M-22.1 - Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Updated to 17 June 2005

This document has official status.

chapter M-22.1

Act respecting the Ministère des Affaires municipales et des Régions

1999, c. 43, s. 1; 2003, c. 19, s. 204; 2005, c. 28, s. 196.

DIVISION I ORGANIZATION OF THE DEPARTMENT

1. The Ministère des Affaires municipales et des Régions is under the direction of the Minister of Municipal Affairs and Regions appointed under the Executive Power Act (chapter E‐18).

1984, c. 40, s. 1; 1999, c. 43, s. 2; 2003, c. 19, s. 205; 2005, c. 28, s. 196.

The Minister of Municipal Affairs and Regions is designated under the name of Minister of Municipal Affairs, Regions and Land Occupancy. The Ministère des Affaires municipales et des Régions is designated under the name of Ministère des Affaires municipales, des Régions et de l’Occupation du territoire. Order in Council 1151-2008 dated 18 December 2008, (2009) 141 G.O. 2 (French), 39.

2. The Government, in accordance with the Public Service Act (chapter F‐3.1.1), shall appoint a person as Deputy Minister of Municipal Affairs and Regions.

1984, c. 40, s. 2; 1999, c. 43, s. 3; 2003, c. 19, s. 206; 2005, c. 28, s. 196.

3. Under the direction of the Minister, the Deputy Minister shall administer the department.

He shall, in addition, perform any other duty assigned to him by the Government or the Minister.

1984, c. 40, s. 3.

4. In the discharge of his duties, the Deputy Minister has the authority of the Minister.

1984, c. 40, s. 4.

5. The Deputy Minister may in writing and to the extent he indicates delegate the exercise of powers vested in him by this Act to a public servant or the holder of a position.

In the deed of delegation, the Deputy Minister may authorize the subdelegation of the powers he indicates; in such a case, he shall identify the holder of a position or the public servant to whom the power may be subdelegated.

1984, c. 40, s. 5.

6. The staff of the department consists of the public servants required for the discharge of the Minister’s duties; they are appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.

1984, c. 40, s. 6; 2000, c. 8, s. 242.

DIVISION II RESPONSIBILITIES OF THE MINISTER

1999, c. 43, s. 4.

§ 1 . — Municipal affairs

1999, c. 43, s. 5.

7. The Minister shall see to the good administration of the municipal system in the interest of the municipalities and their citizens.

The Minister shall, in particular,

(1)  see to the organization and maintenance of municipal institutions where justified by the population;

(2)  promote the exercise of democratic procedure in municipalities, particularly by fostering participation in municipal institutions;

(3)  ascertain that the municipal administration is providing sound management of public moneys and is seeing to the welfare of persons within the limits of its jurisdiction;

(4)  supervise the administration and enforcement of the Acts respecting the municipal system;

(5)  assist and support the municipalities in the discharge of their duties;

(6)  advise the Government, other departments and public bodies, and, as the need arises, make recommendations to them on any matter regarding their activities where these affect municipal affairs;

(7)  (subparagraph repealed);

(8)  conduct or commission research, surveys or analyses in municipal affairs.

1984, c. 40, s. 7; 1988, c. 46, s. 2; 1999, c. 40, s. 186.

7.0.1. As Minister responsible for housing, the functions and powers of the Minister shall particularly consist in

(1)  carrying out or causing to be carried out research, studies, inquiries or inventories on the housing needs and housing conditions of the population;

(2)  establishing, in co-operation with the departments, governmental or municipal bodies, groups or individuals concerned, the needs, priorities and goals for all housing sectors in Québec;

(3)  promoting the improvement of housing conditions and citizens’ access to home ownership by any means he may deem proper, including the establishment of financial assistance programs for housing;

(4)  fostering the development and implementation of programs for the construction, acquisition, fitting up, restoration and administration of housing;

(5)  stimulating the development and coordination of public and private initiatives in the field of housing.

1994, c. 12, s. 47.

7.1. (Repealed).

1994, c. 17, s. 56; 2003, c. 19, s. 207; 2005, c. 28, s. 120.

8. (Repealed).

1984, c. 40, s. 8; 1999, c. 43, s. 6.

9. (Repealed).

1984, c. 40, s. 9; 1999, c. 43, s. 6.

10. (Repealed).

1984, c. 40, s. 10; 1999, c. 43, s. 6.

11. Where the Minister is empowered under a legislative provision to approve, authorize or disallow a regulation, a resolution or any other act, he may, before making his decision, seek the advice of the Commission municipale du Québec.

1984, c. 40, s. 11.

12. The Minister may give advice or make recommendations to a municipal council on any aspect of the administration of the municipality.

1984, c. 40, s. 12.

13. Any advice or recommendation contemplated in section 12 shall be sent to the mayor and to the secretary-treasurer or clerk of the municipality by registered or certified mail. The mayor and the secretary-treasurer or clerk shall refer them to the council at its next regular sitting following receipt of the letter.

If the Minister so orders in his letter, the secretary-treasurer or clerk shall publish the letter or, where such is the case, a summary provided by the Minister, in the manner prescribed for the publication of notices by the municipality.

1984, c. 40, s. 13.

14. The Minister, following an investigation under subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), may give instructions to the council of the municipality that was the object of the investigation. The council shall comply with the instructions and take the measures prescribed by the Minister.

Section 13 applies, adapted as required, to the Minister’s instructions.

1984, c. 40, s. 14.

15. Any public servant of the department designated in writing by the Minister may visit, at any reasonable time, the office of a municipality to ascertain that the Acts under the administration of the Minister are being properly enforced.

The designation contemplated in the first paragraph may be in respect of all municipalities or envisage only one or a certain group of them. It may be valid for a specified period or until revoked.

Any public servant who makes the visit described in the first paragraph shall make a report to the Minister.

1984, c. 40, s. 15; 1986, c. 95, s. 188.

16. Where justified in the public interest, the Minister may, in writing, require a public servant of the department to inquire into the conduct of an officer or employee of a municipality.

1984, c. 40, s. 16.

17. A public servant designated in accordance with section 15 or section 16 shall, at the request of a member of the council or of an officer or employee of the visited municipality, identify himself and produce proof of his designation.

1984, c. 40, s. 17; 1986, c. 95, s. 189.

§ 2 . — Greater Montréal

1999, c. 43, s. 7.

17.1. The mission of the Minister shall be to promote and support the economic, cultural and social development of Greater Montréal, to oversee the interdepartmental coordination of government activities that concern Greater Montréal and to ensure its continued advancement, dynamism and influence.

The Minister’s action, undertaken in consultation with the ministers concerned, shall focus in particular on the promotion of economic development and tourism, land use and development and the organization of transportation and transportation systems in Greater Montréal.

By such action, the Minister shall promote, within the framework of government guidelines and policies, job creation in the territory of Greater Montréal.

The responsibilities of the Minister as regards Greater Montréal shall be exercised in respect of the territory described in the schedule. The Government shall amend the schedule as required so that the territory it describes continues to correspond to the metropolitan census area.

1999, c. 43, s. 7.

17.2. The Minister shall act as a catalyst and consensus-maker for the promotion of the interests of Greater Montréal, by facilitating dialogue between

(1)   the State and the private sector, so that their interventions may complement each other;

(2)  private partners, so that their participation in the development of Greater Montréal may intensify and be effected harmoniously;

(3)  the Gouvernement du Québec, the Communauté métropolitaine de Montréal and the municipalities, so as to foster a unified line of action;

(4)  the Gouvernement du Québec and the Government of Canada.

In addition, the Minister shall seek to increase the convergence and effectiveness of the actions taken by local and regional authorities within Greater Montréal. The Minister shall, in collaboration with such authorities, develop mechanisms to simplify the decision-making process for decisions involving the whole of the metropolitan area.

1999, c. 43, s. 7; 2000, c. 56, s. 166.

17.3. The Minister is, by virtue of the office of Minister, the adviser of the Government in all matters relating to Greater Montréal. The Minister shall provide the ministers of the various government departments with such advice as the Minister considers appropriate to promote the interests of Greater Montréal, and shall coordinate and ensure the coherence of government activities involving the whole of the metropolitan area. In the Minister’s capacity as adviser of the Government,

(1)  the Minister shall participate in the preparation of departmental measures and decisions having a significant impact on Greater Montréal ;

(2)  the Minister’s opinion must be sought for any measure having a significant impact on Greater Montréal, before it is submitted to the Conseil du trésor or the Government for a decision.

1999, c. 43, s. 7.

17.4. The Minister shall draw up guidelines and policies designed to further the development of Greater Montréal, propose them to the Government, and supervise their implementation.

More specifically, the Minister

(1)  may, together with the government departments and bodies concerned, agree on cooperative arrangements to facilitate the development and implementation of the guidelines and policies ;

(2)  shall provide financial support, on the conditions determined by the Minister, for actions undertaken to develop and promote Greater Montréal ;

(3)  shall provide the services the Minister considers necessary to any person, association, partnership or body ;

(4)  may conduct or commission research, inventories, studies and surveys, and make them public.

1999, c. 43, s. 7.

17.5. The Minister and the Communauté métropolitaine de Montréal or the municipalities whose territories form part of Greater Montréal may enter into agreements. Such agreements may depart from the provisions of the Municipal Aid Prohibition Act (chapter I‐15).

1999, c. 43, s. 7; 2000, c. 56, s. 167.

§ 3 . — General powers

1999, c. 43, s. 7.

17.6. The Minister shall draw up and propose policies to the Government that concern the activities of the department. The Minister shall direct and coordinate the implementation of such policies.

1999, c. 43, s. 7.

17.6.1. The Minister may, after consultation with the bodies representing municipalities including the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM), establish management indicators that relate to the administration of municipal bodies and prescribe the conditions and procedures for the implementation of the indicators in municipal bodies.

The Minister may, for that purpose, classify municipal bodies into categories and establish management indicators or conditions and procedures of implementation that may vary according to the categories of municipal bodies.

The Minister may also prescribe the manner in which municipal bodies are to provide citizens with the information determined by the Minister regarding the results measured using the management indicators.

The Minister may exempt any municipal body from the application of management indicators for any period the Minister determines.

For the purposes of this section, “municipal bodies” means the bodies referred to in section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2002, c. 37, s. 241; 2003, c. 19, s. 208.

17.7. The Minister may, in the exercise of the Minister’s responsibilities,

(1)  obtain from the government departments and from government or municipal bodies any available information necessary for the performance of the Minister’s functions ;

(2)  enter into an agreement according to law with any government other than that of Québec, any Minister of such a government, any international organization or any agency of such a government or organization.

The Minister may also enter into an agreement with any person, association, partnership or body concerning any matter under the jurisdiction of the Minister.

1999, c. 43, s. 7.

17.8. The Minister shall table a report on the activities of the department for each fiscal year in the National Assembly within six months of the end of the fiscal year or, if the Assembly is not sitting, within 30 days of resumption.

Where in the fiscal year for which the report is tabled, the Minister exercised the power granted to the Minister by any of sections 573.3.1 of the Cities and Towns Act (chapter C-19), article 938.1 of the Municipal Code of Québec (chapter C-27.1), section 113 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), section 106 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02) and section 103 of the Act respecting public transit authorities (chapter S-30.01), the report must in particular indicate in respect of which body referred to in those provisions the power was exercised, the object of the contract for which it was exercised and the grounds justifying the exercising of the power.

1999, c. 43, s. 7; 2002, c. 37, s. 242.

DIVISION III DEPARTMENTAL DOCUMENTS

18. Any document bearing the signature of the Minister or the Deputy Minister is binding on the Minister.

The signature of a document by a public servant is not binding on the Minister and is attributable to the Minister only in the cases determined by regulation of the Government published in the Gazette officielle du Québec.

1984, c. 40, s. 18.

19. The Government, by regulation published in the Gazette officielle du Québec, may, on the conditions it determines, allow a signature to be affixed by means of an automatic device to the documents it determines.

The Government may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.

1984, c. 40, s. 19.

20. Any copy of a document forming part of the records of the department, certified by the Minister, the Deputy Minister or a person designated in writing by the Minister, is authentic.

1984, c. 40, s. 20.

DIVISION IV AUDITORS OF MUNICIPALITIES

21. Every member of a professional order of accountants mentioned in the Professional Code (chapter C-26) may act as auditor to a municipality.

1984, c. 40, s. 21; 1994, c. 40, s. 457.

DIVISION IV.1 TABLE QUÉBEC-MUNICIPALITÉS

1998, c. 31, s. 100.

21.1. The Table Québec-Municipalités shall advise the Minister on any question submitted to it by the Minister.

1998, c. 31, s. 100.

21.2. The Minister shall determine the composition of the Table Québec-Municipalités.

1998, c. 31, s. 100.

DIVISION V FINAL PROVISIONS

22. (Omitted).

1984, c. 40, s. 22.

23. (Omitted).

1984, c. 40, s. 23.

24. (Amendment integrated into c. P-23, s. 3).

1984, c. 40, s. 24.

25. (Amendment integrated into c. P-23, s. 4).

1984, c. 40, s. 25.

26. (Amendment integrated into c. P-23, s. 5).

1984, c. 40, s. 26.

27. (Amendment integrated into c. P-23, s. 6).

1984, c. 40, s. 27.

28. (Amendment integrated into c. P-23, s. 7).

1984, c. 40, s. 28.

29. (Amendment integrated into c. P-23, s. 8).

1984, c. 40, s. 29.

30. (Amendment integrated into c. P-23, s. 9).

1984, c. 40, s. 30.

31. (Amendment integrated into c. P-23, s. 10).

1984, c. 40, s. 31.

32. Any regulation or order in force on 31 December 1984 and made under a provision replaced by this Act remains in force until it is replaced or repealed, to the extent to which it is consistent with this Act.

1984, c. 40, s. 32.

33. Persons appointed under section 7 of the Act respecting the Ministère des Affaires municipales (chapter M‐22) replaced by the Act respecting the Ministère des Affaires municipales (1984, chapter 40) remain in the positions they hold on 31 December 1984 in accordance with the Public Service Act (chapter F-3.1.1).

1984, c. 40, s. 33.

34. (This section ceased to have effect on 1 January 1990).

1984, c. 40, s. 34; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

35. (Omitted).

1984, c. 40, s. 35.

SCHEDULE

MUNICIPAL BODIES WHOSE TERRITORIES MAKE UP GREATER MONTRÉAL

(Section 17)

Communauté métropolitaine de Montréal, Ville de Bellefeuille, Canton de Gore, Ville de Lafontaine, Village de Lavaltrie, Municipalité de Notre-Dame-de-Bonsecours, Ville de Saint-Antoine, Paroisse de Saint-Antoine-de-Lavaltrie, Paroisse de Saint-Colomban, Ville de Saint-Jérôme, Municipalité de Saint-Placide.

1999, c. 43, s. 8; 2000, c. 56, s. 168.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 40 of the statutes of 1984, in force on 1 March 1985, is repealed, except section 35, effective from the coming into force of chapter M-22.1 of the Revised Statutes.