. 455.

528. Failing an agreement with the permit holder within 90 days following the delivery of the specifications, the municipality may call for tenders.

The municipality shall, within 30 days after the opening of tenders, negotiate again with the permit holder after notifying all the tenderers in writing and make the contract with the holder if he agrees to execute the contract at the price of the lowest tender or at a lower price.

No changes may be made to the specifications for the purposes of the call for tenders or the negotiation.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 25; 1996, c. 2, s. 455.

528.1. Notwithstanding section 40 of the Transport Act (chapter T-12), the Commission des transports du Québec, following the receipt of a copy of the contract made by the municipality to organize a public transport service other than a shared transportation service by taxi, shall amend or, if necessary, revoke any bus transport permit of the class determined by the regulations under article 527 authorizing its holder to operate, in the territory of the municipality, a service that would compete with the service provided under the contract. The permit shall be amended or revoked only to the extent that such amendment or revocation is necessary to eliminate competing services.

This article applies even where the holder of the permit is a party to the contract. It does not apply where the municipality organizes a public transport service for the first time and the contract is made for a period of less than six months.

The Commission shall, before amending or revoking a permit under the first paragraph, notify the permit holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the permit holder at least 10 days to present observations.

1986, c. 66, s. 14; 1988, c. 25, s. 17; 1996, c. 2, s. 455; 1997, c. 43, s. 180.

529. Upon making a contract, a municipality shall send a copy to the Minister of Transport and to the Commission des transports du Québec.

Where the contract provides that the remuneration of the carrier shall be based, in whole or for the greater part, on the number of passengers carried, it must indicate, on an annual basis, the number of passengers projected by the parties and contain a clause whereby the municipality undertakes to make up any insufficiency of receipts due to a smaller number of passengers than the number projected in the contract.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 26; 1986, c. 66, s. 15; 1996, c. 2, s. 455.

530. The municipality, by resolution, shall fix the various passenger fares according to the classes of users it determines.

The municipality may also make changes in the service; such changes shall be made by by-law of the municipality, except schedule changes which may be made by resolution.

A certified copy of every resolution concerning fares or schedules shall be published in a newspaper circulated in the territory of the municipality and shall be posted in every vehicle. No fare or schedule change may come into force before the expiry of 30 days after the date of publication and posting.

A carrier shall collect fares and supply any new service. Every contract must contain clauses for adjusting the contract price to take account of changes in the service.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1988, c. 25, s. 19; 1996, c. 2, s. 455.

531. Where a member of a corporation moves the passing of a by-law to make a change in a service, he shall table a draft by-law. A summary of the draft requires to be published in a newspaper circulated in the territory of the municipality and to be posted up in the vehicles of the carrier not less than 30 days before the adoption of the by-law.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1988, c. 25, s. 20.

532. A copy of a by-law making a change in the service must be transmitted to the Minister of Transport.

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1984, c. 38, s. 56.

532.1. Where the municipality makes a by-law under article 525 or 530 by which it provides for the establishment of links to points outside the territory of the municipality or for changes therein, the Minister of Transport may, within 30 days after receiving a copy of the by-law, disallow the by-law in respect of such links. The Minister shall then notify the council and cause his decision to be published in the Gazette officielle du Québec.

Notwithstanding the first paragraph, the Minister may, before the expiry of the period, inform the municipality that he does not intend to disallow the by-law.

1985, c. 35, s. 27; 1996, c. 2, s. 288.

532.2. Every draft by-law of a municipality providing for the establishment of links to any point within the territory of a public body providing public transport or for changes therein shall be sent to the body and to each local municipality whose territory is included in that of the body and which is concerned by the proposed route at least 30 days before the date set for the adoption of the by-law.

1985, c. 35, s. 27; 1988, c. 25, s. 21; 1996, c. 2, s. 289.

532.3. In cases provided for in article 532.2, the municipality shall, when sending its by-law to the Minister of Transport, attach to it a copy of the notices it has received from the public body providing public transport and from the municipalities to which the draft by-law has been sent.

1985, c. 35, s. 27; 1988, c. 25, s. 22; 1996, c. 2, s. 455.

532.4. The municipality, by resolution and without calling for tenders, may make a contract with a carrier referred to in article 526 to provide, on the occasion of a special event, in the territory of the municipality, a temporary public transport service which does not compete with the service provided by a permit holder pursuant to his permit.

1988, c. 25, s. 23; 1996, c. 2, s. 455.

533. A municipality may lease or acquire property for the purposes of organizing a public transport service, and entrust the property to the carrier under contract with it. It may also make service contracts.

1983, c. 45, s. 34; 1996, c. 2, s. 455.

534. (Repealed).

1983, c. 45, s. 34; 1985, c. 35, s. 28; 1988, c. 25, s. 24.

535. (Repealed).

1983, c. 45, s. 34; 1988, c. 25, s. 25.

535.1. Transport supplied under articles 525 to 535 is not subject to the jurisdiction of the Commission des transports du Québec.

1985, c. 35, s. 29.

535.2. In no case may the Commission des transports du Québec issue a bus transport permit or alter the service that the holder of a bus transport permit is authorized to supply in the territory of a municipality, a group of municipalities or an intermunicipal board that organizes a public transport service, without the prior authorization of the municipality, of the municipality that is the mandatary of the group of municipalities or of the intermunicipal board.

If the municipality or the intermunicipal board does not indicate its refusal to the Commission des transports du Québec within 60 days after the Commission’s application for authorization, it is presumed to have given its authorization.

This article does not apply in the case of a cancellation or reduction of service or in the case of the establishment of a new service which does not compete with the public transport service organized by the municipality, by the municipality that is the mandatary of the group of municipalities or by the intermunicipal board.

1985, c. 35, s. 29; 1986, c. 66, s. 16; 1996, c. 2, s. 455.

535.3. For the purposes of this section, unless the context indicates another meaning, the service consists of the routes, frequency and schedule of trips.

1985, c. 35, s. 29; 1988, c. 25, s. 26.

535.4. Every local municipality may take any measure it considers appropriate to promote the organization and operation of public transportation services not organized by the board itself and to provide support services to users and organizers of such transport services.

1986, c. 66, s. 17; 1988, c. 25, s. 27; 1996, c. 2, s. 455.

535.5. The municipality, by resolution, may grant a subsidy to the holder of a bus transport permit who provides transport service in the territory of the municipality or who maintains a route in the territory.

1988, c. 25, s. 28; 1996, c. 2, s. 455; 1997, c. 53, s. 12.

535.6. This section, adapted as required, applies to an intermunicipal board exercising powers provided for therein.

1988, c. 25, s. 28.

535.7. This section does not apply to a municipality whose territory forms part of the territory of a public body providing public transport.

1988, c. 25, s. 28; 1996, c. 2, s. 455.

DIVISION IX TRANSPORTATION OF HANDICAPPED PERSONS

536. Any local municipality, by resolution a copy of which must be sent to the Minister of Transport, may contract with any person to provide a special transportation service in its territory for handicapped persons and to provide links to points outside the territory. The proposed service must be described in the resolution.

1983, c. 45, s. 34; 1984, c. 23, s. 33; 1984, c. 38, s. 57; 1988, c. 25, s. 29; 1996, c. 2, s. 455.

537. The contract may be made without calling for tenders.

As soon as the contract is made, the municipality shall send copy thereof to the Minister of Transport and to the Commission des transports du Québec.

1983, c. 45, s. 34; 1988, c. 25, s. 30; 1996, c. 2, s. 455.

537.1. The municipality, by resolution, shall fix the various passenger fares according to the classes of users it determines. It may also, by resolution, make changes in the service.

A certified copy of every resolution concerning fares shall be published in a newspaper circulated in the territory of the municipality and shall be posted in each vehicle. No fare may come into force before the expiry of 30 days after the date of publication and posting.

The carrier shall collect fares and provide any new service. Every contract must contain clauses for adjusting the contract price to take account of changes in the service.

1988, c. 25, s. 30; 1996, c. 2, s. 455.

538. Articles 536 to 537.1 apply, with the necessary modifications, to an intermunicipal board exercising powers thereunder.

1983, c. 45, s. 34; 1988, c. 25, s. 31.

539. A municipality may also, by resolution a copy of which must be sent to the Minister of Transport, grant a subsidy to any non-profit body that organizes a special transportation service for handicapped persons in the territory of the municipality and that, where such is the case, provides links to points situated outside the territory. No such subsidy may be granted before the municipality and the body make an agreement on the service to be operated.

Upon making the agreement, the municipality shall send a copy to the Minister of Transport.

1983, c. 45, s. 34; 1984, c. 23, s. 34; 1984, c. 38, s. 58; 1988, c. 25, s. 32; 1996, c. 2, s. 455.

DIVISION X ABUSES PREJUDICIAL TO AGRICULTURE

540. Every local municipality may make, amend or repeal by-laws:

(1)  to prevent or cause to be done away with all abuses prejudicial to agriculture, and not provided for by law;

(2)  to establish pounds, in which animals found straying on beaches, flats, roads or public places, or on the property of another than their owner, may be impounded.

M.C. 1916, a. 399; 1979, c. 51, s. 259; 1982, c. 2, s. 14; 1982, c. 63, s. 29; 1996, c. 2, s. 455.

DIVISION XI PLAN AND DIVISION OF THE TERRITORY OF THE MUNICIPALITY

1996, c. 2, s. 290.

541. (1)  Every local municipality may make, amend or repeal by-laws:

(a)  to have maps, plans or surveys made of the territory of the municipality.

Maps or plans of such territory, prepared at the expense of the municipality, must be made by a Québec land surveyor, and upon a scale of at least 1:15 000;

(b)  to divide the territory of the municipality into as many road divisions as may be deemed suitable for the supervision and direction of work on roads and of all other work under the direction of the inspectors;

(c)  to divide the territory of the municipality into such rural divisions as may be deemed expedient, for the superintendence and direction of work in connection with fences, ditches and all other work under the jurisdiction of rural inspectors.

(2)  If the territory of the municipality is not divided into several rural or road divisions, it forms one division only.

(3)  If, under paragraph b or c of subarticle 1, any change is made in the division of the territory of the municipality while inspectors are in office, the jurisdiction of each inspector must be determined by a resolution; otherwise such inspectors continue in the exercise of their jurisdiction as if no changes had been made.

M.C. 1916, a. 400; 1984, c. 47, s. 213; 1996, c. 2, s. 291.

DIVISION XII SALE OF WOOD

542. Every local municipality may make, amend or repeal by-laws to regulate the measuring of cord-wood, bark, lumber and shingles offered for sale in the territory of the municipality.

M.C. 1916, a. 401; 1996, c. 2, s. 292.

DIVISION XIII PROHIBITION OF THE SALE OF ALCOHOLIC LIQUOR

543. Subject to the Act respecting liquor permits (chapter P-9.1), and to the Act respecting offences relating to alcoholic beverages (chapter I-8.1), every local municipality may make, amend or repeal by-laws to prohibit the sale of alcoholic liquor.

M.C. 1916, a. 402; 1921, c. 48, s. 24; 1996, c. 2, s. 455.

DIVISION XIV DECENCY AND GOOD MORALS

544. Every local municipality may make, amend or repeal by-laws:

(1)  to regulate, upon such conditions as may be considered proper, circuses, theatres or other public exhibitions, and subject them to a duty or tax which must not exceed $50 for each performance provided, however, that no person, firm or corporation may be obliged to pay more than $200 in the same year.

Every tax imposed by a by-law made under this paragraph, if it is not paid on demand, may be levied with costs by way of the seizure and sale of the debtor’s movable property. Articles 1014 to 1018 shall apply to such seizure and sale; however, for the application of article 1018, the words “amounts which appear on the collection roll” shall mean “tax claimed by the municipality”.

(2)  to regulate public dance-halls in the territory of the municipality.

No permit or license may be granted, under any Act whatever, for keeping a public dance-hall in the territory of the municipality in opposition to a by-law passed under this paragraph;

(3)  (paragraph repealed);

(4)  to prohibit persons bathing or washing themselves in public waters, or in the open air near public roads or squares, or to regulate the manner in which bathing or washing in such places may be done;

(4.1)  to regulate public beaches and public or private swimming-pools for safety purposes, to compel every person operating a public beach or swimming-pool to obtain an annual license and to fix the cost of the license;

(5)  to prohibit wearing of bathing suits in public places elsewhere than on beaches, on the site of lakes, rivers or watercourses and any other place used as public baths;

(6)  to prohibit the wearing of immodest clothes or wearing apparel on the roads and in public places in the territory of the municipality;

(7)  to prohibit any building or part of a building, situated whithin such distance as the by-law may prescribe from any church or other building used habitually for purposes of public worship, being used as an inn, a restaurant, a liquor shop, a bowling-alley, or a place to which the public is admitted for the purpose of dancing or engaging in any noisy game or amusement;

(8)  to license, regulate or prohibit pin-ball machines, billiards, pool, pigeon-hole tables, bowling alleys, bagatelle boards, shooting galleries, electronic games and electronic game arcades;

(9)  to determine where, and the kind of building in which, serving of mares may be carried on in the territory of the municipality.

M.C. 1916, a. 403; 1919, c. 85, s. 1; 1927, c. 74, s. 10; 1929, c. 88, s. 19; 1939, c. 98, s. 3; 1947, c. 77, s. 17; 1951-52, c. 61, s. 4; 1969, c. 60, s. 14; 1982, c. 63, s. 30; 1986, c. 95, s. 86; 1996, c. 2, s. 293; 1997, c. 53, s. 13.

545. Every local municipality may make, amend or repeal by-laws to regulate the display of erotic objects and printed matter, more particularly for the purpose of protecting the youth.

1983, c. 57, s. 14; 1996, c. 2, s. 455.

DIVISION XV NUISANCES

546. Every local municipality may make, amend or repeal by-laws:

(1)  to define what constitutes a nuisance, to suppress the same and to prescribe fines upon persons who create nuisances or allow them to continue to exist;

(2)  to decree that for the owner, lessee or occupant of a vacant or partly built lot or land to leave upon such lot or land one or more motor vehicles built more than seven years previously, having no markers for the current year and in such a condition that they cannot be driven, to allow branches, brush or weeds to grow on such lot or land or to leave scrap iron, rubbish, refuse, paper, empty bottles or noxious substances thereon constitutes a nuisance; to prescribe fines on the owner, lessee or occupant who permits such nuisances on such lots or land, or to take or prescribe any measure intended to eliminate or prevent such nuisances.

A judge may, within the time he prescribes, order that the nuisances which are the subject of the offence be removed by the owner, lessee or occupant convicted of the offence. Where the person fails to comply within the prescribed time, the nuisances may be removed by the municipality at the expense of that person.

Prior notice of the application for an order shall be given by the prosecutor to the person who could be compelled, under such an order, to remove the nuisances, except where the parties are in the presence of the judge.

For the purposes of this paragraph, the expression “motor vehicle” means any vehicle within the meaning of the Highway Security Code (chapter C-24.2);

(3)  to compel the owners or occupants of houses, stores and industrial establishments to clean and sanitate such buildings, as well as their cellars, drains, cattle-sheds, stables, piggeries, out-houses, privies and the yards connected with such buildings, at such time and in such manner as the council deems expedient;

(4)  to regulate the construction of gas-works, tanneries, candle or soap factories, distilleries and other manufactories which may become public nuisances, or to prohibit the construction of such establishments or slaughter-houses;

(5)  to compel the owners or occupants of land, whether under cultivation or not, to contribute towards the destruction of grasshoppers and those destructive insects and plant diseases to which the Plant Protection Act (chapter P-39) applies, in such manner and at such times as the council may determine;

(6)  to require any person who soils public property to carry out cleaning operations in the manner prescribed by by-law and to order that any person who contravenes the by-law, in addition to any penalty, shall become debtor to the municipality for the cost of cleaning operations carried out by the municipality.

M.C. 1916, a. 404; 1921, c. 106, s. 1; 1929, c. 25, s. 1; 1929, c. 90, s. 1; 1979, c. 36, s. 28; 1981, c. 7 s. 536; 1982, c. 2, s. 15; 1982, c. 63, s. 31; 1982, c. 64, s. 2; 1986, c. 91, s. 655; 1990, c. 4, s. 248; 1992, c. 61, s. 190; 1996, c. 2, s. 455; 1996, c. 27, s. 62.

547. Every local municipality may make, amend or repeal by-laws:

(a)  to enact that in the territory of the municipality, or in any part thereof the council may designate, the owner, lessee or occupant of any immovable, or the person who has deposited the same, shall be obliged to remove ashes, swill, offal, refuse, garbage, manure, dead animals, night-soil, and other unhealthy or offensive matter, and to dispose thereof in the manner prescribed by the council;

(b)  to provide itself for the removal of such matter, in the territory of the municipality or in any part thereof the council may designate, and determine the manner of disposing thereof; to determine from the refuse the matters that may be salvaged for re-use or recycling and establish, in the whole territory of the municipality or in any part thereof, a selective refuse collection system in view of providing for their removal; to require, for that purpose, every owner, tenant or occupant of an immovable to separate from his household refuse those matters that may be re-used or recycled, according to the classification it determines; to dispose of the collected matters, in particular by processing the matters that may be recycled in an establishment contemplated in article 548.1 or 548.2; to acquire, for the purpose of renting or selling to persons to whom a garbage removal service is provided in the territory of the municipality, containers or other implements used in the operation of the service; to provide for the payment of the cost either by a tax on the taxable real property in the territory of the municipality or of the part designated, or by a compensation, which may vary with each category of users and is payable by the owner, tenant or occupant of each house, store or other building;

(c)  to enact that the compensation must, in all cases, be paid by the owner. It is then assimilated to a real estate tax imposed on the immovable for which it is due;

(d)  to enact that the compensation, in the case of a residence inhabited during part of the year only, is smaller and fixed proportionately to the number of months the service is used or to the average number of months it is used in a given sector as established by the council.

1945, c. 70, s. 5; 1979, c. 36, s. 29; 1985, c. 27, s. 45; 1992, c. 27, s. 37; 1996, c. 2, s. 294.

548. Any local municipality may make, amend or repeal by-laws to establish an incinerator or garbage-dump.

1963 (1st sess.), c. 65, s. 6; 1996, c. 2, s. 295.

548.1. Every local municipality may establish and operate an establishment for the salvage and treatment of refuse matters that may be recycled. It may also entrust any person with those functions.

1985, c. 27, s. 46; 1996, c. 2, s. 455.

548.2. Every local municipality may, by by-law, regulate the installation and operation of establishments for the salvage and treatment of refuse matters that may be recycled, require a licence for the operation of such an establishment and fix the conditions for obtaining the licence.

1985, c. 27, s. 46; 1996, c. 2, s. 455.

549. (Repealed).

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32; 1987, c. 102, s. 41; 1988, c. 49, s. 43; 1989, c. 46, s. 16; 1994, c. 33, s. 29; 1996, c. 2, s. 296.

550. Any local municipality may make, amend or repeal by-laws to provide for the periodical emptying of septic tanks, in its territory or in any part thereof; to provide for payment of the expenses by a compensation, which may vary for each class of users, exigible from the owner, tenant or occupant of each house, store or building using a septic tank; to order that in all cases the compensation is payable by the owner. Such compensation then has the same rank as a real estate tax on the immovable for which it is due.

1979, c. 36, s. 30; 1987, c. 42, s. 5; 1996, c. 2, s. 297.

550.1. Subject to the Pesticides Act (chapter P-9.3) and the Environment Quality Act (chapter Q-2), every local municipality may, with the consent of the owner of an immovable, carry out pesticide application works on the immovable.

1998, c. 31, s. 39.

DIVISION XVI BOARDS OF HEALTH

551. Every local municipality may, by by-law, establish a board of health and appoint the members thereof.

M.C. 1916, a. 405 (part); 1972, c. 42, s. 56; 1996, c. 2, s. 455.

DIVISION XVII CHILDCARE

1997, c. 58, s. 23.

552. Every local municipality may make, amend or repeal by-laws to establish, maintain and improve day care centres, nursery schools or stop over centres, in accordance with the Act respecting childcare centres and childcare services (chapter C-8.2) and the regulations.

It may also:

(a)  (subparagraph repealed);

(b)  where it has been designated by the Minister of Child and Family Welfare under section 45.1 of the said Act to be that Minister’s regional representative, act in that capacity and exercise the functions attached thereto;

(c)  exercise any power the said Minister authorizes it to exercise under the said section;

(d)  make an agreement with the said Minister under section 10 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M-17.2).

1979, c. 85, s. 81; 1996, c. 2, s. 455; 1996, c. 16, s. 63; 1997, c. 58, s. 24.

DIVISION XVIII ANIMALS

553. Every local municipality may make, amend or repeal by-laws to order dogs to be kept muzzled or tied up; to prevent them from being at large without their masters or other persons to take charge of them; to impose a tax on the owner of every dog kept in the territory of the municipality; to authorize any officer appointed for such purpose to destroy any unmuzzled dog at large and considered dangerous by such officer.

M.C. 1916, a. 406; 1937, c. 99, s. 1; 1977, c. 53, s. 32; 1990, c. 4, s. 249; 1996, c. 2, s. 298.

554. Every local municipality may make, amend or repeal by-laws to

(1)  regulate or prohibit the keeping of animals, or categories of animals, and limit the number of animals that a person may keep in or on any immovable;

(2)  require the owner or keeper of an animal to hold a licence entitling him to keep the animal;

(3)  prohibit owners or keepers of animals from letting their animals stray in the territory of the municipality and authorize their elimination in a summary manner or their impounding and sale for the benefit of the municipality;

(4)  require the owner or keeper of any animal to remove its excrement from any property, public or private, determine the manner of disposing thereof and require the owner or keeper to have the necessary implements for that purpose;

(5)  enable the municipality to enter into agreements with any person or body to authorize the person or body to collect the cost of animal licences and enforce any by-law of the municipality concerning animals.

The person or body with whom or which the municipality enters into an agreement and his or its employees are deemed to be officers or employees of the municipality for the purposes of collecting the cost of licences and enforcing the by-law of the municipality.

Any by-law made under the first paragraph applies only in a sector of the territory of the municipality determined by the municipality. Prescriptions of the by-law may differ according to the sectors and the categories of animals determined by the municipality.

Every by-law made under the first paragraph prevails over any inconsistent provision of this Code or of the Agricultural Abuses Act (chapter A-2).

1983, c. 57, s. 16; 1996, c. 2, s. 299.

DIVISION XIX PRECAUTIONS AGAINST FIRE

555. Every local municipality may make, amend or repeal by-laws:

(1)  to prevent any person from setting off fireworks or fire-crackers, discharging fire-arms, or lighting fires in the open air, in the streets or roads, or in the neighbourhood of a building, grove or fence;

(2)  to prescribe how and where stoves, grates and stove pipes may be placed, and the manner of making chimneys, furnaces and ovens of every description, and to regulate their use;

(3)  to organize, maintain and regulate a fire prevention department and entrust any person with the organization or maintenance of the department;

(4)  to oblige persons wishing to erect in the future a saw mill or carpentry shop worked by machinery operated by steam or electricity, or by gasoline or crude oil motive power, to notify the municipal council of their intention of so doing. Within the 30 days following said notification the council may, by resolution, object to the erecting of said saw mill or carpentry shop, and in the event of the municipal council so objecting, the said saw mill or carpentry shop shall not be erected.

Any interested party may appeal from such decision to the Director General of Fire Prevention appointed under the Fire Prevention Act (chapter P-23) who shall have full power to enquire into all facts relating thereto and to decide accordingly;

(5)  (a)  to require the owner of a dwelling or of a building not subject to Chapter III of the Building Act (chapter B-1.1) to instal therein one or several of the following apparatuses or devices: a smoke detector, a heat detector, an alarm system, an automatic sprinkler, a fire extinguisher, a fire hose, any other fire warning, fire extinguishing or fire fighting apparatus or device, or a fire escape;

(b)  to require a level of quality for any apparatus or device it requires to be installed, particularly by reference to standards prescribed or approval given by a third person;

(c)  to prescribe the place in a dwelling or in a building contemplated in subparagraph a where each apparatus or device must be installed;

(d)  to grant to the owner of a dwelling or of a building, even a building contemplated in Chapter III of the Building Act, a subsidy to cover the whole or part of the cost of installing an apparatus or a device, on such conditions as it may determine, notwithstanding the Municipal Aid Prohibition Act (chapter I-15);

(e)  to require the owner, lessee or occupant of a dwelling or a building contemplated in subparagraph a to keep the apparatus or device in good working order;

(f)  to prescribe upkeep or installation standards for the apparatus or devices, particularly by reference to standards prescribed by a third person;

(g)  to establish categories of dwellings, buildings, apparatuses or devices and to prescribe different rules for each category;

(6)  to prohibit the erection and installation of chimneys, hearths, fireplaces, stoves, stovepipes, ovens, boilers and any other appliance the use of which may be dangerous, and order the removal thereof;

(7)  to prohibit the depositing of ashes or the accumulation of shavings, waste or other inflammable matter in places where their deposit or accumulation may be dangerous;

(7.1)  to regulate or prohibit the storage or use of gun-powder, dry pitch, resin, petroleum, benzine, naphtha, gasoline, turpentine, guncotton, nitro-glycerine and other combustible, explosive, corrosive, toxic, radioactive or other materials harmful to public health or safety, in its territory or within 1 km therefrom; by-laws passed under this paragraph in respect of corrosive, toxic or radioactive materials require the approval of the Minister of the Environment and Wildlife;

(8)  (a)  to impose minimum standards of quality for any domestic, commercial or industrial heating or cooking appliance or equipment, in particular, by reference to standards prescribed or approval given by a third person;

(b)  to prescribe installation and maintenance standards for the appliance or equipment, in particular, by reference to standards prescribed by a third person;

(c)  to establish classes of immovables, appliances or equipment and enact different rules for each of them.

M.C. 1916, a. 407; 1924, c. 85, s. 1; 1949, c. 59, s. 62; 1973, c. 38, s. 90; 1979, c. 36, s. 31; 1982, c. 63, s. 33; 1983, c. 57, s. 17; 1985, c. 27, s. 47; 1986, c. 32, s. 3; 1994, c. 17, s. 21; 1996, c. 2, s. 300; 1998, c. 31, s. 40.

DIVISION XIX.1 ALARM SYSTEMS

1985, c. 27, s. 48.

555.1. Every local municipality may make, amend or repeal by-laws

(a)  to regulate the installation and operation of alarm systems, to require a licence for that purpose and to fix the conditions for obtaining the licence;

(b)  to allow the municipality to claim the reimbursement of the cost it may incur where such a system is defective or operates improperly;

(c)  to allow the municipality to connect the alarm system of any person, upon an agreement with the person, to a control centre situated in a municipal building and to authorize the levy of a charge for the service;

(d)  to require every person who has an alarm system on the day of coming into force of a by-law passed pursuant to this article to notify in accordance with the procedure established by the council, the person designated by the council;

(e)  to authorize, in the cases and on the conditions fixed in the by-law, an officer or employee of the municipality to interrupt the sound signal of an alarm system and to enter for that purpose an immovable not belonging to the municipality if no one is in it at that time.

1985, c. 27, s. 48; 1996, c. 2, s. 455.

DIVISION XX IMPROVEMENT OF WATER SITES AND PROTECTION AGAINST FLOODING

1985, c. 3, s. 1.

555.2. Every local municipality, for the object of improving the quality of water sites and promoting access thereto, may make, amend or repeal by-laws to order development works on the beds, including the banks or shores and the lands bordering thereon, of municipal or other lakes and watercourses situated in its territory, and works to control their water-level.

The municipality may execute the works on its own immovables, on any privately owned immovable with the concurrence of the owner or, according to law, on immovables forming part of the public domain.

In the case of works on a privately owned immovable, the works constructed become the property of the owner of the immovable, who thereby becomes responsible for their upkeep. If the owner fails to do the upkeep, the local municipality may do it at his expense.

1985, c. 3, s. 2; 1996, c. 2, s. 455.

556. Every local municipality may make, amend or repeal by-laws to order embankment works to protect all or part of the territory of the municipality against flooding.

1979, c. 83, s. 1; 1996, c. 2, s. 301.

DIVISION XXI WATER AND LIGHT

557. Every local municipality may make, amend or repeal by-laws:

(1)  to provide for the establishment, protection and management of waterworks, sewers, public wells or reservoirs, and to prevent the same from being fouled or water from the same being wasted and to acquire, by mutual agreement or by expropriation, any system of waterworks, of sewerage, of public wells and of reservoirs existing in its territory or extending outside its territory in the case where the expropriation is made by the municipality in whose territory the main part of such waterworks is situated;

(2)  to grant, for a term of not more than 25 years, to any company, person or firm of persons, undertaking to construct a system of waterworks, sewers, a public well or reservoir, or assuming the management thereof, the exclusive privilege of laying pipes to supply water or for sewers in the whole territory of the municipality or in any part thereof; and to enter into a contract for such supply of water or for the use of such sewers for one or more years, but not for a period of more than 25 years. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval;

(3)  (a)  to exact over and above any tax for the establishment or maintenance of waterworks, sewers, wells or reservoirs, a compensation which may vary for each class of users or that may be established for the water or for the sewer service, according to such tariff as it deems advisable, from every proprietor, lessee or occupant of any house, shop or other building, whether or not the latter avail themselves of the water or of the sewers, if, in the latter case, the council has notified them that it is prepared to bring the water or the sewers, at its own expense, as far as the line of the street in front of their houses, shops or buildings.

Such a by-law needs no approval. Notwithstanding articles 453, 1076 and 1077, any by-law or provision of a by-law made under this subparagraph may be repealed or amended without approval.

(b)  every proprietor having one or more tenants, subtenants or occupants, is liable for the payment of such compensation in the event of his refusing or neglecting to furnish a separate and distinct supply pipe to each such tenant, sub-tenant or occupant;

(4)  to provide for the payment of an annual subsidy to any company, person or firm of persons undertaking the construction of any waterworks, public well or reservoir, during such period as may be agreed upon. Every by-law made under this paragraph must be submitted to the qualified voters and to the Government for approval; where it is necessary to hold a referendum poll, approval of the by-law by the qualified voters requires not only that the number of affirmative votes be greater than the number of negative votes but also that it be equal to or greater than one third of the number of qualified voters;

(5)  to provide for the lighting:

(a)  of the whole of its territory, at its expense, or of any part of its territory, at the expense of the ratepayers of that part;

(b)  of any part of its territory, at its expense or at the expense both of the municipality and of the ratepayers of the lighted part, in such proportion as may be determined by the by-law.

Such a by-law requires no approval. Notwithstanding article 453, a by-law or any provision of a by-law adopted under this paragraph which came into force before 27 June 1975 may be replaced or amended without approval;

(6)  to provide for the installation and operation of lighting, heating or power development systems, by means of gas or electricity, for the requirements both of the public and of individuals or corporations requiring the same in their houses, buildings or establishments.

The council is vested with all the powers necessary for the above purposes. It may, by by-law, fix the price of gas or electricity supplied to individuals or corporations; it may likewise, in order to meet the interest on the money expended and to create a sinking-fund therefor, impose upon all the taxable immovable property in the whole territory of the municipality or in any part thereof, a special annual tax, the allotment of which shall be based upon the valuation roll in force at the time it is imposed.

But whenever the revenue of the system exceeds, in any year, the cost of its operation and of its upkeep, the council may employ the excess of receipts over expenses to pay the interest, or may pay it into the sinking-fund, and during the next year, decrease by so much the tax on immovables imposed for such purpose, or even suspend the collection thereof if the surplus revenue be sufficient for the interest and the sinking-fund premium, and that by means of a simple resolution.

At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Commission municipale du Québec, on a petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions, as it may determine.

In addition, the municipality may make by-laws to prevent fraud in respect of the quantity of gas or electricity supplied and to protect the wires, pipes, equipment and other implements used for the supplying of gas or electricity;

(7)  to prescribe that poles and other supportive facilities, though owned by one person, must, in the whole territory of the municipality or in any part thereof designated by the council, be utilized in common by every telephone, telegraph, electric supply and cable-delivery undertaking and by any other service.

The by-laws ordering such utilization in common come into force and have effect on approval, with or without amendment, by the Régie de l’énergie.

An appeal lies to the Régie de l’énergie by a motion of any interested party, from any resolution, decision or act whatsoever of the municipality, in any matter relating to such utilization in common.

Such appeal must, under pain of nullity, be brought within 30 days of the date of receipt, by the interested party, of a notice announcing the fact appealed from.

If the notice is sent by mail, it is deemed received on being mailed.

The appeal is made by means of an inscription filed with the Régie de l’énergie; notice thereof must be served on the adverse party or on his attorney.

Any dispute between interested parties arising out of the utilization in common must be submitted to the Régie de l’énergie;

(8)  to provide for the establishment and administration of a radio and television community antenna system for public needs and the needs of those individuals or corporations who wish to use it in their houses, buildings or establishments; paragraph 6 applies mutatis mutandis to this provision. However, the council shall not, in exercising the powers granted by this paragraph, acquire by expropriation the systems existing in the territory of the municipality;

(9)  to compel the owners or occupants of lands situated both in the territory of the municipality and in neighbouring local municipal territories not more than 48 km distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the territory of the municipality with water or light, to be carried on, and the taking possession, for the purpose of supplying and feeding such waterworks and other hydraulic constructions, of the lakes, non-navigable rivers, ponds, springs, and watercourses having their source of flowing on private property; without, however, prejudicing the rights of the riparian proprietors to make use thereof, as well under the common law as under the laws respecting watercourses, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(10)  to provide for the taking of the whole or any part of the drainage basin of any lake, non-navigable river, pond, spring or watercourse situated in the territory of the municipality or within a radius of not more than 48 km therefrom, which the council may deem necessary in connection with the supply of pure water to the inhabitants of the territory of the municipality, subject to the indemnity to be determined by agreement with the interested parties, or, failing such agreement, in conformity with article 560;

(11)  to take possession of any immovable or servitude, situated in the territory of the municipality or within a radius of 48 km therefrom, which the council deems necessary for the establishment of sewers or accessory works, such as septic tanks, in return for an indemnity fixed by agreement or, failing agreement, in accordance with article 560;

(12)  (a)  to transfer its rights and powers, respecting the supplying of water, or respecting sewers to any company, person or firm of persons wishing to take charge thereof; provided that such company, person or firm does not exact, for the supplying of the water, or for the use of sewers, higher rates than those fixed and approved by by-law; and the municipality may take stock in such company, or lend money to such company, person or firm of persons;

(b)  if the price of the shares fixed by such by-law is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the municipality has ordered a bond issue, or a loan to be contracted, sufficient to cover the amount of shares to be subscribed for.

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302; 1997, c. 83, s. 43.

557.1. Any local municipality may, with Hydro-Québec, constitute a limited partnership governed by the Civil Code of Québec (Statutes of Québec, 1991, chapter 64) having, among other objects, the object of producing electricity.

1997, c. 93, s. 76.

557.2. Hydro-Québec must furnish, at all times, at least half of the contribution to the common stock of the partnership referred to in article 557.1, and must be the partnership’s general partner.

1997, c. 93, s. 76.

558. The council may enact by by-law that the compensation authorized by article 557 must, in all cases, be paid by the property-owners.

1931-32, c. 103, s. 6; 1941, c. 69, s. 16.

559. When a property-owner is liable for the payment of the compensation contemplated by paragraph 3 of article 557 or by article 558, the claim of the municipality is considered to be a tax imposed on the immovable by reason of which the compensation is due.

1935, c. 108, s. 6; 1941, c. 69, s. 17; 1992, c. 57, s. 486; 1994, c. 30, s. 94; 1996, c. 2, s. 455.

560. If the municipality, or the company, person or firm of persons in the rights of the municipality, cannot agree with the owners or occupants of the lands upon the amount of the indemnity contemplated by paragraphs 10, 11 and 12 of article 557, the expropriation is proceeded with in the manner indicated in this Code.

M.C. 1916, a. 409; 1945, c. 70, s. 6; 1996, c. 2, s. 455.

561. The municipality may make agreements to supply water outside its territory, provided that the persons to whom water is supplied comply with the by-laws respecting the administration of the waterworks.

1945, c. 70, s. 7; 1996, c. 2, s. 303.

562. The council may pass by-laws to order that meters shall be furnished to be placed in the buildings or other establishments of consumers, in order to measure the quantity of water supplied and to fix the rent of such meters.

The council may also enter into special agreements with consumers for the supply of water, in cases where the quantity supplied exceeds the level of ordinary consumption.

1953-54, c. 31, s. 4.

563. Any local municipality may make, amend or repeal by-laws:

(1)  (paragraph repealed);

(2)  to oblige every owner of an immovable to instal a check-valve therein in order to prevent any back-flow of sewage. Should the owner fail to instal such check-valve or safety device in accordance with the by-laws passed under this paragraph, the municipality shall not be liable for damages caused to the immovable or its contents through flooding occasioned by the back-flow of sewage;

(3)  (a)  to require the owner of an immovable to instal therein and keep in good working order an apparatus or device intended to reduce the risk of any back-flow from a sewer or the consequences of such back-flow, and to provide, in the case of an immovable already erected, a time period to enable the owner to meet that requirement;

(b)  to require a level of quality for any apparatus or device it requires to be installed, and to prescribe standards for the installation or maintenance of the apparatus or device, particularly by reference to standards prescribed or approval given by a third person;

(c)  to grant a subsidy to the owner, on the conditions prescribed by by-law and notwithstanding the Municipal Aid Prohibition Act (chapter I-15), to enable the owner to meet the requirement set out in subparagraph a;

(d)  to divide the territory of the municipality into sectors, to establish classes of immovables, to establish any combination consisting of a sector and class, to provide that the by-law shall apply only in one or more such sectors, to one or more such classes or to one or more such combinations, and to prescribe different rules according to the sectors, classes or combinations.

1979, c. 36, s. 33; 1996, c. 2, s. 455; 1997, c. 93, s. 77; 1998, c. 31, s. 41.

563.0.1. Any local municipality may, at the expense of the owner, construct private conduits, water intakes and sewer outlets and connect private conduits with public conduits. For that purpose, the council may, by by-law,

(1)  prescribe that all works to effect the connection be performed by the municipality or be performed under the supervision of its representative;

(2)  prescribe that the owner deposit before the works begin a sum fixed by the council to ensure immediate payment of the total cost of the works;

(3)  prescribe the mode, materials and time of construction and connection.

Any sum owed by the owner under the first paragraph constitutes a prior claim on the immovable in respect of which the works are performed, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64). The cost is secured by a legal hypothec on the immovable.

1997, c. 93, s. 78.

563.1. A local municipality may suspend the supply of water to a person who has failed to pay a sum required for such service and who, on the lapse of 30 days after the sending of the notice provided for in the second paragraph, has omitted to remedy such failure. The suspension shall continue until the sum is paid.

The secretary-treasurer shall send to the person, by registered or certified mail, a notice informing him of his failure to pay and of the suspension of the supply of water to which he may be subject under the first paragraph.

1996, c. 27, s. 63.

563.2. A local municipality may suspend the supply of water to a person who makes abusive use of the water or whose equipment causes water to be wasted or the quality of the water to deteriorate, and who, on the lapse of 10 days after the sending of the notice provided for in the second paragraph, has omitted to take the required corrective measures. The suspension shall continue until such measures are taken.

The competent officer shall send to the person, by registered or certified mail, a notice exposing the problem, indicating the corrective measures to be taken and informing the person of the suspension of the supply of water to which he may be subject under the first paragraph.

1996, c. 27, s. 63.

563.3. The sum required for the supply of water, except to the extent that it is related to actual consumption, shall remain payable throughout the period in which the service is suspended under article 563.1 or 563.2.

1996, c. 27, s. 63.

DIVISION XXII PUBLIC PLACES

564. Every local municipality may make, amend or repeal by-laws:

(1)  to open, enclose, embellish, improve and maintain, at its expense, squares, parks or public places of a nature to conduce to the health and well-being of the inhabitants of the territory of the municipality;

(2)  to establish, equip, maintain and improve recreation centres and playgrounds or to contribute to their establishment; and also, to enter into agreements with any school board, teaching establishment or religious authority to jointly establish, equip, maintain and improve recreation centres and playgrounds and determine the contributory share of each party to such agreements.

Any agreement contemplated in this paragraph may be made by resolution.

M.C. 1916, a. 410; 1946, c. 55, s. 7; 1975, c. 82, s. 26; 1983, c. 57, s. 18; 1988, c. 84, s. 700; 1996, c. 2, s. 304.

DIVISION XXIII INFRACTIONS OF MUNICIPAL BY-LAWS RELATING TO TRAFFIC, PARKING AND PUBLIC SAFETY

565. A local municipality may adopt, amend or repeal a by-law to prescribe that a police officer or a constable may issue a statement of offence at the time of the commission of an offence under a provision of a municipal by-law relating to traffic, parking or public safety, and that a person whose services are retained by the council for such purpose may issue such a statement at the time of the commission of an offence under a provision of a municipal parking by-law.

The person thus authorized to issue a statement of offence shall also be empowered to move or cause to be moved a motor vehicle for snow removal or in cases of emergency determined by by-law.

The fine requested on the statement of offence shall not exceed $30 for a parking infraction and $75 for an offence under a provision of any other by-law referred to in this article, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum provided for in the said Code for an offence in respect of the same matter.

1977, c. 18, s. 2; 1979, c. 36, s. 34; 1982, c. 63, s. 34; 1986, c. 91, s. 655; 1990, c. 4, s. 250; 1992, c. 27, s. 38; 1992, c. 61, s. 191.

566. (Repealed).

1979, c. 36, s. 35; 1990, c. 4, s. 251; 1992, c. 61, s. 192.

DIVISION XXIII.1 PARKING

1996, c. 27, s. 64.

566.1. Every local municipality may adopt, amend or repeal by-laws to regulate or prohibit the parking of vehicles on any land or in any building intended for parking and to determine the lands and buildings so regulated, after an agreement with the owners.

1985, c. 27, s. 49; 1996, c. 2, s. 455.

566.2. A local municipality may adopt, amend or repeal by-laws

(1)  to require the owner of a building subject to Chapter III of the Building Act (chapter B-1.1) to see to it that priority lanes for emergency vehicles are laid out in the vicinity of such a building, to prohibit all other vehicles from parking in the priority lanes, and to define “emergency vehicle”;

(2)  to exempt any category of buildings it determines from the rules established under paragraph 1;

(3)  to prescribe that any contravention of the parking prohibition prescribed under paragraph 1 is assimilated to a contravention of the street parking by-law in the territory of the municipality and that the rules on the towing and impounding of vehicles that hinder roadwork apply to any illegally parked vehicle.

1986, c. 32, s. 4; 1996, c. 2, s. 305.

566.3. Every local municipality may, by by-law, grant persons of any group it determines the exclusive right to park their vehicles on the roadway of certain streets provided such right is indicated by means of appropriate signs, and prescribe other conditions which may vary according to the streets, groups or combinations of streets and groups.

1996, c. 27, s. 65.

DIVISION XXIV SIDEWALKS, CROSSINGS AND UNDERGROUND DRAINS

567. Every local municipality may make, amend or repeal by-laws for the making and maintaining at its expense, wholly or in part, of sidewalks, crossings or underground drains.

Article 802 applies, with the necessary modifications, when a by-law has been passed under this article.

M.C. 1916, a. 411; 1996, c. 2, s. 455.

567.1. Every local municipality may make, amend or repeal by-laws to provide for and regulate the construction and use of cycle lanes or pedestrian paths.

1985, c. 27, s. 50; 1996, c. 2, s. 455.

568. Every local municipality may also make, amend or repeal by-laws:

(1)  to oblige the owners of lands situated on roads belonging to trustees of turnpike roads, on municipal or other roads, or on public places, in the whole territory of the municipality or in any part thereof, to make and maintain on such roads or public places, adjacent to their respective properties, sidewalks of wood, stone or other material decided upon;

(2)  to oblige such owners to make and maintain underground drains in front of their respective properties as well as crossings to communicate from one side of the street or road to the other;

(3)  to determine the manner in which such sidewalks, crossings or drains must be made or maintained; and even to construct them at the expense of the municipality, in conformity with article 567, or by apportionment upon any part of the territory of the municipality.

Every sidewalk constructed, reconstructed or relocated after 15 February 1979 must be so done in such a manner as to facilitate access to it by handicapped persons within the meaning of the Act to secure the handicapped in the exercise of their rights (chapter E-20.1) and to facilitate their use of it;

(4)  to have the sidewalks cleared of snow and levy the cost thereof in conformity with subarticle 2 of article 752.

M.C. 1916, a. 412; 1978, c. 7, s. 81; 1979, c. 36, s. 36; 1996, c. 2, s. 306.

DIVISION XXV INTERMUNICIPAL AGREEMENTS

§ 1 . — Agreement

569. Every local municipality may make an agreement with any other municipality, regardless of the law governing it, relating to all or part of any field within its jurisdiction.

Where several municipalities, by means of an agreement, share the services of an officer whom each municipality must have or appoint according to law, each party to the agreement is deemed to comply with that obligation.

1968, c. 86, s. 33; 1969, c. 82, s. 9; 1979, c. 83, s. 2; 1982, c. 63, s. 35; 1983, c. 57, s. 19; 1984, c. 38, s. 59; 1992, c. 65, s. 29; 1996, c. 2, s. 455; 1996, c. 27, s. 66; 1998, c. 31, s. 42.

569.1. (Repealed).

1985, c. 27, s. 51; 1986, c. 32, s. 5.

570. The agreement mentioned in article 579 must be approved by the Minister of Municipal Affairs.

When submitted for approval, the agreement must be accompanied with the resolutions by which it was authorized.

The first two paragraphs also apply to any agreement amending the agreement mentioned in article 579.

1979, c. 83, s. 2; 1994, c. 33, s. 30; 1996, c. 27, s. 67.

571. (Repealed).

1979, c. 83, s. 2; 1996, c. 27, s. 68.

572. The agreement must include:

(1)  a detailed description of its object;

(2)  the mode of operation, determined in accordance with article 576;

(3)  the mode of apportionment of the financial contributions among the municipalities that are parties to the agreement;

(4)  an indication of the term of the agreement and, where such is the case, the terms and conditions of its renewal;

(5)  where the agreement is contemplated in the second paragraph of article 574, a palliative measure for the case where actual consumption exceeds maximum capacity of consumption;

(6)  the apportionment of the assets and liabilities relating to the implementation of the agreement, when the agreement is terminated.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

573. The financial contribution of each municipality must include:

(1)  the capital expenditures of an intermunicipal nature incurred before or after the agreement;

(2)  the operating cost related to the object of the agreement.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

574. The payment of capital expenditures is made in accordance with the mode of apportionment contained in the agreement.

However, where the object of the agreement is the supply of drinking water or the management of waste water, it must fix a maximum capacity of consumption for each municipality, taking into account the potential use of the goods and services contemplated. The payment of capital expenditures is then made in proportion to the maximum capacity of consumption of each municipality.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

575. The operating cost must be apportioned according to the actual consumption of each municipality, which must not exceed, as the case may be, the maximum capacity of consumption determined in accordance with the second paragraph of article 574.

Where the criterion of apportionment mentioned in the first paragraph is not applicable to the object of the agreement, the agreement must provide an alternate method for that purpose.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

576. The agreement must provide one of the following modes of operation:

(1)  the supply of services by one of the municipalities that are parties to the agreement;

(2)  the delegation of a jurisdiction, except that of making by-laws or imposing taxes, from one municipality to another;

(3)  intermunicipal management.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1998, c. 31, s. 43.

577. In the case of the supply of services or delegation of jurisdiction, the agreement may provide for the creation of a committee for the purposes of its implementation. In all cases, however, the expenditure of money may be authorized exclusively by the council of each municipality.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

578. The municipality to which another municipality that is a party to the agreement has delegated its jurisdiction has all the powers necessary for the carrying out of the agreement, including the power to carry out work on the territory of the other municipality and to acquire and possess property in that territory.

Where the municipality to which the jurisdiction is delegated is a regional county municipality, it shall have, for the purposes of the agreement, all the powers of every local municipality having delegated its jurisdiction, except that of making by-laws or imposing taxes.

A regional county municipality referred to in the second paragraph may, however, pass any by-law that may be passed by a local municipality, required for the acquisition, establishment or operation of a property or service or for the carrying out of work provided for in the agreement.

Where a contract must be awarded in accordance with articles 935 and 936, the population to be taken into consideration is the combined population of the municipalities that are parties to the agreement.

1979, c. 83, s. 2; 1987, c. 102, s. 42; 1994, c. 33, s. 31; 1995, c. 34, s. 37; 1996, c. 2, s. 307; 1998, c. 31, s. 44.

§ 2 . — Intermunicipal management board

579. Where the agreement provides for the establishment of an intermunicipal management board, in addition to the particulars mentioned in article 572 the agreement must contain:

(1)  the intended name of the management board;

(2)  the place of its head office, which must be situated in the territory of one of the municipalities that are parties to the agreement;

(3)  the number of votes, which may be in number and in value, granted to each member of the board of directors.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

580. Where an agreement mentioned in article 579 is submitted to the Minister of Municipal Affairs, he may approve the agreement and order the establishment of the intermunicipal management board.

The order must indicate the object of the agreement and set forth such other provisions of the agreement as the Minister considers necessary. It must also indicate the date and place of the first meeting of the board of directors of the management board.

The Minister may amend the order he has issued if the agreement submitted to his approval is amended.

The order, or any amendment to it, comes into force when a notice of its issuance is published in the Gazette officielle du Québec.

1979, c. 83, s. 2; 1990, c. 85, s. 117; 1994, c. 33, s. 32.

581. The management board is a corporation within the meaning of the Civil Code of Lower Canada; it is vested with the general powers of such a corporation and the special powers conferred on it by this Code.

It is composed of the members of the board of directors.

1979, c. 83, s. 2.

582. The function of the management board is to carry out the object of the agreement.

1979, c. 83, s. 2.

583. All the revenues of the management board must be used for the performance of its obligations and the carrying out of the object of the agreement.

1979, c. 83, s. 2.

584. The board has jurisdiction in the territory of the municipalities that are parties to the agreement.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

585. The affairs of the management board are administered by a board of directors composed of delegates from the municipalities in whose territory the management board has jurisdiction.

The number of delegates from each municipality must be fixed in the agreement and set forth in the order of the Minister establishing the management board.

The municipality must select each delegate from among the members of its council.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

586. At the first meeting, held within 60 days of the coming into force of the order establishing the management board, the board of directors must appoint a chairman from among its members.

The term of office of the chairman is one year and it may be renewed.

The chairman presides the meetings of the board of directors and directs the discussions. He maintains order and decorum.

Meetings of the board of directors are public.

1979, c. 83, s. 2.

587. At the first meeting, the board of directors must also appoint the secretary and the treasurer of the management board.

It may appoint a secretary-treasurer to discharge both offices.

1979, c. 83, s. 2.

588. A majority of the members of the board of directors is a quorum thereof.

1979, c. 83, s. 2.

589. Decisions of the board of directors are taken by a majority of the votes.

1979, c. 83, s. 2.

590. Each member is entitled to the number of votes fixed in the agreement and is bound to vote, unless he is prevented therefrom by reason of his interest in the matter concerned under the Act respecting elections and referendums in municipalities (chapter E-2.2). The chairman is not bound to vote.

In case of a tie-vote, the decision is deemed to be negative.

1979, c. 83, s. 2; 1987, c. 57, s. 756.

591. (Repealed).

1979, c. 83, s. 2; 1987, c. 57, s. 757.

592. A member of the board of directors ceases to form part of it if he ceases to be a member of the municipal council for which he was appointed.

However, such a person does not cease to hold office at the expiry of his term as a member of the municipal council if he is reelected at the election held after the expiry of his term and if, after his reelection, he has made the required oath within the prescribed time.

1979, c. 83, s. 2; 1987, c. 57, s. 758; 1989, c. 56, s. 8.

593. The resignation of a member of the board of directors is effective from the remittance of a writing to that effect to the secretary, who remits it to the board of directors at the next meeting.

1979, c. 83, s. 2.

594. Any vacancy on the board of directors must be filled within 30 days.

1979, c. 83, s. 2.

595. The provisions of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) with respect to the remuneration fixed by municipal by-law, the expense allowance and the reimbursement of expenses, except the provisions relating to the minimum amount of remuneration thus fixed, apply, adapted as required, to the management board.

1979, c. 83, s. 2; 1982, c. 63, s. 36; 1996, c. 27, s. 69.

596. The board of directors shall appoint, whenever it deems it advisable, any officer or employee it considers necessary for the operation of the management board.

1979, c. 83, s. 2; 1984, c. 38, s. 60.

597. The board of directors has its meetings at such times as it may determine by resolution.

It also meets at the written request of the chairman, or of one-third of its members, addressed to the secretary. The request must mention the subjects proposed for consideration.

The notice of meeting addressed by the secretary to the members of the board of directors must be drawn up and served in the manner prescribed by a resolution of the board of directors. The request must mention the subjects proposed for consideration.

1979, c. 83, s. 2.

598. The board of directors may make by-laws for its internal management.

1979, c. 83, s. 2.

599. The minutes of the meetings drawn up by the secretary and approved by the board of directors, and the copies and extracts certified true by the secretary or the person in charge of access to documents of the management board, make proof of their content.

1979, c. 83, s. 2; 1987, c. 68, s. 45.

600. The registers and documents in the possession of the secretary and forming part of the records of the management board and the account books of the treasurer may be examined by any person during regular working hours.

The person in charge of access to documents of the management board must issue to any person applying therefor, copies or extracts of the documents referred to in the first paragraph.

1979, c. 83, s. 2; 1987, c. 68, s. 46.

601. In the pursuit of its objects, the management board may:

(1)  have a seal;

(2)  acquire movable or immovable property by agreement or expropriation, purchase, gift, legacy or other means;

(2.1)  alienate for valuable consideration any movable or immovable property; each month the secretary shall publish a notice concerning any property having a value greater than $10 000 that has been alienated by the management board otherwise than by auction or by public tender; the notice shall describe each property and indicate, opposite each property, the price of alienation and the identity of the purchaser;

(3)  where the object of the agreement is the supply of drinking water, the management of waste water or the development or operation of an airport, acquire, by agreement or expropriation, immovables within a radius of 50 kilometres outside the territory in which it has jurisdiction and dispose of it in the manner provided in paragraph 2.1;

(4)  enter into contracts, transact business, bind itself and bind others to itself, within its powers;

(5)  issue, endorse, transfer, accept or receive notes, bills of exchange, cheques, bonds, debentures or other negotiable instruments;

(6)  sue and be sued.

1979, c. 83, s. 2; 1982, c. 63, s. 37; 1984, c. 38, s. 61; 1994, c. 33, s. 33; 1995, c. 34, s. 38.

602. The fiscal period of the management board begins on 1 January and terminates on 31 December.

The expenses of the management board are charged to the municipalities in whose territory it has jurisdiction. The expenses are apportioned in the manner prescribed in articles 573 to 575.

However, the management board must reduce the contribution collected from the municipalities by any amount received as a subsidy, gift or legacy.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

603. Every year, the management board must prepare a budget for the next fiscal period and submit it for adoption, before 1 October, to each municipality whose territory is under its jurisdiction.

It must at the same time indicate to each municipality an estimate of its financial contribution for the next fiscal period.

The budget must be adopted by not less than two-thirds of the municipalities. If the budget is thus adopted before 1 January, it comes into force on that date. If it has not been adopted by that date, it comes into force 15 days after its adoption by not less than two-thirds of the municipalities.

Where the budget has not come into force on 1 January, one of the municipalities may apply for conciliation on that point and article 622 applies, with the necessary modifications. The recourse provided by article 623 cannot be exercised in that case.

1979, c. 83, s. 2; 1982, c. 2, s. 16; 1996, c. 2, s. 455; 1996, c. 27, s. 70.

604. If the budget comes into force after 1 January, this section applies, until that coming into force, as if, at the beginning of each three month period of the fiscal period, one quarter of the budget of the preceding fiscal period was adopted.

1979, c. 83, s. 2.

605. The management board may, during a fiscal period, draw up any such supplementary budget as it deems necessary. It must submit it for adoption within 15 days to each municipality whose territory is subject to its jurisdiction.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

605.1. The budget and the supplementary budget must be transmitted to the Minister of Municipal Affairs within 30 days of their adoption by not less than two-thirds of the municipalities in the territories of which the management board has jurisdiction.

The Minister may order that the budgets be transmitted by means of a form furnished by him for that purpose.

Upon sufficient proof that the management board is unable to draw up or transmit its budget within the prescribed time, the Minister may grant any extension of time he fixes. The budget and the supplementary budget of a management board contemplated in article 535 or 538 must also be transmitted to the Minister of Transport within the time limit fixed under this article.

1985, c. 27, s. 52; 1996, c. 2, s. 455.

606. The management board may, by by-law approved by the Minister of Municipal Affairs and the municipalities in the territory under its jurisdiction, contract loans for purposes within its competence by notes, bonds or other securities.

1979, c. 83, s. 2; 1984, c. 38, s. 62; 1992, c. 27, s. 39; 1996, c. 2, s. 455.

607. Once the by-law is passed, the secretary of the management board shall give public notice to the taxpayers of the municipalities in the territory under the jurisdiction of the board. The notice shall be published in a newspaper distributed in the territory of the municipalities.

The notice shall state:

(1)  the number, title, object and date of passage of the by-law;

(2)  the amount of the projected loan and the projected use of the borrowed monies;

(3)  that the taxpayers concerned by the notice have the right to oppose the approval of the by-law by the Minister of Municipal Affairs by sending their written objections to the Minister within 30 days following publication of the notice.

Within 15 days of the passing of the by-law, the secretary of the management board shall send a copy of it to each municipality whose territory is subject to the jurisdiction of the management board.

The council of each municipality shall, at the first regular sitting after receiving the copy, approve or reject the by-law by resolution; the secretary-treasurer shall send a copy of the resolution to the secretary of the management board.

1979, c. 83, s. 2; 1984, c. 38, s. 63; 1996, c. 2, s. 455; 1996, c. 77, s. 28.

608. If all the municipalities have approved the by-law, the secretary of the management board shall send a certified copy of it to the Minister of Municipal Affairs, together with every other document he may require.

Before approving the by-law, the Minister may order each municipality whose territory is under the jurisdiction of the management board to submit the by-law to the qualified voters for approval. A referendum poll must then be held in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The secretary must provide the Minister with any information requested by him with respect to the by-law.

1979, c. 83, s. 2; 1984, c. 38, s. 64; 1987, c. 57, s. 759; 1989, c. 69, s. 4; 1992, c. 27, s. 40; 1996, c. 2, s. 455.

609. The municipalities whose territory is subject to the jurisdiction of the board are jointly and severally liable towards the holders of bonds, notes or other debt securities issued by the board for the repayment thereof, in capital and interest.

1979, c. 83, s. 2; 1992, c. 27, s. 41; 1996, c. 2, s. 455.

610. The bonds, notes or other debt securities issued by the management board must be signed by the chairman and the treasurer of the management board.

1979, c. 83, s. 2; 1992, c. 27, s. 42; 1994, c. 33, s. 34.

611. A bond, note or other debt security is considered validly signed if it bears the signatures of the chairman and of the treasurer in office on the date appearing on the security or at the time it was signed.

1979, c. 83, s. 2; 1992, c. 27, s. 43; 1994, c. 33, s. 35.

612. Cheques issued by the management board must be signed by the chairman and the treasurer.

1979, c. 83, s. 2.

613. A signature may be printed, engraved or otherwise reproduced on a bond, note, debt security or cheque.

1979, c. 83, s. 2; 1992, c. 27, s. 44.

614. Any deficit in a fiscal period must be entered under expenditures in the budget of the following fiscal period.

Any surplus may, subject to the rules established in an agreement under section 13.1 of the Act respecting municipal industrial immovables (chapter I-0.1),

(1)  be entered under revenue in the budget of the following fiscal period, or

(2)  be paid to the municipalities in whose territory the management board has jurisdiction, in the proportion determined under article 574.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1996, c. 27, s. 71.

615. The payment of the contribution of each municipality may be made in one or several instalments in such a manner and at such time as may be fixed by by-law of the management board approved by all the municipalities whose territory is subject to its jurisdiction. If there is no by-law, the demand for payment is made at the beginning of every three month period and the amount due is exigible within 30 days of the mailing of the demand by registered or certified mail. At the expiry of that time it bears interest at the rate determined under section 50 of the Act respecting municipal debts and loans (chapter D-7).

1979, c. 83, s. 2; 1988, c. 84, s. 705; 1996, c. 2, s. 455.

616. Every municipality must pay its contribution:

(1)  out of its general funds not otherwise allocated;

(2)  where the object of the agreement concerns only part of the territory of the municipality, by imposing a special tax in accordance with article 979; or

(3)  by contracting a loan.

1979, c. 83, s. 2; 1996, c. 2, s. 308; 1998, c. 31, s. 45.

617. When the agreement is terminated, the management board can no longer undertake any work. It must, however, continue to administer its day to day business until it is dissolved by the Minister of Municipal Affairs.

1979, c. 83, s. 2.

618. If, within three months after the agreement is terminated, the municipalities that were parties thereto do not renew it or adopt a new agreement to provide for the maintaining of the management board, the latter must, within three months after the expiry of that time, apply for its dissolution to the Minister of Municipal Affairs. Notice of the application must be published in the Gazette officielle du Québec not less than 30 days before being presented to the Minister.

The dissolution is declared by an order of the Minister, and he apportions the assets and liabilities of the management board.

However, if an interested person shows that, for exceptional reasons, the interest of the taxpayers would be better served if the management board were continued, the Minister may order it continued and the agreement prolonged for a period not exceeding that of the original agreement.

Notice of the dissolution or continuance of the management board is published by the Minister in the Gazette officielle du Québec.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

619. The management board is a municipality within the meaning of article 981o of the Civil Code of Lower Canada.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

620. Sections 29.3, 29.5 to 29.9.2, 71, 72, 73.1, 99, 105, the first paragraph of article 105.1, articles 105.2 and 108 to 108.6, paragraphs 8 and 10 of section 464, sections 473, 477.1, 477.2, 554, 555 and 564, subsection 2 of section 567, subsections 1 to 8 of section 573, sections 573.1 to 573.3.1, 573.5 to 573.10 and 604.6 to 604.13 of the Cities and Towns Act (chapter C-19), sections 22 and 23 of the Act respecting the Commission municipale (chapter C-35), sections 1, 2, 4 to 8, 12 to 44 and 50 of the Act respecting municipal debts and loans (chapter D-7) and section 21 of the Act respecting the Ministère des Affaires municipales (chapter M-22.1), adapted as required, apply to the management board.

For the purposes of sections 29.7, 29.9, 29.9.1, 573 and 573.1 of the Cities and Towns Act, the population of a management board shall consist of the combined population of all the municipalities that are parties to the agreement.

1979, c. 83, s. 2; 1982, c. 63, s. 38; 1983, c. 57, s. 20; 1984, c. 38, s. 65; 1985, c. 27, s. 53; 1986, c. 32, s. 6; 1988, c. 84, s. 705; 1992, c. 27, s. 45; 1996, c. 27, s. 72; 1996, c. 77, s. 29; 1997, c. 53, s. 14.

620.1. Notwithstanding article 620, in the case of a management board contemplated in article 535.6 or 538, section 473 of the Cities and Towns Act (chapter C-19) applies, adapted as required, but

(1)  once the program of capital expenditures is adopted, it must be approved by each municipality in the territory of which the management board has jurisdiction;

(2)  a certified true copy of the program and of each resolution approving it pursuant to paragraph 1 must be transmitted by the clerk or the secretary-treasurer to the Minister of Transport not later than 31 October preceding the beginning of the first fiscal year contemplated in the program.

1985, c. 27, s. 54; 1988, c. 76, s. 3; 1996, c. 2, s. 455; 1996, c. 27, s. 73.

621. A management board and a municipality may enter into an agreement under which one provides services to the other or the management board is delegated jurisdiction by the municipality. Articles 569 to 578, 622 and 623, adapted as required, apply to the agreement.

The agreement is valid only for the unexpired period of the agreement under which the management board was established.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1997, c. 93, s. 79.

621.1. Management boards may enter into an agreement under which one management board provides services to the order or delegates part of its jurisdiction to the other, provided that the management board delegating jurisdiction is authorized to do so. That authorization must be set out in the agreement under which the management board was established, or be granted by all the municipalities that are parties to the agreement.

An agreement under the first paragraph is valid only for the shortest of the unexpired periods of the agreements under which the management boards were established.

Articles 569 to 578, 622 and 623, adapted as required, apply to any agreement entered into under the first paragraph.

1997, c. 93, s. 80.

§ 3 . — Miscellaneous provisions

622. Where municipalities are in disagreement as to the implementation of the agreement signed by them, one of them may apply to the Minister of Municipal Affairs to have him designate a conciliator to assist them in achieving an agreement.

Notice of that application must be given to the other party and the intermunicipal management board, if any.

Upon receiving the application, the Minister appoints a conciliator.

The conciliator must make a report of his conciliation to the Minister within the time prescribed by him.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

623. Where the conciliator fails to bring the municipalities to an agreement, the Commission municipale du Québec, at the request of one of them, notice of which is given to the other party and to the intermunicipal management board, if any, may render the arbitration award it considers equitable after hearing the municipalities concerned and the management board and examining the report of the conciliator remitted to it by the Minister. The provisions of the Code of Civil Procedure (chapter C-25) respecting the homologation of arbitration awards apply, adapted as required, to the arbitration award of the Commission.

1979, c. 83, s. 2; 1986, c. 73, s. 4; 1996, c. 2, s. 455; 1997, c. 43, s. 181.

624. The parties to an agreement contemplated by this Section may provide therein that any other municipality may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

A municipality, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

A municipality which joins an agreement must transmit, for approval, a copy of the resolution and, where such is the case, a statement of the conditions not determined in the agreement, to any minister or any body that must approve the agreement.

Not less than 30 days before sending the documents provided for in the fourth paragraph, the municipality must send the same documents to each party to the agreement.

The municipality becomes a party to the agreement once the resolution and, where such is the case, the conditions of joining not determined in the agreement have received every required approval. The agreement is then deemed amended accordingly and the Minister of Municipal Affairs may, if necessary, amend the order establishing the management board which he issued in accordance with article 580.

1982, c. 63, s. 39; 1994, c. 33, s. 36; 1996, c. 2, s. 455.

DIVISION XXVI AIRPORTS

625. Every local municipality may, by by-law, construct and maintain, at the expense of the municipality, airports in its territory or outside its territory, acquire or lease any land necessary for such purpose and enter into agreements with any corporation or person respecting the leasing, operation and sale of the said airports.

1974, c. 81, s. 8; 1979, c. 83, s. 3; 1982, c. 63, s. 40; 1995, c. 34, s. 39; 1996, c. 2, s. 309.

DIVISION XXVI.1 PORTS

1996, c. 77, s. 30.

625.1. A local municipality may, by by-law, acquire, develop, maintain or manage a port within or outside its territory.

1996, c. 77, s. 30.

DIVISION XXVI.2 RAILWAY SIDINGS

1998, c. 31, s. 46.

625.2. A local municipality may acquire, develop, maintain or manage any railway siding to promote the economic development of the local municipality.

1998, c. 31, s. 46.

DIVISION XXVII TWINNING OF MUNICIPALITIES

1996, c. 2, s. 455.

626. Every local municipality may make, amend or repeal by-laws to authorize the making of agreements, on the conditions that it determines, in view of twinning the municipality with another municipality whose territory is situated in Québec or elsewhere.

1983, c. 57, s. 21; 1996, c. 2, s. 310.

DIVISION XXVIII MISCELLANEOUS POWERS

627. Every local municipality may make, amend or repeal by-laws:

(1)  to erect in its territory, if there is no house of detention situated therein, a lock-up house for the incarceration of persons sentenced to a term of imprisonment for not more than 30 days, under this Code or any by-law;

(2)  to oblige the proprietors and occupants of lands to fence the same along municipal roads;

(3)  to enclose, at its own expense, any land recognized as a public cemetery, and to undertake, for consideration, the up-keep of the cemetery;

(4)  to establish, regulate and maintain public drinking founts in the territory of the municipality;

(5)  to have trees planted along municipal roads and public places, at its expense, or at the expense of the ratepayers of a part only of the territory of the municipality; in the latter case, the by-law can be passed only after a petition to the council for such purpose, signed by the majority of the proprietors of real estate along the municipal roads or public places of the part of the territory of the municipality where the trees are to be planted;

(6)  to prevent any person from driving or riding faster than an ordinary trot on municipal roads, or any part thereof, on in public places;

(7)  to prescribe, for the purposes of traffic on municipal roads, the width of wheel tires of vehicles drawn by animals and the maximum weight of the loads that may be conveyed by means of such vehicles and to prescribe, for the purposes of winter traffic on such roads, the size of the vehicles, the manner in which harnessing is to be effected and the equipment that is to be used;

(8)  (paragraph repealed);

(9)  (paragraph repealed);

(10)  to regulate the distribution of circulars, advertisements, prospectuses or other similar printed matters, on the roads, and in public places, as well as in private dwellings, and to authorize such distribution upon issuance of a permit on the conditions determined by the by-law, where such is the case, upon payment of the fee determined by the by-law;

(11)  (paragraph repealed);

(12)  to regulate, restrict to certain zones and license the keeping of rooming-houses and boarding-houses, and determine, for the purposes of such by-law, the meaning of the terms “rooming-houses” and “boarding-houses”;

(13)  to permit, on such conditions as it may determine, or to prepare and maintain grounds set apart for the parking of trailers and, in the latter case, to require the payment of rent; to prohibit the parking of trailers in the streets and public places and forbid the use of trailers and other vehicles as dwellings or commercial establishments outside the grounds specially set apart for that purpose; however, trailers used for a temporary display of commercial or industrial products for a maximum period of three months each year outside residential zones are not contemplated by this paragraph.

M.C. 1916, a. 413; 1921, c. 48, s. 27; 1929, c. 91, s. 1; 1929, c. 92, s. 1; 1946, c. 55, s. 8; 1947, c. 77, s. 18; 1948, c. 49, s. 3; 1969, c. 21, s. 35; 1974, c. 81, s. 9; 1979, c. 36, s. 37; 1984, c. 47, s. 213; 1986, c. 95, s. 87; 1987, c. 57, s. 760; 1992, c. 21, s. 375; 1996, c. 2, s. 311.

627.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every local municipality whose territory is not comprised in that of a regional county municipality or in that of an urban community may, by by-law, give or lend money to an investment fund intended to provide financial support to enterprises in a start-up or developmental phase that are situated in its territory.

The fund must be administered by a non-profit organization established for that purpose and accredited by the Minister of Municipal Affairs.

The by-law must indicate the maximum contribution, not to exceed $500,000, that the municipality may make to the fund.

1996, c. 27, s. 74.

627.1.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every local municipality whose territory is not contained in the territory of a regional county municipality or in the territory of an urban community may, by by-law, establish a fund for the purpose of providing financial support for development operations on land in the public domain or private land situated in its territory.

1998, c. 31, s. 47.

627.1.2. A fund established under article 627.1.1 must be administered by the local municipality. The municipality may, by by-law, delegate all or part of the administration of the fund to any person it designates.

1998, c. 31, s. 47.

627.1.3. In addition to the sums provided for in article 14.16, the fund shall receive, in particular, the sums paid into it pursuant to a forest management contract entered into in accordance with Division II of Chapter IV of the Forest Act (chapter F-4.1).

1998, c. 31, s. 47.

627.2. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), every local municipality whose territory is not comprised in that of a regional county municipality or in that of an urban community shall provide financial support to the local development centre accredited under the Act respecting the Ministère des Régions (chapter M-25.001) serving its territory.

1997, c. 53, s. 15; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 48.

627.3. The local municipality shall make an annual contribution in support of the local development centre referred to in article 672.2 by the payment of a sum the amount of which shall be determined by a by-law it adopts or according to rules prescribed in the by-law.

If there is no such by-law in force at the time of adoption of the budget of the municipality for a fiscal year, the amount of the sum required to be paid by the municipality for the fiscal year is the amount determined in accordance with the regulation under the third paragraph.

The Government may, regulation, prescribe the rules for the determination of the amount of the sum that the municipality is required to pay in the circumstance described in the second paragraph. The regulation may prescribe separate rules for each local municipality referred to in article 627.2.

Where several local development centres carry on their activities in the territory of the municipality, the by-law provided for in the first paragraph shall prescribe rules for the apportionment of the sum among those centres.

1997, c. 53, s. 15; 1997, c. 93, s. 81; 1997, c. 91, s. 50; 1998, c. 31, s. 49.

DIVISION XXIX GENERAL PROVISIONS

628. Every local municipality may, moreover, make, amend or repeal, in the interest of the inhabitants of the territory of the municipality, any other by-law for any object of a local municipal nature only, not specially provided for by this Code.

M.C. 1916, a. 414; 1996, c. 2, s. 312.

629. (Repealed).

1928, c. 94, s. 15; 1982, c. 2, s. 17; 1982, c. 63, s. 41; 1986, c. 95, s. 88.

CHAPTER III OTHER BY-LAWS WITHIN THE JURISDICTION OF LOCAL MUNICIPALITIES

1996, c. 2, s. 455.

DIVISION I PUBLIC MARKETS

630. Every local municipality may, subject to the second paragraph of article 490, make, amend or repeal by-laws:

(1)  to establish, change, abolish or keep in order, public markets or market places, or to permit the establishment thereof; and to regulate the lease of stalls and stands therein, for the sale, or offering for sale, of every description of merchandise or products, or of any specific commodity;

(2)  to determine and define the respective duties and powers of employees of the municipality, of occupants of stalls in the public markets, and proprietors or occupants of private stalls, in the territory of the municipality;

(3)  to prohibit any person resident outside the territory of the municipality from selling or exposing for sale, in the territory, provisions, grain, products, or other merchandise, elsewhere than upon the municipality markets;

(4)  to prohibit any person residing in the territory of the municipality, from cutting up, retailing or weighing any meat, (beef, mutton, lamb, veal, pork, or salt beef,) for the sale thereof, or from exposing the same for sale, on any such markets, elsewhere than in a butcher’s stall or in a stall for the sale of salt provisions; provided that nothing contained in this paragraph shall be deemed to prohibit the sale on such markets, by farmers or hunters, of any kind of meat or venison not cut up, or in quarters only, the whole without prejudice to anything contained in the Act respecting the conservation and development of wildlife (chapter C-61.1);

(5)  to prohibit or allow the sale, by residents or non-residents in the territory of the municipality, of any kind of fresh or unsalted fish, at such places in the territory as may be fixed upon; the whole without prejudice to anything contained in the laws relating to fishing;

(6)  to impose duties on all persons selling on the roads or on the markets or market-places of the municipality, any provisions, vegetables, butcher’s meat, poultry, grain, hay, straw, firewood, shingles or other articles;

(7)  to impose duties upon waggons, carts, sleighs, boats, canoes, and vehicles of all descriptions, in which articles are exposed for sale upon the markets, on the public roads or upon a beach;

(8)  to regulate the manner in which such waggons, carts, sleighs, boats, canoes or vehicles shall be placed on markets or market places, on the roads or upon a beach;

(9)  to restrict and make regulations affecting hucksters, or persons who purchase for the purpose of retailing articles brought into the territory of the municipality;

(10)  to determine whether articles brought into or produced in the territory of the municipality, to which no provision of law applies, must be sold by weight or measure.

M.C. 1916, a. 416; 1982, c. 2, s. 20; 1982, c. 63, s. 44; 1982, c. 64, s. 3; 1996, c. 2, s. 313.

DIVISION II HIGHWAYS AND SIDEWALKS

631. A local municipality may make, amend or repeal by-laws:

(1)  to prohibit the erection or cause the removal, at the expense of the owners or occupants, of any door-steps, stairs, porches, railings, balconies, buildings or other constructions which project beyond the line of the public road, or obstruct public communication, and to compel such owners or occupants to apply for the running of the line of the public highway before building;

(2)  to prohibit the throwing into any public road or lane of any sweepings, filth, dirty water or other ordure, and to order the removal thereof at the expense of the municipality or of those who caused such nuisances;

(3)  to compel the owner or occupant to remove snow and ice from the roofs of houses or other buildings erected on the public highway, and to order the removal thereof by the municipal inspector, at the expense of such owner or occupant who refuses or neglects to do so;

(4)  to prohibit the obstruction of sidewalks, roads and public places;

(5)  to cause the houses and lots situated on the roads in the territory of the municipality to be numbered; to give names to the streets and roads, and to alter the same;

(6)  to have the streets and sidewalks swept, watered and kept clean; and to have the snow removed from the said streets or sidewalks; the whole at the expense of the municipality or by apportionment upon any part of the territory of the municipality;

(7)  to determine the level, line and height of sidewalks, safety and division walls, upon public roads, whenever the council deems it expedient for the convenience, safety or benefit of the inhabitants of the territory of the municipality;

(8)  to acquire, by agreement or by expropriation, perpetual or temporary right of way on any immovable, in favour of a street or public road to which the immovable is adjacent and for the maintenance of which the municipality is responsible, through which access to such street or road from the immovable is prohibited; to order that the servitude applies only to the access of vehicles or a category thereof; to enact that the servitude applies only during certain periods; to establish categories of vehicles and prescribe by-laws for the application of the servitude which differ depending on the categories.

In no case may the municipality acquire a right of way with respect to an immovable under this paragraph if the right of way causes the immovable to be enclosed, or gives access, from that immovable, only to a street or road situated in the territory of another municipality.

In no case may the municipality, without the authorization of the Minister of Transport, avail itself of the provisions of this paragraph with respect to an immovable subject to a no-access servitude acquired by that Minister so as to cause it to be inoperative or to reduce its effect.

M.C. 1916, a. 417; 1982, c. 2, s. 21; 1982, c. 63, s. 45; 1996, c. 2, s. 314.

631.1. Every local municipality may adopt, amend or repeal by-laws to allow traffic to be diverted in streets in the territory of the municipality for the purposes of roadworks, including the removal and clearing of snow, and for any other reason of necessity or emergency, and to grant the competent officers and employees of the municipality the authority and powers necessary for the carrying out of the by-laws made for those purposes, including the removal and conveyance of any vehicle parked where it hinders the work of the municipality, and the towing of such vehicle elsewhere, namely to a garage, at the expense of the owner, with provision that the owner may resume possession of it only upon payment of the actual towing and storage costs.

1985, c. 27, s. 55; 1996, c. 2, s. 315.

DIVISION III PUBLIC HEALTH

632. A local municipality may make, amend or repeal by-laws:

(1)  to regulate the construction of privies and cellars, and the manner in which they shall be drained;

(2)  to compel all owners and occupants of lands on which there are stagnant waters, to drain or fill them up; and, in case of neglect or refusal on the part of such persons, to authorize the officers of the municipality to perform such work at their expense.

M.C. 1916, a. 418; 1982, c. 2, s. 22; 1982, c. 63, s. 46; 1996, c. 2, s. 455.

DIVISION IV PRECAUTIONS AGAINST FIRE

633. A local municipality may make, amend or repeal by-laws:

(1)  to oblige owners or occupants of houses or other buildings to provide themselves with a fixed number of fire-buckets, or with any other apparatus suitable for preventing accidents by fire, and to have ladders from the ground to the roofs of their houses, and thence to the ridge of the roof, and to order that such houses or buildings be not covered with shingles, unless a coat of cement or adhesive mortar, at least 1 cm in thickness, be placed upon the boarded roof, underneath the shingles, and between the two, under a penalty for each contravention of a fine, the amount whereof is fixed by the by-law;

(2)  to prevent any person from entering any cattle-shed, stable, piggery, barn or out-house with a light not enclosed in a lantern, or with a lighted cigar, cigarette or pipe, or from carrying any fire into the same without proper precaution;

(3)  to prevent any person from lighting or having any fire in any out-house, piggery, barn, shed or other building, unless such fire be placed in a chimney or in a metal stove connected with a chimney;

(4)  to prevent any person from carrying fire in or through any public road or way, or through any garden, yard or field, unless such fire is contained in a metal vessel;

(5)  to compel the owners or occupants of barns, hay-lofts or other buildings, containing combustible or inflammable materials, to keep the doors thereof closed;

(6)  to compel the owners or occupants of houses to have their chimneys swept; to determine the manner in which sweeping must be done, and the number of times such chimneys must be swept within a given period; and to appoint the chimney-sweepers to be employed;

(7)  to prevent the sale of any explosive substance after sunset;

(8)  to prevent or regulate the construction of furnaces for making charcoal;

(9)  to determine the manner in which ashes or quick-lime must be kept or stored;

(10)  to prohibit the erection of wooden buildings or fences in the whole territory of the municipality or in any part thereof;

(11)  to prohibit the erection in the territory of the municipality of manufactories or machinery propelled by steam or gasoline; to permit them upon certain conditions or to determine the places in such territory where they may be erected;

(12)  to prevent thefts and depredations at fires;

(13