C-11.4 - Charter of Ville de Montréal, metropolis of Québec

Section 34 Disposition versions

2012-10-19

34. The council may, in the internal management by-laws, determine any act within its jurisdiction which it has the power or the duty to perform, that it delegates to the executive committee, and prescribe the terms and conditions of the delegation.

However, the following powers may not be delegated:

(1)  the power to adopt a budget, a three-year program of capital expenditures or a document required under the Act respecting land use planning and development (chapter A-19.1), the Act respecting municipal courts (chapter C-72.01), the Act respecting elections and referendums in municipalities (chapter E-2.2) or the Act respecting municipal territorial organization (chapter O-9);

(1.1)  the power to pass a heritage identification or recognition by-law referred to in Chapter IV of the Cultural Heritage Act (chapter P-9.002);

(2)  the power to designate a person to a position that may only be held by a member of the council;

(3)  the power to appoint, dismiss, suspend without pay or reduce the salary of the director general, the clerk, the treasurer, the deputy clerk, the deputy treasurer or any person the appointment of whom is provided by the law by the council at a majority that is not the simple majority; and

(4)  the power to create the various departments within the city and determine the scope of their activities;

(5)  (subparagraph repealed).

The council may also, in the internal management by-laws, determine any matter on which the executive committee must give its opinion to the council, and prescribe the terms and conditions of consultation. The internal management by-laws may also prescribe the manner in which a member of the council may request the executive committee to report to the council on any matter within the jurisdiction of the executive committee.

2000, c. 56, Sch. I, s. 34; 2001, c. 25, s. 248; O.C. 1308-2001, s. 4; 2003, c. 28, s. 9; 2011, c. 21, s. 217.

2003-12-18

34. The council may, in the internal management by-laws, determine any act within its jurisdiction which it has the power or the duty to perform, that it delegates to the executive committee, and prescribe the terms and conditions of the delegation.

However, the following powers may not be delegated :

(1)  the power to adopt a budget, a three-year program of capital expenditures or a document required under the Act respecting land use planning and development (chapter A‐19.1), Chapter IV of the Cultural Property Act (chapter B‐4), the Act respecting municipal courts (chapter C‐72.01), the Act respecting elections and referendums in municipalities (chapter E‐2.2) or the Act respecting municipal territorial organization (chapter O‐9);

(2)  the power to designate a person to a position that may only be held by a member of the council;

(3)  the power to appoint, dismiss, suspend without pay or reduce the salary of the director general, the clerk, the treasurer, the deputy clerk, the deputy treasurer or any person the appointment of whom is provided by the law by the council at a majority that is not the simple majority; and

(4)  the power to create the various departments within the city and determine the scope of their activities;

(5)  (subparagraph repealed).

The council may also, in the internal management by-laws, determine any matter on which the executive committee must give its opinion to the council, and prescribe the terms and conditions of consultation. The internal management by-laws may also prescribe the manner in which a member of the council may request the executive committee to report to the council on any matter within the jurisdiction of the executive committee.

2000, c. 56, Sch. I, s. 34; 2001, c. 25, s. 248; O.C. 1308-2001, s. 4; 2003, c. 28, s. 9.

2002-01-01

34. The council may, in the internal management by-laws, determine any act within its jurisdiction which it has the power or the duty to perform, that it delegates to the executive committee, and prescribe the terms and conditions of the delegation.

However, the following powers may not be delegated :

(1)  the power to adopt a budget, a three-year program of capital expenditures or a document required under the Act respecting land use planning and development (chapter A‐19.1), Chapter IV of the Cultural Property Act (chapter B‐4), the Act respecting municipal courts (chapter C‐72.01), the Act respecting elections and referendums in municipalities (chapter E‐2.2) or the Act respecting municipal territorial organization (chapter O‐9);

(2)  the power to designate a person to a position that may only be held by a member of the council;

(3)  the power to appoint, dismiss, suspend without pay or reduce the salary of the director general, the clerk, the treasurer, the deputy clerk, the deputy treasurer or any person the appointment of whom is provided by the law by the council at a majority that is not the simple majority; and

(4)  the power to create the various departments within the city, determine the scope of their activities and appoint the department heads and assistant heads;

(5)  (subparagraph repealed).

The council may also, in the internal management by-laws, determine any matter on which the executive committee must give its opinion to the council, and prescribe the terms and conditions of consultation. The internal management by-laws may also prescribe the manner in which a member of the council may request the executive committee to report to the council on any matter within the jurisdiction of the executive committee.

2000, c. 56, Sch. I, s. 34; 2001, c. 25, s. 248; O.C. 1308-2001, s. 4.