R.S.Q., chapter C-19
Cities and Towns Act
DIVISION I DECLARATORY AND INTERPRETATIVE PROVISIONS
(a) to every city or town municipality, existing on 1 September 1979, constituted by special Act at any time before the said date, and governed by the provisions of chapter 29 of the statutes of 1876 (Town Corporations General Clauses Act), or by the provisions of the Revised Statutes, 1888 (articles 4178 to 4615), respecting town corporations, or by any part of the said provisions; provided that, if a special Act constituting such a municipality contains provisions derogating from such general Acts or laws, such provisions shall remain in force and shall apply, notwithstanding this section;
(b) to every city or town municipality, existing on 1 September 1979, constituted by special Act or by letters patent at any time before the said date, and governed by the provisions of the Cities and Towns Act, chapter 38 of the statutes of 1903, or by the Cities and Towns Act contained in articles 5256 to 5884 of the Revised Statutes, 1909, or by the Cities and Towns Act, chapter 65 of the statutes of 1922 (2nd session), or by the Cities and Towns Act contained in chapter 102 of the Revised Statutes, 1925, or by the Cities and Towns Act contained in chapter 233 of the Revised Statutes, 1941, or by the Cities and Towns Act contained in chapter 193 of the Revised Statutes, 1964, or by any part of the said provisions; provided that, if a special Act constituting such a municipality contains provisions derogating from such general Acts or laws, such provisions shall remain in force and shall apply, notwithstanding this section; and that, if a special Act governing a municipality requires the application of provisions repealed by the Cities and Towns Act, chapter 65 of the statutes of 1922 (2nd session), all such provisions shall remain in force for such municipality;
(c) to every city or town municipality constituted by charter from the Legislature after 31 August 1979 and before 8 May 1996, saving any special provisions of its charter which may be inconsistent with those of this Act;
(d) to every city or town municipality constituted by letters patent under this Act after 31 August 1979 and before 8 May 1996;
(e) to every local municipality constituted under the Act respecting municipal territorial organization (chapter O-9) or under another Act, whose constituting act provides that it shall be governed by the provisions of this Act;
(f) to every local municipality which, pursuant to a decision made by the Minister of Municipal Affairs, Regions and Land Occupancy under the Act respecting municipal territorial organization, ceases to be governed by the Municipal Code of Québec (chapter C-27.1) and begins to be governed by this Act.
R. S. 1964, c. 193, s. 1; 1968, c. 55, s. 1; 1987, c. 57, s. 683; 1988, c. 19, s. 230; 1989, c. 56, s. 6; 1996, c. 2, s. 119; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
1968, c. 55, s. 2; 1969, c. 55, s. 1; 1970, c. 47, s. 1; 1973, c. 83, s. 1; 1977, c. 52, s. 1; 1982, c. 63, s. 108; 1987, c. 57, s. 684; 1988, c. 19, s. 231; 1996, c. 2, s. 120.
Repeal by government order.
3. The Government, by order, upon the petition of the council of a municipality governed by this Act may repeal any provision of the charter of the petitioning municipality or any provision of another Act which applies exclusively to that municipality.
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 time a public notice must be given, in the territory of the municipality, in conformity with section 345.
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 order made before the volume was printed and the legislative provisions the order repeals.
R. S. 1964, c. 193, s. 2; 1968, c. 23, s. 8; 1968, c. 55, s. 3; 1974, c. 45, s. 1; 1977, c. 5, s. 228; 1988, c. 19, s. 232; 1996, c. 2, s. 121; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 1; 2000, c. 56, s. 104.
1968, c. 55, s. 3; 1974, c. 45, s. 2; 1988, c. 19, s. 233.
5. Every provision of this Act shall form part of the charter, unless it be expressly declared that such provision, specifying it by its number, shall not form part thereof.
R. S. 1964, c. 193, s. 3.
6. Unless the context indicates or declares otherwise, the following expressions, terms and words, whenever the same occur in this Act or in the charter, shall have the following meaning:
(1) the word “charter” means any Act, letters patent or order constituting a municipality;
(2) the word “district” means any judicial district established by law, and more particularly the district which comprises the territory of the municipality;
(3) (subparagraph repealed);
(4) the words “member of the council” mean and include the mayor or any of the councillors of the municipality;
(5) the word “sitting”, used alone, means either a regular sitting or a special sitting of the council;
(6) the expression “the day following” does not mean or include holidays unless the act in question may be done upon a holiday;
(7) the expression “ratepayer” means any person liable to pay to the municipality any assessment or tax, including water-rate;
(8) the word “property-owner” means any person who possesses immovable property in his own name as owner, as usufructuary, or as institute in cases of substitutions, or as possessor of lands in the domain of the State with a promise of sale;
(9) the word “occupant” means any person who occupies an immovable in his own name, otherwise than as proprietor, usufructuary or institute, and who enjoys the revenues derived from such immovable;
(10) the word “tenant” means any person who is bound to pay rent in money or to give part of the fruits or revenues of the immovable which he occupies, and who is a resident householder, saving the case of the lessee of a store, shop, office or business establishment;
(11) (subparagraph repealed);
“officer or employee of the municipality”;
(12) the expression “officer or employee of the municipality” means any officer or employee of the municipality, with the exception of members of the Council;
“standardized assessment”.
(13) the expression “standardized assessment” means the product obtained by multiplying each value entered on the assessment roll of a municipality by the factor established for that roll by the Minister of Municipal Affairs, Regions and Land Occupancy under the Act respecting municipal taxation (chapter F-2.1).
The domicile of a person, within the meaning of this Act, is at the same place as under the Civil Code for the exercise of his civil rights.
R. S. 1964, c. 193, s. 4 (part); 1968, c. 55, s. 4, s. 5; 1979, c. 72, s. 302; 1987, c. 23, s. 76; 1987, c. 57, s. 685; 1996, c. 2, s. 122; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 13; 2009, c. 26, s. 109.
1968, c. 55, s. 5; 1988, c. 19, s. 234.
7.1. A provision of this Act regarding a tax based on the surface area, frontage or any other dimension of an immovable property or an immovable does not apply to a building that is an assessment unit entered on the assessment roll separately from the land on which it is situated.
1979, c. 72, s. 303.
8. Whosoever is, by the provisions of this Act or of any by-law of the council, bound to sign his name to any document and cannot do so, shall affix his mark to such document, in the presence of a witness who shall likewise sign it.
R. S. 1964, c. 193, s. 5; 1968, c. 55, s. 5; 1987, c. 57, s. 686.
9. Unnecessary allegations or expressions used in any provision respecting municipal matters shall not affect the validity thereof if the whole provision in its ordinary sense be sufficiently intelligible.
R. S. 1964, c. 193, s. 6.
Designation of municipality.
10. Error or insufficiency in the designation of any municipality in any municipal document executed by a council, the officers or employees of the municipality or any other person, or in the declaration of the quality of such officer, employee or person, provided no surprise or injustice result therefrom, shall not render such act null.
R. S. 1964, c. 193, s. 7; 1968, c. 55, s. 5.
11. No suit, defence or exception, founded upon the omission of any formality, even imperative, in any act of the council or of an officer or employee of the municipality, shall prevail, unless the omission has caused actual prejudice or it be of a formality whose omission, according to the provisions of the law, would render null the proceeding from which it was omitted.
R. S. 1964, c. 193, s. 8; 1968, c. 55, s. 5.
12. Any oath required by this Act or by the charter may be taken before the mayor, the clerk, a justice of the peace, a commissioner for oaths or a notary.
Any person before whom an oath may be taken may and shall, whenever he is called upon to do so, administer the oath and deliver a certificate thereof without fee to the party taking the same.
R. S. 1964, c. 193, s. 9.
13. 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 or officer or employee of the municipality.
R. S. 1964, c. 193, s. 10; 1968, c. 55, s. 5.
14. Every person who refuses or neglects, without reasonable cause, to perform any act or duty imposed upon him by any provision of this Act or of the charter, or required of him under such provisions, is liable, over and above any damages for the damage caused, to a penalty of not less than $20 nor more than $50, except in cases otherwise provided for.
R. S. 1964, c. 193, s. 11; 1979, c. 36, s. 55; 1999, c. 40, s. 51.
Powers of the Attorney General.
14.1. The Attorney General may
(1) present a motion to quash or set aside a by-law of the council or a procès-verbal, roll, resolution or other order of the council or of the executive committee;
(2) exercise, against a member of the council or an officer or employee of a 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).
For the purposes of this section, 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. 67; 1982, c. 63, s. 109; 1988, c. 85, s. 83; 1996, c. 2, s. 123; 2000, c. 56, s. 225.
DIVISION II Repealed, 1988, c. 19, s. 235.1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 12; 1968, c. 55, s. 7; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 13; 1968, c. 55, s. 7; 1980, c. 16, s. 68; 1987, c. 57, s. 687; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 14; 1968, c. 55, s. 5, s. 8; 1987, c. 57, s. 688; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 15; 1968, c. 55, s. 9; 1974, c. 45, s. 3; 1977, c. 5, s. 14; 1987, c. 57, s. 689; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 16; 1988, c. 19, s. 235.
DIVISION III Repealed, 1988, c. 19, s. 235.1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 17; 1968, c. 55, s. 10; 1987, c. 57, s. 690; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 19; 1968, c. 55, s. 5; 1987, c. 57, s. 691; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 20; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 21; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 22; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 23; 1979, c. 72, s. 304; 1988, c. 19, s. 235.
R. S. 1964, c. 193, s. 24; 1992, c. 57, s. 467; 1988, c. 19, s. 235.
DIVISION IV ORGANIZATION OF THE MUNICIPALITY
§ 1. — General powers of the municipality1988, c. 19, s. 236.
R. S. 1964, c. 193, s. 25; 1988, c. 19, s. 237.
28. (1) A municipality may have a seal.
(1.0.1) Unless otherwise provided, no property of a municipality may be alienated otherwise than in return for valuable consideration. Each month the clerk of a municipality must publish a notice concerning the properties with a value greater than $10,000 that were alienated by the municipality otherwise than by auction or public tender. The notice must describe each property and indicate for each the price of alienation and the identity of the purchaser.
(1.0.2) Unless otherwise provided, no municipality may acquire or build property mainly for leasing purposes.
(1.1) A transfer by gratuitous title or a loan for use of the rights to and licences for the processes developed by a municipality may only be made in favour of the Government, one of its Ministers or bodies, a municipality, a metropolitan community, a school board or a non-profit body.
(2) (Subsection repealed).
(3) Every municipality may also become surety for any institution, partnership or legal person devoted to the pursuit of purposes mentioned in the second paragraph of section 8, subparagraph 2 of the first paragraph of section 91 or the first paragraph of section 93 of the Municipal Powers Act (chapter C-47.1).
Authorization.
However, a municipality having a population of less than 50,000 shall obtain the authorization of the Minister of Municipal Affairs, Regions and Land Occupancy 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.
Approval.
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.
(4) (Subsection repealed).
R. S. 1964, c. 193, s. 26; 1968, c. 55, s. 12; 1977, c. 5, s. 14; 1979, c. 36, s. 56; 1982, c. 63, s. 110; 1984, c. 38, s. 5; 1985, c. 27, s. 11; 1994, c. 33, s. 1; 1995, c. 34, s. 1; 1996, c. 2, s. 124; 1996, c. 27, s. 1; 1996, c. 77, s. 8; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 56, s. 218; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 187; 2009, c. 26, s. 109.
1995, c. 34, s. 2; 2005, c. 6, s. 194.
2002, c. 37, s. 70; 2005, c. 6, s. 194.
1995, c. 7, s. 7; 1997, c. 77, s. 9; 2005, c. 6, s. 194.
1983, c. 57, s. 42; 2005, c. 6, s. 194.
1983, c. 57, s. 42; 2005, c. 6, s. 194.
1983, c. 57, s. 42; 1984, c. 38, s. 6; 1985, c. 27, s. 12; 1995, c. 34, s. 3.
1983, c. 57, s. 42; 1995, c. 34, s. 3.
Acquisition for special purposes.
29. 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 or day care centre within the meaning of the Educational Childcare Act (chapter S-4.1.1), for the purpose of setting up the childcare centre or day care centre in the immovables.
The clerk shall, within 30 days of the making 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. 52, s. 2; 1979, c. 36, s. 57; 1984, c. 38, s. 7; 1985, c. 27, s. 13; 1992, c. 21, s. 120, s. 375; 1994, c. 23, s. 23; 1995, c. 34, s. 4; 1996, c. 2, s. 125; 1996, c. 16, s. 60; 1997, c. 58, s. 20; 1998, c. 31, s. 8; 2005, c. 47, s. 136.
29.1. 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.
1980, c. 34, s. 3; 1987, c. 102, s. 38; 1996, c. 2, s. 126; 2000, c. 56, s. 225.
29.1.1. A municipality may enter into an agreement with the Government under which certain responsibilities, defined 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.
The municipality and any minister or body of the Government may enter into any agreement necessary for the application of the agreement provided for in the first paragraph or that is incidental to such an agreement.
1996, c. 27, s. 2; 2002, c. 77, s. 28.
1996, c. 27, s. 2; 2002, c. 77, s. 29.
29.1.3. A municipality may join with any municipality or metropolitan community for the purposes of an agreement with the Government under section 29.1.1.
1996, c. 27, s. 2; 2000, c. 56, s. 218.
29.1.4. An agreement entered into under section 29.1.1 shall prevail over any inconsistent provision of any general law or special Act or of any regulation thereunder.
1996, c. 27, s. 2.
1996, c. 27, s. 2; 2000, c. 56, s. 105.
29.2. 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.
If one of the municipalities that is a party to the agreement is charged with administering 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 cities of Québec, Sherbrooke and Trois-Rivières may enter into an agreement with the Minister of Agriculture, Fisheries and Food respecting food inspection programs in connection with the application of the by-laws of the city.
1982, c. 64, s. 4; 1986, c. 31, s. 1; 1996, c. 2, s. 127; 1996, c. 77, s. 10; 2000, c. 56, s. 106.
29.2.1. A municipality that is a party to an agreement under the first paragraph of section 29.2 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 345.2 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. 10; 2003, c. 5, s. 26.
29.3. 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, Regions and Land Occupancy, except in the case of a convention requiring it to pay fees for professional services, a work contract or an intermunicipal agreement.
However, in the case of a municipality with a population of 100,000 or more, the five-year period mentioned in the first paragraph is replaced by a 10-year period, unless the average annual expenditures entailed by the convention for the fiscal years following the one in which the resolution authorizing the municipality to enter into the convention is adopted exceed 0.5% of the total appropriations provided for in the municipality's budget for operating expenses for that fiscal year.
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. 8; 1994, c. 33, s. 2; 1995, c. 34, s. 5; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 105, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
29.4. A 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 construction 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 section gratuitously in favour of the Government, any of its ministers or bodies, a regional county municipality, the housing bureau or any other non-profit agency, in addition to the persons mentioned in section 29.
1985, c. 27, s. 14; 1995, c. 34, s. 6; 1996, c. 2, s. 209; 1998, c. 31, s. 9; 2002, c. 37, s. 71.
29.5. A municipality may enter into an agreement with another municipality, a public institution referred to in section 29, a school board, an educational institution or a non-profit agency in order to jointly perform any of the following acts:
(1) procure equipment, materials or services;
(2) take out insurance;
(3) carry out work;
(4) call for tenders for the purpose of awarding contracts.
Despite the Municipal Aid Prohibition Act (chapter I-15), an agreement referred to in the first paragraph may be entered into with the owner of a mobile home park.
The agreement may pertain to only part of the process involved in performing the act concerned.
1985, c. 27, s. 14; 1992, c. 21, s. 121, s. 375; 1996, c. 2, s. 209; 1996, c. 27, s. 3; 2003, c. 19, s. 106; 2009, c. 26, s. 17.
29.6. A party to an agreement under section 29.5 may delegate any power necessary for carrying out the agreement to another party.
Tender by the delegated party.
If the power to call for tenders is delegated, the acceptance of a tender by the delegated party shall bind each delegating party to the tenderer.
1985, c. 27, s. 14; 1996, c. 2, s. 209; 2003, c. 19, s. 106.
29.7. Subject to the second paragraph, the rules governing the awarding of contracts by a municipality apply to any contract awarded pursuant to an agreement under section 29.5. The total amount of the expenditures incurred by all the parties under the contract must be taken into consideration when applying those rules.
To the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to any of the municipalities concerned are observed, the Minister of Municipal Affairs, Regions and Land Occupancy may exercise the power conferred by section 573.3.1 in relation to a contract referred to in the first paragraph.
1985, c. 27, s. 14; 1992, c. 21, s. 122, s. 375; 1994, c. 33, s. 3; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 9; 2003, c. 19, s. 106; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
1985, c. 27, s. 14; 2003, c. 19, s. 106.
1985, c. 27, s. 14; 1994, c. 33, s. 4; 1996, c. 2, s. 209; 1996, c. 27, s. 4; 2001, c. 25, s. 10; 2003, c. 19, s. 106.
29.9.1. A municipality may enter into an agreement with the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM), 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 section.
1992, c. 27, s. 1; 1995, c. 34, s. 7; 1996, c. 27, s. 5; 1999, c. 90, s. 4; 2001, c. 25, s. 11.
29.9.2. The party responsible for carrying out an agreement entered into under section 29.5 or 29.9.1 may, by agreement, delegate that responsibility to the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1) or to a department that is not required to call on the Centre's services.
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.
Non-applicability of rules.
The rules governing the awarding of contracts by a municipality do not apply to acquisitions made or conditions of acquisition negotiated by the Centre de services partagés du Québec or a department in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1). The Minister of Municipal Affairs, Regions and Land Occupancy may, to the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to any of the municipalities concerned are observed, 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. 5; 1995, c. 34, s. 8; 1996, c. 27, s. 6; 1999, c. 43, s. 13; 2000, c. 8, s. 240; 2003, c. 19, s. 107, s. 250; 2005, c. 28, s. 196; 2005, c. 7, s. 57; 2006, c. 29, s. 52; 2009, c. 26, s. 109.
29.10. 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 Québec) Act (Statutes of Canada, 1984, chapter 18), provided it is an agreement which, by law, may be entered into between two municipalities.
1986, c. 31, s. 2; 1996, c. 2, s. 128; 2000, c. 56, s. 225.
29.10.1. 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 is 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, Regions and Land Occupancy is responsible, of a special Act governing a municipality, or of an instrument under such an Act.
1996, c. 67, s. 61; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
1987, c. 12, s. 46; 1996, c. 2, s. 209; 2000, c. 10, s. 23; 2005, c. 6, s. 194.
Power to enter into agreement.
29.12. 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.
Power to implement agreement.
The municipality may implement the agreement and exercise the rights and perform the obligations arising from the agreement, even outside its territory.
1994, c. 33, s. 6; 1994, c. 15, s. 35; 1996, c. 27, s. 7; 1996, c. 21, s. 70.
1996, c. 27, s. 8; 2005, c. 6, s. 194.
29.12.2. 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 this subdivision or to the Centre de services partagés du Québec.
1998, c. 31, s. 10; 2005, c. 7, s. 58.
§ 1.1. — Acquisition, administration, development and disposition of certain lands or forest resources in the domain of the State1995, c. 20, s. 36; 1999, c. 40, s. 51; 2001, c. 6, s. 131.
29.13. Every municipality may participate in a program prepared in accordance with Division II.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune (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) or Title II.1 of the Forest Act (chapter F-4.1).
1995, c. 20, s. 36; 2003, c. 8, s. 6; 2003, c. 16, s. 49; 2006, c. 3, s. 35.
29.14. Every municipality that participates in a program or enters into an agreement pursuant to section 29.13 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 domain of the State;
(2) administer, develop, alienate or lease land acquired from the domain of the State;
(3) lease land in the domain of the State in order to administer and develop it;
(4) accept delegated powers for the management of land or of forest resources in the domain of the State;
(5) adopt a by-law for the purpose of exercising any power under section 71 of the Act respecting the lands in the domain of the State (chapter T-8.1) or under section 171, 171.1 or 172 of the Forest Act (chapter F-4.1).
1995, c. 20, s. 36; 1997, c. 93, s. 46; 1999, c. 40, s. 51; 2001, c. 6, s. 132.
29.14.1. Every municipality that participates in a program or enters into an agreement under section 29.13 may, to the extent provided for by the program or agreement, institute penal proceedings for an offence committed in its territory under a legislative or regulatory provision the application of which is the subject of the program or agreement.
The fine belongs to the local municipality if it instituted the proceedings, and must be paid into a fund established under section 126 of the Municipal Powers Act (chapter C-47.1) by the regional county municipality whose territory contains that of the local municipality. If a local municipality whose territory is not contained in the territory of a regional county municipality institutes the proceedings, the fine belongs to the local municipality and must be paid into a fund established by it under that same section. The Minister of Natural Resources and Wildlife may authorize payment into any other such 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 345.2 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. 47; 1998, c. 31, s. 11; 2003, c. 8, s. 6; 2003, c. 5, s. 26; 2005, c. 6, s. 188.
29.14.2. The municipality may institute any proceeding and exercise any power assigned to the Minister of Natural Resources and Wildlife under sections 60 to 66 of the Act respecting the lands in the domain of the State (chapter T-8.1) or under section 25.1 of the Forest Act (chapter F-4.1) to the extent provided for by the program or agreement.
1997, c. 93, s. 47; 2001, c. 6, s. 133; 2003, c. 8, s. 6; 2006, c. 3, s. 35.
Land in domain of the State.
29.15. For the purposes of this subdivision, land in the domain of the State includes the buildings, improvements and movable property situated thereon that form part of the domain of the State.
1995, c. 20, s. 36; 1999, c. 40, s. 51.
29.16. No person may appropriate by occupation, prescription or accession, land acquired from the domain of the State by a municipality for as long as the municipality remains the owner of the land.
The same rule applies to buildings, improvements and movable property which, at the time the land was acquired from the domain of the State, were situated on the land and formed part of the domain of the State.
1995, c. 20, s. 36; 1999, c. 40, s. 51.
29.17. Subject to the program referred to in section 29.13, a municipality may use land acquired from the domain of the State 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. 36; 1999, c. 40, s. 51.
29.18. Moneys deriving from the leasing, development or alienation of land in the domain of the State, or land acquired from the domain of the State, and moneys deriving from the management of land or of forest resources in the domain of the State or from a forest management contract entered into under Division II of Chapter IV of Title I of the Forest Act (chapter F-4.1) must be paid either by the local municipality into a fund established under section 126 of the Municipal Powers Act (chapter C-47.1) by the regional county municipality whose territory contains that of the local municipality, or by the local municipality whose territory is not contained in that of a regional county municipality into a fund established by it under that same section.
The Minister of Natural Resources and Wildlife 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 domain of the State or acquired from the domain of the State or the costs relating to the management of forest resources in the domain of the State or a forest management contract, excepting any expenditure on forest management.
1995, c. 20, s. 36; 1998, c. 31, s. 12; 1999, c. 40, s. 51; 2001, c. 6, s. 134; 2003, c. 8, s. 6; 2005, c. 6, s. 189; 2006, c. 3, s. 35.
§ 1.2. — Occupation of the public domain of the municipality2002, c. 77, s. 30.
29.19. A municipality may, by by-law, as regards the occupation of its public domain, determine
(1) the purposes for which the occupation is authorized unconditionally or may be so authorized subject to compliance with certain conditions;
(2) the conditions that must be met for the occupation to be authorized, in particular payment of an amount in one or more instalments;
(3) the terms and conditions according to which the occupation is authorized where the required conditions are met, in particular the adoption of a resolution or the issue of a permit;
(4) the rules relating to the duration and the premature end of the authorized occupation, in particular the rules concerning revocation of the authorization;
(a) (5) the circumstances in which all or part of the structures or installations situated in the public domain in accordance with the authorization may, notwithstanding the authorization, be permanently or temporarily removed;
(b) the rules relating to a removal under subparagraph a;
(a) (6) the categories of occupation for the purposes of this paragraph;
(b) the rules relating to the entry of any authorized occupation in any category it specifies in a register kept for that purpose;
(c) the rules relating to the issue of certified extracts from the register provided for in subparagraph b.
The municipality may, in the by-law, define categories of cases and avail itself of any power provided for in the first paragraph in a manner that varies according to the category. The municipality may also, in the by-law, provide that the council or other deliberative body it designates is empowered, in the circumstances and subject to the conditions it indicates, to exercise case by case and by resolution any power it specifies among those provided for in subparagraphs 2 to 5 of the first paragraph.
2002, c. 77, s. 30.
Removal of structure or installation.
29.20. Where the by-law provided for in section 29.19 is in force, every structure or installation situated in the public domain of the municipality otherwise than in accordance with an authorization granted under the by-law must be removed from the public domain of the municipality.
Such by-law may contain rules concerning the removal of the structure or installation.
2002, c. 77, s. 30.
29.21. Every person who occupies the public domain of the municipality in accordance with an authorization granted under the by-law provided for in section 29.19 is liable for any harm resulting from that occupation.
The person must take up the defence of the municipality and indemnify it in any claim in damages against the municipality.
2002, c. 77, s. 30.
29.22. The amount payable under subparagraph 2 of the first paragraph of section 29.19 is secured by a legal hypothec on the immovable for whose utility the occupation of the public domain of the municipality was authorized.
The amount shall be collected in accordance with the provisions relating to the collection of the property taxes of the municipality.
2002, c. 77, s. 30.
§ 2. — Repealed, 1988, c. 19, s. 238.1988, c. 19, s. 238.
R. S. 1964, c. 193, s. 27; 1988, c. 19, s. 238.
R. S. 1964, c. 193, s. 28; 1988, c. 19, s. 238.
R. S. 1964, c. 193, s. 29; 1984, c. 47, s. 213; 1988, c. 19, s. 238.
§ 3. — Repealed, 1987, c. 57, s. 692.1987, c. 57, s. 692.
R. S. 1964, c. 193, s. 30; 1968, c. 55, s. 13; 1987, c. 57, s. 692.
R. S. 1964, c. 193, s. 31; 1968, c. 55, s. 5; 1987, c. 57, s. 692.
R. S. 1964, c. 193, s. 32; 1968, c. 55, s. 5; 1987, c. 57, s. 692.
§ 4. — Repealed, 1988, c. 19, s. 239.1988, c. 19, s. 239.
R. S. 1964, c. 193, s. 33; 1987, c. 57, s. 693; 1988, c. 19, s. 239.
R. S. 1964, c. 193, s. 34; 1968, c. 55, s. 14; 1988, c. 19, s. 239.
R. S. 1964, c. 193, s. 35; 1968, c. 55, s. 14; 1975, c. 66, s. 1; 1987, c. 57, s. 694; 1988, c. 19, s. 239.
R. S. 1964, c. 193, s. 36; 1968, c. 55, s. 14; 1975, c. 66, s. 2; 1987, c. 57, s. 694.
R. S. 1964, c. 193, s. 37; 1968, c. 55, s. 14; 1969, c. 55, s. 2; 1987, c. 57, s. 695; 1988, c. 19, s. 239.
R. S. 1964, c. 193, s. 38; 1968, c. 55, s. 14; 1969, c. 55, s. 3; 1974, c. 47, s. 1; 1975, c. 66, s. 3; 1980, c. 16, s. 69; 1982, c. 63, s. 111; 1987, c. 57, s. 696.
R. S. 1964, c. 193, s. 43; 1968, c. 55, s. 15; 1969, c. 55, s. 4; 1977, c. 5, s. 14; 1977, c. 52, s. 3; 1979, c. 36, s. 58; 1987, c. 57, s. 697; 1988, c. 19, s. 239.
1987, c. 57, s. 698; 1988, c. 19, s. 239.
1975, c. 66, s. 4; 1977, c. 52, s. 4; 1987, c. 57, s. 699; 1988, c. 19, s. 239.
R. S. 1964, c. 193, s. 44; 1968, c. 55, s. 16; 1975, c. 66, s. 5; 1982, c. 63, s. 112; 1987, c. 57, s. 700; 1988, c. 19, s. 239.
R. S. 1964, c. 193, s. 45; 1968, c. 55, s. 5; 1988, c. 19, s. 239.
1975, c. 66, s. 6; 1977, c. 52, s. 5; 1988, c. 19, s. 239.
1979, c. 36, s. 59; 1988, c. 19, s. 239.
1982, c. 63, s. 113; 1988, c. 19, s. 239.
1982, c. 63, s. 113; 1988, c. 19, s. 239.
1985, c. 27, s. 15; 1988, c. 19, s. 239.
§ 5. — Council, Mayor, Councillors and Committees of the Council
47. The municipality shall be represented and its affairs administered by its council.
R. S. 1964, c. 193, s. 46; 1996, c. 2, s. 209.
R. S. 1964, c. 193, s. 47; 1968, c. 55, s. 5; 1987, c. 57, s. 701.
R. S. 1964, c. 193, s. 48; 1968, c. 55, s. 17; 1969, c. 55, s. 5; 1987, c. 57, s. 701.
R. S. 1964, c. 193, s. 49; 1968, c. 55, s. 17; 1969, c. 55, s. 5; 1987, c. 57, s. 701.
R. S. 1964, c. 193, s. 50; 1968, c. 55, s. 17; 1987, c. 57, s. 701.
52. The mayor shall exercise the right of superintendence, investigation and control over all the departments and officers or employees of the municipality, and especially shall see that the revenue of the municipality is collected and expended according to law, and that the provisions of the law and all by-laws, rules and regulations of the council are faithfully and impartially enforced. He shall lay before the council such proposals as he may deem necessary or advisable, and shall communicate to the council all information and suggestions relating to the improvement of the finances, police, health, security, cleanliness, comfort and progress of the municipality.
In the exercise of his functions as the executive head of the municipal administration, the mayor shall have the right, at any time, to suspend any officer or employee of the municipality, but he shall report to the council at the first sitting following such suspension, and state in writing the reasons therefor; the suspended officer or employee shall receive no salary for the time during which he is suspended, unless the council decides otherwise respecting such suspension and the suspension shall only be valid until such sitting.
R. S. 1964, c. 193, s. 51; 1968, c. 55, s. 5, s. 18.
53. The by-laws and resolutions adopted by the council and the obligations and contracts approved by it shall be presented by the clerk to the mayor within ninety-six hours after such adoption or approval.
If, within such time, the mayor advises the clerk that he does not approve them, the latter shall submit them again to the council at the next sitting as a matter of urgency and priority.
If the absolute majority of the members of the council reaffirm such by-law, resolution, obligation or contract, the mayor shall sign and approve the same, and if he refuse, such by-law, resolution, obligation or contract shall be legal and valid, as if signed and approved by him, subject, nevertheless, to any special provision of law by which a specified majority of the council is required for the approval of a by-law, resolution, obligation or contract, or where the approval of the mayor is specially required.
The acting mayor shall not exercise the powers conferred on the mayor by the second paragraph of this section.
R. S. 1964, c. 193, s. 52; 1968, c. 55, s. 19; 1999, c. 40, s. 51.
Communications from Minister.
54. Where so ordered by the Minister of Municipal Affairs, Regions and Land Occupancy, the mayor is bound to read to the council all circulars or communications addressed to the mayor or to the council by the Minister. The mayor shall also, where so required by the council or by the Minister, publish them in the manner prescribed for the publication of public notices.
R. S. 1964, c. 193, s. 53; 1968, c. 55, s. 20; 1996, c. 2, s. 210; 1996, c. 77, s. 11; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
55. He shall furnish to the Lieutenant-Governor or to the Minister of Municipal Affairs, Regions and Land Occupancy, on demand, all information concerning the execution of the municipal law, and all other information which he may be able to give with the concurrence of the council.
R. S. 1964, c. 193, s. 54; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
56. The council shall appoint a councillor as acting mayor for the period it determines.
The acting mayor shall have and exercise the powers of the mayor when the mayor is absent from the territory of the municipality or unable to perform the duties of his office.
1971, c. 55, s. 1; 1996, c. 2, s. 129; 2003, c. 19, s. 108.
Vacancy in office of mayor.
57. If the office of mayor becomes vacant, the acting mayor shall fill such office ex officio while the vacancy lasts.
1971, c. 55, s. 1.
57.1. Sections 52 to 57 apply to every municipality governed by this Act, even if a provision of the charter of the municipality that came into force before 19 December 1968 repeals, replaces or amends, directly or indirectly, one of those sections.
However, subject to section 3, section 52 does not apply to Ville de Laval or Ville de Hull.
1996, c. 2, s. 130.
R. S. 1964, c. 193, s. 55; 1968, c. 55, s. 21; 1987, c. 57, s. 702.
R. S. 1964, c. 193, s. 59; 1968, c. 55, s. 23; 1987, c. 57, s. 702.
R. S. 1964, c. 193, s. 60; 1968, c. 55, s. 23; 1969, c. 55, s. 6; 1987, c. 57, s. 702.
R. S. 1964, c. 193, s. 61; 1968, c. 55, s. 23; 1971, c. 55, s. 4; 1977, c. 52, s. 7; 1982, c. 63, s. 114.
1971, c. 55, s. 5; 1977, c. 52, s. 8; 1982, c. 63, s. 114.
R. S. 1964, c. 193, s. 62; 1968, c. 55, s. 5; 1987, c. 57, s. 703.
R. S. 1964, c. 193, s. 63; 1968, c. 55, s. 24; 1982, c. 63, s. 115; 1987, c. 57, s. 703.
R. S. 1964, c. 193, s. 64; 1968, c. 55, s. 24; 1969, c. 55, s. 7; 1974, c. 47, s. 2; 1974, c. 45, s. 4; 1975, c. 66, s. 7; 1977, c. 52, s. 9; 1979, c. 36, s. 60; 1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1983, c. 57, s. 43; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1982, c. 62, s. 143; 1983, c. 57, s. 44; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
1980, c. 16, s. 70; 1988, c. 30, s. 33.
66. The council of a municipality having a population of at least 50,000 souls may grant by by-law to every person who has held office as a member of the council for twelve years or more, and who has ceased to hold such office after 1 January of the year in which the by-law is passed, an annual pension of $1,500 payable in equal and consecutive instalments on the first day of each month. The repeal of such a by-law cannot be set up against persons respecting whom it applies or has already applied.
In order to benefit from such pension payments, the members of the council must pay into the general administration fund a contribution equal to 5% of their annual remuneration for each of the last five years, or for the period since taking office in the case of those who have held office for less than five years.
If a councillor or the mayor does not hold office for twelve years, the amounts so paid shall be reimbursed to him without interest.
Such pension shall be increased by $500 for each year or part of a year during which such person has held the office of mayor, but it shall in no case exceed $5,000.
Pension unassignable, unseizable.
Such pension shall be unassignable and unseizable.
The payment of such pension shall be suspended during any period when the beneficiary holds, temporarily or permanently, any charge, office or situation involving remuneration paid by the municipality.
In computing any such period of twelve years, a part of a year shall be counted as a full year.
In no case may the council of a municipality adopt a by-law, after 12 December 1974, to grant a pension pursuant to this section.
1968, c. 55, s. 24; 1988, c. 85, s. 84.
67. No vote given by a person unlawfully holding office as mayor or councillor, and no act in which he participates in such quality, may be set aside solely by reason of the illegal exercise of such office.
R. S. 1964, c. 193, s. 65; 1968, c. 55, s. 5.
R. S. 1964, c. 193, s. 66; 1968, c. 55, s. 5, s. 25; 1992, c. 61, s. 116.
69. If questions of fact arise in matters before the council or any of its committees, which the interests of the municipality require to be investigated by the examination of witnesses on oath or otherwise, or if it also becomes necessary, in the like interest, to institute inquiries into the truth of representations which may be made to the council respecting matters within its jurisdiction, any committee appointed by the council to investigate the same, or to make such inquiry, or the committee before which any such question arises, may issue a summons signed by its chairman requiring any person to appear before such committee, for the purpose of giving evidence touching such question or inquiry, and also, if deemed expedient, to produce any papers or documents in his possession or under his control, bearing upon such question or inquiry, and described in such summons.
Every person so neglecting or refusing to appear, or refusing to produce papers or to be examined as aforesaid, shall be subject to a fine of not more than $40.
The chairman of any committee of the council may administer the oath to the witnesses.
R. S. 1964, c. 193, s. 67; 1986, c. 95, s. 45; 1990, c. 4, s. 172.
70. (1) The council may appoint permanent or special committees, composed of as many of its members as it may deem necessary, to supervise the administration of the several civic departments for which they are respectively appointed, and to manage such business as it may, by by-law or resolution, assign to them.
Replacing members.
The council may replace any member of the said committees whenever it thinks proper.
Mayor.
The mayor shall be a member ex officio of all committees, and shall have a right to vote therein.
Reports.
Every committee shall render account of its labours and decisions by reports signed by its chairman or by a majority of the members who compose it.
Adoption.
No report of a committee appointed under this section shall have any effect until it has been ratified or adopted by the council.
(2) (Subsection repealed).
(3) (Subsection repealed).
R. S. 1964, c. 193, s. 68; 1968, c. 55, s. 5, s. 26; 1979, c. 51, s. 260.
70.0.1. Where the law provides that persons who are not council members may sit on a permanent or special committee or a council committee, the municipality may provide, by by-law, for the remuneration of such persons. The amount of the remuneration shall be based on their attendance at sittings of the committee.
Reimbursement of expenses.
The municipality may also, following the same procedure as for the reimbursement of expenses to council members, establish rules for the reimbursement of expenses to committee members who are not council members.
2003, c. 19, s. 109.
§ 5.1. — Executive Committee1978, c. 63, s. 119.
70.1. The council may, by by-law adopted by a two-thirds majority of the votes, create an executive committee of three members if the council is composed of from 12 to 20 councillors or five members if the council is composed of more than 20 councillors.
1978, c. 63, s. 119; 1980, c. 16, s. 71.
70.2. The mayor is, ex officio, chairman of the committee.
The other members of the committee are appointed, by resolution of the council, from among its members, for a one-year term; the term is renewable.
1978, c. 63, s. 119.
70.3. The chairman appoints, from among the other members of the committee, a deputy chairman to replace him when absent or unable to act.
1978, c. 63, s. 119.
1978, c. 63, s. 119; 1980, c. 16, s. 72.
70.5. Two members of a committee of three, or three members of a committee of five, are a quorum.
1978, c. 63, s. 119.
70.6. The clerk is, ex officio, secretary of the committee.
1978, c. 63, s. 119.
1978, c. 63, s. 119; 1983, c. 57, s. 45.
Functions of the committee.
70.8. The committee prepares and submits to the council:
(a) draft by-laws;
(b) the annual budget;
(c) any request for the allocation of the proceeds of loans or for any other moneys required;
(d) any request for the transfer of funds or moneys already voted;
(e) any report that recommends the granting of franchises or privileges;
(f) any report concerning the exchange or the lease by emphyteusis of an immovable that belongs to the municipality or the lease of the municipality's movable or immovable property under a lease of more than one year;
(g) any report on any other subject submitted to it by the council that falls within the latter's jurisdiction;
(h) any plan for the classification of positions and the related salaries.
1978, c. 63, s. 119; 1996, c. 2, s. 131.
70.9. The committee must give an account of its work to the council and no report or decision has effect unless it has been adopted or ratified by the council.
1978, c. 63, s. 119.
70.10. Sections 70.1 to 70.9 apply to every municipality
(a) (paragraph repealed);
(b) that has no executive committee or administrative committee under its charter; and
(c) whose council is made up of at least 12 councillors.
1978, c. 63, s. 119; 1979, c. 39, s. 15; 1980, c. 16, s. 73; 1982, c. 2, s. 30; 1996, c. 2, s. 132.
§ 6. — Officers and employees of the municipality
71. The council shall appoint by resolution such officers and employees as it deems necessary for the administration of the municipality, and shall fix their salaries.
An absolute majority of the votes of the members of the council is required in order that the council may dismiss, suspend without pay or reduce the salary of an officer or employee who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held a position for at least six months or has held, within the municipality, a position the holder of which is not an employee within the meaning of that Code. However, in the case of the chief auditor, a two-thirds majority of the votes of the members is required.
The second paragraph also applies to any officer or employee who is not an employee represented by a certified association within the meaning of the Labour Code, who is designated under paragraph 7 of section 119 of the Act respecting land use planning and development (chapter A-19.1), designated under section 35 of the Municipal Powers Act (chapter C-47.1), responsible for the issuance of the authorization required under section 3 of the Groundwater Catchment Regulation, enacted by Order in Council 692-2002 (2002, G.O. 2, 2657), 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, chapter Q-2, r.8), and who, for at least six months, has held that position or a position, within the municipality, referred to in the second paragraph.
R. S. 1964, c. 193, s. 69; 1968, c. 17, s. 88; 1968, c. 53, s. 1; 1968, c. 55, s. 27; 1983, c. 57, s. 46; 2000, c. 12, s. 316; 2000, c. 54, s. 1; 2001, c. 25, s. 12; 2004, c. 20, s. 94; 2005, c. 6, s. 190.
72. A resolution dismissing, suspending without pay or reducing the salary of an officer or employee referred to in the second or third paragraph of section 71, shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25).
Subject to section 89 of the Police Act (chapter P-13.1), a person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the Commission des relations du travail established by the Labour Code (chapter C-27) to make an inquiry and dispose of the complaint.
1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66; 2000, c. 12, s. 317; 2000, c. 54, s. 2; 2001, c. 26, s. 86.
72.1. The provisions of the Labour Code (chapter C-27) respecting the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19.
1995, c. 34, s. 9; 2000, c. 54, s. 2; 2001, c. 26, s. 87.
Powers of the Commission des relations du travail.
72.2. The Commission des relations du travail may
(1) order the municipality to reinstate the officer or employee;
(2) order the municipality to pay to the officer or employee an indemnity up to a maximum equivalent to the salary the officer or employee would normally have received had there been no such measure;
(3) render any other decision the Commission des relations du travail believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the municipality to pay to the officer or employee compensation up to a maximum equivalent to the amount the officer or employee disbursed to exercise the recourse.
2000, c. 54, s. 2; 2001, c. 26, s. 88.
2000, c. 54, s. 2; 2001, c. 26, s. 89.
73. Sections 72 to 72.2 and 73.1 apply to a municipality even where the municipality's charter enacts for the municipality a section of this Act bearing the same number or repeals, replaces or amends section 71, directly or indirectly, in whole or in part.
1968, c. 53, s. 1; 1995, c. 34, s. 10; 1996, c. 2, s. 133; 2000, c. 54, s. 2; 2000, c. 56, s. 107; 2001, c. 26, s. 90.
73.1. Sections 71 to 73 do not apply to a suspension without pay unless
(1) the suspension is for more than twenty working days, or
(2) the suspension, whatever its duration, occurs within twelve months following the expiry of a suspension without pay for more than twenty working days.
1983, c. 57, s. 48.
73.2. 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 and, consequently, the power to authorize an expenditure for that purpose.
The hiring has no effect unless, in accordance with a by-law adopted under the second paragraph of section 477, funds are available for that purpose.
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. 9; 1997, c. 93, s. 48; 2006, c. 31, s. 13.
73.3. Any officer or employee performing duties within the scope of the powers exercised by the council of a borough recognized under section 29.1 of the Charter of the French language (chapter C-11) is, for the purposes of sections 20 and 26 of that Charter, deemed to be an officer or employee of the borough.
2003, c. 14, s. 156.
R. S. 1964, c. 193, s. 70; 1968, c. 55, s. 5; 1996, c. 27, s. 10.
R. S. 1964, c. 193, s. 71; 1968, c. 55, s. 5; 1996, c. 27, s. 10.
R. S. 1964, c. 193, s. 72; 1995, c. 34, s. 11.
Duties of officers and employees.
77. The council may, by by-law, determine the duties of the officers or employees of the municipality not defined by this Act or the charter.
Alcoholic beverages permit.
Subject to the Act respecting liquor permits (chapter P-9.1), the council may, from time to time, by resolution, designate one of the officers or employees of the municipality 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.
R. S. 1964, c. 193, s. 73; 1968, c. 55, s. 5; 1975, c. 66, s. 8; 1979, c. 71, s. 160; 1983, c. 57, s. 49.
78. Whenever an act or proceeding must be executed by more than two officers or employees of the municipality, it may be validly executed by the majority of such officers or employees, save in cases otherwise provided for.
R. S. 1964, c. 193, s. 74; 1968, c. 55, s. 5.
Officer or employee quitting office.
79. Every officer or employee of the municipality who has ceased to discharge the duties of his office shall deliver, within the eight days next following, to the mayor, or at the office of the council, all the moneys, keys, books, papers, insignia, documents, records and other things belonging to the council.
R. S. 1964, c. 193, s. 75; 1968, c. 55, s. 5.
80. If any officer or employee of the municipality die, or if he be absent from the territory of the municipality, his representatives or heirs shall, within one month from his death or absence, deliver, to the mayor or at the office of the council, the moneys, keys, books, papers, objects, documents, records and other things belonging to the council, and which he had in charge or in use in the execution of the office so held by him.
R. S. 1964, c. 193, s. 76; 1968, s. 55, s. 5; 1996, c. 2, s. 134.
81. In the case of section 79 or 80, the council may, in addition to any other legal recourse, recover, from such officer or employee of the municipality or from his representatives, all such moneys, keys, books, papers, insignia, documents, records and other things, without prejudice to damages, with costs.
Revendication towards other person.
The council may exercise the same rights and obtain the same remedy against any other person having in his possession and refusing to deliver up any such things.
R. S. 1964, c. 193, s. 77; 1968, c. 55, s. 5.
Officers or employees to report.
82. Every officer or employee of the municipality shall give an accurate report in writing, and in the manner determined by the council, to the council or to any authorized person, 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 council and under its control, specifying the objects for which such moneys were so paid or disbursed.
R. S. 1964, c. 193, s. 79; 1968, c. 55, s. 5.
83. The council may bring an action to account against any employee responsible for moneys belonging to the municipality, and he shall, if necessary, be condemned to render account, and to pay the sum which he is declared to owe, with interest and costs of suit.
R. S. 1964, c. 193, s. 80 (part); 1965 (1st sess.), c. 80, a. 1.
84. The council may establish a tariff of fees payable to officers or employees of the municipality for their services, whether by persons who have required such services 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.
R. S. 1964, c. 193, s. 81; 1968, c. 55, s. 5; 1996, c. 27, s. 11.
not in force
84.1. Every 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 Baie-James.
2000, c. 54, s. 3; 2000, c. 56, s. 108.
85. The council shall always have an officer or employee of the municipality as keeper of its office and archives.
Such officer or employee shall be styled the clerk.
R. S. 1964, c. 193, s. 82; 1968, c. 55, s. 5; 1996, c. 2, s. 135.
86. The office of the clerk shall be established in the place where the sittings of the council are held, or in any other place fixed by resolution of the council.
R. S. 1964, c. 193, s. 83.
87. The clerk shall be the custodian of the books, registers, plans, maps, archives and other documents and papers, which are either the property of the municipality or are produced, filed or preserved in its office.
R. S. 1964, c. 193, s. 84; 1999, c. 40, s. 51.
88. The clerk cannot divest himself of the custody of any of such things, except with the permission of the council or upon an order of a court.
R. S. 1964, c. 193, s. 85.
1977, c. 52, s. 10; 1983, c. 38, s. 62.
90. The clerk shall attend at all sittings of the council, and draw up minutes of all the acts and proceedings thereof.
R. S. 1964, c. 193, s. 86.
91. (Section renumbered).
R. S. 1964, c. 193, s. 87; 1968, c. 55, s. 29; 1975, c. 66, s. 9; 1987, c. 68, s. 26.
92. Copies and extracts, certified by the clerk, of and from any books, registers, archives, documents or papers preserved in the office of the municipality, shall be evidence of their contents.
R. S. 1964, c. 193, s. 88.
92.1. The clerk is authorized to amend the minutes or a by-law, resolution, order or other act of the council, executive committee or borough council in order to correct an error that is obvious just by reading the documents provided in support of the decision. In such a case, the clerk must attach the minutes of the correction to the original of the amended document and file a copy of the amended document and of the minutes of the correction at the next meeting of the council, executive committee or borough council.
2005, c. 28, s. 48.
93. The registers and documents in the possession of the clerk and forming part of the archives of the council may be inspected during regular working hours by any person applying to do so.
R. S. 1964, c. 193, s. 89; 1979, c. 36, s. 61; 1987, c. 68, s. 27.
R. S. 1964, c. 193, s. 90; 1968, c. 55, s. 30; 1984, c. 38, s. 9.
R. S. 1964, c. 193, s. 91; 1984, c. 38, s. 9.
96. The assistant clerk, if appointed by the council, may perform all the duties of the office of clerk, with the same rights, powers and privileges, and under the same obligations and penalties.
In the case of a vacancy in the office of the clerk, the assistant clerk shall perform the duties of the office until the vacancy is filled.
R. S. 1964, c. 193, s. 92.
97. The council shall have an officer or employee of the municipality, called the treasurer, who shall be the collector and depositary of all the moneys of the municipality.
R. S. 1964, c. 193, s. 93; 1968, c. 55, s. 5.
98. The treasurer's office shall be in the place where the sittings of the council are held, or in any other place fixed by resolution of the council.
R. S. 1964, c. 193, s. 94.
99. Subject to all other legal provisions, the treasurer shall deposit, in any legally constituted bank, financial services cooperative or trust company which may be designated by the council, the moneys arising from municipal taxes or dues, and all other moneys belonging to the municipality, and shall 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 in any legally constituted bank, financial services cooperative or trust company which 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 a 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 securities in a mutual fund which is managed by a financial institution, and all the securities 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 of such entities. The investments made by such a fund must be limited to those set out in the second paragraph.
The Minister may, by regulation, determine other securities in which the council may invest, through the agency of the mutual fund referred to in the third 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.
R. S. 1964, c. 193, s. 95; 1968, c. 55, s. 31; 1979, c. 36, s. 62; 1992, c. 27, s. 2; 1994, c. 33, s. 7; 1996, c. 77, s. 12; 1997, c. 41, s. 65; 1997, c. 93, s. 49; 2000, c. 29, s. 626; 2006, c. 50, s. 122; 2009, c. 26, s. 18.
100. (1) The treasurer is bound to keep books of account in which he enters, by order of date, the receipts and expenditures, mentioning the persons who have paid moneys into his hands or to whom he has made a payment.
(2) He must obtain and keep vouchers for all payments he has made for the municipality, produce them for audit and inspection, and file them amongst the archives of the municipality.
(3) Such books shall be kept in the form prescribed or approved of by the Minister of Municipal Affairs, Regions and Land Occupancy, or in accordance with the system established by the Government.
R. S. 1964, c. 193, s. 96; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
100.1. Cheques and negotiable instruments other than bonds issued by the municipality shall be signed by the mayor and the treasurer. The signature of the mayor and of the treasurer may be printed, engraved or otherwise reproduced.
1979, c. 36, s. 63; 1994, c. 33, s. 8.
101. The treasurer shall not, nor shall any other officer or employee of the municipality, under a penalty of $20 for each offence,—
discharge;
(1) grant a discharge to any person indebted to the municipality, without having received payment for such debt, either in cash or in an accepted bank cheque;
(2) lend, directly or indirectly, by himself or by others, to any person, moneys belonging to the municipality.
R. S. 1964, c. 193, s. 97; 1968, c. 55, s. 5.
102. The books of accounts of the treasurer and vouchers for his expenses may be inspected during regular working hours by any person applying to do so.
R. S. 1964, c. 193, s. 98; 1979, c. 36, s. 64; 1987, c. 68, s. 28.
R. S. 1964, c. 193, s. 99; 1968, c. 55, s. 32; 1975, c. 66, s. 10; 1987, c. 68, s. 29.
104. Copies and extracts, certified by the treasurer, of and from the books, archives, documents and papers in his custody, shall be evidence of their contents.
R. S. 1964, c. 193, s. 100.
105. At the end of the fiscal year, the 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, Regions and Land Occupancy. It shall include the financial statements, a statement fixing the effective aggregate taxation rate of the municipality, in accordance with Division III of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1) and any other information required by the Minister.
R. S. 1964, c. 193, s. 101; 1984, c. 38, s. 10; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 14; 2009, c. 26, s. 109.
105.1. The treasurer shall, at a sitting of the council, file the financial report, the chief auditor's report transmitted under section 107.14 and the external auditor's report transmitted under section 108.3.
At least five days before the sitting, the clerk shall give public notice indicating that the reports will be filed at that sitting.
1984, c. 38, s. 10; 2001, c. 25, s. 13.
Transmission to the Minister.
105.2. After the filing contemplated in section 105.1 and not later than 30 April, the clerk shall transmit the financial report, the chief auditor's report and the external auditor's report to the Minister of Municipal Affairs, Regions and Land Occupancy.
Report prepared by an officer.
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, des Régions et de l'Occupation du territoire or by a person authorized to act as external 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, des Régions et de l'Occupation du territoire, 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. 10; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 14; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 14; 2009, c. 26, s. 109.
Account of revenues and expenditures.
105.3. The council may call upon the treasurer, at any time during the year, to produce a detailed account of the revenues and expenditures of the municipality.
1984, c. 38, s. 10; 1996, c. 2, s. 209.
105.4. During each six-month period, the treasurer shall file two comparative statements at a sitting of the council.
The first statement compares the revenues and expenditures of the current fiscal year, received or incurred on or before the last day of the month ending at least 15 days before the month in which the statement is filed, and those of the preceding fiscal year received or incurred during the corresponding period of that fiscal year.
The second statement compares the projected revenues and expenditures for the current fiscal year, as at the time the statement is prepared and based on the information at the treasurer's disposal, and those provided for in the budget for that fiscal year.
The comparative statements for the first six-month period must be filed at a regular sitting held in May at the latest. The comparative statements for the second six-month period must be filed at the last regular sitting held at least four weeks before the sitting at which the budget for the following fiscal year is to be adopted.
1984, c. 38, s. 10; 1996, c. 2, s. 209; 2006, c. 31, s. 15.
105.5. All actions, claims or demands against the treasurer and arising from his administration shall be prescribed by five years from the financial report drawn up by him.
1984, c. 38, s. 10.
106. The assistant treasurer, if one is appointed by the council, may exercise all the powers of the office of treasurer, with the rights, duties, privileges, obligations and penalties attached to such office.
In case of vacancy in the office of treasurer, the assistant treasurer shall perform the duties of such office until the vacancy is filled.
R. S. 1964, c. 193, s. 102.
IV. — Secretary-Treasurer
107. The council, if it deem it expedient, may appoint a single person to fill the offices of clerk and treasurer. In such case the officer or employee of the municipality filling such offices shall be known as the secretary-treasurer, and he shall have the same rights, powers and privileges, and shall be liable to the same obligations and penalties, as those determined and prescribed for such offices.
Assistant secretary-treasurer.
The council may also appoint a single person to fill the offices of assistant clerk and assistant treasurer. Such officer or employee shall be known as the “assistant secretary-treasurer” and he may exercise all the powers of the office of secretary-treasurer, with the rights, duties, privileges, obligations and penalties attached to such office.
R. S. 1964, c. 193, s. 103; 1968, c. 55, s. 5.
IV.1. — Chief auditor2001, c. 25, s. 15.
107.1. The council of every municipality having 100,000 inhabitants or more shall have an officer called the chief auditor.
2001, c. 25, s. 15.
107.2. The chief auditor shall, by a resolution approved by a two-thirds majority of the votes of the members of the council, be appointed for a term of seven years. The term may not be renewed.
2001, c. 25, s. 15.
107.3. In no case may the following persons act as chief auditor :
(1) a member of the council of the municipality and, where applicable, of a borough council ;
(2) the associate of a member mentioned in subparagraph 1 ;
(3) a person who, personally or through an associate, has any direct or indirect interest in a contract with the municipality or a legal person referred to in paragraph 2 of section 107.7.
The chief auditor shall disclose in every report produced any situation that could cause a conflict between the chief auditor's personal interest and duties of office.
2001, c. 25, s. 15.
107.4. If the chief auditor is unable to act, or if the office of chief auditor is vacant, the council shall,
(1) not later than at the sitting following the inability to act or the vacancy, designate a person qualified to replace the chief auditor, for a period of not more than 180 days ;
(2) not later than at the sitting following the inability or the vacancy, or not later than at the sitting following the expiry of the period fixed under paragraph 1, appoint a new chief auditor in accordance with section 107.2.
2001, c. 25, s. 15.
107.5. The budget of the municipality shall include an appropriation to provide for payment of a sum to the chief auditor to cover the expenses relating to the exercise of the chief auditor's duties.
Subject to the third paragraph, the appropriation must be equal to or greater than the product obtained by multiplying the total of the other appropriations provided for in the budget for operating expenses by
(1) 0.17% where the total of those appropriations is less than $100,000,000 ;
(2) 0.16% where the total of those appropriations is at least $100,000,000 and less than $200,000,000 ;
(3) 0.15% where the total of those appropriations is at least $200,000,000 and less than $400,000,000 ;
(4) 0.14% where the total of those appropriations is at least $400,000,000 and less than $600,000,000 ;
(5) 0.13% where the total of those appropriations is at least $600,000,000 and less than $800,000,000 ;
(6) 0.12% where the total of those appropriations is at least $800,000,000 and less than $1,000,000,000 ;
(7) 0.11% where the total of those appropriations is at least $1,000,000,000.
Where the budget of the municipality provides for appropriations for operating expenses related to the operation of a system of production, transmission or distribution of electric power, 50% only of those appropriations shall be taken into account in establishing the total of the appropriations referred to in the second paragraph.
2001, c. 25, s. 15; 2001, c. 68, s. 5.
107.6. The chief auditor is responsible for the application of the municipality's policies and standards relating to the management of the human, material and financial resources assigned to auditing.
2001, c. 25, s. 15.
107.7. The chief auditor shall audit the accounts and affairs
(1) of the municipality ;
(2) of every legal person in respect of which the municipality or a mandatary of the municipality holds more than 50% of the outstanding shares or voting shares or appoints more than 50% of the members of the board of directors.
2001, c. 25, s. 15.
107.8. The audit of the affairs and accounts of the municipality and of any legal person referred to in paragraph 2 of section 107.7 comprises, to the extent considered appropriate by the chief auditor, financial auditing, auditing for compliance of their operations with the Acts, regulations, policies and directives, and auditing for value-for-money.
The audit must not call into question the merits of the policies and objectives of the municipality or legal persons referred to in paragraph 2 of section 107.7.
Documents and information.
The chief auditor in the performance of his duties is authorized
(1) to examine any document concerning the affairs and accounts relating to the objects of the audit ;
(2) to require from any employee of the municipality or any legal person referred to in paragraph 2 of section 107.7 all information, reports and explanations the chief auditor considers necessary.
2001, c. 25, s. 15; 2001, c. 68, s. 6.
107.9. Any legal person receiving an annual subsidy from the municipality of at least $100,000 is required to have its financial statements audited.
The auditor of a legal person not referred to in paragraph 2 of section 107.7 that receives an annual subsidy from the municipality of at least $100,000 shall transmit to the chief auditor a copy of
(1) the annual financial statements of the legal person ;
(2) the auditor's report on the statements ;
(3) any other report summarizing the auditor's findings and recommendations to the board of directors or the officers of the legal person.
Documents and information.
That auditor shall also, on the request of the chief auditor,
(1) place at the disposal of the chief auditor any document relating to the auditor's audit and its results ;
(2) provide all information and explanations the chief auditor considers necessary concerning the auditor's audit and its results.
Where the chief auditor considers that the information, explanations and documents provided by an auditor under the second paragraph are insufficient, the chief auditor may conduct such additional audit as he considers necessary.
2001, c. 25, s. 15.
107.10. The chief auditor may conduct an audit of the accounts or documents of any person having received financial assistance from the municipality or from a legal person referred to in paragraph 2 of section 107.7, as regards the use made of such assistance.
The municipality and the person having received the financial assistance are required to furnish to or place at the disposal of the chief auditor any accounts and documents that the chief auditor considers relevant to the performance of the chief auditor's duties.
The chief auditor is authorized to require from any officer or employee of the municipality or from any person having received financial assistance any information, reports and explanations the chief auditor considers necessary to the performance of the chief auditor's duties.
2001, c. 25, s. 15.
107.11. The chief auditor may conduct an audit of the pension plan or pension fund of a pension committee of a municipality or a legal person referred to in paragraph 2 of section 107.7 where the committee requests the chief auditor to do so with the approval of the council.
2001, c. 25, s. 15.
107.12. The chief auditor shall, every time the council so requests, investigate and report on any matter within the competence of the chief auditor. In no case, however, may the investigation take precedence over the primary responsibilities of the chief auditor.
2001, c. 25, s. 15.
107.13. Not later than 31 August each year, the chief auditor shall transmit to the mayor, to be filed with the council at the first regular sitting following its receipt, a report presenting the results of the audit for the fiscal year ending on the previous 31 December and indicate any fact or irregularity the chief auditor considers expedient to mention, in particular in relation to
(1) control of revenue including assessment and collection;
(2) control of expenditure, including authorization, and compliance with appropriations;
(3) control of assets and liabilities including related authorizations;
(4) accounting for operations and related statements;
(5) control and safeguard of property owned or administered;
(6) acquisition and utilization of resources without sufficient regard to economy or efficiency;
(7) implementation of satisfactory procedures to measure and report effectiveness in cases where it is reasonable to do so.
The chief auditor may also, at any time, transmit to the mayor or the chair of the board of directors of a legal person described in paragraph 2 of section 107.7 a report of the findings and recommendations that, in the opinion of the chief auditor, warrant being brought to the attention of the council or the board of directors, as applicable, before the transmission of the chief auditor's annual report. The mayor or the chair of the board of directors must file the report with the council or board, as applicable, at the first regular sitting or meeting following its receipt.
If the chief auditor transmits a report to the chair of the board of directors of a legal person described in paragraph 2 of section 107.7, the chief auditor must also transmit a copy of the report to the mayor of the municipality, to be filed with the council at the first regular sitting following its receipt.
2001, c. 25, s. 15; 2010, c. 18, s. 21.
107.14. The chief auditor shall report to the council on the audit of the financial statements of the municipality and the statement fixing the aggregate taxation rate.
In the report, which shall be transmitted to the treasurer, the chief auditor shall state, in particular, whether
(1) the financial statements faithfully represent the municipality's financial position on 31 December and the results of its operations for the fiscal year ending on that date;
(2) the effective aggregate taxation rate was fixed in accordance with Division III of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1).
2001, c. 25, s. 15; 2006, c. 31, s. 16; 2010, c. 18, s. 22.
107.15. The chief auditor shall report to the boards of directors of the legal persons referred to in paragraph 2 of section 107.7 on the audit of the financial statements before the expiry of the time within which they are to produce their financial statements.
In the report, the chief auditor shall state, in particular, whether the financial statements faithfully represent their financial position and the results of their operations at the end of their fiscal year.
2001, c. 25, s. 15.
107.16. Notwithstanding any general law or special Act, neither the chief auditor nor the employees under the chief auditor's direction or the professionals under contract may be compelled to give testimony relating to any information obtained in the performance of their duties or to produce any document containing such information.
Neither the chief auditor nor the employees under the chief auditor's direction may be prosecuted by reason of any act they have done or failed to do in good faith in the performance of their duties.
No civil action may be instituted by reason of the publication of a report of the chief auditor prepared under this Act or of the publication in good faith of an extract or summary of such a report.
Except on a question of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised nor any injunction granted against the chief auditor, the employees under the chief auditor's direction or the professionals under contract acting in their official capacity.
A judge of the Court of Appeal, on a motion, may summarily annul any proceeding instituted or decision rendered contrary to the provisions of the first paragraph.
2001, c. 25, s. 15.
107.17. The council may establish an audit committee and determine its composition and powers.
Audit committee of the urban agglomeration of Montréal.
Despite the first paragraph, in the case of the urban agglomeration of Montréal, the council must establish an audit committee composed of not more than 10 members appointed on the proposal of the mayor of the central municipality. Two of the committee members must be council members representing the reconstituted municipalities. Those two members shall take part in deliberations and votes of the committee on any matter related to an urban agglomeration power.
Opinions and information of the committee.
In addition to the other powers that may be entrusted to it, the committee established in the case of the urban agglomeration of Montréal shall submit opinions to the urban agglomeration council on the requests, findings and recommendations of the chief auditor concerning the urban agglomeration. It shall also inform the chief auditor of the interests and concerns of the urban agglomeration council with respect to the audit of the accounts and affairs of the central municipality. On an invitation by the committee, the chief auditor or a person designated by the chief auditor may attend a sitting and take part in deliberations.
2001, c. 25, s. 15; 2008, c. 19, s. 11; 2009, c. 26, s. 19.
V. — External auditor2001, c. 25, s. 16.
108. The council shall appoint an external auditor for not more than three fiscal years, except in the case of a municipality with a population of 100,000 or more, where the external auditor shall be appointed for three fiscal years. At the end of the term, the external auditor shall remain in office until replaced or reappointed.
Information sent to the Minister.
If the external auditor appointed for a fiscal year is not the external auditor in office for the preceding fiscal year, the clerk shall inform the Minister of Municipal Affairs, Regions and Land Occupancy of the name of the new external auditor as soon as possible after his appointment.
R. S. 1964, c. 193, s. 104; 1975, c. 66, s. 11; 1984, c. 38, s. 11; 1995, c. 34, s. 12; 1996, c. 27, s. 12; 1999, c. 43, s. 13; 2001, c. 25, s. 17; 2003, c. 19, s. 110, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
108.1. If the office of the external auditor becomes vacant before the expiry of his term, the council shall fill the vacancy as soon as possible.
1984, c. 38, s. 11; 2001, c. 25, s. 18; 2003, c. 19, s. 111.
108.2. Subject to section 108.2.1, the external auditor shall audit, for the fiscal year for which he was appointed, the financial statements, the statement fixing the aggregate taxation rate and any other document determined by the Minister of Municipal Affairs, Regions and Land Occupancy by regulation published in the Gazette officielle du Québec.
The auditor shall make a report of his audit to the council. He shall state in his report, in particular, whether
(1) the financial statements faithfully represent the municipality's financial position on 31 December and the results of its operations for the fiscal year ending on that date;
(2) the effective aggregate taxation rate was fixed in accordance with Division III of Chapter XVIII.1 of the Act respecting municipal taxation (chapter F-2.1).
1984, c. 38, s. 11; 1996, c. 2, s. 209; 1999, c. 43, s. 13; 2001, c. 25, s. 19; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 17; 2009, c. 26, s. 109.
108.2.1. In the case of a municipality having 100,000 inhabitants or more, the external auditor shall audit, for each fiscal year for which the external auditor has been appointed,
(1) the accounts relating to the chief auditor;
(2) the financial statements of the municipality and any document determined by the Minister of Municipal Affairs, Regions and Land Occupancy by regulation published in the Gazette officielle du Québec.
The external auditor shall make a report of the audit to the council. The external auditor shall state in the report on the financial statements, in particular, whether the financial statements faithfully represent the municipality's financial position on 31 December, and the results of its operations for the fiscal year ending on that date.
2001, c. 25, s. 20; 2001, c. 68, s. 7; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
108.3. The external auditor shall transmit to the treasurer the report referred to in section 108.2 or, as the case may be, the report referred to in subparagraph 2 of the first paragraph of section 108.2.1.
The report referred to in subparagraph 1 of the first paragraph of section 108.2.1 shall be transmitted to the council on the date determined by the council.
1984, c. 38, s. 11; 2001, c. 25, s. 21; 2010, c. 18, s. 23.
108.4. The council may require any other audit it considers necessary, and require a report.
1984, c. 38, s. 11.
Access to books and information.
108.4.1. The external auditor shall have access to the books, accounts, securities, documents and vouchers and may require the employees of the municipality to furnish any information and explanations necessary for the performance of the external auditor's mandate.
2001, c. 25, s. 22.
108.4.2. The chief auditor shall place at the disposal of the external auditor all books, statements and other documents prepared or used by the chief auditor during the audit conducted under section 107.7 and that the external auditor considers necessary to carry out his mandate.
2001, c. 25, s. 22; 2005, c. 28, s. 49.
108.5. In no case may the following persons act as external auditor of the municipality;
(1) a member of the council of the municipality and, where applicable, of a borough council;
(2) an officer or an employee of the municipality;
(3) the associate of a person mentioned in paragraph 1 or 2;
(4) a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any participation, interest or commission in or under a contract with the municipality or in respect of such a contract, or who derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.
1984, c. 38, s. 11; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 2001, c. 25, s. 23.
108.6. The external auditor may be an individual or a partnership. The external auditor may entrust his employees with his work but his responsibility is then the same as if he had performed all the work personally.
1984, c. 38, s. 11; 1999, c. 40, s. 51; 2001, c. 25, s. 24.
V.1. — Auditor ad hoc2001, c. 25, s. 25.
Special audit of accounts.
109. At any time of the year, if so required in writing by at least 50 ratepayers, the council shall also order a special audit of the accounts of the municipality for one or more of the last five years, provided that no such audit has already been made for the same years under this section.
The auditor ad hoc shall be appointed by the council, but before he is appointed the choice which the council intends to make must be accepted in writing by the majority of the ratepayers who demanded the audit; failing agreement between such ratepayers and the council, the auditor ad hoc shall be appointed by a judge of the Court of Québec upon the petition of one of the parties after notice of eight clear days to the other party.
The costs of such audit shall be payable by the responsible officer or employee of the municipality, if he has been guilty of embezzlement or if, having been found short in his accounts, he fails to repay the balance within the time fixed by the last paragraph; otherwise the costs shall be payable by the persons who demanded the audit, unless the audit is of no advantage to the municipality.
The demand for an audit under this section must be accompanied by a deposit of $2,000, which shall be returned to the petitioners if the costs of the audit are not charged to them.
Responsibility of auditor ad hoc.
Any auditor ad hoc appointed for such purposes may be an individual or a partnership, and may entrust the work to his or its employees, but then the responsibility of such auditor shall be the same as if such work had been entirely performed by the auditor himself. In the case of a partnership, the taking of the oath of office by one of the partners shall be sufficient.
Within 30 days after the service upon him of a copy of the report of the audit, the defaulting officer or employee of the municipality must pay the amount of the balance which he has been found to owe, as well as the costs of the audit.
R. S. 1964, c. 193, s. 105; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 5; 1988, c. 21, s. 66; 1996, c. 2, s. 209; 1999, c. 40, s. 51; 2001, c. 25, s. 26.
VI. — Repealed, 2005, c. 6, s. 194.2005, c. 6, s. 194.
R. S. 1964, c. 193, s. 106; 1968, c. 53, s. 2; 1968, c. 55, s. 33; 1977, c. 52, s. 11; 1979, c. 72, s. 490; 1986, c. 31, s. 4; 1988, c. 76, s. 1; 2005, c. 6, s. 194.
R. S. 1964, c. 193, s. 107; 1977, c. 52, s. 11; 2005, c. 6, s. 194.
VII. — Director general1983, c. 57, s. 50.
112. The council must appoint a director general and fix his salary.
A person may hold the office of director general and a position as officer or employee of the municipality simultaneously.
Assistant director general.
The council may also appoint an assistant director general who shall replace the director general if he is absent or if he is unable or refuses to act or if the office of director general is vacant. If no assistant director general is appointed, the council may designate an officer or employee of the municipality to perform the duties of an assistant director general.
Where the council appoints more than one assistant director general or designates several officers or employees to perform the duties of assistant director general, it shall establish their respective competence so as to determine who shall replace the director general in any of the cases contemplated in the third paragraph.
R. S. 1964, c. 193, s. 108; 1968, c. 55, s. 34; 1983, c. 57, s. 50; 2006, c. 60, s. 22.
113. The director general is the chief officer of the municipality.
The director general has authority over all the other officers and employees of the municipality, except the chief auditor, who reports directly to the council. With respect to an officer or employee whose duties are prescribed by law, the authority of the director general is exercised only within the framework of his duties as the administrator of human, material and financial resources of the municipality and may in no case hinder the carrying out of duties that are prescribed by law.
The director general may suspend an officer or employee from his duties. He shall immediately make a report of the suspension to the council. The council shall decide the case of the suspended officer or employee, after inquiry.
R. S. 1964, c. 193, s. 109; 1968, c. 55, s. 5; 1983, c. 57, s. 50; 2001, c. 25, s. 27.
1979, c. 67, s. 39; 1983, c. 57, s. 50.
114. Under the authority of the council or the executive committee, the director general is responsible for the administration of the municipality and, for that purpose, he shall plan, organize, direct and supervise the activities of the municipality.
R. S. 1964, c. 193, s. 115; 1968, c. 55, s. 36; 1983, c. 57, s. 50.
Duties of the director general.
114.1. In application of sections 113 and 114, the director general 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 director general shall have access to every document 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 prepare 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 submit to the council, the executive committee or another committee, as the case may be, the budgets, programs of capital expenditures, plans, programs and projects prepared by him together with his observations and recommendations concerning the complaints, claims and draft by-laws that he has examined;
(6) he shall make to the council, the executive committee or another committee, as the case may be, a report on any matter that he believes should be brought to it in view of the sound management of public funds, the progress of the municipality and the welfare of its citizens provided that the report does not, in the opinion of the head of the police department, tend to disclose the content of a record concerning a police investigation; and, he shall, where he considers it expedient, add his own conclusions to the record of any matter submitted to the council, the executive committee or another committee;
(7) he shall attend the meetings of the council, of the executive committee and of other committees and, with the permission of the chairman of the meeting, give his advice and present recommendations on the matters debated, without having the right to vote;
(8) subject to the powers of the mayor, he shall see to it that the by-laws of the municipality and the decisions of the council are implemented and, particularly, see to it that the funds are used for the purposes for which they were voted.
1983, c. 57, s. 50.
114.1.1. Sections 112 to 114.1 apply to every municipality governed by this Act, even if a provision of the charter of the municipality that came into force before 19 December 1968 repeals, replaces or amends, directly or indirectly, one or more of those sections.
However, subject to section 3, sections 112 to 114.1 do not apply to Ville de Laval and Ville de Hull.
1996, c. 2, s. 136.
VIII. — The person in charge of access to documents of the municipality1987, c. 68, s. 30.
114.2. 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.
R. S. 1964, c. 193, s. 87; 1968, c. 55, s. 29; 1975, c. 66, s. 9; 1987, c. 68, s. 26; 1995, c. 34, s. 13.
114.3. 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. 31.
IX. — Office staff2005, c. 28, s. 50.
114.4. The mayor or a designated councillor, within the meaning of section 114.5, of a municipality with a population of 100,000 or more may appoint a chief of staff and any other staff members necessary for the orderly administration of the mayor's or the councillor's office.
However, a designated councillor may not exercise the power provided for the first paragraph until the mayor does so.
The mayor of a borough of Ville de Montréal also has the power provided for in the first paragraph.
2005, c. 28, s. 50; 2005, c. 50, s. 9.
“designated councillor” .
114.5. For the purposes of sections 114.4, 114.11 and 114.12, “designated councillor” means the councillor designated as such by an authorized party, other than the party to which the mayor belongs, that obtained at least 20% of all the valid votes at the last general election in the municipality.
However, if, among the authorized parties other than the mayor's, there is none that obtained that minimum percentage of votes at that election, “designated councillor” means the councillor designated as such by the party among those other parties that obtained the greatest number of valid votes at that election.
Conditions of designation.
The designation is valid for the duration of the current term of the councillor. It ceases to have effect, however, before the end of that term if the councillor ceases to belong to the authorized party that made the designation or if the designation is revoked or transferred. The designation of a councillor who continues to belong to the authorized party that made the designation may be revoked or transferred before the end of the term only if the councillor did not exercise the power provided for in section 114.4.
A notice of the designation is signed by the party leader and submitted to the council by a councillor in the party. The same applies for revocation of the designation if it does not result from a transfer.
2005, c. 28, s. 50.
114.6. The standards and scales according to which the chief of staff and other staff members are recruited, appointed and remunerated, as well as their other conditions of employment, are determined by the executive committee.
2005, c. 28, s. 50.
114.7. Subject to section 114.10, a person who joins the office staff of the mayor or a designated councillor does not become or ceases to be an officer or employee of the municipality.
Classification maintained.
However, a person who ceases to be an officer or employee of the municipality under the first paragraph retains the classification held at the time of appointment to the office staff of the mayor or a designated councillor throughout the period of that appointment.
2005, c. 28, s. 50.
Classification on returning to public service.
114.8. A former officer or employee referred to in section 114.7 may, at any time, require from the municipality an assessment of the classification that former officer or employee would be assigned if the right to return to the public service were exercised under section 114.9.
The assessment must take into account the classification referred to in the second paragraph of section 114.7, as well as the experience and education acquired since the date of appointment to the office staff of the mayor or a designated councillor.
2005, c. 28, s. 50.
Reassessment of qualifications.
114.9. A former officer or employee referred to in section 114.7 may, on ceasing to be a member of the office staff of the mayor or a designated councillor, require that the municipality reassess the qualifications of the former officer or employee and rehire that person by priority in a position corresponding to those qualifications.
The application for reassessment must be made in writing and received not later than the sixtieth day following the day the person ceases to be a member of that office staff.
2005, c. 28, s. 50.
114.10. A person who is a member of the office staff of the mayor or a designated councillor is deemed to be an officer or employee of the municipality for the purposes of Division XIII.1.
2005, c. 28, s. 50.
114.11. If the mayor or a designated councillor exercised the power provided for in section 114.4 before the budget of the municipality was adopted, the budget must contain an appropriation to cover the expenditures relating to office staff and determined according to the standards, scales and other conditions set under section 114.6. The same applies to the budget of a borough of Ville de Montréal if the borough mayor exercised that power before the budget was adopted.
However, the appropriation may not exceed the amount determined by the Minister or the amount that corresponds to the percentage, determined by the Minister, of the total of the other appropriations for operating expenses provided for in the budget. If the Minister determines an amount and a percentage with regard to the same budget, the higher amount constitutes the applicable maximum.
If the budget of the municipality provides for appropriations for operating expenses related to a system of production, transmission or distribution of electric power, only 50% of the appropriations must be considered when determining the total referred to in the second paragraph.
The Minister may establish classes of municipalities and boroughs and determine a different amount or percentage for each one.
2005, c. 28, s. 50; 2005, c. 50, s. 10.
114.12. If no designated councillor exercises the power provided for in section 114.4, the mayor is entitled to the total amount of the appropriation provided for in section 114.11.
Otherwise, unless the Minister determines another way of sharing that amount with respect to any municipality the Minister designates,
(1) if a single designated councillor exercises the power, the mayor is entitled to two-thirds of the amount, and the councillor, to one-third of it;
(2) if two or more designated councillors exercise the power, the mayor is entitled to half the amount and the balance is divided between those councillors in proportion to the valid votes cast at the last general election in the municipality for the authorized party that designated each of them.
2005, c. 28, s. 50; 2005, c. 50, s. 11.
DIVISION V DISQUALIFICATION FOR MUNICIPAL OFFICE1987, c. 57, s. 704.
R. S. 1964, c. 193, s. 122; 1968, c. 55, s. 38; 1969, c. 55, s. 9; 1974, c. 47, s. 3; 1982, c. 63, s. 116; 1987, c. 57, s. 705.
Disqualification under other Act.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
Minister and members of certain bodies;
(1) the Minister of Municipal Affairs, Regions and Land Occupancy and the members of the Commission municipale du Québec and the Société d'habitation du Québec;
(2) members of the Privy Council;
(3) the judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
Contracts with municipality;
(4) any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5) (subparagraph repealed);
(6) 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;
(7) 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 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8) 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).
Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable. Nor does that subparagraph apply to a contract to which the municipality has become a party by succeeding to the rights and obligations of another municipal body, where the contractual relationship of the officer or employee existed before the succession and did not at that time entail disqualification.
Disqualification from municipal office or employment under subparagraph 4 of the first paragraph does not apply to a volunteer fireman or a first responder within the meaning of section 63 of the Act respecting elections and referendums in municipalities.
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2; 2002, c. 37, s. 72; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 18; 2009, c. 26, s. 109.
DIVISION V.1 APPOINTMENTS BY THE MINISTER OF MUNICIPAL AFFAIRS, REGIONS AND LAND OCCUPANCY2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.
Appointment by the Minister.
116.1. Where an appointment under this Act has not been made within the prescribed time or within a time the Minister considers reasonable, the Minister may make the appointment. However, the appointment may be made by the council, even after the expiry of that time, with the permission of the Minister.
2002, c. 37, s. 73.
R. S. 1964, c. 193, s. 124; 1968, c. 55, s. 40; 1987, c. 57, s. 707.
R. S. 1964, c. 193, s. 125; 1968, c. 55, s. 40; 1969, c. 55, s. 10; 1987, c. 57, s. 707.
R. S. 1964, c. 193, s. 126; 1968, c. 55, s. 5; 1987, c. 57, s. 707.
DIVISION VI Repealed, 1987, c. 57, s. 708.1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 128; 1968, c. 55, s. 42; 1987, c. 57, s. 708.
1968, c. 55, s. 42; 1974, c. 47, s. 4; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 129; 1968, c. 55, s. 42; 1969, c. 55, s. 11; 1974, c. 47, s. 5; 1982, c. 63, s. 118.
R. S. 1964, c. 193, s. 131; 1968, c. 55, s. 44; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 132; 1968, c. 55, s. 44; 1982, c. 63, s. 119; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 135; 1968, c. 55, s. 47; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 136; 1968, c. 55, s. 47; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 137; 1968, c. 55, s. 47; 1982, c. 31, s. 138; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 138; 1968, c. 55, s. 47; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 139; 1968, c. 55, s. 47; 1969, c. 55, s. 12; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 140; 1968, c. 55, s. 47; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 141; 1968, c. 55, s. 48; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 147; 1968, c. 55, s. 50; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 148; 1968, c. 55, s. 50; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 150; 1968, c. 55, s. 52; 1969, c. 55, s. 13; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 151; 1968, c. 55, s. 52; 1982, c. 63, s. 120; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 152; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 153; 1968, c. 55, s. 53; 1982, c. 63, s. 121; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 154; 1968, c. 55, s. 54; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 155; 1968, c. 55, s. 55; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 156; 1968, c. 55, s. 56; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 157; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 158; 1968, c. 55, s. 57; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 159; 1987, c. 57, s. 708.
1968, c. 55, s. 58; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 160; 1987, c. 57, s. 708.
1968, c. 55, s. 59; 1969, c. 55, s. 14; 1987, c. 57, s. 708.
1979, c. 36, s. 66; 1980, c. 16, s. 75.
R. S. 1964, c. 193, s. 171; 1968, c. 55, s. 61; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 172; 1987, c. 57, s. 708.
1980, c. 16, s. 74; 1982, c. 2, s. 31; 1987, c. 57, s. 708.
1980, c. 16, s. 74; 1982, c. 2, s. 32; 1987, c. 57, s. 708.
1980, c. 16, s. 74; 1982, c. 2, s. 33; 1982, c. 63, s. 122; 1987, c. 57, s. 708.
1982, c. 63, s. 123; 1987, c. 57, s. 708.
1982, c. 63, s. 123; 1987, c. 57, s. 708.
1982, c. 63, s. 123; 1987, c. 57, s. 708.
1982, c. 63, s. 123; 1987, c. 57, s. 708.
DIVISION VII Repealed, 1987, c. 57, s. 708.1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 173; 1968, c. 55, s. 62; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 174; 1968, c. 55, s. 62; 1969, c. 55, s. 15; 1977, c. 5, s. 14; 1987, c. 57, s. 708.
1979, c. 36, s. 67; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 175; 1968, c. 55, s. 63; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 176; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 177; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 178; 1987, c. 57, s. 708.
1968, c. 55, s. 64; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 179; 1968, c. 55, s. 65; 1982, c. 31, s. 139; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 180; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 181; 1968, c. 55, s. 66; 1982, c. 63, s. 124; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 182; 1968, c. 55, s. 5; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 184; 1982, c. 31, s. 140; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 185; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 186; 1968, c. 55, s. 68; 1979, c. 36, s. 68; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 187; 1968, c. 55, s. 5; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 188; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 189; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 190; 1968, c. 55, s. 5, s. 69; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 191; 1968, c. 55, s. 70; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 192; 1968, c. 55, s. 71; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 193; 1968, c. 55, s. 72; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 195; 1968, c. 55, s. 74; 1982, c. 63, s. 125; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 196; 1968, c. 55, s. 75; 1979, c. 36, s. 69; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 197; 1968, c. 55, s. 75; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 199; 1968, c. 55, s. 77; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 200; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 201; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 202; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 203; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 204; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 205; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 206; 1982, c. 31, s. 141; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 207; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 208; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 209; 1968, c. 55, s. 79; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 210; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 211; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 212; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 213; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 214; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 215; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 216; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 217; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 218; 1968, c. 55, s. 80; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 219; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 220; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 221; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 222; 1968, c. 55, s. 81; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 224 (part); 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 225; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 226; 1982, c. 31, s. 142; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 227; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 228; 1982, c. 31, s. 143; 1987, c. 57, s. 708.
1982, c. 31, s. 143; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 229; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 230; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 231; 1968, c. 55, s. 82; 1982, c. 31, s. 144; 1987, c. 57, s. 708.
1982, c. 31, s. 144; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 232; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 233; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 235 (part); 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 236; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 237; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 238; 1979, c. 36, s. 70; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 239; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 240; 1982, c. 31, s. 145; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 241; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 242; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 243; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 244; 1975, c. 83, s. 84; 1979, c. 36, s. 71; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 246; 1968, c. 55, s. 85; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 247; 1968, c. 55, s. 86; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 248; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 249; 1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
1982, c. 31, s. 146; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 250; 1968, c. 55, s. 87; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 251 (part); 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 252; 1968, c. 55, s. 88; 1969, c. 55, s. 16; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 253; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 254; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 255; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 256; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 257; 1968, c. 55, s. 89; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 258; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 259; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 260; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 261; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 262; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 263; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 264; 1968, c. 55, s. 90; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 265; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 266; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 267; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 268; 1968, c. 55, s. 91; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 269; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 270; 1982, c. 31, s. 147.
R. S. 1964, c. 193, s. 271; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 272; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 273; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 274; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 275; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 276; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 277; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 278; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 279; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 280; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 281; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 282; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 283; 1984, c. 47, s. 213; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 284; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 285; 1984, c. 47, s. 213; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 286; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 287; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 288; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 289; 1979, c. 36, s. 72.
R. S. 1964, c. 193, s. 290; 1979, c. 36, s. 72.
R. S. 1964, c. 193, s. 291; 1979, c. 36, s. 72.
R. S. 1964, c. 193, s. 292; 1979, c. 36, s. 72.
R. S. 1964, c. 193, s. 293; 1979, c. 36, s. 72.
R. S. 1964, c. 193, s. 294; 1968, c. 55, s. 5; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 295; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 296; 1968, c. 55, s. 92; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 297; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 298; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 299; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 300; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 301; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 302; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 303; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 304; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 305; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 306; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 307; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 308; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 309; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 310; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 311; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 312; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 313; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 314; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 315; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 316; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 317; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 318; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 319; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 320; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 321; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 322; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 323; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 324; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 325; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 326; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 327; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 328; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 329; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 330; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 331; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 332; 1968, c. 55, s. 93; 1980, c. 16, s. 76; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 333; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 334; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 335; 1987, c. 57, s. 708.
DIVISION VIII Repealed, 1987, c. 57, s. 708.1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 336; 1965 (1st sess.), c. 17, s. 2; 1968, c. 55, s. 5; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 337; 1968, c. 54, s. 1; 1968, c. 55, s. 5; 1969, c. 56, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 338; 1965 (1st sess.), c. 80, a. 1; 1968, c. 55, s. 94; 1977, c. 5, s. 14; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 339; 1968, c. 55, s. 95; 1974, c. 11, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 340; 1974, c. 11, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 341; 1974, c. 11, s. 2; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 342; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 343; 1982, c. 63, s. 126; 1987, c. 57, s. 708.
1969, c. 56, s. 3; 1987, c. 57, s. 708.
1969, c. 56, s. 3; 1987, c. 57, s. 708.
R. S. 1964, c. 193, s. 344; 1987, c. 57, s. 708.
DIVISION IX SITTINGS OF THE COUNCIL
318. The council shall sit at the place designated in the charter for the first sitting, or, if the charter does not designate it, at the place designated by the Minister of Municipal Affairs, Regions and Land Occupancy, until another place in the territory of the municipality is fixed by resolution of the council, and the council may, in like manner, change the same whenever it thinks fit.
The clerk shall give public notice of any change in the location of sittings.
R. S. 1964, c. 193, s. 345; 1996, c. 2, s. 210; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 15; 2009, c. 26, s. 109.
318.1. 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. 73.
319. The council shall hold regular sittings at least once a month.
The council shall determine the schedule of its regular sittings, setting the date and time of each sitting, before the beginning of the calendar year.
However, the council may decide that a regular sitting is to begin on a date and at a time other than those specified in the schedule.
R. S. 1964, c. 193, s. 346; 2008, c. 18, s. 16.
320. The clerk shall give public notice of the sitting schedule.
The clerk shall also give public notice of any regular sitting to be held on a day or at a time other than that specified in the schedule.
R. S. 1964, c. 193, s. 347; 2008, c. 18, s. 16.
321. The majority of the members of the council shall constitute a quorum for the transaction of business, except as otherwise specially provided by this Act. The mayor shall be deemed to be a member of the council for the purposes of a quorum.
R. S. 1964, c. 193, s. 348; 1999, c. 40, s. 51.
322. The sittings of the council shall be public.
A sitting of the council includes a period during which the persons attending may put oral questions to the members of the council.
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.
In the case of a municipality whose council is made up of more than 20 councillors, the council may, however, order by by-law that the period of oral questions by the persons attending be replaced by the procedure described in the following paragraphs.
Every question must be filed in writing with the clerk of the municipality. The latter shall, upon receiving it, enter the question in a register which forms part of the records and which may, furthermore, be examined during the sittings of the council.
The Mayor or the chairman of the executive committee shall answer the question at a sitting of the council, either orally or by filing with the council a reply in writing which is entered in the record.
The by-law of the council mentioned in the fourth paragraph may limit the number of questions that the same person may file with the clerk.
R. S. 1964, c. 193, s. 349; 1968, c. 55, s. 96; 1980, c. 16, s. 77; 1982, c. 18, s. 145; 1996, c. 2, s. 138; 2000, c. 56, s. 225.
323. The mayor may call a special sitting of the council whenever he deems proper, by an oral or written intimation to the clerk of the municipality. The clerk shall issue a notice of convocation summarily specifying the business to be transacted at such sitting and shall cause such notice to be served upon every member of the council not later than 24 hours before the time fixed for the commencement of the sitting, in accordance with section 338.
Effect of posting notice.
The posting of a notice by registered or certified mail at least two clear days before the sitting is equivalent to service of the notice of convocation.
R. S. 1964, c. 193, s. 350; 1968, c. 55, s. 96; 1969, c. 55, s. 17; 1975, c. 83, s. 84; 1999, c. 40, s. 51.
Requisition for special meeting. Notice.
324. In case the mayor refuses to call a special sitting when deemed necessary by at least the number of members of the council provided for in the second paragraph, such members may, by a requisition to the clerk of the municipality, duly signed by them, order the sitting to be called. Upon receipt of such requisition the clerk of the municipality shall issue a notice to the members in the manner mentioned in section 323, provided such requisition specifies the business for which the sitting is called.
Required number of members.
The minimum number of members of the council that is necessary for the purposes of the first paragraph is
(1) two, where the council has three members;
(2) three, where the council has more than three and fewer than eight members;
(3) 40% of the number of members of the council, where the council has more than seven members.
R. S. 1964, c. 193, s. 351; 2001, c. 68, s. 9; 2002, c. 37, s. 74.
325. At such special sittings, no business but that specified in the notice shall be considered or disposed of, save if all the members of the council are then present and consent thereto.
Waiver by member present.
Any member of the council present at a special sitting may in writing waive notice of such sitting.
R. S. 1964, c. 193, s. 352; 1968, c. 55, s. 97.
326. If at any sitting, the business cannot be fully disposed of, the council may adjourn as often as may be deemed necessary for the consideration and disposal of the unfinished business, without its being necessary to give notice of such adjournment to the members present or absent; but no new business shall be brought or considered upon any adjournment of a special sitting, unless all the members of the council are present and consent.
R. S. 1964, c. 193, s. 353; 2008, c. 18, s. 20.
327. If there be no quorum, two members of the council, thirty minutes after it being established that there is no quorum, may adjourn a meeting to a later date.
Where a sitting of a borough council has a quorum of two members, the sitting shall be adjourned as soon as it is established that there is no quorum.
Special notice of such adjournment must be given by the clerk to all members of the council who were not present at such adjournment.
The hour of the adjournment, the names of the members of the council who were present, and the day and hour to which such meeting was adjourned, shall be entered in the minute-book of the council.
R. S. 1964, c. 193, s. 354; 2001, c. 68, s. 10.
327.1. Where a borough council can no longer validly sit, the city council may, as long as the situation lasts, exercise the powers of the borough council on its behalf.
The acts so done shall have the same effect, in all respects, as if the borough council itself had acted.
2002, c. 77, s. 31.
328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.
The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must 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).
Subject to the fourth paragraph and to section 20.1 of the Charter of Ville de Montréal (chapter C-11.4), when there is a tie-vote, the decision is deemed to be in the negative.
If a tie-vote occurs during a sitting of a borough council composed of an even number of councillors, the mayor of the city must break the tie. The officer who acts as clerk for the borough shall send the mayor a copy of the proposal that was put to a vote. Within 15 days after receiving the copy, the mayor must inform the borough council of his decision in writing. If the mayor does not act within that period, the decision of the borough council in respect of the proposal is deemed to be in the negative.
The fourth paragraph does not apply in the case of a borough council of Ville de Montréal.
R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709; 2006, c. 31, s. 19.
329. The majority of the members present at the sittings of the council shall decide the questions and matters submitted thereto, except where a larger number of concurrent votes may be required by the rules of the council or by law.
R. S. 1964, c. 193, s. 356; 1968, c. 55, s. 99.
R. S. 1964, c. 193, s. 357; 1987, c. 57, s. 710.
331. The council may make and enforce rules and regulations for its internal government and for the maintenance of order during its sittings.
R. S. 1964, c. 193, s. 358.
332. The mayor or any person presiding in his place shall maintain order and decorum during the sittings of the council. He may order that any person disturbing a sitting of the council be removed from the place where the sitting is held.
R. S. 1964, c. 193, s. 359; 1968, c. 55, s. 100; 1986, c. 95, s. 47.
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