C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 133 Disposition versions

1999-12-01

1999-10-22

1995-12-15

1994-06-17

1993-12-17

1990-10-01

1989-02-22

1982-07-11

0001-01-01

133. The Community may make by-laws relating to the elimination of air pollutants and, without restricting the generality of the foregoing, to:

(1)  prohibit or regulate the use and possession of any substance, apparatus, machine, work, installation or vehicle the use of which may cause the emission of air pollutants as well as any activity the exercise of which may produce the same effect and prescribe that such use and such exercise are prohibited at any time or during certain periods in the whole territory of the Community or in a part only of such territory;

(2)  compel every person who owns or uses a substance, an apparatus, a machine, a work or an installation contemplated in paragraph 1 or who exercises or intends to exercise an activity contemplated by such paragraph to procure a permit of the Community, determine the conditions of granting, suspension or cancellation of such permit and require such persons to submit written reports in the form prescribed by the executive committee on the matters contemplated in paragraph 1;

(3)  prescribe by ordinance of the executive committee approved by the Minister of Environment, the methods of collection, analysis and computation of substances the use of which may cause the pollution of air and of any pollutant matter; compel any person contemplated in this section to install at the place determined by the director of the clean air service of the Community such works as he deems necessary to permit the collection and analysis of a source of pollution;

(4)  require the owners of immoveables to provide their immoveables with such apparatus as will prevent the emission of pollutant matter and determine the duties of persons who supervise heating and of those entrusted with the care and upkeep of boilers, furnaces and anti-pollution apparatus;

(5)  require the owners of industrial establishments, incinerators or machinery to provide the same with such necessary anti-pollution apparatus as will eliminate the escaping into the atmosphere of pollutant matter containing more than the proportion permitted by such by-law;

(6)  prescribe the manner of disposing of industrial or other residues which it deems to be air pollutants, compel the persons wishing to dispose of such pollutants to do so in the manner prescribed by the by-law or approved by an officer of the Community and prohibit the abandoning in its territory of any pollutant not dealt with in such manner;

(7)  regulate the upkeep of the apparatus, machines, works and installations contemplated in this section;

(8)  authorize the executive committee to prescribe any order in relation whith a by-law adopted under this section.

Such order forms part of the by-law to which it relates and becomes binding upon the publication in a French language newspaper and an English language newspaper published or circulating in the territory of the Community, of a notice specifying the object and indicating the date on which it has been enacted;

(9)  prescribe that any infringement of a by-law or order made under the authority of this section will entail as a penalty, for a first offence a minimum fine of not more than $1,000 and a maximum fine of not more than $10,000, with or without costs, or a maximum penalty of imprisonment for three months, or both such penalties together, and for any subsequent offence during a period of twelve months a minimum fine of not more than $2,000 and a maximum fine of not more than $20,000 or a penalty of imprisonment for a minimum of one month or a maximum of six months, or both such penalties together;

(10)  prescribe that a penalty of imprisonment for a period at least equal to the minimum imprisonment penalty provided by paragraph 9 may be imposed on failure to pay the fine provided in paragraph 9 and that such penalty of imprisonment is to cease upon payment of the fine or of the fine and costs, as the case may be;

(11)  prescribe that if the infringement of a by-law or order made under this section is continued, such continuity shall constitute a separate offence day by day.

1969, c. 84, s. 168; 1972, c. 73, s. 5; 1974, c. 82, s. 11; 1979, c. 49, s. 35.