© Éditeur officiel du Québec
Updated to 1 April 2014
This document has official status.


chapter C-27.1

Municipal Code of Québec

PRELIMINARY TITLE 
APPLICATION OF THE MUNICIPAL CODE OF QUÉBEC

DECLARATORY AND INTERPRETATIVE PROVISIONS

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

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

M.C. 1916, a. 1; 1982, c. 2, s. 1; 1988, c. 19, s. 240; 1996, c. 2, s. 222; 2000, c. 56, s. 125.

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

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

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

1969, c. 82, s. 1; 1996, c. 2, s. 223; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

3. (Repealed).

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

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

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

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

5. (Repealed).

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

6. A municipality may have a seal.

M.C. 1916, a. 5; 1968, c. 86, s. 1; 1977, c. 5, s. 14; 1979, c. 36, s. 1; 1982, c. 63, s. 1; 1984, c. 38, s. 45; 1994, c. 33, s. 21; 1995, c. 34, s. 24; 1996, c. 2, s. 225; 1996, c. 27, s. 42; 1999, c. 40, s. 60; 2005, c. 6, s. 197.

6.1. Unless otherwise provided, no property of a municipality may be alienated otherwise than for a consideration. Each month the secretary-treasurer 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.

1996, c. 77, s. 21; 2000, c. 56, s. 218; 2005, c. 6, s. 197.

6.2. 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.

2005, c. 6, s. 197.

6.3. Unless otherwise provided, no municipality may acquire or build property mainly for leasing purposes.

2005, c. 6, s. 197.

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

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

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

 (2) of the Société québécoise des infrastructures, so that they may be occupied by a health and social service provider within the meaning of the fourth paragraph of section 28 of the Public infrastructure Act (chapter I-8.3);

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

1977, c. 53, s. 1; 1979, c. 36, s. 2; 1984, c. 47, s. 27; 1984, c. 38, s. 46; 1985, c. 27, s. 37; 1992, c. 21, s. 133, s. 375; 1994, c. 23, s. 23; 1995, c. 34, s. 25; 1996, c. 2, s. 226; 1996, c. 16, s. 62; 1997, c. 58, s. 22; 1998, c. 31, s. 26; 2005, c. 47, s. 137; 2011, c. 16, s. 180; 2013, c. 23, s. 103.

8. (Repealed).

1979, c. 36, s. 3; 1984, c. 38, s. 47; 1985, c. 27, s. 38; 1996, c. 2, s. 227; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

8.1. (Repealed).

1995, c. 34, s. 26; 1996, c. 27, s. 43; 2005, c. 6, s. 214.

8.2. (Repealed).

2002, c. 37, s. 93; 2005, c. 6, s. 214.

9. Every municipality may become surety for an institution, a partnership or a 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).

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.

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

1979, c. 36, s. 3; 1984, c. 38, s. 48; 1994, c. 33, s. 22; 1995, c. 34, s. 27; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 198; 2009, c. 26, s. 109.

9.1. (Repealed).

1995, c. 7, s. 8; 2005, c. 6, s. 214.

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

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

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

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

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

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

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

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

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

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

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

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

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

1987, c. 102, s. 40.

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

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. 44; 2002, c. 77, s. 36.

10.6. (Repealed).

1996, c. 27, s. 44; 2002, c. 77, s. 37.

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

1996, c. 27, s. 44; 2000, c. 56, s. 218.

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

1996, c. 27, s. 44.

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

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

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

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

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

1996, c. 77, s. 22; 1998, c. 31, s. 27; 2000, c. 56, s. 126.

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

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

Proceedings referred to in the first paragraph may be instituted in any municipal court having jurisdiction over the territory in which the offence was committed. The costs relating to proceedings brought before a municipal court shall belong to the municipality responsible for the court, except the part of the costs remitted to another prosecuting party by the collector under article 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. 22; 2003, c. 5, s. 26.

11. (Repealed).

1983, c. 57, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

12. (Repealed).

1983, c. 57, s. 1; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

13. (Repealed).

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

14. (Repealed).

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

14.1. Every convention under which a municipality makes a financial commitment for a period exceeding five years must, to be binding on it, be previously approved by the Minister of Municipal Affairs, 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.

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

1984, c. 38, s. 50; 1994, c. 33, s. 23; 1995, c. 34, s. 29; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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

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

 (1) lease the immovables;

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

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

 (4) erect a construction on the immovables.

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

1985, c. 27, s. 40; 1995, c. 34, s. 30; 1996, c. 2, s. 455; 1998, c. 31, s. 28; 2002, c. 37, s. 94.

14.3. A municipality may enter into an agreement with another municipality, a public institution referred to in article 7, 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 also 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. 40; 1992, c. 21, s. 134, s. 375; 1996, c. 2, s. 455; 1996, c. 27, s. 45; 2003, c. 19, s. 133; 2009, c. 26, s. 26.

14.4. A party to an agreement under article 14.3 may delegate any power necessary for carrying out the agreement to another 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. 40; 1996, c. 2, s. 455; 2003, c. 19, s. 133.

14.5. 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 article 14.3. 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 article 938.1 in relation to a contract referred to in the first paragraph.

1985, c. 27, s. 40; 1992, c. 21, s. 135, s. 375; 1994, c. 33, s. 24; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2001, c. 25, s. 40; 2003, c. 19, s. 133; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

14.6. (Replaced).

1985, c. 27, s. 40; 2003, c. 19, s. 133.

14.7. (Replaced).

1985, c. 27, s. 40; 1994, c. 33, s. 25; 1996, c. 2, s. 455; 1996, c. 27, s. 46; 2001, c. 25, s. 41; 2003, c. 19, s. 133.

14.7.1. 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.

Any contract entered into in accordance with an agreement described in the first paragraph is subject to the rules governing the awarding of contracts applicable to a municipality; however, it is only subject to the contract management policy of the party responsible for carrying out the agreement. To be designated responsible for carrying out the agreement, the Union and the Federation must have adopted a contract management policy in accordance with article 938.1.2.

1992, c. 27, s. 32; 1995, c. 34, s. 31; 1996, c. 27, s. 47; 1999, c. 90, s. 6; 2001, c. 25, s. 42; 2011, c. 11, s. 7.

14.7.2. The party responsible for carrying out an agreement entered into under article 14.3 or 14.7.1 may, by agreement, delegate that responsibility to the 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.

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. 26; 1995, c. 34, s. 32; 1996, c. 27, s. 48; 1999, c. 43, s. 13; 2000, c. 8, s. 240; 2003, c. 19, s. 134, s. 250; 2005, c. 28, s. 196; 2005, c. 7, s. 60; 2006, c. 29, s. 52; 2009, c. 26, s. 109.

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

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

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

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

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

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

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

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

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

The order may approve the agreement and fix the date from which it has effect, and may, to provide for the impact of the agreement, create a municipal rule of law or derogate from any provision of an Act for which the Minister of Municipal Affairs, 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. 62; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

14.9. (Repealed).

1987, c. 12, s. 47; 1996, c. 2, s. 455; 2000, c. 10, s. 24; 2005, c. 6, s. 214.

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

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

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

14.11. Every municipality may enter into an agreement under subdivision 3 of Division II.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2) or Division I.1 of Chapter II of the Act respecting the lands in the domain of the State (chapter T-8.1).

1995, c. 20, s. 37; 2003, c. 8, s. 6; 2003, c. 16, s. 50; 2006, c. 3, s. 35; 2010, c. 3, s. 272.

14.12. Every municipality that enters into an agreement pursuant to article 14.11 has the necessary powers to meet the commitments and assume the responsibilities arising from the agreement.

The municipality may, in particular,

 (1) acquire any land in the domain of the State;

 (2) administer, develop, alienate or lease and 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 areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas;

 (5) adopt a by-law for the purpose of exercising a regulatory power under the Act respecting the lands in the domain of the State (chapter T-8.1) or the Sustainable Forest Development Act (chapter A-18.1).

1995, c. 20, s. 37; 1997, c. 93, s. 68; 1999, c. 40, s. 60; 2001, c. 6, s. 136; 2010, c. 3, s. 273.

14.12.1. Every municipality that enters into an agreement under article 14.11 may, to the extent provided for by the 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 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 regional county municipality or a local municipality whose territory is not contained in the territory of a regional county municipality institutes the proceedings, the fine belongs to that 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. 69; 1998, c. 31, s. 29; 2003, c. 8, s. 6; 2003, c. 5, s. 26; 2005, c. 6, s. 199; 2010, c. 3, s. 274.

14.12.2. 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 68 of the Sustainable Forest Development Act (chapter A-18.1) to the extent provided for by the agreement.

1997, c. 93, s. 69; 2001, c. 6, s. 137; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2010, c. 3, s. 275.

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

1995, c. 20, s. 37; 1999, c. 40, s. 60.

14.14. 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 movables 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. 37; 1999, c. 40, s. 60.

14.15. Subject to the agreement referred to in article 14.11, 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 agreement, the price for which the land is alienated by the municipality must correspond to the market value of the land.

1995, c. 20, s. 37; 1999, c. 40, s. 60; 2010, c. 3, s. 276.

14.16. 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 the land areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas 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, in the case of a regional county municipality or a local municipality whose territory is not contained in that of a regional county municipality, by that 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 the land areas in the domain of the State, including the hydraulic, mineral, energy, forest and wildlife resources in those areas, excepting any expenditure on forest management.

1995, c. 20, s. 37; 1998, c. 31, s. 30; 1999, c. 40, s. 60; 2001, c. 6, s. 138; 2003, c. 8, s. 6; 2005, c. 6, s. 200; 2006, c. 3, s. 35; 2010, c. 3, s. 277.

14.16.1. 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;

(5)  (a) 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;

(6)  (a) 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. 38.

14.16.2. Where the by-law provided for in article 14.16.1 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. 38.

14.16.3. Every person who occupies the public domain of the municipality in accordance with an authorization granted under the by-law provided for in article 14.16.1 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. 38.

14.16.4. The amount payable under subparagraph 2 of the first paragraph of article 14.16.1 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. 38.

14.17. (Repealed).

1996, c. 27, s. 50; 2005, c. 6, s. 214.

14.18. Every municipality to which a jurisdiction has been delegated may, if so authorized by the party having delegated its jurisdiction and subject to the conditions determined by that party, subdelegate all or part of the jurisdiction to a legal person established in the public interest, to a body referred to in articles 6.1 to 14.16 or to the Centre de services partagés du Québec.

1998, c. 31, s. 31; 2005, c. 7, s. 61; 2005, c. 6, s. 201.

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

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

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

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

M.C. 1916, a. 8.

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

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

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

M.C. 1916, a. 10; 1979, c. 36, s. 4; 1999, c. 40, s. 60.

19. The Attorney General may:

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

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

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

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

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

M.C. 1916, a. 11.

21. (Repealed).

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

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

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

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

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

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

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

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

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

 (1) (paragraph repealed);

 (2) (paragraph repealed);

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

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

 (5) (paragraph repealed);

 (6) (paragraph repealed);

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

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

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

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

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

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

 (13) (paragraph repealed);

 (14) the word “sitting” used alone means either a regular sitting or a special sitting;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 (28) (paragraph repealed);

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

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

 (31) (paragraph repealed);

 (32) the word “bond” means and includes bonds or other debt securities issued by municipalities, for the purpose of raising money;

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

 (34) (paragraph repealed);

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

 (36) (paragraph repealed);

 (37) the words “standardized assessment” mean the product obtained by multiplying the values entered on the assessment roll of a municipality by the factor established for that roll by the Minister of Municipal Affairs, Regions and Land Occupancy under the Act respecting municipal taxation;

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

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

M.C. 1916, a. 16; 1922 (1st sess.), c. 99, s. 1; 1924, c. 83, s. 1; 1938, c. 103, s. 1; 1942, c. 69, s. 1; 1949, c. 59, s. 58; 1965 (1st sess.), c. 17, s. 2; 1977, c. 53, s. 2; 1979, c. 72, s. 268; 1982, c. 2, s. 4; 1986, c. 95, s. 81; 1987, c. 23, s. 76; 1988, c. 19, s. 244; 1992, c. 61, s. 182; 1996, c. 2, s. 234; 1996, c. 27, s. 52; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 202; 2008, c. 18, s. 30; 2009, c. 26, s. 109; 2009, c. 52, s. 546.

26. (Repealed).

1968, c. 86, s. 2; 1969, c. 82, s. 2; 1988, c. 19, s. 245; 1999, c. 40, s. 60.

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

M.C. 1916, a. 18; 1999, c. 40, s. 60.

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

M.C. 1916, a. 19; 1996, c. 2, s. 235; 1999, c. 40, s. 60.

29. (Repealed).

M.C. 1916, a. 20; 1996, c. 2, s. 456; 2005, c. 6, s. 214.

30. (Repealed).

M.C. 1916, a. 21; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

31. (Repealed).

M.C. 1916, a. 22; 2005, c. 6, s. 214.

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

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

32. (Repealed).

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

33. (Repealed).

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

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

34. (Repealed).

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

35. (Repealed).

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

36. (Repealed).

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

37. (Repealed).

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

38. (Repealed).

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

38.1. (Repealed).

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

39. (Repealed).

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

40. (Repealed).

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

41. (Repealed).

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

42. (Repealed).

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

43. (Repealed).

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

44. (Repealed).

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

45. (Repealed).

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

46. (Repealed).

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

47. (Repealed).

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

48. (Repealed).

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

49. (Repealed).

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

50. (Repealed).

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

51. (Repealed).

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

52. (Repealed).

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

53. (Repealed).

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

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

54. (Repealed).

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

55. (Repealed).

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

56. (Repealed).

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

57. (Replaced).

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

58. (Repealed).

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

59. (Repealed).

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

60. (Repealed).

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

60.1. (Repealed).

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

61. (Repealed).

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

62. (Repealed).

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

63. (Repealed).

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

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

64. (Repealed).

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

65. (Repealed).

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

66. (Repealed).

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

67. (Repealed).

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

68. (Repealed).

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

69. (Repealed).

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

70. (Repealed).

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

71. (Repealed).

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

72. (Repealed).

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

73. (Repealed).

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

74. (Repealed).

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

75. (Repealed).

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

76. (Repealed).

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

77. (Repealed).

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

78. (Repealed).

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

TITLE II 
MUNICIPAL COUNCILS

CHAPTER I 
GENERAL PROVISIONS

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

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

80. (Repealed).

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

81. (Repealed).

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

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

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

Where a committee is appointed by the council of a regional county municipality whose territory includes that of a core city within the meaning of paragraph 9.1 of section 1 of the Act respecting land use planning and development (chapter A-19.1), one of those persons must be a representative of the core city, unless the core city has previously waived that requirement.

M.C. 1916, a. 65; 2002, c. 68, s. 10.

82.1. 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.

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. 135.

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

M.C. 1916, a. 66.

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

M.C. 1916, a. 67.

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

M.C. 1916, a. 68.

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

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

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

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

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

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

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

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

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

M.C. 1916, a. 71.

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

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

M.C. 1916, a. 72; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

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

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

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

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

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

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

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

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

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

94. (Repealed).

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

95. (Repealed).

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

96. (Repealed).

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

97. (Repealed).

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

98. (Repealed).

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

99. (Repealed).

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

100. (Repealed).

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

101. (Repealed).

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

102. (Repealed).

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

103. (Repealed).

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

104. (Repealed).

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

105. (Repealed).

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

106. (Repealed).

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

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

M.C. 1916, a. 78.

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

M.C. 1916, a. 79.

CHAPTER II 
ACTING MAYOR
1996, c. 2, s. 240.

109. (Repealed).

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

110. (Repealed).

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

111. (Repealed).

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

112. (Repealed).

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

113. (Repealed).

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

114. (Repealed).

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

115. (Repealed).

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

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

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

CHAPTER III 
EXECUTIVE COMMITTEE AND REGIONAL COUNTY MUNICIPALITY DELEGATES
1996, c. 2, s. 241.

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

117. (Repealed).

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

118. (Repealed).

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

119. (Repealed).

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

120. (Repealed).

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

121. (Repealed).

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

122. (Repealed).

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

SECTION II 
EXECUTIVE COMMITTEE OF THE REGIONAL COUNTY MUNICIPALITY
1996, c. 2, s. 242.

123. The council of the regional county municipality may, by by-law, constitute an executive committee composed of the warden, the deputy warden and the number of other council members specified in the by-law.

Subject to the third paragraph, the council shall, by resolution, appoint the members of the executive committee in accordance with the number indicated in the by-law.

In the case of a regional county municipality whose territory includes that of a core city within the meaning of paragraph 9.1 of section 1 of the Act respecting land use planning and development (chapter A-19.1), one of the members of the committee must be a representative of the core city, unless the core city has previously waived that requirement.

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

1975, c. 82, s. 8; 1996, c. 2, s. 243; 2002, c. 68, s. 11.

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

However, the council cannot delegate to the executive committee the appointment and fixing of the salary of an employee assigned to a post the holder of which is not an employee within the meaning of the Labour Code (chapter C-27), nor the awarding of a contract the amount of which exceeds $25,000.

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

1975, c. 82, s. 8; 1979, c. 36, s. 7; 1996, c. 2, s. 244; 1997, c. 93, s. 70; 2006, c. 60, s. 33.

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

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

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

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

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

1975, c. 82, s. 8; 1996, c. 2, s. 245; 1999, c. 40, s. 60.

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

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

SECTION III 
REGIONAL COUNTY MUNICIPALITY DELEGATES
1996, c. 2, s. 247.

127.1. For the purposes of this section and Section IV, a local municipality whose territory is not included in that of a regional county municipality is considered to be a regional county municipality.

2002, c. 37, s. 95.

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

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

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

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

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

In the case of a regional county municipality whose territory includes that of a core city within the meaning of paragraph 9.1 of section 1 of the Act respecting land use planning and development (chapter A-19.1), and whose warden is not the mayor of the core city, one of the other two delegates must be a representative of the core city, unless the core city has previously waived that requirement.

M.C. 1916, a. 95; 1975, c. 82, s. 9; 1982, c. 63, s. 12; 1996, c. 2, s. 249; 2002, c. 68, s. 12.

130. Whenever any one of the delegates dies, or is unable to attend to his duties during two consecutive months, or refuses to discharge such duties during a like period, the council appoints another delegate in his stead, at the first sitting held after such death or the expiry of two months.

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

M.C. 1916, a. 96; 1999, c. 40, s. 60.

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

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

1930, c. 103, s. 4.

SECTION IV 
BOARD OF DELEGATES

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

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

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

M.C. 1916, a. 98.

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

M.C. 1916, a. 99.

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

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

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

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

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

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

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

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

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

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

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

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

M.C. 1916, a. 103.

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

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

M.C. 1916, a. 104.

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

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

M.C. 1916, a. 105; 1928, c. 94, s. 4; 1929, c. 88, s. 4; 1949, c. 59, s. 60; 1952-53, c. 29, s. 17; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 254; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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

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

M.C. 1916, a. 106.

TITLE III 
RULES GOVERNING BOTH MAYORS AND WARDENS

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

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

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

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

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

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

M.C. 1916, a. 107; 1917-18, c. 20, s. 19; 1996, c. 2, s. 255; 1996, c. 77, s. 23; 1998, c. 31, s. 32; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 33; 2009, c. 26, s. 109.

TITLE IV 
SITTINGS OF COUNCILS

143. (Repealed).

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

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

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

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

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

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

145.1. The secretary-treasurer shall give public notice of any change in the location of sittings.

2008, c. 18, s. 34.

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

1979, c. 36, s. 8.

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

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

148. The council of a regional county municipality shall hold regular sittings at least once every two months, including one on the fourth Wednesday in November. The council of a local municipality 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 that specified in the schedule.

M.C. 1916, a. 112; 1934, c. 81, s. 1; 1977, c. 53, s. 13; 1980, c. 16, s. 42; 1982, c. 2, s. 8; 1982, c. 63, s. 14; 1984, c. 38, s. 51; 1996, c. 2, s. 258; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 35.

148.0.1. The secretary-treasurer shall give public notice of the schedule.

The secretary-treasurer shall also give notice of any regular sitting to be held on a day or at a time other than those specified in the schedule.

2008, c. 18, s. 35.

148.0.2. At the November sitting, the council of the regional county municipality must, among other things, adopt the budget of the municipality for the next fiscal year.

The Minister of Municipal Affairs, Regions and Land Occupancy may, on the Minister's initiative, allow the councils of the regional county municipalities or a category of them to adopt the budget after the regular sitting in November, at a sitting to be held not later than the date set by the Minister.

On sufficient proof that the council of the regional county municipality is unable to adopt the budget at the regular sitting in November or within the time determined by the Minister under the second paragraph, the Minister may grant any additional time the Minister determines for that purpose.

2008, c. 18, s. 35; 2009, c. 26, s. 109.

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

1998, c. 31, s. 33.

149. The sittings are public, and the proceedings must be audible and intelligible.

M.C. 1916, a. 113; 2008, c. 18, s. 36.

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

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

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

151. (Repealed).

M.C. 1916, a. 114; 2008, c. 18, s. 37.

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

M.C. 1916, a. 115.

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

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

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

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

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

M.C. 1916, a. 117; 2008, c. 18, s. 40.

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

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

M.C. 1916, a. 118.

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

That notice shall be served by the person who gives the notice, an officer or employee of the municipality, a peace officer, a bailiff or an employee of a public or private mail delivery or courier enterprise.

M.C. 1916, a. 119; 1945, c. 70, s. 2; 1975, c. 83, s. 84; 1979, c. 36, s. 9; 1996, c. 2, s. 259; 2002, c. 37, s. 96; 2012, c. 30, s. 3.

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

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

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

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

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

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

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

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

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

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

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

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

M.C. 1916, a. 123; 1938, c. 103, s. 3; 1968, c. 86, s. 4; 1993, c. 65, s. 96; 2001, c. 25, s. 43.

162. (Repealed).

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

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

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

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

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

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

164.1. To the extent that all the members of the council of the regional county municipality give their consent, any of the following may participate, deliberate and vote at a sitting of the council by telephone or another means of communication that enables all persons participating or present at the sitting to hear one another:

 (1) any member of the council of Municipalité régionale de comté de Caniapiscau, Municipalité régionale de comté de Minganie or Municipalité régionale de comté du Golfe-du-Saint-Laurent; and

 (2) any representative of Municipalité de Rapides-des-Joachims, Paroisse de Notre-Dame-des-Sept-Douleurs or Paroisse de Saint-Antoine-de-L'Isle-aux-Grues who sits on the council of the regional county municipality.

The members of the council may avail themselves of that right only if the secretary-treasurer of the municipality and the person presiding at the sitting are present at the place where the council is sitting.

The minutes of the sitting shall indicate the name of every member of the council who participated by telephone or other means of communication, and be ratified by the council at the next regular sitting.

The members of the council who avail themselves of the right provided for in this article are deemed to be present at the sitting.

1999, c. 59, s. 10; 2008, c. 18, s. 43; 2011, c. 33, s. 12.

TITLE V 
OFFICERS OF MUNICIPALITIES
1996, c. 2, s. 455.

CHAPTER I 
GENERAL PROVISIONS

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

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

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

165.1. The council may, on the conditions it determines, delegate to any officer or employee of the municipality who is not an employee within the meaning of the Labour Code (chapter C-27) the power to hire officers and employees who are such employees 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 article 960.1, 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. 54; 1997, c. 93, s. 73; 2006, c. 31, s. 30.

165.2. 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. 157.

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

M.C. 1916, a. 134.

167. (Repealed).

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

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

M.C. 1916, a. 136.

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

M.C. 1916, a. 137; 1977, c. 53, s. 14; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

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

M.C. 1916, a. 138.

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

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

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

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

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

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

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

Every person who hinders or prevents or attempts to hinder or prevent such officer in the execution of his duties, incurs for each offence a fine of not less than $2 nor more than $10, and is liable in damages towards those who have suffered damage.

M.C. 1916, a. 141; 1999, c. 40, s. 60.

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

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

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

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

M.C. 1916, a. 143; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

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

The financial report shall be drawn up on the forms furnished by the Minister of Municipal Affairs, 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.

M.C. 1916, a. 144; 1979, c. 67, s. 38; 1983, c. 57, s. 4; 1984, c. 38, s. 52; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 31; 2009, c. 26, s. 109.

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

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

1984, c. 38, s. 52; 2001, c. 25, s. 44.

176.2. After the filing contemplated in article 176.1 and not later than 30 April, the secretary-treasurer shall transmit the financial report and the external auditor's report to the Minister of Municipal Affairs, Regions and Land Occupancy.

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. 52; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2001, c. 25, s. 45; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2008, c. 18, s. 44; 2009, c. 26, s. 109.

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

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

176.4. During each six-month-period, the secretary-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 secretary-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. 52; 1996, c. 2, s. 455; 2006, c. 31, s. 32.

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

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

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

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

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

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

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

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

not in force
178.1. Every local municipality must contribute to the financing of at least one of the services established by the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM), or by any body constituted for that purpose and of which the Union or the Fédération is a founder, with a view to affording municipalities access to information and advice as regards labour relations and human resources management.

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

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

2000, c. 54, s. 6.


CHAPTER II 
SECRETARY-TREASURERS AND DIRECTORS GENERAL
2004, c. 20, s. 103.

SECTION I 
GENERAL PROVISIONS

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

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

180. (Repealed).

M.C. 1916, a. 148; 1930, c. 103, s. 5; 1933, c. 118, s. 1; 1980, c. 16, s. 44; 1983, c. 57, s. 5; 1998, c. 31, s. 35; 2000, c. 54, s. 7.

181. (Repealed).

1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6; 1985, c. 27, s. 44; 1986, c. 32, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 455; 2000, c. 54, s. 7.

182. (Repealed).

1983, c. 57, s. 7; 2000, c. 54, s. 7.

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

M.C. 1916, a. 149.

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

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

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

M.C. 1916, a. 150; 1977, c. 53, s. 15; 2000, c. 54, s. 8.

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

185. (Repealed).

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

186. (Repealed).

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

187. (Repealed).

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

188. (Repealed).

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

189. (Repealed).

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

190. (Repealed).

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

191. (Repealed).

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

192. (Repealed).

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

193. (Repealed).

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

194. (Repealed).

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

195. (Repealed).

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

196. (Repealed).

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

197. (Repealed).

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

198. (Repealed).

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

SECTION III 
DUTIES COMMON TO ALL SECRETARY-TREASURERS

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

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

200. (Repealed).

M.C. 1916, a. 162; 1996, c. 2, s. 261; 1999, c. 40, s. 60; 2000, c. 42, s. 135.

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

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

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

M.C. 1916, a. 163.

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

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

202.1. The secretary-treasurer is authorized to amend the minutes or a by-law, resolution, order or other act of the 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 secretary-treasurer shall 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 sitting of the council.

2005, c. 28, s. 57.

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

The council may invest the moneys mentioned in the first paragraph in the purchase of 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 such entities. The investments made by such a fund must be limited to those set out in the first paragraph.

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

He also collects the school taxes under article 986.

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

M.C. 1916, a. 165; 1939, c. 98, s. 1; 1968, c. 86, s. 5; 1979, c. 36, s. 10; 1992, c. 27, s. 33; 1994, c. 33, s. 28; 1996, c. 2, s. 455; 1996, c. 77, s. 24; 1997, c. 41, s. 66; 1997, c. 93, s. 74; 2000, c. 29, s. 627; 2006, c. 50, s. 123; 2009, c. 26, s. 27.

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

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

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

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

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

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

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

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

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

 (a) agree with the nature of its operations;

 (b) ensure their accuracy;

 (c) facilitate their audit; and

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

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

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

M.C. 1916, a. 168; 1917-18, c. 60, s. 17; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

207. The secretary-treasurer is bound to keep a repertory in which he mentions, in a summary manner and in the order of their dates, all reports, procès-verbaux, deeds of agreement, acts of apportionment, valuation rolls, collection rolls, judgments, orders of a person designated under section 35 of the Municipal Powers Act (chapter C-47.1), maps, plans, statements, notices, letters, papers and documents whatsoever, which are in his possession during his tenure of the office.

M.C. 1916, a. 169; 2005, c. 6, s. 203.

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

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

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

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

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

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

M.C. 1916, a. 171; 1929, c. 88, s. 8; 1968, c. 86, s. 6; 1975, c. 82, s. 11; 1987, c. 68, s. 41; 1995, c. 34, s. 34; 1996, c. 2, s. 263; 1999, c. 40, s. 60; 2009, c. 52, s. 547.

SECTION III.1 
DIRECTORS GENERAL
2004, c. 20, s. 104.

210. Every municipality must have a director general, who is the chief officer of the municipality.

Subject to article 212.2, the secretary-treasurer is the director general by virtue of office.

1983, c. 57, s. 8; 1996, c. 2, s. 455; 2004, c. 20, s. 104.

211. Under the authority of the council or of 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.

1983, c. 57, s. 8; 1996, c. 2, s. 455; 2004, c. 20, s. 105.

212. In application of articles 210 and 211, 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 secretary-treasurer shall have access to all the documents of the municipality and may require any document or information from any officer or employee except where, in the opinion of the head of the police department, it would disclose the content of a record concerning a police investigation;

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

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

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

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

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

1983, c. 57, s. 8; 1996, c. 2, s. 455; 2004, c. 20, s. 106.

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

The by-law may provide that, if the council adds those powers and obligations, it must appoint a person other than the director general to the office of secretary-treasurer.

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

1996, c. 77, s. 25; 1998, c. 31, s. 36; 2004, c. 20, s. 107.

212.2. If the by-law in force so provides, the council shall appoint a person other than the director general to the office of secretary-treasurer.

2004, c. 20, s. 108.

212.3. The deputy secretary-treasurer, where applicable, is the deputy director general by virtue of office, except if article 212.2 applies.

If that article applies, the council may appoint a deputy director general.

Article 184 applies, with the necessary modifications, to the deputy director general.

2004, c. 20, s. 108.

SECTION IV 
DUTIES SPECIALLY INCUMBENT UPON LOCAL SECRETARY-TREASURERS

213. (Repealed).

M.C. 1916, a. 172; 1996, c. 2, s. 264; 2005, c. 6, s. 214.

214. (Repealed).

M.C. 1916, a. 173; 2005, c. 6, s. 214.

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

M.C. 1916, a. 174.

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

216. (Repealed).

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

217. (Repealed).

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

218. (Repealed).

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

CHAPTER III 
OFFICERS OF LOCAL MUNICIPALITIES
1996, c. 2, s. 455.

SECTION I 
GENERAL PROVISIONS

219. (Repealed).

M.C. 1916, a. 178; 1979, c. 72, s. 270; 1996, c. 2, s. 265; 2002, c. 77, s. 39; 2005, c. 6, s. 214.

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

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

221. (Repealed).

M.C. 1916, a. 179; 1996, c. 2, s. 266; 2000, c. 54, s. 9; 2005, c. 6, s. 214.

222. (Repealed).

M.C. 1916, a. 180; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

223. (Repealed).

M.C. 1916, a. 181; 1996, c. 2, s. 455; 2002, c. 77, s. 40; 2005, c. 6, s. 214.

SECTION II  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

§ 1. —   Repealed, 2005, c, 6, s. 214.
2005, c. 6, s. 214.

224. (Repealed).

M.C. 1916, a. 182; 1996, c. 2, s. 267; 2005, c. 6, s. 214.

225. (Repealed).

M.C. 1916, a. 183; 2005, c. 6, s. 214.

226. (Repealed).

M.C. 1916, a. 184; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

227. (Repealed).

M.C. 1916, a. 185; 1996, c. 2, s. 268; 2005, c. 6, s. 214.

228. (Repealed).

M.C. 1916, a. 186; 2005, c. 6, s. 214.

229. (Repealed).

M.C. 1916, a. 187; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

230. (Repealed).

M.C. 1916, a. 188; 2005, c. 6, s. 214.

231. (Repealed).

M.C. 1916, a. 189; 1948, c. 49, s. 1; 2005, c. 6, s. 214.

232. (Repealed).

M.C. 1916, a. 190; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

233. (Repealed).

M.C. 1916, a. 191; 2005, c. 6, s. 214.

234. (Repealed).

M.C. 1916, a. 192; 2005, c. 6, s. 214.

§ 2. —   Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

235. (Repealed).

M.C. 1916, a. 193; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

236. (Repealed).

M.C. 1916, a. 194; 2005, c. 6, s. 214.

§ 3. —   Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

237. (Repealed).

M.C. 1916, a. 195; 1984, c. 47, s. 213; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

238. (Repealed).

M.C. 1916, a. 196; 1984, c. 47, s. 213; 2005, c. 6, s. 214.

239. (Repealed).

M.C. 1916, a. 197; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

§ 4. —   Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

240. (Repealed).

M.C. 1916, a. 198; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

241. (Repealed).

M.C. 1916, a. 199; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

242. (Repealed).

M.C. 1916, a. 200; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

243. (Repealed).

M.C. 1916, a. 201; 2005, c. 6, s. 214.

§ 5. —   Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

244. (Repealed).

M.C. 1916, a. 202; 1927, c. 75, s. 1; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

245. (Repealed).

M.C. 1916, a. 203; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

246. (Repealed).

M.C. 1916, a. 204; 1996, c. 2, s. 269; 2005, c. 6, s. 214.

247. (Repealed).

M.C. 1916, a. 205; 1979, c. 36, s. 12; 1996, c. 2, s. 270; 2005, c. 6, s. 214.

§ 6. —   Repealed, 2005, c.6, s. 214.
2005, c. 6, s. 214.

248. (Repealed).

M.C. 1916, a. 206; 1984, c. 47, s. 213; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

SECTION III  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

249. (Repealed).

M.C. 1916, a. 207; 2005, c. 6, s. 214.

250. (Repealed).

M.C. 1916, a. 208; 1990, c. 4, s. 243; 2005, c. 6, s. 214.

251. (Repealed).

M.C. 1916, a. 209; 1996, c. 2, s. 456; 2005, c. 6, s. 214.

252. (Repealed).

M.C. 1916, a. 210; 1996, c. 2, s. 456; 2005, c. 6, s. 214.

253. (Repealed).

M.C. 1916, a. 211; 2005, c. 6, s. 214.

254. (Repealed).

M.C. 1916, a. 212; 2005, c. 6, s. 214.

255. (Repealed).

M.C. 1916, a. 213; 2005, c. 6, s. 214.

256. (Repealed).

M.C. 1916, a. 214; 2005, c. 6, s. 214.

257. (Repealed).

M.C. 1916, a. 215; 1996, c. 2, s. 271; 2005, c. 6, s. 214.

258. (Repealed).

M.C. 1916, a. 216; 2005, c. 6, s. 214.

259. (Repealed).

M.C. 1916, a. 217; 1996, c. 2, s. 456; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

260. (Repealed).

M.C. 1916, a. 218; 1990, c. 4, s. 244; 2005, c. 6, s. 214.

261. (Repealed).

M.C. 1916, a. 219; 2005, c. 6, s. 214.

262. (Repealed).

M.C. 1916, a. 220; 2005, c. 6, s. 214.

263. (Repealed).

M.C. 1916, a. 221; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

264. (Repealed).

M.C. 1916, a. 222; 1992, c. 61, s. 185; 2005, c. 6, s. 214.

265. (Repealed).

M.C. 1916, a. 223; 2005, c. 6, s. 214.

266. (Repealed).

M.C. 1916, a. 224; 1992, c. 61, s. 186; 2005, c. 6, s. 214.

267. (Repealed).

M.C. 1916, a. 225; 1992, c. 61, s. 187; 1996, c. 2, s. 456; 2005, c. 6, s. 214.

CHAPTER IV 
CERTAIN MEASURES RESPECTING CERTAIN OFFICERS OR EMPLOYEES

267.0.1. An absolute majority of the votes of the members of the council of the local municipality 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.

In the case of a regional county municipality, the decision of the council regarding the dismissal, suspension without pay or reduction of salary of an officer or employee referred to in the first paragraph must be made in accordance with the rules provided for in section 201 of the Act respecting land use planning and development (chapter A-19.1).

The first and second paragraphs also apply 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, or under section 35 of the Municipal Powers Act (chapter C-47.1), or responsible for the issuance of the authorization required under section 3 of the Groundwater Catchment Regulation (chapter Q-2, r. 6), or responsible for the issuance of a permit required under section 4 of the Regulation respecting waste water disposal systems for isolated dwellings (chapter Q-2, r. 22), and who, for at least six months, has held that position or a position, within the municipality, referred to in the first paragraph.

1995, c. 34, s. 35; 2000, c. 54, s. 10; 2004, c. 20, s. 109; 2005, c. 6, s. 204.

267.0.2. A resolution dismissing, suspending without pay or reducing the salary of an officer or employee referred to in section 267.0.1, 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 to make an inquiry and dispose of the complaint.

2000, c. 54, s. 10; 2001, c. 26, s. 94.

267.0.3. 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.

2000, c. 54, s. 10; 2001, c. 26, s. 95.

267.0.4. 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. 10; 2001, c. 26, s. 96.

267.0.5. (Repealed).

2000, c. 54, s. 10; 2001, c. 26, s. 97.

267.0.6. Articles 267.0.1 to 267.0.4 do not apply to a suspension without pay unless the suspension is for more than 20 working days, or the suspension, whatever its duration, occurs within 12 months following the expiry of a suspension without pay for more than 20 working days.

2000, c. 54, s. 10; 2001, c. 26, s. 98.

TITLE V.1 
PERSON IN CHARGE OF ACCESS TO DOCUMENTS OF THE MUNICIPALITY
1987, c. 68, s. 42; 1996, c. 2, s. 455.

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

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

TITLE VI 
PERSONS DISQUALIFIED FROM MUNICIPAL OFFICE
1987, c. 57, s. 745.

268. (Repealed).

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

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

 (1) members of the Privy Council;

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

 (3) the Minister of Municipal Affairs, Regions and Land Occupancy and the members of the Commission municipale du Québec and the Société d'habitation du Québec;

 (4) any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;

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

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

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

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

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

M.C. 1916, a. 227; 1919, c. 83, s. 1; 1919-20, c. 82, s. 1; 1921, c. 105, s. 1; 1925, c. 84, s. 2; 1928, c. 94, s. 12; 1933, c. 119, s. 1; 1934, c. 82, s. 1; 1934, c. 83, s. 1; 1938, c. 103, s. 4; 1941, c. 69, s. 6; 1949, c. 71, s. 2; 1952-53, c. 23, s. 1; 1952-53, c. 29, s. 20; 1963 (1st sess.), c. 65, s. 2; 1968, c. 86, s. 8; 1977, c. 5, s. 14; 1979, c. 36, s. 13; 1986, c. 95, s. 83; 1987, c. 57, s. 747; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2000, c. 19, s. 6; 2002, c. 37, s. 97; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 33; 2009, c. 26, s. 109.

270. (Repealed).

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

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

271. (Repealed).

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

272. (Repealed).

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

273. (Repealed).

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

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

274. (Repealed).

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

275. (Repealed).

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

276. (Repealed).

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

277. (Repealed).

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

278. (Repealed).

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

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

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

279. (Repealed).

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

280. (Repealed).

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

281. (Repealed).

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

282. (Repealed).

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

283. (Repealed).

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

284. (Repealed).

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

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

285. (Repealed).

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

286. (Repealed).

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

287. (Repealed).

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

288. (Repealed).

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

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

289. (Repealed).

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

290. (Repealed).

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

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

291. (Repealed).

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

292. (Repealed).

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

293. (Repealed).

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

294. (Repealed).

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

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

295. (Repealed).

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

296. (Repealed).

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

297. (Repealed).

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

298. (Repealed).

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

299. (Repealed).

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

300. (Repealed).

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

301. (Repealed).

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

302. (Repealed).

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

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

303. (Repealed).

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

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

304. (Repealed).

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

305. (Repealed).

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

306. (Repealed).

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

307. (Repealed).

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

308. (Repealed).

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

309. (Repealed).

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

310. (Repealed).

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

311. (Repealed).

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

312. (Repealed).

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

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

313. (Repealed).

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

314. (Repealed).

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

315. (Repealed).

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

316. (Repealed).

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

317. (Repealed).

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

318. (Repealed).

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

319. (Repealed).

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

320. (Repealed).

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

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

321. (Repealed).

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

322. (Repealed).

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

323. (Repealed).

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

324. (Repealed).

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

325. (Repealed).

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

326. (Repealed).

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

327. (Repealed).

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

328. (Repealed).

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

329. (Repealed).

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

330. (Repealed).

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

331. (Repealed).

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

332. (Repealed).

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

333. (Repealed).

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

334. (Repealed).

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

335. (Repealed).

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

336. (Repealed).

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

337. (Repealed).

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

338. (Repealed).

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

339. (Repealed).

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

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

340. (Repealed).

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

341. (Repealed).

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

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

342. (Repealed).

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

343. (Repealed).

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

344. (Repealed).

M.C. 1916, a. 289; 1987, c. 57, s. 749.

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

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

345. (Repealed).

M.C. 1916, a. 291; 1968, c. 86, s. 27; 1987, c. 57, s. 749.

346. (Repealed).

M.C. 1916, a. 292; 1979, c. 56, s. 256; 1984, c. 51, s. 529; 1987, c. 57, s. 749.

347. (Repealed).

M.C. 1916, a. 293; 1930-31, c. 114, s. 2; 1982, c. 31, s. 122; 1987, c. 57, s. 749.

348. (Repealed).

M.C. 1916, a. 294; 1987, c. 57, s. 749.

349. (Repealed).

M.C. 1916, a. 295; 1930, c. 103, s. 8; 1953-54, c. 31, s. 1; 1987, c. 57, s. 749.

350. (Repealed).

M.C. 1916, a. 296; 1982, c. 31, s. 123; 1987, c. 57, s. 749.

351. (Repealed).

M.C. 1916, a. 297; 1987, c. 57, s. 749.

352. (Repealed).

M.C. 1916, a. 298; 1987, c. 57, s. 749.

353. (Repealed).

M.C. 1916, a. 299; 1987, c. 57, s. 749.

354. (Repealed).

M.C. 1916, a. 300; 1987, c. 57, s. 749.

355. (Repealed).

M.C. 1916, a. 301; 1987, c. 57, s. 749.

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

356. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

357. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

358. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

359. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

360. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

361. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

362. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

363. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

364. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

365. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

366. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

367. (Repealed).

1982, c. 31, s. 124; 1987, c. 57, s. 749.

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

368. (Repealed).

M.C. 1916, a. 302; 1982, c. 31, s. 125; 1987, c. 57, s. 749.

369. (Repealed).

M.C. 1916, a. 303; 1987, c. 57, s. 749.

370. (Repealed).

M.C. 1916, a. 304; 1982, c. 31, s. 126; 1987, c. 57, s. 749.

371. (Repealed).

M.C. 1916, a. 305; 1987, c. 57, s. 749.

372. (Repealed).

M.C. 1916, a. 306; 1982, c. 31, s. 127; 1987, c. 57, s. 749.

373. (Repealed).

1982, c. 31, s. 127; 1987, c. 57, s. 749.

374. (Repealed).

M.C. 1916, a. 307; 1987, c. 57, s. 749.

375. (Repealed).

M.C. 1916, a. 308; 1982, c. 31, s. 128; 1987, c. 57, s. 749.

376. (Repealed).

1982, c. 31, s. 129; 1987, c. 57, s. 749.

377. (Repealed).

1982, c. 31, s. 129; 1987, c. 57, s. 749.

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

378. (Repealed).

M.C. 1916, a. 309; 1987, c. 57, s. 749.

379. (Repealed).

1979, c. 36, s. 15; 1987, c. 57, s. 749.

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

380. (Repealed).

M.C. 1916, a. 310; 1927, c. 74, s. 6; 1954-55, c. 50, s. 7; 1982, c. 31, s. 131; 1987, c. 57, s. 749.

381. (Repealed).

M.C. 1916, a. 311; 1987, c. 57, s. 749.

382. (Repealed).

M.C. 1916, a. 312; 1954-55, c. 50, s. 8; 1987, c. 57, s. 749.

383. (Repealed).

1954-55, c. 50, s. 9; 1980, c. 16, s. 60; 1987, c. 57, s. 749.

384. (Repealed).

1954-55, c. 50, s. 9; 1987, c. 57, s. 749.

385. (Repealed).

M.C. 1916, a. 313; 1987, c. 57, s. 749.

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

386. (Repealed).

1927, c. 74, s. 7; 1975, c. 82, s. 17; 1980, c. 16, s. 61; 1987, c. 57, s. 749.

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

387. (Repealed).

1954-55, c. 50, s. 10; 1983, c. 57, s. 11; 1987, c. 57, s. 749.

388. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

389. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

390. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

391. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

392. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

393. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

394. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

395. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

396. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

397. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

398. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

399. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

400. (Repealed).

1954-55, c. 50, s. 10; 1983, c. 57, s. 12; 1987, c. 57, s. 749.

401. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

402. (Repealed).

1954-55, c. 50, s. 10; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

403. (Repealed).

1954-55, c. 50, s. 10; 1987, c. 57, s. 749.

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

404. (Repealed).

M.C. 1916, a. 314; 1987, c. 57, s. 749.

405. (Repealed).

M.C. 1916, a. 315; 1924, c. 83, s. 2; 1949, c. 59, s. 61; 1965 (1st sess.), c. 17, s. 2; 1987, c. 57, s. 749.

406. (Repealed).

M.C. 1916, a. 316; 1987, c. 57, s. 749.

407. (Repealed).

M.C. 1916, a. 317; 1965 (1st sess.), c. 80, a. 1; 1987, c. 57, s. 749.

408. (Repealed).

M.C. 1916, a. 318; 1925, c. 84, s. 3; 1933, c. 118, s. 2; 1982, c. 63, s. 19; 1987, c. 57, s. 749.

409. (Repealed).

M.C. 1916, a. 319; 1941, c. 69, s. 11; 1982, c. 63, s. 20; 1987, c. 57, s. 749.

TITLE XI 
APPOINTMENTS BY THE MINISTER OF MUNICIPAL AFFAIRS, REGIONS AND LAND OCCUPANCY
1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

410. Where an appointment under this Code has not been made within the prescribed time or within a time that 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.

M.C. 1916, a. 320; 1919-20, c. 67, s. 5; 1921, c. 48, s. 23; 1922 (2nd sess.), c. 85, s. 1; 1934, c. 83, s. 7; 1947, c. 77, s. 2; 1968, c. 86, s. 28; 1977, c. 53, s. 24; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 2002, c. 37, s. 98.

411. (Replaced).

M.C. 1916, a. 321; 1930, c. 103, s. 9; 1952-53, c. 23, s. 3; 1953-54, c. 31, s. 2; 1968, c. 86, s. 29; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2002, c. 37, s. 98.

412. (Replaced).

M.C. 1916, a. 326; 1917-18, c. 20, s. 32; 1947, c. 77, s. 6; 1999, c. 43, s. 13; 2002, c. 37, s. 98.

413. (Replaced).

M.C. 1916, a. 328; 1917-18, c. 20, s. 33; 1947, c. 77, s. 8; 1977, c. 53, s. 26; 1999, c. 43, s. 13; 2002, c. 37, s. 98.

414. (Repealed).

M.C. 1916, a. 329; 1977, c. 53, s. 27; 1987, c. 57, s. 750.

TITLE XII 
MUNICIPAL NOTICES

CHAPTER I 
GENERAL PROVISIONS

415. Every notice under this Code, or under any order of a council, or for any municipal purpose, must be given, published and served in accordance with the formalities prescribed in this Title.

M.C. 1916, a. 330.

416. Every notice so given is either special or public.

M.C. 1916, a. 331.

417. Every notice in writing must contain:

 (1) the name of the municipality, when such notice is given by an officer or by the head of such municipality;

 (2) the name, official capacity and signature of the person who gives it;

 (3) a sufficient description of those to whom it is addressed;

 (4) the place where and the time when it is made;

 (5) the object for which it is given;

 (6) the place, day and hour at which those summoned to answer such notice must do so.

M.C. 1916, a. 332; 1996, c. 2, s. 455.

418. Every copy of a notice in writing which must be served, published, posted up or read is attested either by the person who gives such notice, or by the secretary-treasurer of the municipality under whose control such person acts.

The copy may also be attested by the person in charge of access to documents of the municipality.

M.C. 1916, a. 333; 1987, c. 68, s. 43; 1996, c. 2, s. 455.

419. The original of every notice in writing must be accompanied by a certificate of publication or of service.

The original of such notice and the certificate which accompanies it must be filed by the person who has given it, in the office of the municipality, to form part of the archives thereof.

M.C. 1916, a. 334; 1996, c. 2, s. 455.

420. The certificate must set forth:

 (1) the name, residence, official capacity and signature of the person who has given it;

 (2) a summary statement of the manner in which the notice was published or served;

 (3) the place, day and hour of publication or of service.

The truth of the facts set forth in such certificate must be attested under the oath of office of the person giving it, if such person has taken an oath of office, and, if not, by his special oath.

Such certificate is written either on the original notice or on a paper annexed thereto.

M.C. 1916, a. 335.

421. In the case of a special notice given verbally, the affirmation under oath of the person who served such notice takes the place of the certificate of service; such affirmation is only required in case of contestation, and must contain the object of the notice.

M.C. 1916, a. 336.

422. Any owner of land or any ratepayer, domiciled outside the territory of a municipality, may, by a special notice, filed in the office of the municipality, appoint an agent to represent him for all municipal purposes.

M.C. 1916, a. 337; 1996, c. 2, s. 272.

423. No person who has acquiesced in that which is required by a notice, or who has in any manner whatsoever become sufficiently acquainted with its tenor or object, can thereafter avail himself of the insufficiency or informality of such notice, or of the omission of its publication or service.

M.C. 1916, a. 338.

CHAPTER II 
SPECIAL NOTICES

424. Every special notice must be given verbally or in writing, except in particular cases in which the law prescribes that the special notice must be given in writing, and it must be given or drawn up in the language of the person to whom it is addressed, unless such person speaks a language other than French or English.

A special notice given or addressed to any person who speaks neither the French nor the English language, or who speaks both of these languages, may be given in either language.

M.C. 1916, a. 339.

425. The service of a special written notice is made by leaving a copy of the notice with the person to whom it is addressed, in person, or at his domicile or business establishment; if the service is made at his domicile, the copy may be left with a reasonable member of his family; if at his business establishment, the copy may be left with any person employed there.

M.C. 1916, a. 340; 1999, c. 40, s. 60.

426. Every special notice in writing addressed to an absent proprietor or ratepayer, who has appointed an agent residing in the territory of the municipality, must be served on such agent, in the same manner as on a resident proprietor.

If an agent resident in the territory of the municipality has not been appointed, every such notice is served by lodging in the post-office of the locality a copy thereof, in a sealed and registered or certified envelope, addressed to the absent proprietor or ratepayer, or to any other agent if he has appointed one.

M.C. 1916, a. 341; 1975, c. 83, s. 84; 1996, c. 2, s. 456.

427. A special verbal notice is given by the person who should give it, or on his behalf, to the person to whom it is addressed, in person, or at his domicile to a reasonable member of his family, or at his business establishment to a person employed there.

M.C. 1916, a. 342; 1999, c. 40, s. 60.

428. Special notices may be served between the hours of 7 o'clock in the morning and 7 o'clock in the evening, and even upon holidays.

Special notices, however, cannot be served at business establishments except upon juridical days.

M.C. 1916, a. 343; 1999, c. 40, s. 60.

429. If the doors of the domicile or business establishment, where service of a special notice in writing is to be made, are closed, or if there is not a reasonable member of the family at the domicile, or a person employed at the business establishment, service is effected by affixing a copy of the notice to one of the doors of the domicile or of the business establishment.

M.C. 1916, a. 344; 1999, c. 40, s. 60.

430. The intermediate time after a special notice begins to run from the day on which such notice was served, such day not being included.

M.C. 1916, a. 345; 1999, c. 40, s. 60.

CHAPTER III 
PUBLIC NOTICES

431. Public notices must be in writing.

The publication of a public notice for local municipal purposes is made by posting a copy of such notice at two different places in the territory of the municipality, fixed from time to time by resolution.

If the council does not fix specific places, the public notice must be posted in the office of the municipality and in another public place in the territory of the municipality.

M.C. 1916, a. 346; 1996, c. 2, s. 456; 2006, c. 31, s. 34.

432. The council may fix as one of the localities for the posting of public notices, a locality situated in a local municipal territory contiguous to the territory of the municipality.

M.C. 1916, a. 347; 1930, c. 103, s. 10; 1982, c. 63, s. 21; 1996, c. 2, s. 273.

433. Every public notice of a regional county municipality that is intended for the inhabitants of the territory of a local municipality is posted in the same localities and in the same manner as a public notice of such local municipality.

The officers of the regional county municipality giving such notice may, by letter, order the secretary-treasurer of each such local municipality, after having transmitted to him as many copies of such notice as are requisite, to provide that the same be posted as required, and that a certificate of the publication thereof be transmitted to them without delay, under penalty of a fine of not less than $10 nor more than $40.

M.C. 1916, a. 349; 1996, c. 2, s. 274.

434. Every public notice convening any public meeting, or for any object whatever, must be published at least seven clear days before the day appointed for such meeting or other proceeding, except in cases otherwise provided for.

M.C. 1916, a. 350.

435. Except in cases otherwise provided for, the intermediate time after a public notice begins to run from the date on which such notice has been published under article 431 or article 433, exclusive of such date.

M.C. 1916, a. 351; 1999, c. 40, s. 60.

436. Public notices are applicable to and binding upon proprietors or ratepayers domiciled outside the territory of the municipality, in the same manner as upon residents, except in cases otherwise provided for.

M.C. 1916, a. 352; 1996, c. 2, s. 275.

437. Every person who wilfully tears down, injures or defaces any document whatsoever posted in any public place under the authority of this Code, incurs a fine of not less than $1 nor more than $8 for each offence.

M.C. 1916, a. 353.

437.1. Every notice or document that a municipality is required to publish in a newspaper in its territory may be published in a municipal information bulletin rather than in a newspaper.

The municipal information bulletin shall

 (1) be mailed or otherwise distributed free of charge to each address in the territory of the municipality, and be received not later than on the publication date indicated therein;

 (2) be transmitted, on request and on payment of subscription fees, where applicable, to every person domiciled or not in the territory of the municipality;

 (3) be published at the intervals established by by-law of the municipality or, in the absence of such a by-law, at least eight times a year.

The first paragraph does not apply to an advertisement provided for in subarticle 1 of article 935, a document provided for in article 1027, or a notice provided for in section 72 or 73 of the Municipal Powers Act (chapter C-47.1).

1995, c. 34, s. 36; 1996, c. 77, s. 26; 1997, c. 53, s. 11; 2002, c. 37, s. 99; 2010, c. 18, s. 40.

437.2. Every municipality may pass by-laws

 (1) to establish a mail subscription service for notices, minutes, by-laws or any other type of documents emanating from the council and fix the subscription rates;

 (2) to provide for the publishing of information documents on the municipal administration and related events.

1995, c. 34, s. 36.

TITLE XII.1 
PROCEEDINGS AND ORDERS IN MATTERS OF ACTIVITIES OR USES
1997, c. 51, s. 3.

437.3. The council of a local municipality may, for a period not exceeding 90 days, prohibit access to any immovable or part of an immovable accessible to the public in which an activity or use is carried on without the permit, certificate or other authorization required by the municipality where the activity or use may endanger the life or health of persons or cause serious or irreparable damage to property.

The decision of the council must contain reasons and be accompanied by a copy of any report, statement of offence or other document on which the decision is based. It shall be notified to the delinquent and the owner or operator of the immovable. The decision shall take effect on the date on which the owner or operator is notified of the decision.

The council shall lift the prohibition of access to the premises before the expiry of the period fixed where the required permit, certificate or authorization is granted by the municipality or where, in its opinion, a change in activity or use causes the permit, certificate or authorization to be no longer required. The council shall notify all interested persons of the decision.

1997, c. 51, s. 3.

437.4. Where the delinquent or the owner or operator of the immovable is, in his opinion, aggrieved by a decision of the council made under article 437.3, he may, within 10 days of notification thereof, contest the decision before the Court of Québec.

The proceeding shall be brought by the filing of a motion and is governed by the rules of ordinary procedure prescribed by the Code of Civil Procedure (chapter C-25).

The motion shall be heard and decided by preference. It shall not suspend the contested decision, unless a judge orders otherwise.

The court may confirm, vary or quash the decision of the council.

1997, c. 51, s. 3; 2002, c. 7, s. 166.

437.5. The council of a local municipality may apply to the Court of Québec, in accordance with the rules of ordinary procedure prescribed by the Code of Civil Procedure (chapter C-25), for the cancellation of the permit, certificate or any other authorization granted by the municipality for an activity or use in an immovable or part of an immovable accessible to the public

 (1) where the activity or use may endanger the life or health of persons or cause serious or irreparable damage to property;

 (2) where the activity or use disturbs public tranquility.

Any such motion shall be heard and decided by preference.

Such a proceeding, however, may not be brought in cases where an application may be made by the municipality to the Régie des alcools, des courses et des jeux under section 85 of the Act respecting liquor permits (chapter P-9.1).

1997, c. 51, s. 3; 2002, c. 7, s. 167.

437.6. In the case of a proceeding brought under subparagraph 1 of the first paragraph of article 437.5, the council of a local municipality may order that the holder suspend the activity or use concerned and prohibit access to the immovable or the part of an immovable in which the activity or use is carried on until the court makes a determination in respect of the application for cancellation or until it orders otherwise.

The decision of the council must give reasons and be accompanied by a copy of the report, of the statement of offence or of any other document on which the decision must be based. The decision must be filed in the court record.

The decision shall take effect on the date on which the holder is notified of the decision.

1997, c. 51, s. 3.

437.7. Where public tranquility is at issue under subparagraph 2 of the first paragraph of article 437.5, the court may, among other factors, take into account:

 (1) any gathering or assembly that results or may result from the activity or use, that may cause excessive noise or otherwise disturb the peace in the neighbourhood;

 (2) the failure by the holder to take appropriate measures to prevent, in the premises concerned,

(a)  the unlawful possession, consumption, sale, exchange or giving, in any manner, of a drug, narcotic or any other substance that may be held to be a drug or narcotic;

(b)  the unlawful possession of a firearm or any other offensive weapon;

(c)  acts of violence, including theft or mischief, that may disturb the peace of occupants or customers or of residents of the neighbourhood.

1997, c. 51, s. 3.

437.8. Where the court cancels a permit, certificate or authorization, it may, on application by the council, order that no permit, certificate or other authorization be granted by the municipality, for the premises to which the decision to cancel applies, or prohibit access to such premises, for a period not exceeding 12 months or until, in the opinion of the council, a change of activity or use justifies the granting of a permit, certificate or authorization or the lifting of the prohibition before the end of the period.

1997, c. 51, s. 3.

437.9. The local municipality shall post any decision, made by the council or the court under this title, on the premises to which the decision or judgment applies, along with a notice indicating the penalty to which any offender is liable.

1997, c. 51, s. 3.

437.10. Every person who continues an activity or use even though the required permit, certificate or authorization has been cancelled by the court or despite an order of suspension or a prohibition of access issued under article 437.6 is liable to a fine of $600 to $2,000.

Every person who is present in an immovable or part of an immovable to which a prohibition of access applies without a legitimate excuse or an authorization from the council or the court, as the case may be, is liable to a fine of $300 to $1,000.

In the case of a subsequent offence, the fines are doubled.

1997, c. 51, s. 3.

TITLE XIII 
RESOLUTIONS

CHAPTER I 
GENERAL PROVISION

438. Whenever any municipality deems it advisable to avail itself of the powers which are granted to it by this Title, for any of the objects therein mentioned, it must do so by resolution.

This article does not affect the right which all municipalities have to decide and exercise, by resolution, all acts of administration concerning them and which are not incompatible with this Code.

M.C. 1916, a. 354; 1996, c. 2, s. 455.

CHAPTER II 
RESOLUTIONS WITHIN THE JURISDICTION OF ALL MUNICIPALITIES
1996, c. 2, s. 455.

439. Every municipality may, by resolution, appoint an officer whose duty it shall be to serve the special notices required by this Code or by by-law.

The appointment of any such officer does not render other municipal officers incapable of making the services which they are authorized by this Code to make.

M.C. 1916, a. 355; 1996, c. 2, s. 455.

440. Every municipality may also, by resolution, order a census to be taken of the inhabitants of all or part of its territory.

M.C. 1916, a. 356; 1946, c. 55, s. 5; 1996, c. 2, s. 276; 1999, c. 40, s. 60; 2005, c. 6, s. 205.

441. (Repealed).

1929, c. 88, s. 15; 1996, c. 2, s. 455; 1996, c. 27, s. 58.

CHAPTER III 
Repealed, 1996, c. 2, s. 277.
1996, c. 2, s. 277.

442. (Repealed).

M.C. 1916, a. 357; 1992, c. 57, s. 484; 1996, c. 2, s. 277.

CHAPTER IV 
Repealed, 2005, c. 6, s. 214.
1996, c. 2, s. 455; 2005, c. 6, s. 214.

443. (Repealed).

M.C. 1916, a. 358; 1996, c. 2, s. 278; 2005, c. 6, s. 214.

CHAPTER V 
Repealed, 1987, c. 57, s. 751.
1987, c. 57, s. 751.

444. (Repealed).

1975, c. 82, s. 18; 1980, c. 16, s. 62; 1987, c. 57, s. 751.

TITLE XIV 
BY-LAWS AND CERTAIN RESOLUTIONS
1996, c. 27, s. 59.

CHAPTER I 
FORMALITIES RESPECTING BY-LAWS

SECTION I 
PASSING, PROMULGATION AND COMING INTO FORCE OF BY-LAWS

445. Every by-law must, on pain of absolute nullity, be preceded by a notice of motion given at a sitting of the council, and it can be read and passed only at a subsequent sitting held on a later date.

It is not necessary to read the by-law if a copy of the proposed by-law was given to the council members not later than two juridical days before the sitting at which it is to be approved and if, at that sitting, all the council members present declare that they have read it and waive the reading of it. In this case, however, the secretary-treasurer or the person presiding at the meeting must mention the object of the by-law, its implications, its scope, its cost, and, where that applies, the mode of financing and payment and repayment.

The person in charge of access to documents of the municipality shall issue a copy of the by-law to every person requesting it within the two juridical days preceding the meeting. He shall also take the necessary measures to ensure that copies of the by-law are put at the disposal of the public at the beginning of the meeting, for reference.

However, in the case of a by-law passed by the council of a regional county municipality, the notice of motion may be replaced by a notice given by registered or certified letter to the members of that council. The secretary-treasurer of the regional county municipality shall transmit such notice to the mayors at least 10 days before the date of the sitting at which the by-law mentioned in the notice will be considered. He shall post up the notice within the same time at the office of the regional county municipality.

The preceding paragraph shall apply, with the necessary modifications, to by-laws passed by a board of delegates.

M.C. 1916, a. 359; 1935, c. 108, s. 3; 1949, c. 71, s. 9; 1975, c. 83, s. 84; 1979, c. 36, s. 16; 1987, c. 68, s. 44; 1996, c. 2, s. 279; 1999, c. 40, s. 60; 2001, c. 25, s. 46; 2003, c. 19, s. 136; 2005, c. 28, s. 58.

446. The original of every by-law, to be authentic, must be signed either by the head of the council, or by the person presiding at the sitting of the council at the time such by-law was passed, and by the secretary-treasurer.

In no case where this Code or any other general law or special Act provides that a by-law must receive an approval may the by-law be published or come into force until it has received that approval. In such a case, a certificate signed by the head of the council and by the secretary-treasurer, certifying the date of each of the required approvals, must accompany and forms part of the original of such by-law.

M.C. 1916, a. 360; 1947, c. 77, s. 9; 1982, c. 63, s. 22; 1996, c. 2, s. 280.

447. As soon as possible after the coming into force of a by-law of a regional county municipality, the secretary-treasurer of the regional county municipality shall transmit a certified true copy thereof to each local municipality in whose territory the by-law is in force.

M.C. 1916, a. 361; 1996, c. 2, s. 281.

448. Every by-law must be entered in the minute-book and in a special book that constitutes the register of by-laws of the municipality; such entries must be signed by the mayor and countersigned by the secretary-treasurer.

The secretary-treasurer must further indicate at the end of every by-law the date of the posting up of the notice of publication of such by-law.

M.C. 1916, a. 362; 1944, c. 46, s. 2; 1996, c. 2, s. 282.

449. Several subject matters may be provided for in one and the same by-law.

Should several subject matters provided for in one and the same by-law require certain approvals before coming into force, it shall not be necessary that each of these subject matters receive such approvals separately but it shall be sufficient that they be given to the by-law as a whole.

M.C. 1916, a. 363; 1947, c. 77, s. 10.

450. Except where otherwise provided by law, every by-law comes into force and is effective as law, if not otherwise provided for therein, on the day of its publication.

M.C. 1916, a. 364; 1982, c. 63, s. 23.

451. Every by-law is published after it has been passed or received its final approval if it has been submitted to one or several of the approvals mentioned in the second paragraph of article 446, by a public notice mentioning the object of the by-law, the date of the passing thereof, and the place where communication thereof may be had.

Such notice is given under the hand of the secretary-treasurer, and is published in the ordinary manner.

If the by-law has received one or more of the approvals mentioned in the second paragraph of article 446, the notice of publication must mention the date and the fact of each of these approvals.

M.C. 1916, a. 366; 1947, c. 77, s. 11; 1982, c. 63, s. 25.

452. Every by-law remains in force and is executory until it has been amended, repealed or annulled by competent authority, or until the expiration of the time for which it was made.

M.C. 1916, a. 368; 1999, c. 40, s. 60.

453. No by-law which, before coming into force and effect was submitted to one or more of the approvals mentioned in the second paragraph of article 446, can be amended or repealed except by another by-law approved in the same manner.

M.C. 1916, a. 369; 1947, c. 77, s. 12.

453.1. Where a municipality consolidates two or more by-laws, one of which required approval or authorization, the council need not obtain approval or authorization for the consolidated by-law.

2003, c. 19, s. 137.

454. No by-law can be repealed or amended except by another by-law.

M.C. 1916, a. 370.

SECTION II 
PENALTIES IN CONNECTION WITH BY-LAWS

455. Except where the applicable penalty is provided for by law, the council may, by by-law,

 (1) prescribe that an offence under any regulatory provision coming under its jurisdiction shall be sanctioned by a fine;

 (2) prescribe either a fine of a fixed amount, or the minimum and maximum fines or a minimum fine of $1 and a maximum fine.

The fixed amount or maximum amount prescribed cannot exceed, for a first offence, $1,000 if the offender is a natural person, or $2,000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed cannot exceed $2,000 if the offender is a natural person, or $4,000 if the offender is a legal person.

M.C. 1916, a. 371; 1927, c. 74, s. 8; 1939, c. 98, s. 2; 1947, c. 77, s. 13; 1954-55, c. 50, s. 11; 1975, c. 82, s. 19; 1979, c. 36, s. 17; 1990, c. 4, s. 247; 1992, c. 27, s. 34.

SECTION III 
Repealed, 1987, c. 57, s. 752.
1987, c. 57, s. 752.

456. (Repealed).

M.C. 1916, a. 372; 1922 (1st sess.), c. 80, s. 7; 1951-52, c. 61, s. 3; 1987, c. 57, s. 752.

457. (Repealed).

M.C. 1916, a. 373; 1922 (1st sess.), c. 80, s. 8; 1930, c. 103, s. 12; 1987, c. 57, s. 752.

458. (Repealed).

M.C. 1916, a. 374; 1927, c. 74, s. 9; 1929, c. 88, s. 16; 1963 (1st sess.), c. 65, s. 3; 1987, c. 57, s. 752.

459. (Repealed).

M.C. 1916, a. 375; 1987, c. 57, s. 752.

460. (Repealed).

1929, c. 88, s. 17; 1987, c. 57, s. 752.

461. (Repealed).

M.C. 1916, a. 376; 1930-31, c. 114, s. 4; 1979, c. 72, s. 276; 1987, c. 57, s. 752.

462. (Repealed).

1931-32, c. 103, s. 2; 1987, c. 57, s. 752.

463. (Repealed).

M.C. 1916, a. 378; 1987, c. 57, s. 752.

464. (Repealed).

M.C. 1916, a. 379; 1987, c. 57, s. 752.

465. (Repealed).

M.C. 1916, a. 380; 1987, c. 57, s. 752.

466. (Repealed).

M.C. 1916, a. 381; 1935, c. 108, s. 4; 1987, c. 57, s. 752.

467. (Repealed).

M.C. 1916, a. 382; 1919, c. 59, s. 22; 1931-32, c. 103, s. 3; 1987, c. 57, s. 752.

468. (Repealed).

1919, c. 59. s. 23; 1931-32, c. 103, s. 4; 1987, c. 57, s. 752.

469. (Repealed).

M.C. 1916, a. 383; 1987, c. 57, s. 752.

470. (Repealed).

M.C. 1916, a. 384; 1987, c. 57, s. 752.

471. (Repealed).

M.C. 1916, a. 385; 1987, c. 57, s. 752.

472. (Repealed).

M.C. 1916, a. 386; 1987, c. 57, s. 752.

473. (Repealed).

M.C. 1916, a. 387; 1987, c. 57, s. 752.

SECTION IV 
Repealed, 1987, c. 57, s. 752.
1987, c. 57, s. 752.

474. (Repealed).

1941, c. 69, s. 12; 1968, c. 86, s. 31; 1979, c. 36, s. 18; 1982, c. 31, s. 132; 1987, c. 57, s. 752.

475. (Repealed).

1941, c. 69, s. 12; 1963 (1st sess.), c. 65, s. 4; 1979, c. 36, s. 19; 1979, c. 72, s. 277; 1987, c. 57, s. 752.

476. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

477. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

478. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

479. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

480. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

481. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

482. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

483. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

484. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

485. (Repealed).

1941, c. 69, s. 12; 1987, c. 57, s. 752.

SECTION V 
APPROVAL OTHER THAN THAT OF THE QUALIFIED VOTERS
1987, c. 57, s. 753.

486. Where this Code or any other general law or special Act provides that a by-law must receive an approval other than that of the qualified voters, the secretary-treasurer, after the by-law has been approved by the qualified voters, if their approval is required, must forward a certified copy of the by-law, together with every other document required by the person to whom it is to be forwarded, to:

 (1) the Minister of Municipal Affairs, Regions and Land Occupancy, if his approval or that of the Government or of the Commission municipale du Québec is required, or

 (2) the minister, body or person whose approval is required, in other cases.

The secretary-treasurer must provide the person to whom the certified copy is to be forwarded with any information requested by him with respect to the by-law.

M.C. 1916, a. 388; 1917-18, c. 20, s. 34; 1947, c. 77, s. 15; 1982, c. 63, s. 27; 1987, c. 57, s. 754; 1992, c. 27, s. 35; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

487. (Repealed).

M.C. 1916, a. 389; 1947, c. 77, s. 16; 1982, c. 63, s. 27; 1992, c. 27, s. 36.

488. The Government or the minister, body or person whose approval is required may approve the by-law in part only.

Notwithstanding article 453, a council having passed a by-law requiring the approval of the Government, the Minister of Municipal Affairs, Regions and Land Occupancy or the Commission municipale du Québec may, by resolution, amend the by-law before it is so approved, without its being necessary to obtain any other approval, provided that the amendments do not result in increasing the charges upon the ratepayers or in changing the object of the by-law. The Government, the Minister or the Commission may then approve the by-law so amended.

1929, c. 88, s. 18; 1943, c. 48, s. 1; 1982, c. 63, s. 27; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

489. The approval of a by-law or other proceeding of a council by the Government or the minister, body or person whose approval is required has no other effect than that of rendering such by-law or proceeding executory, according to law, from its coming into force. That may be done with the same effect in the form of an authorization.

1954-55, c. 50, s. 12; 1982, c. 63, s. 27.

CHAPTER II 
CERTAIN BY-LAWS AND RESOLUTIONS THAT MAY BE MADE BY LOCAL MUNICIPALITIES
1996, c. 2, s. 455; 1996, c. 27, s. 60.

SECTION I  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

490. (Repealed).

M.C. 1916, a. 390; 1930, c. 103, s. 13; 1953-54, c. 31, s. 3; 1982, c. 63, s. 28; 1982, c. 64, s. 1; 1988, c. 19, s. 251; 1996, c. 2, s. 455; 2000, c. 26, s. 61; 2005, c. 6, s. 214.

SECTION II 
GOVERNMENT OF THE COUNCIL AND THE OFFICERS OF THE LOCAL MUNICIPALITY
1996, c. 2, s. 283.

491. Every local municipality may make, amend or repeal by-laws:

 (1) (subparagraph repealed);

 (2) to regulate the manner in which debates of the council are to be carried out and the manner in which order and decorum are to be preserved during the sittings of the council or of any committee;

 (3) to determine the duties of the officers and employees of the municipality not determined by this Code;

 (4) (subparagraph repealed);

 (5) (subparagraph repealed).

M.C. 1916, a. 391; 1983, c. 57, s. 13; 1986, c. 95, s. 84; 1992, c. 61, s. 188; 1996, c. 2, s. 455; 1996, c. 27, s. 61; 1996, c. 77, s. 27; 1998, c. 31, s. 37.

SECTION III 
BUILDINGS

§ 1. —  Visits to Houses

492. Every local municipality may make, amend or repeal by-laws to authorize its officers, between 7:00 a.m. and 7:00 p.m., to visit and examine all movable and immovable property, as well as the interior or exterior of any house, building or edifice whatsoever, to ascertain if the by-laws are carried out, to verify any information or determine any fact necessary to the exercise by the municipality of the power to issue a permit or a notice of compliance of an application and to grant an authorization or any other form of permission, conferred on the municipality by an Act or regulation, and to compel the owners, tenants or occupants of such properties, buildings or edifices to receive its officers, and to answer all questions put to them relative to the carrying out of the by-laws.

M.C. 1916, a. 392; 1996, c. 2, s. 455; 2001, c. 35, s. 28.

493. (Repealed).

1963 (1st sess.), c. 65, s. 5; 1974, c. 46, s. 2; 1974, c. 81, s. 7; 1975, c. 82, s. 22; 1977, c. 53, s. 28; 1979, c. 36, s. 23; 1979, c. 51, s. 259; 1992, c. 65, s. 43; 1994, c. 14, s. 34; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

494. (Repealed).

1979, c. 48, s. 122; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

§ 2. —   Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

495. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

496. (Repealed).

1979, c. 48, s. 123; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

497. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

498. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

499. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

500. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

501. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

502. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

503. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

504. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

505. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

506. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

507. (Repealed).

1979, c. 48, s. 123; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

508. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

509. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

510. (Repealed).

1979, c. 48, s. 123; 1992, c. 57, s. 485; 1994, c. 30, s. 93; 2005, c. 6, s. 214.

511. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

512. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

513. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

514. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

515. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

516. (Repealed).

1979, c. 48, s. 123; 1986, c. 95, s. 85; 2005, c. 6, s. 214.

517. (Repealed).

1979, c. 48, s. 123; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

518. (Repealed).

1979, c. 48, s. 123; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

519. (Repealed).

1979, c. 48, s. 123; 2005, c. 6, s. 214.

SECTION IV 
SEIZURES AND CONFISCATIONS

520. Every local municipality may make, amend or repeal by-laws to authorize, at the time of an inspection, the seizure of all articles offered for sale, or sold, or delivered, in contravention of the by-laws passed under this Code.

M.C. 1916, a. 394; 1992, c. 61, s. 189; 1996, c. 2, s. 455.

SECTION V  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

521. (Repealed).

M.C. 1916, a. 395; 1984, c. 47, s. 213; 1996, c. 2, s. 284; 2005, c. 6, s. 214.

522. (Repealed).

M.C. 1916, a. 396; 1996, c. 2, s. 285; 2005, c. 6, s. 214.

SECTION VI  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

523. (Repealed).

M.C. 1916, a. 397; 1931, c. 19, s. 34; 1966-67, c. 48, s. 22; 1972, c. 54, s. 32; 1996, c. 2, s. 286; 2005, c. 6, s. 214.

SECTION VII  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

524. (Repealed).

M.C. 1916, a. 398; 1917-18, c. 82, s. 1; 1919, c. 59, s. 24; 1930, c. 105, s. 1; 1930-31, c. 115, s. 1; 1971, c. 48, s. 161; 1979, c. 36, s. 26; 1984, c. 38, s. 54; 1992, c. 21, s. 136; 1992, c. 65, s. 27; 1994, c. 23, s. 23; 1996, c. 2, s. 287; 2005, c. 6, s. 214.

SECTION VII.1  Repealed, 2005, c. 6, s. 214.
1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.1. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.2. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.3. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.3.1. (Repealed).

1997, c. 93, s. 75; 2005, c. 6, s. 214.

SECTION VII.2  Repealed, 2005, c. 6, s. 214.
1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.4. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

524.5. (Repealed).

1992, c. 65, s. 28; 2005, c. 6, s. 214.

SECTION VII.3  Repealed, 2005, c. 6, s. 214.
1998, c. 31, s. 38; 2005, c. 6, s. 214.

524.6. (Repealed).

1998, c. 31, s. 38; 2000, c. 56, s. 222; 2005, c. 6, s. 214.

524.7. (Repealed).

1998, c. 31, s. 38; 2005, c. 6, s. 214.

SECTION VIII 
Repealed, 2008, c. 18, s. 138.
2008, c. 18, s. 138.

525. (Repealed).

1975, c. 82, s. 24; 1979, c. 36, s. 27; 1983, c. 45, s. 34; 1984, c. 38, s. 55; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

526. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 24; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

527. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 25; 1986, c. 66, s. 13; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2008, c. 18, s. 138.

528. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 25; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

528.1. (Repealed).

1986, c. 66, s. 14; 1988, c. 25, s. 17; 1996, c. 2, s. 455; 1997, c. 43, s. 180; 2008, c. 18, s. 138.

529. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1985, c. 35, s. 26; 1986, c. 66, s. 15; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

530. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1988, c. 25, s. 19; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

531. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1988, c. 25, s. 20; 1999, c. 40, s. 60; 2008, c. 18, s. 138.

532. (Repealed).

1981, c. 26, s. 39; 1983, c. 45, s. 34; 1984, c. 38, s. 56; 2008, c. 18, s. 138.

532.1. (Repealed).

1985, c. 35, s. 27; 1996, c. 2, s. 288; 2008, c. 18, s. 138.

532.2. (Repealed).

1985, c. 35, s. 27; 1988, c. 25, s. 21; 1996, c. 2, s. 289; 2008, c. 18, s. 138.

532.3. (Repealed).

1985, c. 35, s. 27; 1988, c. 25, s. 22; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

532.4. (Repealed).

1988, c. 25, s. 23; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

533. (Repealed).

1983, c. 45, s. 34; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

534. (Repealed).

1983, c. 45, s. 34; 1985, c. 35, s. 28; 1988, c. 25, s. 24.

535. (Repealed).

1983, c. 45, s. 34; 1988, c. 25, s. 25.

535.1. (Repealed).

1985, c. 35, s. 29; 2008, c. 18, s. 138.

535.2. (Repealed).

1985, c. 35, s. 29; 1986, c. 66, s. 16; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2008, c. 18, s. 138.

535.3. (Repealed).

1985, c. 35, s. 29; 1988, c. 25, s. 26; 2008, c. 18, s. 138.

535.4. (Repealed).

1986, c. 66, s. 17; 1988, c. 25, s. 27; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

535.5. (Repealed).

1988, c. 25, s. 28; 1996, c. 2, s. 455; 1997, c. 53, s. 12; 2008, c. 18, s. 138.

535.6. (Repealed).

1988, c. 25, s. 28; 2008, c. 18, s. 138.

535.7. (Repealed).

1988, c. 25, s. 28; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

SECTION IX 
Repealed, 2008, c. 18, s. 138.
2008, c. 18, s. 138.

536. (Repealed).

1983, c. 45, s. 34; 1984, c. 23, s. 33; 1984, c. 38, s. 57; 1988, c. 25, s. 29; 1996, c. 2, s. 455; 2004, c. 31, s. 63; 2008, c. 18, s. 138.

537. (Repealed).

1983, c. 45, s. 34; 1988, c. 25, s. 30; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

537.1. (Repealed).

1988, c. 25, s. 30; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

538. (Repealed).

1983, c. 45, s. 34; 1988, c. 25, s. 31; 2008, c. 18, s. 138.

539. (Repealed).

1983, c. 45, s. 34; 1984, c. 23, s. 34; 1984, c. 38, s. 58; 1988, c. 25, s. 32; 1996, c. 2, s. 455; 2008, c. 18, s. 138.

SECTION X  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

540. (Repealed).

M.C. 1916, a. 399; 1979, c. 51, s. 259; 1982, c. 2, s. 14; 1982, c. 63, s. 29; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

SECTION XI 
PLAN AND DIVISION OF THE TERRITORY OF THE MUNICIPALITY
1996, c. 2, s. 290.

541.  (1) Every local municipality may make, amend or repeal by-laws:

(a)  to have maps, plans or surveys made of the territory of the municipality.

Maps or plans of such territory, prepared at the expense of the municipality, must be made by a Québec land surveyor, and upon a scale of at least 1:15,000;

(b)  (paragraph repealed);

(c)  (paragraph repealed).

 (2) (subarticle repealed);

 (3) (subarticle repealed).

M.C. 1916, a. 400; 1984, c. 47, s. 213; 1996, c. 2, s. 291; 2005, c. 6, s. 214.

SECTION XII  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

542. (Repealed).

M.C. 1916, a. 401; 1996, c. 2, s. 292; 2005, c. 6, s. 214.

SECTION XIII  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

543. (Repealed).

M.C. 1916, a. 402; 1921, c. 48, s. 24; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

SECTION XIV  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

544. (Repealed).

M.C. 1916, a. 403; 1919, c. 85, s. 1; 1927, c. 74, s. 10; 1929, c. 88, s. 19; 1939, c. 98, s. 3; 1947, c. 77, s. 17; 1951-52, c. 61, s. 4; 1969, c. 60, s. 14; 1982, c. 63, s. 30; 1986, c. 95, s. 86; 1996, c. 2, s. 293; 1997, c. 53, s. 13; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

545. (Repealed).

1983, c. 57, s. 14; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

SECTION XV  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

546. (Repealed).

M.C. 1916, a. 404; 1921, c. 106, s. 1; 1929, c. 25, s. 1; 1929, c. 90, s. 1; 1979, c. 36, s. 28; 1981, c. 7 s. 536; 1982, c. 2, s. 15; 1982, c. 63, s. 31; 1982, c. 64, s. 2; 1986, c. 91, s. 655; 1990, c. 4, s. 248; 1992, c. 61, s. 190; 1996, c. 2, s. 455; 1996, c. 27, s. 62; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

546.1. (Repealed).

2004, c. 20, s. 110; 2005, c. 6, s. 214.

547. (Repealed).

1945, c. 70, s. 5; 1979, c. 36, s. 29; 1985, c. 27, s. 45; 1992, c. 27, s. 37; 1996, c. 2, s. 294; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

548. (Repealed).

1963 (1st sess.), c. 65, s. 6; 1996, c. 2, s. 295; 2005, c. 6, s. 214.

548.1. (Repealed).

1985, c. 27, s. 46; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

548.2. (Repealed).

1985, c. 27, s. 46; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

548.3. (Repealed).

2003, c. 19, s. 138; 2005, c. 6, s. 214.

549. (Repealed).

1977, c. 53, s. 31; 1979, c. 36, s. 30; 1982, c. 63, s. 32; 1987, c. 102, s. 41; 1988, c. 49, s. 43; 1989, c. 46, s. 16; 1994, c. 33, s. 29; 1996, c. 2, s. 296.

550. (Repealed).

1979, c. 36, s. 30; 1987, c. 42, s. 5; 1996, c. 2, s. 297; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

550.1. (Repealed).

1998, c. 31, s. 39; 2005, c. 6, s. 214.

550.2. (Repealed).

2002, c. 77, s. 41; 2004, c. 20, s. 111; 2005, c. 6, s. 214.

SECTION XVI  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

551. (Repealed).

M.C. 1916, a. 405 (part); 1972, c. 42, s. 56; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

SECTION XVII  Repealed, 2005, c. 6, s. 214.
1997, c. 58, s. 23; 2005, c. 6, s. 214.

552. (Repealed).

1979, c. 85, s. 81; 1996, c. 2, s. 455; 1996, c. 16, s. 63; 1997, c. 58, s. 24; 2005, c. 6, s. 214.

SECTION XVIII  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

553. (Repealed).

M.C. 1916, a. 406; 1937, c. 99, s. 1; 1977, c. 53, s. 32; 1990, c. 4, s. 249; 1996, c. 2, s. 298; 2005, c. 6, s. 214.

554. (Repealed).

1983, c. 57, s. 16; 1996, c. 2, s. 299; 2005, c. 6, s. 214.

SECTION XIX  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

555. (Repealed).

M.C. 1916, a. 407; 1924, c. 85, s. 1; 1949, c. 59, s. 62; 1973, c. 38, s. 90; 1979, c. 36, s. 31; 1982, c. 63, s. 33; 1983, c. 57, s. 17; 1985, c. 27, s. 47; 1986, c. 32, s. 3; 1994, c. 17, s. 21; 1996, c. 2, s. 300; 1998, c. 31, s. 40; 1999, c. 36, s. 158; 2000, c. 20, s. 168; 2005, c. 6, s. 214.

SECTION XIX.1  Repealed, 2005, c. 6, s. 214.
1985, c. 27, s. 48; 2005, c. 6, s. 214.

555.1. (Repealed).

1985, c. 27, s. 48; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

SECTION XX  Repealed, 2005, c. 6, s. 214.
1985, c. 3, s. 1; 2005, c. 6, s. 214.

555.2. (Repealed).

1985, c. 3, s. 2; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

556. (Repealed).

1979, c. 83, s. 1; 1996, c. 2, s. 301; 2005, c. 6, s. 214.

SECTION XXI  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

557. (Repealed).

M.C. 1916, a. 408 (part); 1919-20, c. 82, s. 2; 1921, c. 48, s. 25; 1926, c. 69, s. 1; 1927, c. 74, s. 11; 1928, c. 94, s. 14; 1930, c. 103, s. 15; 1930-31, c. 114, s. 6; 1930-31, c. 116, s. 1; 1931-32, c. 103, s. 5; 1934, c. 85, s. 1; 1935, c. 24, Sch.; 1935, c. 108, s. 5; 1937, c. 100, s. 1, s. 2; 1941, c. 69, s. 14; 1943, c. 48, s. 2; 1944, c. 46, s. 3; 1946, c. 55, s. 6; 1949, c. 59, s. 63; 1955-56, c. 42, s. 4; 1959, c. 11, s. 2; 1968, c. 86, s. 32; 1972, c. 42, s. 64; 1972, c. 49, s. 136; 1973, c. 38, s. 91; 1975, c. 31, s. 15; 1975, c. 82, s. 25; 1977, c. 53, s. 33; 1979, c. 36, s. 32; 1979, c. 49, s. 33; 1984, c. 47, s. 213; 1987, c. 42, s. 6; 1987, c. 57, s. 755; 1988, c. 8, s. 82; 1996, c. 2, s. 302; 1997, c. 83, s. 43; 1999, c. 40, s. 60; 2000, c. 22, s. 68; 2002, c. 77, s. 42; 2005, c. 6, s. 214.

557.1. (Repealed).

1997, c. 93, s. 76; 2005, c. 6, s. 214.

557.2. (Repealed).

1997, c. 93, s. 76; 2005, c. 6, s. 214.

558. (Repealed).

1931-32, c. 103, s. 6; 1941, c. 69, s. 16; 2005, c. 6, s. 214.

559. (Repealed).

1935, c. 108, s. 6; 1941, c. 69, s. 17; 1992, c. 57, s. 486; 1994, c. 30, s. 94; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

560. (Repealed).

M.C. 1916, a. 409; 1945, c. 70, s. 6; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

561. (Repealed).

1945, c. 70, s. 7; 1996, c. 2, s. 303; 2005, c. 6, s. 214.

562. (Repealed).

1953-54, c. 31, s. 4; 2005, c. 6, s. 214.

563. (Repealed).

1979, c. 36, s. 33; 1996, c. 2, s. 455; 1997, c. 93, s. 77; 1998, c. 31, s. 41; 2005, c. 6, s. 214.

563.0.1. (Repealed).

1997, c. 93, s. 78; 2005, c. 6, s. 214.

563.1. (Repealed).

1996, c. 27, s. 63; 2005, c. 6, s. 214.

563.2. (Repealed).

1996, c. 27, s. 63; 2005, c. 6, s. 214.

563.3. (Repealed).

1996, c. 27, s. 63; 2005, c. 6, s. 214.

563.4. (Repealed).

2002, c. 53, s. 21; 2005, c. 6, s. 214.

SECTION XXII  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

564. (Repealed).

M.C. 1916, a. 410; 1946, c. 55, s. 7; 1975, c. 82, s. 26; 1983, c. 57, s. 18; 1988, c. 84, s. 700; 1996, c. 2, s. 304; 2005, c. 6, s. 214.

SECTION XXIII  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

565. (Repealed).

1977, c. 18, s. 2; 1979, c. 36, s. 34; 1982, c. 63, s. 34; 1986, c. 91, s. 655; 1990, c. 4, s. 250; 1992, c. 27, s. 38; 1992, c. 61, s. 191; 2005, c. 6, s. 214.

566. (Repealed).

1979, c. 36, s. 35; 1990, c. 4, s. 251; 1992, c. 61, s. 192.

SECTION XXIII.1  Repealed, 2005, c. 6, s. 214.
1996, c. 27, s. 64; 2005, c. 6, s. 214.

566.1. (Repealed).

1985, c. 27, s. 49; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

566.2. (Repealed).

1986, c. 32, s. 4; 1996, c. 2, s. 305; 2005, c. 6, s. 214.

566.3. (Repealed).

1996, c. 27, s. 65; 2005, c. 6, s. 214.

SECTION XXIV  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

567. (Repealed).

M.C. 1916, a. 411; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

567.1. (Repealed).

1985, c. 27, s. 50; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

568. (Repealed).

M.C. 1916, a. 412; 1978, c. 7, s. 81; 1979, c. 36, s. 36; 1996, c. 2, s. 306; 2004, c. 31, s. 71; 2005, c. 6, s. 214.

SECTION XXV 
INTERMUNICIPAL AGREEMENTS

§ 1. —  Agreement

569. Every local municipality may make an agreement with any other municipality, regardless of the law governing it, relating to all or part of any field within its jurisdiction.

Where several municipalities, by means of an agreement, share the services of an officer whom each municipality must have or appoint according to law, each party to the agreement is deemed to comply with that obligation.

1968, c. 86, s. 33; 1969, c. 82, s. 9; 1979, c. 83, s. 2; 1982, c. 63, s. 35; 1983, c. 57, s. 19; 1984, c. 38, s. 59; 1992, c. 65, s. 29; 1996, c. 2, s. 455; 1996, c. 27, s. 66; 1998, c. 31, s. 42.

569.0.1. Every local municipality may make with any other local municipality, regardless of the law governing it, an agreement whereby they delegate to the regional county municipality whose territory includes their territories the exercise of all or part of a field within their jurisdiction.

However, the making of an agreement under the first paragraph must be preceded

 (1) by the tabling of a draft agreement at a sitting of the council of the regional county municipality;

 (2)  by the sending, by the secretary-treasurer of the regional county municipality, of a copy of the draft agreement to each local municipality whose territory is situated within that of the regional county municipality, together with a notice mentioning that each local municipality interested in making an agreement having the same content as that of the draft agreement must, within 60 days following receipt of those documents, transmit a resolution expressing its interest to the regional county municipality.

The agreement made by the local municipalities having expressed their interest in accordance with subparagraph 2 of the second paragraph binds, without further formality, the regional county municipality insofar as every expenditure arising from the implementation of the agreement is assumed entirely by the local municipalities.

Only the representatives of the local municipalities who have made the delegation provided for in the first paragraph are empowered to participate in the deliberations and vote of the council of the regional county municipality as regards the exercise of the delegated functions.

2002, c. 68, s. 13.

569.1. (Repealed).

1985, c. 27, s. 51; 1986, c. 32, s. 5.

570. The agreement mentioned in article 579 must be approved by the Minister of Municipal Affairs, Regions and Land Occupancy.

When submitted for approval, the agreement must be accompanied with the resolutions by which it was authorized.

The first two paragraphs also apply to any agreement amending the agreement mentioned in article 579.

1979, c. 83, s. 2; 1994, c. 33, s. 30; 1996, c. 27, s. 67; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

571. (Repealed).

1979, c. 83, s. 2; 1996, c. 27, s. 68.

572. The agreement must include:

 (1) a detailed description of its object;

 (2) the mode of operation, determined in accordance with article 576;

 (3) the mode of apportionment of the financial contributions among the municipalities that are parties to the agreement;

 (4) an indication of the term of the agreement and, where such is the case, the terms and conditions of its renewal;

 (5) where the agreement is contemplated in the second paragraph of article 574, a palliative measure for the case where actual consumption exceeds maximum capacity of consumption;

 (6) the apportionment of the assets and liabilities relating to the implementation of the agreement, when the agreement is terminated.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

573. The financial contribution of each municipality must include:

 (1) the capital expenditures of an intermunicipal nature incurred before or after the agreement;

 (2) the operating cost related to the object of the agreement.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

574. The payment of capital expenditures is made in accordance with the mode of apportionment contained in the agreement.

However, where the object of the agreement is the supply of drinking water or the management of waste water, it must fix a maximum capacity of consumption for each municipality, taking into account the potential use of the goods and services contemplated. The payment of capital expenditures is then made in proportion to the maximum capacity of consumption of each municipality.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

575. The operating cost must be apportioned according to the actual consumption of each municipality, which must not exceed, as the case may be, the maximum capacity of consumption determined in accordance with the second paragraph of article 574.

Where the criterion of apportionment mentioned in the first paragraph is not applicable to the object of the agreement, the agreement must provide an alternate method for that purpose.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

576. The agreement must provide one of the following modes of operation:

 (1) the supply of services by one of the municipalities that are parties to the agreement;

 (2) the delegation of a jurisdiction, except that of making by-laws or imposing taxes, from one municipality to another;

 (3) intermunicipal management.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1998, c. 31, s. 43.

577. In the case of the supply of services or delegation of jurisdiction, the agreement may provide for the creation of a committee for the purposes of its implementation. In all cases, however, the expenditure of money may be authorized exclusively by the council of each municipality.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

578. The municipality to which another municipality that is a party to the agreement has delegated its jurisdiction has all the powers necessary for the carrying out of the agreement, including the power to carry out work on the territory of the other municipality and to acquire and possess property in that territory.

Where the municipality to which the jurisdiction is delegated is a regional county municipality, it shall have, for the purposes of the agreement, all the powers of every local municipality having delegated its jurisdiction, except that of making by-laws or imposing taxes.

A regional county municipality referred to in the second paragraph may, however, pass any by-law that may be passed by a local municipality, required for the acquisition, establishment or operation of a property or service or for the carrying out of work provided for in the agreement.

1979, c. 83, s. 2; 1987, c. 102, s. 42; 1994, c. 33, s. 31; 1995, c. 34, s. 37; 1996, c. 2, s. 307; 1998, c. 31, s. 44; 2001, c. 25, s. 47.

§ 2. —  Intermunicipal management board

579. Where the agreement provides for the establishment of an intermunicipal management board, in addition to the particulars mentioned in article 572 the agreement must contain:

 (1) the intended name of the management board;

 (2) the place of its head office, which must be situated in the territory of one of the municipalities that are parties to the agreement;

 (3) the number of votes, which may be in number and in value, granted to each member of the board of directors.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

580. Where an agreement mentioned in article 579 is submitted to the Minister of Municipal Affairs, Regions and Land Occupancy, he may approve the agreement and order the establishment of the intermunicipal management board.

The order must indicate the object of the agreement and set forth such other provisions of the agreement as the Minister considers necessary. It must also indicate the date and place of the first meeting of the board of directors of the management board.

The Minister may amend the order he has issued if the agreement submitted to his approval is amended.

The order, or any amendment to it, comes into force when a notice of its issuance is published in the Gazette officielle du Québec.

1979, c. 83, s. 2; 1990, c. 85, s. 117; 1994, c. 33, s. 32; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

581. The management board is a legal person.

It is composed of the members of the board of directors.

1979, c. 83, s. 2; 1999, c. 40, s. 60.

582. The function of the management board is to carry out the object of the agreement.

1979, c. 83, s. 2.

583. All the revenues of the management board must be used for the performance of its obligations and the carrying out of the object of the agreement.

1979, c. 83, s. 2.

583.1. If the management board decides to use moneys from the general fund to pay a capital expenditure incurred for the benefit of only some of the municipalities in whose territory the board has jurisdiction, it may decide to reimburse the fund by means of an aliquot share payable by the municipalities concerned.

In such a case, the board shall authorize the use of the moneys by a by-law that specifies the amount of the moneys used and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed the useful life of the property that the moneys enable the board to acquire, repair, restore or build, and must require an aliquot share from the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 45.

583.2. The aliquot share payable by the municipalities is determined using the mode of apportionment of capital expenditures contained in the agreement providing for the establishment of the management board. The aliquot share must provide for the repayment of the moneys used and the payment of a compensatory amount that may be determined by resolution and must be equal to the interest that would be payable if the board, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the board, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 45.

583.3. The by-law is subject to the approval of all the municipalities for whose benefit the expenditure is incurred.

A municipality whose council has not made a decision with respect to the by-law at or before the second regular sitting following receipt of an authenticated copy of the by-law is deemed to have approved it.

2008, c. 18, s. 45.

583.4. The Minister of Municipal Affairs, Regions and Land Occupancy may also require that the by-law be submitted for approval to the qualified voters in the territory of each of the municipalities for whose benefit the expenditure is incurred.

To that end, the management board shall send an authenticated copy of the by-law to the Minister and give public notice of the adoption of the by-law to the municipal ratepayers concerned. The notice must be published in a newspaper in the territory of the municipalities and contain

 (1) the number, title, object and date of adoption of the by-law;

 (2) the amount of the moneys to be used and the projected expenditure; and

 (3) the right of the ratepayers concerned to send the Minister of Municipal Affairs, Regions and Land Occupancy, within 30 days after the notice is published, a request that the by-law be submitted for approval to the qualified voters of each of the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 45; 2009, c. 26, s. 109.

583.5. The Minister shall inform the management board if no request is received within the time prescribed in subparagraph 3 of the second paragraph of article 583.4.

If a request is received, the Minister may require that the by-law be approved by the qualified voters in the territory of each of the municipalities for whose benefit the expenditure is incurred.

The Minister shall inform the management board of the decision. If the Minister decides to require the approval of the qualified voters, the Minister shall also inform each of the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 45.

584. The board has jurisdiction in the territory of the municipalities that are parties to the agreement.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

585. The affairs of the management board are administered by a board of directors composed of delegates from the municipalities in whose territory the management board has jurisdiction.

The number of delegates from each municipality must be fixed in the agreement and set forth in the order of the Minister establishing the management board.

The municipality must select each delegate from among the members of its council.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

586. At the first meeting, held within 60 days of the coming into force of the order establishing the management board, the board of directors must appoint a chairman from among its members.

The term of office of the chairman is one year and it may be renewed.

The chairman presides the meetings of the board of directors and directs the discussions. He maintains order and decorum.

Meetings of the board of directors are public.

1979, c. 83, s. 2.

587. At the first meeting, the board of directors must also appoint the secretary and the treasurer of the management board.

It may appoint a secretary-treasurer to discharge both offices.

1979, c. 83, s. 2.

588. A majority of the members of the board of directors is a quorum thereof.

1979, c. 83, s. 2.

589. Decisions of the board of directors are taken by a majority of the votes.

1979, c. 83, s. 2.

590. Each member is entitled to the number of votes fixed in the agreement and is bound to vote, unless he is prevented therefrom by reason of his interest in the matter concerned under the Act respecting elections and referendums in municipalities (chapter E-2.2). The chairman is not bound to vote.

In case of a tie-vote, the decision is deemed to be negative.

1979, c. 83, s. 2; 1987, c. 57, s. 756.

591. (Repealed).

1979, c. 83, s. 2; 1987, c. 57, s. 757.

592. A member of the board of directors ceases to form part of it if he ceases to be a member of the municipal council for which he was appointed.

However, such a person does not cease to hold office at the expiry of his term as a member of the municipal council if he is reelected at the election held after the expiry of his term and if, after his reelection, he has made the required oath within the prescribed time.

1979, c. 83, s. 2; 1987, c. 57, s. 758; 1989, c. 56, s. 8.

593. The resignation of a member of the board of directors is effective from the remittance of a writing to that effect to the secretary, who remits it to the board of directors at the next meeting.

1979, c. 83, s. 2.

594. Any vacancy on the board of directors must be filled within 30 days.

1979, c. 83, s. 2.

595. The provisions of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) with respect to the remuneration fixed by municipal by-law, the expense allowance and the reimbursement of expenses, except the provisions relating to the minimum amount of remuneration thus fixed, apply, adapted as required, to the management board.

1979, c. 83, s. 2; 1982, c. 63, s. 36; 1996, c. 27, s. 69.

596. The board of directors shall appoint, whenever it deems it advisable, any officer or employee it considers necessary for the operation of the management board.

1979, c. 83, s. 2; 1984, c. 38, s. 60.

597. The board of directors has its meetings at such times as it may determine by resolution.

It also meets at the written request of the chairman, or of one-third of its members, addressed to the secretary. The request must mention the subjects proposed for consideration.

The notice of meeting addressed by the secretary to the members of the board of directors must be drawn up and served in the manner prescribed by a resolution of the board of directors. The request must mention the subjects proposed for consideration.

1979, c. 83, s. 2.

598. The board of directors may make by-laws for its internal management.

1979, c. 83, s. 2.

599. The minutes of the meetings drawn up by the secretary and approved by the board of directors, and the copies and extracts certified true by the secretary or the person in charge of access to documents of the management board, constitute evidence of their content.

1979, c. 83, s. 2; 1987, c. 68, s. 45; 1999, c. 40, s. 60.

600. The registers and documents in the possession of the secretary and forming part of the records of the management board and the account books of the treasurer may be examined by any person during regular working hours.

The person in charge of access to documents of the management board must issue to any person applying therefor, copies or extracts of the documents referred to in the first paragraph.

1979, c. 83, s. 2; 1987, c. 68, s. 46.

601. In the pursuit of its objects, the management board may

 (1) have a seal; and

 (2) acquire movable or immovable property by expropriation.

When the object of the agreement is the supply of drinking water, the management of waste water or the development or operation of an airport facility, the management board may acquire immovables within a radius of 50 kilometres outside the territory in which it has jurisdiction, by agreement or expropriation.

1979, c. 83, s. 2; 1982, c. 63, s. 37; 1984, c. 38, s. 61; 1994, c. 33, s. 33; 1995, c. 34, s. 38; 2003, c. 19, s. 139; 2005, c. 6, s. 206.

601.1. Unless otherwise provided, no property of the management board may be alienated otherwise than by onerous title. Each month the secretary must publish a notice concerning the properties with a value greater than $10,000 that were alienated by the management board 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.

2005, c. 6, s. 206.

601.2. Unless otherwise provided, no management board may acquire or build property mainly for leasing purposes.

2005, c. 6, s. 206.

602. The fiscal period of the management board begins on 1 January and terminates on 31 December.

The expenses of the management board are charged to the municipalities in whose territory it has jurisdiction. The expenses are apportioned in the manner prescribed in articles 573 to 575.

However, the management board must reduce the contribution collected from the municipalities by any amount received as a subsidy, gift or legacy.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

603. Every year, the management board must prepare a budget for the next fiscal period and submit it for adoption, before 1 October, to each municipality whose territory is under its jurisdiction.

It must at the same time indicate to each municipality an estimate of its financial contribution for the next fiscal period.

The budget must be adopted by not less than two-thirds of the municipalities. If the budget is thus adopted before 1 January, it comes into force on that date. If it has not been adopted by that date, it comes into force 15 days after its adoption by not less than two-thirds of the municipalities.

Where the budget has not come into force on 1 January, one of the municipalities may apply for conciliation on that point and article 622 applies, with the necessary modifications. The recourse provided by article 623 cannot be exercised in that case.

1979, c. 83, s. 2; 1982, c. 2, s. 16; 1996, c. 2, s. 455; 1996, c. 27, s. 70.

604. If the budget comes into force after 1 January, this section applies, until that coming into force, as if, at the beginning of each three month period of the fiscal period, one quarter of the budget of the preceding fiscal period was adopted.

1979, c. 83, s. 2.

605. The management board may, during a fiscal period, draw up any such supplementary budget as it deems necessary. It must submit it for adoption within 15 days to each municipality whose territory is subject to its jurisdiction.

1979, c. 83, s. 2; 1996, c. 2, s. 455.

605.1. The budget and the supplementary budget must be transmitted to the Minister of Municipal Affairs, Regions and Land Occupancy within 30 days of their adoption by not less than two-thirds of the municipalities in the territories of which the management board has jurisdiction.

The Minister may order that the budgets be transmitted by means of a form furnished by him for that purpose.

Upon sufficient proof that the management board is unable to draw up or transmit its budget within the prescribed time, the Minister may grant any extension of time he fixes. The budget and the supplementary budget of a management board contemplated in section 48.37 or 48.42 of the Transport Act (chapter T-12) must also be transmitted to the Minister of Transport within the time limit fixed under this article.

1985, c. 27, s. 52; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109; 2012, c. 21, s. 11.

606. The management board may, by by-law approved by the Minister of Municipal Affairs, Regions and Land Occupancy and the municipalities in the territory under its jurisdiction, contract loans for purposes within its competence by notes, bonds or other securities.

1979, c. 83, s. 2; 1984, c. 38, s. 62; 1992, c. 27, s. 39; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

607. Once the by-law is passed, the secretary of the management board shall give public notice to the taxpayers of the municipalities in the territory under the jurisdiction of the board. The notice shall be published in a newspaper distributed in the territory of the municipalities.

The notice shall state:

 (1) the number, title, object and date of passage of the by-law;

 (2) the amount of the projected loan and the projected use of the borrowed monies;

 (3) that the taxpayers concerned by the notice have the right to oppose the approval of the by-law by the Minister of Municipal Affairs, Regions and Land Occupancy by sending their written objections to the Minister within 30 days following publication of the notice.

Within 15 days of the passing of the by-law, the secretary of the management board shall send a copy of it to each municipality whose territory is subject to the jurisdiction of the management board.

No later than the second regular sitting after receiving the copy, the council of each municipality must approve or reject the by-law. If the council fails to do so, the by-law shall be deemed approved. The secretary-treasurer shall send a copy of the resolution under which the council approved or rejected the by-law to the secretary of the management board.

1979, c. 83, s. 2; 1984, c. 38, s. 63; 1996, c. 2, s. 455; 1996, c. 77, s. 28; 1999, c. 43, s. 13; 2003, c. 19, s. 140, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

608. If all the municipalities have approved the by-law, the secretary of the management board shall send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy, together with every other document he may require.

Before approving the by-law, the Minister may order each municipality whose territory is under the jurisdiction of the management board to submit the by-law to the qualified voters for approval. A referendum poll must then be held in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2).

The secretary must provide the Minister with any information requested by him with respect to the by-law.

1979, c. 83, s. 2; 1984, c. 38, s. 64; 1987, c. 57, s. 759; 1989, c. 69, s. 4; 1992, c. 27, s. 40; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

609. The municipalities whose territory is subject to the jurisdiction of the board are jointly and severally liable towards the holders of bonds, notes or other debt securities issued by the board for the repayment thereof, in capital and interest.

1979, c. 83, s. 2; 1992, c. 27, s. 41; 1996, c. 2, s. 455.

610. The bonds, notes or other debt securities issued by the management board must be signed by the chairman and the treasurer of the management board.

1979, c. 83, s. 2; 1992, c. 27, s. 42; 1994, c. 33, s. 34.

611. A bond, note or other debt security is deemed validly signed if it bears the signatures of the chairman and of the treasurer in office on the date appearing on the security or at the time it was signed.

1979, c. 83, s. 2; 1992, c. 27, s. 43; 1994, c. 33, s. 35; 1999, c. 40, s. 60.

612. Cheques issued by the management board must be signed by the chairman and the treasurer.

1979, c. 83, s. 2.

613. A signature may be printed, engraved or otherwise reproduced on a bond, note, debt security or cheque.

1979, c. 83, s. 2; 1992, c. 27, s. 44.

614. Any deficit in a fiscal period must be entered under expenditures in the budget of the following fiscal period.

Any surplus may, subject to the rules established in an agreement under section 13.1 of the Act respecting municipal industrial immovables (chapter I-0.1),

 (1) be entered under revenue in the budget of the following fiscal period;

 (2) be paid to the municipalities in whose territory the management board has jurisdiction, in the proportion determined under article 574;

 (3) be used for any purpose within the jurisdiction of the management board as determined by the board of directors by a majority of two-thirds of the votes cast.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1996, c. 27, s. 71; 1999, c. 59, s. 11.

614.1. The management board may, by by-law, for the benefit of all of the municipalities in whose territory it has jurisdiction, or of some of those municipalities, establish a financial reserve for any purpose within its jurisdiction for the financing of expenditures.

The by-law must set out

 (1) the purpose for which the reserve is established;

 (2) the projected amount of the reserve;

 (3) the mode of financing of the reserve;

 (4) in the case of a reserve of specified duration, the duration of existence of the reserve;

 (5) the allocation of the amount, if any, by which income exceeds expenditures at the end of the existence of the reserve.

The by-law must also indicate that the reserve is established for the benefit of all of the municipalities in whose territory the management board has jurisdiction, or of some of those municipalities, and in the latter case, specify the municipalities concerned.

The duration of existence of a reserve must be determined, unless such determination is inconsistent with the purpose for which the reserve is established.

2000, c. 19, s. 7; 2001, c. 68, s. 27.

614.2. A financial reserve shall be made up of the sums allocated to it each year and interest earned on the sums.

The sums allocated to the reserve may derive only from surpluses in a fiscal year that are used for that purpose pursuant to subparagraph 3 of the second paragraph of article 614, from a contribution payable by the municipalities for whose benefit the reserve is established or from the excess amount referred to in section 244.4 of the Act respecting municipal taxation (chapter F-2.1), derived from a mode of tariffing established by the management board under article 617.1.

Where the reserve is established for the benefit of some of the municipalities in whose territory the management board has jurisdiction, the reserve may not be made up of sums from the surpluses or excess amounts referred to in the second paragraph unless they derive exclusively from the municipalities for whose benefit the reserve is established or from their territory.

2000, c. 19, s. 7; 2001, c. 68, s. 28.

614.3. Articles 606 to 608 apply, with the necessary modifications, to a by-law provided for in article 614.1.

The first paragraph does not apply where the reserve is established to meet a requirement of the Government, a minister or a government body as a result of the application of an Act or regulation.

2000, c. 19, s. 7; 2001, c. 68, s. 29.

614.4. All expenditures necessary for the carrying out of the purpose for which the reserve was established must have been made on or before the date on which the reserve ceases to exist.

The treasurer must file, not later than at the last meeting of the board of directors before that time, a statement of the income and expenditures of the reserve.

The board of directors shall allocate the amount, if any, by which the reserve's income exceeds its expenditures in accordance with the provisions of the by-law under which the reserve was established. If there is no such provision, any amount in excess shall be paid to the municipalities for whose benefit the reserve was established, in the proportion determined under article 574.

2000, c. 19, s. 7; 2001, c. 68, s. 30.

614.5. A by-law establishing a financial reserve may not provide for a projected amount that, if added to the projected amounts of reserves already established by by-law and still in existence, results in an amount exceeding the higher of

 (1) an amount corresponding to 30% of the other appropriations provided for in the budget of the fiscal year in which the by-law is adopted; and

 (2) an amount corresponding to 15% of the total undepreciated cost of fixed assets.

As regards a reserve referred to in the second paragraph of article 614.3, the amount of such a reserve shall not enter into the calculation of the maximum amount provided for in the first paragraph.

2000, c. 19, s. 7; 2001, c. 68, s. 31.

614.6. The sums allocated to a financial reserve established under article 614.1 must be invested in accordance with section 99 of the Cities and Towns Act (chapter C-19).

2000, c. 19, s. 7.

614.7. The management board may, with a view to having at its disposal the moneys it needs for the purposes within its jurisdiction, constitute a fund known as the “working fund” or increase the amount of the fund. To that effect, it shall adopt a by-law

 (1) to appropriate for that purpose all or part of the accumulated surplus of its general fund;

 (2) to order a loan; or

 (3) to carry out both of the above operations.

The by-law ordering a loan to constitute the working fund or increase the amount of the fund must specify the term of the loan, which is not to exceed 10 years, and must stipulate that the repayment of the loan is to be charged to all the municipalities in whose territory the board has jurisdiction, according to the operating cost apportionment method set out in the agreement.

The amount of the fund may not exceed 20% of the appropriations provided for in the board's budget for the current fiscal year. However, if the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for fewer appropriations than the budget used to determine the amount of the fund, the amount may remain unchanged.

Article 203 applies, with the necessary modifications, to the investment of the available moneys of the fund.

The interest on the working fund and the compensatory sum provided for in article 614.12 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected

If the working fund is abolished, the moneys available in it must be used to repay a loan contracted to constitute the fund or increase the amount of the fund before they may be paid into the general fund.

2008, c. 18, s. 46.

614.8. A member of the board of directors who, knowingly, by a vote or otherwise, authorizes

 (1) the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in the third paragraph of article 614.7;

 (2) the investment of the moneys in the fund otherwise than in the manner prescribed in the fourth paragraph of article 614.7; or

 (3) the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in the sixth paragraph of article 614.7

may be declared disqualified to hold municipal office for two years and may be held personally liable towards the management board for any loss or damage suffered by it.

The liability mentioned in the first paragraph is joint and several and it applies to every officer or employee of the management board who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification are taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action is taken to obtain compensation for loss or damage. Any ratepayer may exercise such recourses.

Disqualification may also be declared by means of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).

2008, c. 18, s. 46.

614.9. The management board may borrow from the working fund pending the collection of revenues, or in order to pay all or part of an expense resulting from the implementation of a departure incentive program for the officers and employees of the board or to pay a capital expenditure. The resolution authorizing the loan must specify the term of repayment, which may not exceed one year, five years or ten years, depending on the purpose of the loan.

2008, c. 18, s. 46.

614.10. Every year, the management board shall provide out of its general fund a sum sufficient to repay a loan from the working fund.

2008, c. 18, s. 46.

614.11. If the loan is used to pay a capital expenditure incurred for the benefit of only some of the municipalities in whose territory the management board has jurisdiction, the board may decide that the loan is to be repaid by means of an aliquot share payable by the municipalities concerned.

In such a case, the management board shall authorize the loan from the working fund by a by-law that specifies the amount of the loan and contains a detailed description of the expenditure. The by-law must also specify the term of repayment, which is not to exceed 10 years, and must require an aliquot share from the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 46.

614.12. The aliquot share payable by the municipalities is determined using the mode of apportionment of capital expenditures contained in the agreement providing for the establishment of the management board. The aliquot share must provide for the repayment of the loan and the payment of a compensatory amount which may be determined by resolution and must be equal to the interest that would be payable if the board, at the date on which it authorizes the payment of the expenditure, contracted a loan on the capital market to finance that expenditure for an identical term. The Minister of Finance must inform the board, at its request, of the interest rate in effect at the time of the request.

2008, c. 18, s. 46.

614.13. The by-law is subject to the approval of all the municipalities for whose benefit the expenditure is incurred.

A municipality whose council has not made a decision with respect to the by-law at or before the second regular sitting following receipt of an authenticated copy of the by-law is deemed to have approved it.

2008, c. 18, s. 46.

614.14. The Minister of Municipal Affairs, Regions and Land Occupancy may require that the by-law be submitted for approval to the qualified voters in the territory of each of the municipalities for whose benefit the expenditure is incurred.

To that end, the management board shall send an authenticated copy of the by-law to the Minister and give public notice of the adoption of the by-law to the municipal ratepayers concerned. The notice must be published in a newspaper in the territory of the municipalities and contain

 (1) the number, title, object and date of adoption of the by-law;

 (2) the amount of the projected loan and the use to be made of the sums borrowed from the fund; and

 (3) the right of the ratepayers concerned to send the Minister of Municipal Affairs, Regions and Land Occupancy, within 30 days after the notice is published, a request that the by-law be submitted for approval to the qualified voters of each of the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 46; 2009, c. 26, s. 109.

614.15. The Minister shall inform the management board if no request is received within the time prescribed in subparagraph 3 of the second paragraph of article 614.14.

If a request is received, the Minister may require that the by-law be approved by the qualified voters in the territory of each of the municipalities for whose benefit the expenditure is incurred.

The Minister shall inform the management board of the decision. If the Minister decides to require the approval of the qualified voters, the Minister shall also inform each of the municipalities for whose benefit the expenditure is incurred.

2008, c. 18, s. 46.

615. The payment of the contribution of each municipality may be made in one or several instalments in such a manner and at such time as may be fixed by by-law of the management board approved by all the municipalities whose territory is subject to its jurisdiction. If there is no by-law, the demand for payment is made at the beginning of every three month period and the amount due is exigible within 30 days of the mailing of the demand by registered or certified mail. At the expiry of that time it bears interest at the rate determined under section 50 of the Act respecting municipal debts and loans (chapter D-7).

1979, c. 83, s. 2; 1988, c. 84, s. 705; 1996, c. 2, s. 455.

616. Every municipality must pay its contribution:

 (1) out of its general funds not otherwise allocated;

 (2) where the object of the agreement concerns only part of the territory of the municipality, by imposing a special tax in accordance with article 979; or

 (3) by contracting a loan.

1979, c. 83, s. 2; 1996, c. 2, s. 308; 1998, c. 31, s. 45.

617. When the agreement is terminated, the management board can no longer undertake any work. It must, however, continue to administer its day to day business until it is dissolved by the Minister of Municipal Affairs, Regions and Land Occupancy.

1979, c. 83, s. 2; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

617.1. Subject to the regulation of the Government made under paragraph 8.2 of section 262 of the Act respecting municipal taxation (chapter F-2.1), the management board may, by by-law, provide that all or part of its property, services or activities shall be financed by means of a tariff involving a fixed amount, exigible on an ad hoc basis, in the form of a subscription or under terms similar to those of a subscription for the use of a property or service or in respect of a benefit derived from an activity.

Sections 244.3 to 244.6 and the first paragraph of section 244.8 of the Act respecting municipal taxation apply, with the necessary modifications, to the tariff referred to in the first paragraph.

2000, c. 19, s. 8.

618. If, within three months after the agreement is terminated, the municipalities that were parties thereto do not renew it or adopt a new agreement to provide for the maintaining of the management board, the latter must, within three months after the expiry of that time, apply for its dissolution to the Minister of Municipal Affairs, Regions and Land Occupancy. Notice of the application must be published in the Gazette officielle du Québec not less than 30 days before being presented to the Minister.

The dissolution is declared by an order of the Minister, and he apportions the assets and liabilities of the management board.

However, if an interested person shows that, for exceptional reasons, the interest of the taxpayers would be better served if the management board were continued, the Minister may order it continued and the agreement prolonged for a period not exceeding that of the original agreement.

Notice of the dissolution or continuance of the management board is published by the Minister in the Gazette officielle du Québec.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

619. The management board is a municipality within the meaning of the articles of the Civil Code respecting investments presumed sound.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

620. Sections 29.3, 29.5 to 29.9.2, 71 to 72.2, 73.1, 73.2, 99, 105, the first paragraph of article 105.1, articles 105.2 and 108 to 108.6, paragraphs 8 and 10 of section 464, sections 473, 477 to 477.2, 477.4 to 477.6, 544.1, 554, 555 and 564, subsection 2 of section 567, sections 573 to 573.3.4 and 604.6 to 604.13 of the Cities and Towns Act (chapter C-19), sections 22, 23, 38 to 47 and 100 of the Act respecting the Commission municipale (chapter C-35), section 22 of the Municipal Powers Act (chapter C-47.1) and sections 1, 2, 4 to 8, 12 to 44 and 50 of the Act respecting municipal debts and loans (chapter D-7), with the necessary modifications, apply to the management board.

For the purposes of section 105.2 of the Cities and Towns Act, the reports must be sent not later than 15 April. They must also be sent to each municipality in whose territory the board has jurisdiction.

For the purposes of the second paragraph of section 477.6 of the Cities and Towns Act, if the board does not have a website, the statement and the hyperlink must be posted on another website the board determines; the board shall give public notice of the address of that website at least once a year; the notice must be published in a newspaper in the territory of each municipality in whose territory the board has jurisdiction.

1979, c. 83, s. 2; 1982, c. 63, s. 38; 1983, c. 57, s. 20; 1984, c. 38, s. 65; 1985, c. 27, s. 53; 1986, c. 32, s. 6; 1988, c. 84, s. 705; 1992, c. 27, s. 45; 1996, c. 27, s. 72; 1996, c. 77, s. 29; 1997, c. 53, s. 14; 1999, c. 43, s. 13; 1999, c. 59, s. 12; 2000, c. 54, s. 11; 2001, c. 25, s. 48; 2001, c. 68, s. 32; 2002, c. 37, s. 100; 2003, c. 19, s. 141, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 207; 2006, c. 31, s. 35; 2008, c. 18, s. 47; 2009, c. 26, s. 109; 2010, c. 1, s. 18; 2010, c. 18, s. 41; 2012, c. 11, s. 26.

620.1. Notwithstanding article 620, in the case of a management board contemplated in article 535.6 or 538, section 473 of the Cities and Towns Act (chapter C-19) applies, adapted as required, but

 (1) once the program of capital expenditures is adopted, it must be approved by each municipality in the territory of which the management board has jurisdiction;

 (2) a certified true copy of the program and of each resolution approving it pursuant to paragraph 1 must be transmitted by the clerk or the secretary-treasurer to the Minister of Transport not later than 31 October preceding the beginning of the first fiscal year contemplated in the program.

1985, c. 27, s. 54; 1988, c. 76, s. 3; 1996, c. 2, s. 455; 1996, c. 27, s. 73.

621. A management board and a municipality may enter into an agreement under which one provides services to the other or the management board is delegated jurisdiction by the municipality. Articles 569 to 578, 622 and 623, adapted as required, apply to the agreement.

The agreement is valid only for the unexpired period of the agreement under which the management board was established.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1997, c. 93, s. 79.

621.1. Management boards may enter into an agreement under which one management board provides services to the order or delegates part of its jurisdiction to the other, provided that the management board delegating jurisdiction is authorized to do so. That authorization must be set out in the agreement under which the management board was established, or be granted by all the municipalities that are parties to the agreement.

An agreement under the first paragraph is valid only for the shortest of the unexpired periods of the agreements under which the management boards were established.

Articles 569 to 578, 622 and 623, adapted as required, apply to any agreement entered into under the first paragraph.

1997, c. 93, s. 80.

§ 3. —  Miscellaneous provisions

622. Where municipalities are in disagreement as to the implementation of the agreement signed by them, one of them may apply to the Minister of Municipal Affairs, Regions and Land Occupancy to have him designate a conciliator to assist them in achieving an agreement.

Notice of that application must be given to the other party and the intermunicipal management board, if any.

Upon receiving the application, the Minister appoints a conciliator.

The conciliator must make a report of his conciliation to the Minister within the time prescribed by him.

1979, c. 83, s. 2; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

623. Where the conciliator fails to bring the municipalities to an agreement, the Commission municipale du Québec, at the request of one of them, notice of which is given to the other party and to the intermunicipal management board, if any, may render the arbitration award it considers equitable after hearing the municipalities concerned and the management board and examining the report of the conciliator remitted to it by the Minister. The provisions of the Code of Civil Procedure (chapter C-25) respecting the homologation of arbitration awards apply, adapted as required, to the arbitration award of the Commission.

1979, c. 83, s. 2; 1986, c. 73, s. 4; 1996, c. 2, s. 455; 1997, c. 43, s. 181.

624. The parties to an agreement contemplated by this Section may provide therein that any other municipality may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Such conditions are effective notwithstanding any inconsistent provision of any general or special Act.

A municipality, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

A municipality which joins an agreement must transmit, for approval, a copy of the resolution and, where such is the case, a statement of the conditions not determined in the agreement, to any minister or any body that must approve the agreement.

Not less than 30 days before sending the documents provided for in the fourth paragraph, the municipality must send the same documents to each party to the agreement.

The municipality becomes a party to the agreement once the resolution and, where such is the case, the conditions of joining not determined in the agreement have received every required approval. The agreement is then considered amended accordingly and the Minister of Municipal Affairs, Regions and Land Occupancy may, if necessary, amend the order establishing the management board which he issued in accordance with article 580.

1982, c. 63, s. 39; 1994, c. 33, s. 36; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

SECTION XXVI  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

625. (Repealed).

1974, c. 81, s. 8; 1979, c. 83, s. 3; 1982, c. 63, s. 40; 1995, c. 34, s. 39; 1996, c. 2, s. 309; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

SECTION XXVI.1  Repealed, 2005, c. 6, s. 214.
1996, c. 77, s. 30; 2005, c. 6, s. 214.

625.1. (Repealed).

1996, c. 77, s. 30; 2005, c. 6, s. 214.

SECTION XXVI.2  Repealed, 2005, c. 6, s. 214.
1998, c. 31, s. 46; 2005, c. 6, s. 214.

625.2. (Repealed).

1998, c. 31, s. 46; 2005, c. 6, s. 214.

SECTION XXVII 
TWINNING OF MUNICIPALITIES
1996, c. 2, s. 455.

626. Every local municipality may make, amend or repeal by-laws to authorize the making of agreements, on the conditions that it determines, in view of twinning the municipality with another municipality whose territory is situated in Québec or elsewhere.

1983, c. 57, s. 21; 1996, c. 2, s. 310.

SECTION XXVIII  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

627. (Repealed).

M.C. 1916, a. 413; 1921, c. 48, s. 27; 1929, c. 91, s. 1; 1929, c. 92, s. 1; 1946, c. 55, s. 8; 1947, c. 77, s. 18; 1948, c. 49, s. 3; 1969, c. 21, s. 35; 1974, c. 81, s. 9; 1979, c. 36, s. 37; 1984, c. 47, s. 213; 1986, c. 95, s. 87; 1987, c. 57, s. 760; 1992, c. 21, s. 375; 1996, c. 2, s. 311; 1999, c. 40, s. 60; 2002, c. 37, s. 101; 2005, c. 6, s. 214.

627.1. (Repealed).

1996, c. 27, s. 74; 1999, c. 43, s. 13; 2000, c. 56, s. 223; 2003, c. 19, s. 250; 2004, c. 20, s. 112; 2005, c. 6, s. 214.

627.1.1. (Repealed).

1998, c. 31, s. 47; 1999, c. 40, s. 60; 2001, c. 6, s. 139; 2000, c. 56, s. 223; 2005, c. 6, s. 214.

627.1.2. (Repealed).

1998, c. 31, s. 47; 2005, c. 6, s. 214.

627.1.3. (Repealed).

1998, c. 31, s. 47; 2005, c. 6, s. 214.

627.2. (Repealed).

1997, c. 53, s. 15; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 48; 2000, c. 56, s. 223; 2003, c. 29, s. 145; 2005, c. 6, s. 214.

627.3. (Repealed).

1997, c. 53, s. 15; 1997, c. 93, s. 81; 1997, c. 91, s. 50; 1998, c. 31, s. 49; 2002, c. 77, s. 43; 2005, c. 6, s. 214.

SECTION XXIX  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

628. (Repealed).

M.C. 1916, a. 414; 1996, c. 2, s. 312; 2005, c. 6, s. 214.

629. (Repealed).

1928, c. 94, s. 15; 1982, c. 2, s. 17; 1982, c. 63, s. 41; 1986, c. 95, s. 88.

CHAPTER III 
OTHER BY-LAWS WITHIN THE JURISDICTION OF LOCAL MUNICIPALITIES
1996, c. 2, s. 455.

SECTION I  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

630. (Repealed).

M.C. 1916, a. 416; 1982, c. 2, s. 20; 1982, c. 63, s. 44; 1982, c. 64, s. 3; 1996, c. 2, s. 313; 1999, c. 40, s. 60; 2005, c. 6, s. 214.

SECTION II  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

631. (Repealed).

M.C. 1916, a. 417; 1982, c. 2, s. 21; 1982, c. 63, s. 45; 1996, c. 2, s. 314; 2005, c. 6, s. 214.

631.1. (Repealed).

1985, c. 27, s. 55; 1996, c. 2, s. 315; 2005, c. 6, s. 214.

SECTION III  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

632. (Repealed).

M.C. 1916, a. 418; 1982, c. 2, s. 22; 1982, c. 63, s. 46; 1996, c. 2, s. 455; 2005, c. 6, s. 214.

SECTION IV  Repealed, 2005, c. 6, s. 214.
2005, c. 6, s. 214.

633. (Repealed).

M.C. 1916, a. 419; 1982, c. 2, s. 23; 1982, c. 63, s. 47; 1984, c. 47, s. 213; 1996, c. 2, s. 316; 2005, c. 6, s. 214.

SECTION V 
COMMERCIAL DEVELOPMENT CORPORATIONS
1997, c. 53, s. 16.

634. A local municipality may make, amend or repeal by-laws to define the limits of a commercial zone within which a single commercial district may be formed, comprising at least 50 places of business and more than 50% of the places of business in that zone, and to provide for the establishment of an initiatives and development association having jurisdiction in that district.

For the purposes of this section, a place of business and the ratepayer who operates or occupies it are a taxable business establishment and its occupant, respectively, within the meaning of the Act respecting municipal taxation (chapter F-2.1).

M.C. 1916, a. 420; 1968, c. 17, s. 95; 1982, c. 65, s. 1; 1993, c. 3, s. 107; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

635. Such an association may promote the economic development of the district, establish joint services for its members and their customers, operate a business in the district, erect and manage a parking garage or parking lot and carry out work on public property or private property with the consent of the owner.

1963 (1st sess.), c. 65, s. 7; 1968, c. 17, s. 96; 1969, c. 82, s. 10; 1982, c. 65, s. 1.

636. Ratepayers having a place of business in the district may apply to the council of the municipality to form an association.

The application must be signed by a minimum number of such ratepayers. There must be

 (1) 10 signatures, if there are fewer than 100 such ratepayers;

 (2) 20 signatures, if there are 100 or more but fewer than 250 such ratepayers;

 (3) 30 signatures, if there are 250 or more but fewer than 500 such ratepayers; and

 (4) 40 signatures, if there are 500 or more such ratepayers.

The application must conform to the by-law passed under article 652 and contain the following information:

 (a) the names of the applicants;

 (b) the addresses of their places of business;

 (c) the limits of the commercial district, using street names wherever possible;

 (d) the proposed name of the association;

 (e) the proposed address of its head office.

The application must be accompanied with a list of the names and addresses of the ratepayers having a place of business in the district, and with a sketch of the commercial district.

1982, c. 65, s. 1; 1996, c. 2, s. 455; 2006, c. 60, s. 34.

637. Within 45 days of receipt of the application, the council shall order the secretary-treasurer to send a notice by registered or certified mail to every ratepayer having a place of business in the district, or cause it to be served on him, informing him that a register will be open to receive the signatures of the ratepayers who oppose the formation of the association.

1982, c. 65, s. 1.

638. The notice must state:

 (a) the object of the application;

 (b) the right of the ratepayers having a place of business in the district to request, by signing the register, that a poll be held on the application;

 (c) the number of persons required for the holding of a poll, and the fact that if that number is not attained, the application will be deemed to be approved by those persons;

 (d) the fact that if the application is approved, the council may, by resolution, authorize the establishment of the association, that every ratepayer having a place of business in the district will be a member of the association, and that the association may levy an assessment from its members;

 (e) the place, dates and hours for signing the register.

1982, c. 65, s. 1.

639. The secretary-treasurer shall attach to the notice a copy of the application and of the documents accompanying it, the names and addresses of the ratepayers to whom the notice has been sent or on whom it has been served, and the text of this Section and of every pertinent by-law.

1982, c. 65, s. 1.

640. Subject to this section, Chapters IV and VI of Title II of the Act respecting elections and referendums in municipalities (chapter E-2.2), adapted as required, apply to the registration and the poll.

1982, c. 65, s. 1; 1987, c. 57, s. 761.

641. The place where the register is to be open must be situated in the district or at a distance of not over 2 kilometres from the perimeter of the district.

1982, c. 65, s. 1.

642. In no case may the register be open before the expiry of 15 days from the sending of the notice.

1982, c. 65, s. 1.

643. A ratepayer who has not received the notice from the secretary-treasurer may sign the register if he proves that he has a place of business in the district. The procedure of registering signatures is not invalidated merely because a ratepayer having a place of business in the district did not receive the notice.

1982, c. 65, s. 1.

644. Not more than one signature may be registered for each place of business.

1982, c. 65, s. 1.

645. If a poll is to be held, the secretary-treasurer shall, at least 15 days before the appointed day, send a notice by registered or certified mail to every ratepayer having a place of business in the district, or cause it to be served on him, informing him that a poll will be held within 90 days from the filing of the application.

1982, c. 65, s. 1.

646. If more than 50% of the ratepayers who have voted have indicated that they are in favour, the council may, by resolution, authorize the establishment of the association; otherwise, the application is denied and no new application may be filed before a period of 24 months has expired.

1982, c. 65, s. 1; 2006, c. 31, s. 36; 2006, c. 60, s. 35.

647. The resolution authorizing the establishment of the association shall indicate the name of the association and the limits of the commercial district in which it is to have jurisdiction.

The name of an association must be in conformity with section 9.1 of the Companies Act (chapter C-38).

1982, c. 65, s. 1; 1993, c. 48, s. 217; 1999, c. 40, s. 60.

648. The head office of the association must be situated in the territory of the municipality.

1982, c. 65, s. 1; 1996, c. 2, s. 456.

649. The secretary-treasurer shall transmit to the enterprise registrar three certified true copies of the resolution authorizing the establishment of the association. Subject to the second paragraph, the enterprise registrar shall, on receiving the three copies of the resolution:

 (1) deposit one copy in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1);

 (2) transmit to the secretary-treasurer and to the association or its authorized representative a copy of the resolution;

 (3) (paragraph repealed).

The enterprise registrar shall refuse to deposit in the register a resolution containing a name not in conformity with any of paragraphs 1 to 6 of section 9.1 of the Companies Act (chapter C-38).

1982, c. 65, s. 1, s. 3; 1993, c. 48, s. 218; 1999, c. 40, s. 60; 2002, c. 45, s. 273; 2010, c. 7, s. 282.

650. From the date of deposit, the association is a legal person.

1982, c. 65, s. 1; 1993, c. 48, s. 219; 1999, c. 40, s. 60.

650.1. Subject to article 650.2, articles 636 to 646, adapted as follows and as otherwise necessary, apply to a petition for dissolution:

 (1) the register is to be open to receive signatures from persons who are in favour of dissolution of the association;

 (2) the petition is deemed to be disapproved if the number of persons required for the holding of a poll is not attained.

1997, c. 93, s. 82.

650.2. If the petition for dissolution is approved, the secretary-treasurer must send it to the board of directors of the association together with a certificate to the effect that the petition has been approved in accordance with the law.

The board of directors must, in accordance with the Companies Act (chapter C-38), file with the enterprise registrar an application for dissolution of the association.

1997, c. 93, s. 82; 2002, c. 45, s. 273.

651. To the extent that it is applicable, Part III of the Companies Act (chapter C-38) governs the association, particularly the provisions relating to dissolution, subject to this Section and the by-law approved by the enterprise registrar.

However, section 103, except subsection 3, and sections 113, 114 and 123 of Part I of the said Act apply, with the necessary modifications, subject to this Section and the by-law approved by the enterprise registrar.

The remedy provided for in section 123.27.1 of Part IA of the said Act, adapted as required, may be exercised in respect of the name of an association, subject to this Section and the by-law approved by the enterprise registrar.

1982, c. 65, s. 1, s. 3; 1993, c. 48, s. 220; 2002, c. 45, s. 273.

652. The council may, by by-law, adopt provisions respecting the formalities of application to form an association, its composition, the responsibilities of the general meeting of members and of the board of directors, respectively, and any matter related to its organization, operation and dissolution.

Any by-law passed under the first paragraph must be approved by the enterprise registrar.

1982, c. 65, s. 1, s. 3; 1997, c. 93, s. 83; 2002, c. 45, s. 273.

653. The council shall regulate any other matter relating to the association, in particular, the terms and conditions respecting the establishment, collection and repayment of assessments and the transitional rules applicable where the territory of the association is modified. It shall do so by by-law.

It shall also approve the internal management by-laws of the association.

1982, c. 65, s. 1; 1993, c. 3, s. 109.

654. Within 15 days following the date of the organization meeting, the association shall transmit a notice of the address of its head office and a list of its directors to the enterprise registrar to be deposited by him in the register.

1982, c. 65, s. 1, s. 3; 1993, c. 48, s. 221; 2002, c. 45, s. 273.

655. All the ratepayers having a place of business in the district are members of the association and, subject to article 656, have the right to vote at its meetings; they are entitled to one vote for each place of business.

1982, c. 65, s. 1.

656. Where all or part of an assessment becomes exigible, only the members who have paid their assessment may be elected to the board of directors and exercise their right to vote.

1982, c. 65, s. 1.

657. The board of directors is composed of nine persons. Six persons are elected by the general meeting from among the members of the association; one person is designated by the municipal council from among its members or from among the officers or employees of the municipality; and two persons are designated by the elected members of the board of directors.

1982, c. 65, s. 1; 1996, c. 2, s. 455; 1997, c. 93, s. 84; 2006, c. 60, s. 36.

658. At a general meeting specially convened for that purpose or at the annual general meeting, as the board of directors decides, the association shall adopt its budget which may include any project involving capital expenditures.

1982, c. 65, s. 1; 1993, c. 3, s. 110; 2006, c. 60, s. 37.

658.1. Every loan of the association whose object is the financing of a project involving capital expenditures must be authorized by the council.

1993, c. 3, s. 110.

659. The municipality may stand surety for the association as regards the repayment of a loan of the association.

The second and third paragraphs of article 9 apply in respect of such a surety.

1982, c. 65, s. 1; 1996, c. 27, s. 75.

660. On receiving the budget, the council may approve it after ascertaining that all the formalities for its adoption have been complied with and may order by by-law an assessment for which it shall determine the mode of computation and the number of payments.

1982, c. 65, s. 1; 1993, c. 3, s. 111.

661. The rules governing the computation of the assessments of the members, the payments and the dates they become due are established by by-law. The rules may provide a minimum or maximum limit to the amount or share of the assessments that the members may be required to pay.

1982, c. 65, s. 1; 1993, c. 3, s. 112.

662. The assessments are ordered on the ratepayers having a place of business on the first day of the fiscal period for which the budget is deposited.

1982, c. 65. s. 1.

663. A ratepayer who begins to occupy a place of business in the district of an association during a fiscal period becomes a member and, in the case of an existing place of business, succeeds to the rights and obligations of the preceding occupant, who then ceases to be a member.

1982, c. 65, s. 1.

664. (Repealed).

1982, c. 65, s. 1; 1993, c. 3, s. 114.

665. An assessment ordered under this Section is deemed a special business tax for the purposes of its collection and the secretary-treasurer has all the powers vested in him in that respect by this Code and the Act respecting municipal taxation (chapter F-2.1). The assessments collected, minus collection costs, and the list of the members who have paid them are remitted to the association.

1982, c. 65, s. 1; 1993, c. 3, s. 115.

666. On the application of the board of directors of an association, the council may, by resolution, change the limits of the district of the association.

1982, c. 65, s. 1.

667. Every application under article 666 must, before being filed with the council, be approved by the members of the association at a general meeting specially convened for that purpose.

1982, c. 65, s. 1; 1993, c. 3, s. 116.

668. Every application under article 666 for the enlargement of the district of the association must, after it is received, be submitted for consultation to the ratepayers operating a place of business in the territory affected by the proposed addition.

Articles 637 to 646, adapted as required, apply for the purposes of such consultation.

1982, c. 65, s. 1; 1993, c. 3, s. 116.

669. (Replaced).

1982, c. 65. s. 1; 1993, c. 3, s. 116.

670. No application to change the limits of a district is receivable if the change results in reducing the number of members of the association to fewer than 50.

1982, c. 65, s. 1.

671. The council resolution granting the application of an association extends or limits the jurisdiction of the association to the district thus changed.

1982, c. 65, s. 1.

672. An association may, according to the modalities and on the conditions established in its by-laws, for the voluntary membership of persons having a place of business outside the district or occupying an immovable, other than a place of business, situated in or outside the district.

1982, c. 65, s. 1; 1993, c. 3, s. 117.

673. The resolution changing the limits of the district of the association must be transmitted to the enterprise registrar in three certified true copies. On receiving the copies of the resolution, the enterprise registrar shall observe the procedures prescribed in article 649, with the necessary modifications.

1982, c. 65, s. 1, s. 3; 2002, c. 45, s. 273.

674. The change takes effect from the date of deposit of the resolution.

1982, c. 65, s. 1; 1993, c. 48, s. 222.

675. The council may, by by-law, on the conditions it determines, make grants to the associations that, in each case, may be in an amount equivalent to that part of the revenues of the association estimated in its budget as derived from members' assessments or an amount not greater than the maximum amount established by the by-law.

1982, c. 65, s. 1.

676. If a special general meeting is called at the request of the members to deal with a particular subject, no second meeting may be held to deal with the same subject within the same fiscal period, except with the consent of the board of directors.

1982, c. 65, s. 1.

677. The provisions of this section applicable to a ratepayer operating or occupying a place of business apply to every mandatary of the State who is such a ratepayer.

1982, c. 65, s. 1; 1993, c. 3, s. 118; 1999, c. 40, s. 60.

CHAPTER IV 
CERTAIN BY-LAWS AND RESOLUTIONS THAT MAY BE MADE BY REGIONAL COUNTY MUNICIPALITIES
1996, c. 2, s. 317; 1996, c. 27, s. 76.

678. A regional county municipality may adopt by-laws or resolutions on each of the matters mentioned in articles 491, 492, 520, 569 to 624 and 626.

M.C. 1916, a. 422; 1952-53, c. 23, s. 4; 1985, c. 27, s. 56; 1987, c. 102, s. 43; 1996, c. 2, s. 318; 1996, c. 27, s. 77; 1996, c. 77, s. 31; 1998, c. 31, s. 50; 1999, c. 75, s. 37; 2000, c. 22, s. 60; 2000, c. 34, s. 261; 2005, c. 6, s. 208.

678.0.1. A regional county municipality may affirm its jurisdiction in respect of the local municipalities whose territory is included in its territory with respect to all or part of a field within their jurisdiction.

The resolution by which a regional county municipality affirms its jurisdiction with respect to the providing of a police service in whole or in part, must, in order to take effect, be approved by the Minister of Public Security.

1987, c. 102, s. 44; 1991, c. 32, s. 170; 1993, c. 65, s. 97; 1996, c. 2, s. 319; 1997, c. 93, s. 85; 1998, c. 31, s. 51.

678.0.2. The second and third paragraphs of article 10 and articles 10.1 to 10.3 apply, with the necessary modifications, in particular the following modifications:

 (1) the resolution provided for in the second paragraph of article 10 must also set out the administrative and financial terms and conditions relating to the application of articles 10.1 and 10.2;

 (2) the administrative and financial terms and conditions relating to the application of articles 10.1 and 10.2 must be set out in the resolution by which the regional county municipality affirms its jurisdiction, and the resolution may, in addition to what is expressly mentioned in article 10.3, specify the time limit within which a local municipality subject to its jurisdiction may avail itself of article 10.1.

Where the administrative and financial terms and conditions set out in the resolution referred to in subparagraph 2 of the first paragraph are not consistent with those prescribed in the by-law adopted under article 10.3, the former shall prevail.

The clerk or secretary-treasurer of any local municipality which adopts a resolution, under article 10.1 or 10.2, in order to become subject to or cease to be subject to the jurisdiction of the regional county municipality with respect to the providing of a police service in whole or in part, must transmit an authenticated copy of the resolution to the Minister of Public Security.

1987, c. 102, s. 44; 1991, c. 32, s. 171; 2002, c. 68, s. 14.

678.0.2.1. A regional county municipality may, by by-law, affirm its jurisdiction in respect of one or more local municipalities whose territories are situated within its territory, with respect to all or part of the management of social housing, residual materials management, the local road system or shared passenger transportation.

2002, c. 2, s. 19; 2002, c. 68, s. 15.

678.0.2.2. A regional county municipality shall, if it wishes to affirm its jurisdiction under article 678.0.2.1, adopt a resolution announcing its intention to do so. The resolution must mention in particular the local municipalities in respect of which the regional county municipality wishes to affirm its jurisdiction and the matter or part of a matter with respect to which the regional county municipality would acquire jurisdiction. An authenticated copy of the resolution must be transmitted by registered mail to each of the local municipalities whose territory is situated in the territory of the regional county municipality.

2002, c. 68, s. 15.

678.0.2.3. The clerk or secretary-treasurer of the local municipality in respect of which the regional county municipality wishes to affirm its jurisdiction shall, in a document transmitted by the clerk or secretary-treasurer to the regional county municipality, identify any officer or employee all of whose working time is devoted exclusively to all or part of the matter with respect to which the regional county municipality has announced, in the resolution provided for in article 678.0.2.2, its intention to affirm its jurisdiction, and whose services will no longer be required because the local municipality has lost its jurisdiction with respect to that matter.

Besides identifying any officer or employee concerned, the document referred to in the first paragraph must specify the nature of the officer's or employee's employment relationship with the municipality, the conditions of employment of the officer or employee and, where applicable, the date on which the officer's or employee's employment relationship with the municipality would normally have ended. Where the employment relationship results from a written contract of employment, an authenticated copy of the contract must accompany the document.

The clerk or secretary-treasurer shall also, in the document referred to in the first paragraph, identify any equipment or material that will become useless because the municipality has lost its jurisdiction.

The document referred to in the first paragraph must be transmitted to the regional county municipality not later than 60 days following service of the resolution provided for in section 678.0.2.2.

2002, c. 68, s. 15.

678.0.2.4. Where the document referred to in the first paragraph of article 678.0.2.3 identifies equipment or material, the regional county municipality shall, not later than 60 days following the transmission of the document, enter into an agreement with the local municipality establishing, in the case of the acquisition of jurisdiction by the regional county municipality, the conditions for the transfer to the latter of the equipment or material identified in the document.

Failing an agreement within the time limit determined in the first paragraph, the regional county municipality may, not later than 15 days following the expiry of the time limit, request that the Commission municipale du Québec establish the conditions mentioned in that paragraph. The decision of the Commission applies, in the case of the acquisition of jurisdiction by the regional county municipality, as if the municipalities had entered into an agreement under the first paragraph.

2002, c. 68, s. 15.

678.0.2.5. From the service of the resolution provided for in article 678.0.2.2 to the tenth day following the expiry of the time limit determined in any of paragraphs 1 to 3 of article 678.0.2.7, a local municipality may not, without the authorization of the regional county municipality, increase expenditures relating to the remuneration and employee benefits of any officer or employee all of whose working time is devoted exclusively to a matter mentioned in the resolution, or hire such an officer or employee, unless the increase or hiring results from the application of a clause of a collective agreement or a contract of employment in force on the date on which the resolution is served. Nor may a local municipality make an expenditure relating to equipment or material that has been or may be identified in the document referred to in the first paragraph of article 678.0.2.3 without such an authorization.

2002, c. 68, s. 15.

678.0.2.6. No officer or employee of a local municipality may be dismissed solely as a result of the loss of jurisdiction of the municipality following the coming into force of a by-law adopted under article 678.0.2.1.

From the tenth day following the coming into force of such a by-law, every officer or employee identified in the document referred to in the first paragraph of article 678.0.2.3 shall become, without salary reduction, an officer or employee of the regional county municipality and shall retain his or her seniority and employee benefits.

An officer or employee dismissed by a local municipality who is not identified in a document referred to in the first paragraph of article 678.0.2.3 may, if the officer or employee believes that the document should provide that identification, file a complaint in writing within 30 days of being dismissed with the Commission des relations du travail requesting it to make an inquiry and dispose of the complaint. The provisions of the Labour Code (chapter C-27) relating to the Commission, its commissioners, their decisions and the exercise of their jurisdictions apply, with the necessary modifications.

2002, c. 68, s. 15.

678.0.2.7. The regional county municipality may adopt and put into force the by-law provided for in article 678.0.2.1

 (1) between the ninetieth and the one hundred and eightieth day following service of the resolution provided for in article 678.0.2.2, where no equipment or material is identified in the document referred to in the first paragraph of article 678.0.2.3;

 (2) between the day on which it entered into the agreement provided for in the first paragraph of article 678.0.2.4 and the two hundred and tenth day following service of the resolution provided for in article 678.0.2.2;

 (3)  between the day on which the Commission municipale du Québec rendered its decision following a request under the second paragraph of article 678.0.2.4 and the sixtieth day thereafter.

2002, c. 68, s. 15.

678.0.2.8. As soon as practicable after the coming into force of a by-law adopted under article 678.0.2.1, the secretary-treasurer of the regional county municipality shall transmit an authenticated copy of the by-law

 (1) where the matter concerned is the management of social housing, to the Société d'habitation du Québec and to every municipal housing bureau constituted on the application of a local municipality in respect of which the regional county municipality has affirmed its jurisdiction;

 (2) where the matter concerned is the local road system or shared passenger transportation, to the Minister of Transport.

2002, c. 68, s. 15.

678.0.2.9. A local municipality in respect of which a regional county municipality has affirmed its jurisdiction under article 678.0.2.1 may not exercise the right of withdrawal granted by the third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1).

Only the representative of such a municipality may participate in the deliberations and vote of the council of the regional county municipality as regards the exercise of the acquired jurisdiction.

2002, c. 68, s. 15.

678.0.3. A regional county municipality which exercises a jurisdiction pursuant to article 678.0.1 or 678.0.2.1 shall have, for that purpose, all the powers of every municipality in respect of which it has affirmed its jurisdiction, except that of imposing taxes. The powers of the regional county municipality shall then exclude the exercise of that jurisdiction from the powers of such municipality. In that case, the regional county municipality shall be substituted in the rights and obligations of such municipality.

The by-laws, resolutions, collection rolls and other instruments of the municipality for which the regional county municipality is substituted, which are relevant to the jurisdiction exercised by the latter under article 678.0.1 or 678.0.2.1, remain in force until they are replaced or repealed.

Article 616 applies to the contribution of the municipality in respect of a jurisdiction exercised under article 678.0.1 or 678.0.2.1.

1987, c. 102, s. 44; 1996, c. 2, s. 320; 1998, c. 31, s. 52; 2002, c. 68, s. 16; 2005, c. 6, s. 209.

678.0.4. Where a municipality adopts a resolution pursuant to article 10.1 and article 678.0.2 after the regional county municipality has begun to exercise a jurisdiction under article 678.0.1, article 678.0.3 ceases to apply from the sending of the resolution by registered mail to the regional county municipality. The instruments of the regional county municipality which are relevant to that jurisdiction and applicable in the territory of the municipality or, as the case may be, applicable to the municipality or to persons in whose respect it exercises jurisdiction, remain in force until they are replaced or repealed.

1987, c. 102, s. 44; 1996, c. 2, s. 455; 1998, c. 31, s. 53.

678.0.5. (Repealed).

2001, c. 25, s. 49; 2001, c. 68, s. 33; 2002, c. 68, s. 17.

678.0.6. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.0.7. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.0.8. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.0.9. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.0.10. (Repealed).

2001, c. 25, s. 49; 2002, c. 68, s. 17.

678.1. Notwithstanding sections 188 and 205 of the Act respecting land use planning and development (chapter A-19.1), where the council of a regional county municipality authorizes the making of an agreement in view of a twinning of municipalities, any municipality, whether or not governed by this Code, whose representative or the majority of whose representatives, as the case may be, does not give a favourable vote for the making of the agreement shall not share the expenses related to the twinning contemplated in the agreement and its representative is not authorized to take part in the deliberations and subsequent votes on the twinning.

The apportionment of the expenses related to the twinning is made in proportion to the standardized property value, within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F-2.1), of each municipality which, subject to the first paragraph, shares the expenses. The council of the regional county municipality may, however, determine by by-law another criterion of apportionment.

1985, c. 27, s. 57; 1986, c. 32, s. 7; 1991, c. 32, s. 172; 1993, c. 65, s. 98; 1997, c. 93, s. 86; 1999, c. 40, s. 60.

678.2. Every regional county municipality may make an agreement with Hydro-Québec under which the regional county municipality is entrusted with the management of any land designated in the agreement.

The agreement may contain any condition relating to its application. It may in particular provide that the regional county municipality may, subject to any act or contract concerning the land and any applicable Act or regulation, lease the land as lessor or entrust its operation to a third person and develop the land for purposes within the regional county municipality's jurisdiction.

2001, c. 68, s. 34.

679. (Repealed).

1979, c. 36, s. 39; 1994, c. 33, s. 37; 1996, c. 2, s. 321.

680. (Repealed).

1982, c. 63, s. 48; 1994, c. 33, s. 38; 1996, c. 2, s. 321.

681. (Repealed).

M.C. 1916, a. 423; 1922 (2nd sess.), c. 84, s. 2; 1930, c. 106, s. 1; 1931, c. 19, s. 34; 1934, c. 83, s. 8; 1952-53, c. 29, s. 17, s. 20; 1965 (1st sess.), c. 17, s. 2; 1969, c. 21, s. 35; 1973, c. 27, s. 20; 1979, c. 72, s. 278; 1983, c. 57, s. 22; 1983, c. 40, s. 63; 1984, c. 38, s. 66; 1986, c. 32, s. 8; 1988, c. 21, s. 66; 1991, c. 29, s. 5; 1991, c. 32, s. 173; 1996, c. 2, s. 322; 2005, c. 6, s. 214.

681.1. Subject to the fourth paragraph of section 157.1 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01) and the fourth paragraph of section 149 of the Act respecting the Communauté métropolitaine de Québec (chapter C-37.02), any regional county municipality may, by by-law, designate equipment as being of a supralocal nature within the meaning of section 24.5 of the Act respecting the Commission municipale (chapter C-35) and establish the rules applicable to the management of the equipment, the financing of the expenditures related thereto and the sharing of the revenue it generates.

The first paragraph does not apply in respect of equipment that the Communauté métropolitaine de Montréal or the Communauté métropolitaine de Québec has designated as being of metropolitan scope pursuant to section 157.1 of the Act respecting the Communauté métropolitaine de Montréal or section 149 of the Act respecting the Communauté métropolitaine de Québec, as the case may be. Nor does it apply in respect of equipment for which an order made pursuant to section 24.13 of the Act respecting the Commission municipale applies as long as the order has not been repealed.

Every intermunicipal agreement relating to equipment, in force on the date of the coming into force of the by-law of the regional county municipality designating the equipment as being of a supralocal nature, ends on the date determined by the regional county municipality. Where the agreement provided for the constitution of an intermunicipal board, that board shall, not later than three months after that date, apply for its dissolution to the Minister, and section 618 applies, with the necessary modifications, to the application.

The first, second and third paragraphs apply, with the necessary modifications, in respect of an infrastructure, a service or an activity. If the activity is carried on or the service is supplied in relation to an event, it makes no difference whether the event is organized by one of the local municipalities whose territory is situated within the territory of the regional county municipality or by a third person.

A local municipality may not, in respect of a function provided for in the first paragraph, exercise the right of withdrawal provided for in the third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1).

2002, c. 68, s. 18.

681.2. Subject to the fourth paragraph, a regional county municipality may, by by-law, provide that it will finance the sums the local municipalities whose territories are situated in its territory must pay to their municipal housing bureaus under the Act respecting the Société d'habitation du Québec (chapter S-8) for the low-rental housing dwellings referred to in article 1984 of the Civil Code and administered by those bureaus.

As soon as practicable after the coming into force of the by-law, the secretary-treasurer shall send an authenticated copy of the by-law to the Société d'habitation du Québec and to every municipal housing bureau constituted at the request of such a local municipality.

A local municipality may not, with respect to a function provided for in the first paragraph, exercise the right of withdrawal provided for in the third paragraph of section 188 of the Act respecting land use planning and development (chapter A-19.1).

A regional county municipality whose territory is situated entirely in that of the Communauté métropolitaine de Montréal may not exercise the power provided for in the first paragraph. A regional county municipality whose territory is situated only in part in that of the metropolitan community may exercise the power provided for in the first paragraph only to finance the sums that must be paid by the local municipalities whose territories are not situated in that of the metropolitan community. Only the representatives of those municipalities may participate in the deliberations and vote held by the council of the regional county municipality on the exercise of that power and only those municipalities shall contribute to the payment of the expenses resulting from the exercise of that power.

2002, c. 68, s. 18; 2004, c. 20, s. 113.

682. (Repealed).

M.C. 1916, a. 424; 1996, c. 2, s. 323.

683. (Repealed).

M.C. 1916, a. 425; 1931, c. 19, s. 34; 1952-53, c. 29, s. 17, s. 20; 1965 (1st sess.), c. 17, s. 2; 1973, c. 27, s. 20; 1983, c. 40, s. 63; 1988, c. 21, s. 66; 1996, c. 2, s. 323.

684. (Repealed).

M.C. 1916, a. 426; 1996, c. 2, s. 323.

685. (Repealed).

M.C. 1916, a. 427; 1952-53, c. 29, s. 17, s. 20; 1988, c. 21, s. 66; 1996, c. 2, s. 323.

686. (Repealed).

M.C. 1916, a. 428; 1979, c. 36, s. 40; 1980, c. 11, s. 32; 1980, c. 16, s. 63; 1982, c. 63, s. 49; 1984, c. 27, s. 104.

687. (Repealed).

M.C. 1916, a. 429; 1919, c. 86, s. 1; 1925, c. 36, s. 10; 1986, c. 32, s. 9; 1996, c. 2, s. 324.

688. (Repealed).

1972, c. 55, s. 144; 1975, c. 45, s. 26; 1977, c. 5, s. 14; 1983, c. 46, s. 97; 1990, c. 83, s. 252; 1993, c. 3, s. 120; 1997, c. 93, s. 87; 1999, c. 40, s. 60; 1999, c. 59, s. 13; 2002, c. 37, s. 102; 2002, c. 68, s. 19; 2005, c. 6, s. 214.

688.1. (Repealed).

1993, c. 3, s. 120; 2005, c. 6, s. 214.

688.2. (Repealed).

1993, c. 3, s. 120; 2005, c. 6, s. 214.

688.3. (Repealed).

1993, c. 3, s. 120; 2005, c. 6, s. 214.

688.3.1. (Repealed).

2002, c. 37, s. 103; 2005, c. 6, s. 214.

688.3.2. (Repealed).

2002, c. 37, s. 103; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 214.

688.3.3. (Repealed).

2002, c. 37, s. 103; 2005, c. 6, s. 214.

688.4. (Repealed).

1993, c. 3, s. 120; 1996, c. 2, s. 325; 1996, c. 27, s. 78; 2000, c. 56, s. 218; 2005, c. 6, s. 214.

688.5. (Repealed).

1994, c. 33, s. 39; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2004, c. 20, s. 114; 2005, c. 6, s. 214.

688.6. (Repealed).

1994, c. 33, s. 39; 1997, c. 93, s. 88.

688.7. (Repealed).

1995, c. 20, s. 38; 1999, c. 40, s. 60; 2001, c. 6, s. 140; 2005, c. 6, s. 214.

688.8. (Repealed).

1995, c. 20, s. 38; 2005, c. 6, s. 214.

688.9. (Repealed).

1995, c. 20, s. 38; 2005, c. 6, s. 214.

688.10. (Repealed).

1997, c. 53, s. 17; 1997, c. 91, s. 48; 2003, c. 29, s. 146; 2005, c. 6, s. 214.

688.11. (Repealed).

1997, c. 53, s. 17; 1997, c. 93, s. 89; 1997, c. 91, s. 50; 2005, c. 6, s. 214.

688.12. (Repealed).

1997, c. 53, s. 17; 2005, c. 6, s. 214.

TITLE XV 
ANNULMENT OF BY-LAWS, RESOLUTIONS AND OTHER MUNICIPAL PROCEEDINGS

689. Any by-law, procès-verbal, roll, resolution or other ordinance of the municipality or act of municipal officers may be annulled, on the ground of illegality, with costs against the municipality.

M.C. 1916, a. 430; 1949, c. 59, s. 64; 1954-55, c. 50, s. 13; 1965 (1st sess.) c. 17, s. 2; 1979, c. 72, s. 279; 1988, c. 21, s. 66; 1996, c. 2, s. 326.

690. The suit for such annulment is instituted by motion in accordance with the rules of ordinary procedure prescribed by the Code of Civil Procedure (chapter C-25).

Any interested party is competent to take such proceedings.

A deposit of $50, as security for costs, must be made with the clerk of the court with the application; during the pendency of the suit, and upon motion to that effect, the deposit may be increased at the discretion of the court.

M.C. 1916, a. 431; 1965 (1st sess.), c. 80, a. 1; 1987, c. 57, s. 762; 1996, c. 5, s. 73; 2002, c. 7, s. 168.

691. The court may, by its judgment:

 (1) annul such by-law, procès-verbal, roll, resolution or other municipal proceeding, in whole or in part;

 (2) order the service of such judgment at the office of the municipality interested within a time which it must fix;

 (3) cause the same to be published in the manner prescribed for the publication of ordinances of the municipality.

An appeal lies from the judgment to the Court of Appeal.

The appeal must be brought within 30 days after the date of the judgment and be heard by preference over any other appeal, at the first term of the Court following the inscription.

Notwithstanding article 29 of the Code of Civil Procedure (chapter C-25), the interlocutory judgments rendered in a suit to set aside a by-law, minutes, a roll, a resolution or another municipal proceeding under this Code are not subject to appeal; the party may, however, plead such judgments, which may then be reviewed at the same time as the judgment on the suit itself, if the latter judgment is appealed.

The judgment of the Court of Appeal is without appeal.

M.C. 1916, a. 432; 1982, c. 63, s. 50; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2000, c. 19, s. 9.

692. Subject to the Act respecting municipal taxation (chapter F-2.1), the right of recourse granted by article 689 is prescribed by three months from the passing of the act or proceeding attacked for cause of illegality or nullity.

M.C. 1916, a. 433; 1925, c. 88, s. 1; 1954-55, c. 50, s. 14; 1979, c. 72, s. 280.

TITLE XVI 
UNCLAIMED EFFECTS

693. The municipality may cause to be sold at auction, by a bailiff, without judicial formalities and after giving the notices required by the Civil Code, any lost or forgotten movables it holds which have not been claimed within 60 days, any movables it holds which are referred to in article 943 of the Civil Code, and any movables without an owner which it collects in its territory.

Vehicles without a motor or in a ruinous state which are left in public places and not claimed within 10 days are deemed to be abandoned and without an owner.

1979, c. 36, s. 41; 1974, c. 13, s. 36; 1985, c. 27, s. 58; 1992, c. 61, s. 193; 1992, c. 57, s. 487.

TITLE XVII 
REDEMPTION OF CONSTITUTED RENTS

694. Every municipality, on receipt of an application from at least 10 interested persons, calling upon it to redeem the constituted rents affecting lands in the territory of such municipality, must appoint a special superintendent to inquire into all the facts connected with the constituted rents in the territory of the municipality, to report to it, and, if necessary, to draw up a procès-verbal thereof, within such time as it shall specify.

M.C. 1916, a. 434; 1996, c. 2, s. 327; 1999, c. 40, s. 60.

695. The special superintendent, after taking the oath as such, must call, hold and preside over a public meeting of the ratepayers interested, on the day and at the hour and place fixed by him, and whereof he has given public notice.

The special superintendent may, at any time after the public meeting of the said ratepayers, proceed to their domiciles and apply to them for all the information he may require.

M.C. 1916, a. 435.

696. If the superintendent considers it possible for the municipality to procure the necessary moneys at the rate he fixes, to redeem the capital of the constituted rents due by the ratepayers of the municipality on the lands belonging to them in the territory thereof, he draws up a procès-verbal, according to the provisions hereinafter set forth; if he is of a contrary opinion, he must give the reasons for such opinion in his report.

M.C. 1916, a. 436; 1996, c. 2, s. 328.

697. The procès-verbal must state:

 (1) the name of every ratepayer, the capital of whose constituted rents is not redeemed;

 (2) the amount of yearly rent due by such ratepayer, and the description of the lot or lots liable for the payment of such rent;

 (3) the total amount needed for redeeming the capital of the rents due by the ratepayers mentioned in the procès-verbal, and for the payment of the cost of the procès-verbal and of the other proceedings for carrying out the same;

 (4) the name of an attorney, who may be the special superintendent himself, who shall offer to the person entitled thereto, and, if necessary, deposit the capital of the various rents mentioned in the procès-verbal;

 (5) the amount, number and date of payment of the instalments that each ratepayer shall pay every year to the municipality, to pay the interest and sinking fund on the bonds hereinafter mentioned.

None of such instalments imposed on a ratepayer shall exceed the amount of arrears of constituted rents previously paid by such ratepayer;

 (6) the amount and denomination of the municipal bonds which the municipality must issue for the purpose of redeeming the loan contracted under the procès-verbal; the conditions and time for the redemption of such bonds, and the establishment of a sinking fund, which must be at least 1%.

M.C. 1916, a. 437; 1996, c. 2, s. 455; 1999, c. 40, s. 60.

698. The procès-verbal must specify the manner of collecting instalment imposed upon the ratepayers the capital of whose constituted rents is to be redeemed, and the remuneration of the officers appointed to make such collection.

M.C. 1916, a. 438.

699. The council may homologate such procès-verbal with or without amendments, or reject the same, provided public notice has been given by the secretary-treasurer of the municipality, of the place where and the time when such examination is to begin.

While the procès-verbal is under consideration, any member of the council may take part in the deliberations and vote, although interested in the procès-verbal.

M.C. 1916, a. 439; 1996, c. 2, s. 455.

700. Chapters I and II of Title XXVI (articles 1061 à 1090) apply to loans and bond issues under this Title.

M.C. 1916, a. 440.

701. The municipality is legally subrogated in all the rights conferred by law or otherwise upon the seigniors or other proprietors of constituted rents.

M.C. 1916, a. 441; 1992, c. 57, s. 488; 1996, c. 2, s. 455.

702. Every municipality is authorized to issue the necessary municipal bonds for procuring sufficient sums for the redemption of the capital of constituted rents in the territory thereof.

M.C. 1916, a. 442; 1996, c. 2, s. 329.

703. The instalments required for paying the interest and sinking fund of the capital of the bonds, are due only by the ratepayers interested in the redemption, and no tax may be imposed on taxable property which does not benefit by the redemption. Nevertheless, the municipality shall be responsible for the amount of the loan.

M.C. 1916, a. 443; 1996, c. 2, s. 455.

TITLE XVIII 
RETIREMENT PENSION FUNDS

704. A municipality may, by by-law, establish and maintain, on the conditions prescribed by the by-law, a pension plan for the benefit of the officers and employees of the municipality or to participate in such a plan; to make, for that purpose, if need be, any agreement with a life insurance company or a trust company or with a legal person or government issuing life annuities; grant subsidies for the establishment and maintenance of the plan; fix the maximum age of the officers and employees and the contributions which they and the municipality must pay into the plan's pension fund; cause to be assumed by the municipality the contributions required to enable the officers and employees to be credited, for the purposes of the pension plan, with their previous years of service, and borrow the sums required for that purpose by the by-law creating or amending the plan.

A by-law passed under the first paragraph may establish classes of officers or employees and prescribe that the pension plan is restricted to a certain class or that separate plans are established for each class.

1977, c. 53, s. 34; 1986, c. 32, s. 10; 1989, c. 38, s. 270; 1996, c. 2, s. 330; 1999, c. 40, s. 60; 2001, c. 68, s. 35.

705. The council may, at the request of any mandatary body of the municipality or any supramunicipal body within the meaning of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) whose territory comprises that of the municipality, made by way of a resolution approved by the majority of the employees of the said body, include those employees within the scope of a by-law contemplated in article 704. The body concerned shall deduct the employees' contributive shares from their salary or remuneration and shall pay them to the municipality at the same time as its own contributive share. The by-law by which the council integrates the employees of the body concerned must specify the terms and conditions of the integration.

1977, c. 53, s. 34; 1996, c. 27, s. 79.

706. A by-law establishing a pension plan requires only the approval of the majority of the officers and employees referred to in the by-law even if the by-law prescribes a loan. Such approval may, in respect of the officers and employees represented by a certified association, be given by the association. However, no approval is required in the case of an amendment to the by-law for the purpose of enhancing benefits, which enhancement is paid out of a stabilization fund established under the Supplemental Pension Plans Act (chapter R-15.1), or refunding contributions paid into such a fund.

The Supplemental Pension Plans Act applies to a pension plan referred to in this article, except where the plan is referred to in section 2 of that Act. Every by-law to establish or amend a pension plan may have effect retroactively to the first effective date of the pension plan or any amendment to it under the Supplemental Pension Plans Act.

1977, c. 53, s. 34; 1986, c. 32, s. 11; 1987, c. 42, s. 7; 1989, c. 38, s. 271; 2001, c. 68, s. 36; 2013, c. 30, s. 3.

707. The fringe benefits accumulated by an officer or employee who is subsequently employed by another municipality which offers such benefits are transferable at the request of such officer or employee.

The fringe benefits contemplated in the preceding paragraph include the benefits accumulated in a pension plan or fund administered by the employer, by the employer and the employees or by a third person on behalf of the municipal officers and employees; they do not include the benefits provided under a pension plan to which the Supplemental Pension Plans Act applies (chapter R-15.1).

1977, c. 53, s. 34; 1986, c. 32, s. 12; 1989, c. 38, s. 272.

708. A municipality may, by by-law, subscribe on the life of all its officers and employees or on any special class of officers or employees determined in the by-law, insurance policies known as “group insurance” and pay, wholly or in part, the necessary premium out of the general fund of the municipality; pay, wholly or in part, on behalf of its officers and employees, out of the general fund of the municipality the premium necessary for any group insurance scheme relating to medical, surgical or hospital expenses for themselves and their dependants; pay, wholly or in part, out of the general fund of the municipality, for and for the benefit of its officers and employees, the premium necessary for any scheme of group salary insurance by reason of sickness or disability.

The council may, at the request of any mandatary body of the municipality or any supramunicipal body within the meaning of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) whose territory comprises that of the municipality, include the employees of the body within the scope of a by-law contemplated in the first paragraph. The body concerned shall deduct the employees' contributive shares of the cost of the premium from their salary or remuneration and shall pay them to the municipality at the same time as its own contributive share. The by-law by which the council integrates the employees of the body concerned must specify the terms and conditions of the integration.

A municipality may, by by-law, take out liability insurance for the benefit of its officers and employees.

Every by-law adopted under this article may have effect retroactively to the effective date of the insurance policy or the amendment to it, as the case may be.

1977, c. 53, s. 34; 1982, c. 2, s. 24; 1992, c. 27, s. 46; 1996, c. 2, s. 331; 1996, c. 27, s. 80.

709. A municipality may, by by-law, provide for the redemption of the amount of sick days accumulated by its employees and officers.

1977, c. 53, s. 34; 1996, c. 2, s. 332.

710. A regional county municipality and a local municipality whose territory is included in that of the regional county municipality may sign an agreement to enable the regional county municipality, on the conditions mentioned therein, to establish and maintain, in conformity with this Title, a retirement pension fund for the benefit of the officers and employees of the local municipality.

The parties to an agreement contemplated by this article may provide therein that any other local municipality whose territory forms part of that of the regional county municipality may join the agreement.

An agreement which provides that it may be joined must determine, or provide a mechanism for determining, all or part of the conditions of joining. Subject to the Supplemental Pension Plans Act (chapter R-15.1), such conditions are effective notwithstanding any inconsistent provision of any general law or special Act.

A local municipality, by resolution of its council, may join an agreement which provides therefor, on the conditions determined by or pursuant to the agreement.

A municipality which joins an agreement must transmit to each party to the agreement a copy of the resolution and, where applicable, a statement of the conditions of eligibility not determined in the agreement.

The agreement and, if such is the case, the by-law contemplated in article 704, are then deemed amended accordingly.

1979, c. 36, s. 42; 1982, c. 63, s. 51; 1987, c. 42, s. 8; 1989, c. 38, s. 273; 1995, c. 34, s. 40; 1996, c. 2, s. 333; 1996, c. 27, s. 81.

711. The members of the council of a municipality, as long as they remain in office, may, on the same conditions as those applicable to the officers and employees mentioned in article 708, participate in the group insurance and liability insurance taken out by the municipality pursuant to that article. However, the council may exercise the powers provided for in the first and third paragraphs of that article in respect of the members of the council exclusively provided there are officers or employees of the municipality who also benefit from the same type of insurance contract.

The council may, by by-law, authorize any person who was a member of the council of a municipality during any period determined by the by-law and who receives a retirement pension under a plan in which the members of the council of the municipality participated to participate in the group insurance taken out by the municipality. The member shall pay the full amount of the premium.

1980, c. 16, s. 64; 1982, c. 2, s. 25; 1996, c. 2, s. 334; 2003, c. 19, s. 142; 2009, c. 26, s. 28.

711.0.1. A municipality may, by by-law, participate, for the benefit of its officers and employees or the members of the council, in the type of insurance contract referred to in the first or third paragraph of article 708, for which the policyholder is the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM). Such participation may only cover the members of the council if there are officers or employees of the municipality who also benefit from the same type of insurance contract. The by-law establishes the rules governing the proportion of the premium paid by the municipality.

The council may exercise the powers provided for in the second and fourth paragraphs of article 708 and the second paragraph of article 711 in respect of a by-law adopted under this article, with the necessary modifications.

The rules governing the awarding of contracts by a municipality apply to a contract referred to in the first paragraph taken out with an insurer by the Union or the Federation. However, the contract is only subject to the contract management policy described in article 938.1.2 that must be adopted by the Union or the Federation for that purpose.

A municipality may also, in accordance with the first and second paragraphs, participate in a contract already taken out with an insurer by the Union or the Federation if such participation was provided for in the call for tenders made by the Union or the Federation and all tenderers are treated equally.

2009, c. 26, s. 29; 2011, c. 11, s. 8.

711.1. However, the council of a municipality may exercise its powers under articles 704 to 706, 708, 709, 711 and 711.0.1 by resolution.

1992, c. 27, s. 47; 1996, c. 27, s. 82; 2009, c. 26, s. 30.

TITLE XVIII.1 
DAMAGE INSURANCE
1992, c. 27, s. 47.

711.2. Local municipalities may file with the Minister of Municipal Affairs, Regions and Land Occupancy a joint application for the constitution of a legal person the object of which is to transact damage insurance business exclusively for the municipalities that are members thereof and their mandatary bodies within the meaning of section 18 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3) or for any person the municipalities may subsidize under the first paragraph of section 92 of the Municipal Powers Act (chapter C-47.1) or for any partnership or legal person devoted to the pursuit of the 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 that Act that the municipalities may subsidize.

For the purposes of this Title, the word “municipality” means any municipality, by whatever law governed, or any supramunicipal body within the meaning of section 18 of the Act respecting the Pension Plan of Elected Municipal Officers.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 1999, c. 43, s. 13; 1999, c. 90, s. 7; 2003, c. 19, s. 143, s. 250; 2005, c. 28, s. 196; 2005, c. 6, s. 210; 2009, c. 26, s. 109.

711.3. The council of each of the applicant municipalities must adopt a by-law whereby it approves the agreement referred to in article 711.4 and authorizes the filing of the application.

1992, c. 27, s. 47.

711.4. The application must be accompanied with an agreement applicable to the members indicating

 (1) the name of the legal person;

 (2) the name of the applicant municipalities;

 (3) the place in Québec where the head office of the legal person will be situated;

 (4) the proposed classes of damage insurance;

 (5) the name, address and occupation of each member of the first board of directors of the legal person;

 (6) the mode of determination and payment of the annual contribution and of any other contribution required of the municipalities, and the classes of municipalities established for that purpose, where that is the case;

 (7) any other measure necessary for the administration and operation of the legal person, in particular measures concerning the participation, withdrawal or expulsion of a member, that is not inconsistent with the legislative provisions applicable pursuant to article 711.11.

The name of the legal person must be in conformity with section 16 of the Business Corporations Act (chapter S-31.1).

1992, c. 27, s. 47; 1993, c. 48, s. 223; 1999, c. 40, s. 60; 2009, c. 52, s. 548.

711.5. The application must, in addition, be accompanied with the following documents:

 (1) a development plan supported by a budgeted statement of the balance sheet, operating account and surplus account over a period of not less than three years, showing the calculation assumptions used;

 (2) the résumé of each of the proposed directors.

1992, c. 27, s. 47.

711.6. The Minister or the Autorité des marchés financiers may require any other information or document the Minister or the Authority considers necessary for the evaluation of the application or documents accompanying it.

1992, c. 27, s. 47; 2002, c. 45, s. 274; 2004, c. 37, s. 90.

711.7. After receiving the advice of the Autorité des marchés financiers stating that the proposed constitution is financially viable, the Minister may request the Authority to issue letters patent to constitute the legal person.

The Minister shall refuse to authorize a constitution if the agreement contains a name that is not in conformity with any of paragraphs 1 to 6 of section 16 of the Business Corporations Act (chapter S-31.1).

The Authority shall transmit the letters patent to the enterprise registrar who shall deposit them in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1).

1992, c. 27, s. 47; 1993, c. 48, s. 224; 1999, c. 40, s. 60; 2002, c. 45, s. 270; 2004, c. 37, s. 90; 2009, c. 52, s. 549; 2010, c. 7, s. 282.

711.8. Upon the issuance of the letters patent, the legal person is constituted.

1992, c. 27, s. 47; 1999, c. 40, s. 60.

711.9. The Autorité des marchés financiers shall, at the Minister's request, issue supplementary letters patent to amend the letters patent or supplementary letters patent of a legal person.

The second paragraph of article 711.7 applies in respect of supplementary letters patent.

The supplementary letters patent may be issued only if the amendment embodied therein has been the subject of an application ratified by two-thirds of the members of the legal person.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 2002, c. 45, s. 274; 2004, c. 37, s. 90.

711.10. Where letters patent contain a misnomer, a misdescription or a clerical error, the Autorité des marchés financiers may, if there is no adverse claim, direct that the letters patent be corrected or cancelled and that correct ones be issued.

The Autorité des marchés financiers shall send the corrected letters patent to the enterprise registrar who shall deposit them in the register. They have effect from the date of deposit of the original letters patent, subject to the rights acquired by third persons.

1992, c. 27, s. 47; 1993, c. 48, s. 225; 2002, c. 45, s. 274; 2004, c. 37, s. 90; 2008, c. 7, s. 54.

711.10.1. The remedy provided for in section 25 of the Business Corporations Act (chapter S-31.1), adapted as required, may be exercised in respect of the name of a legal person.

1993, c. 48, s. 226; 1999, c. 40, s. 60; 2009, c. 52, s. 550.

711.10.2. A legal person is a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), even if its board of directors is not composed in the majority of members of the council of a municipality.

2003, c. 19, s. 144.

711.11. The provisions of the Act respecting insurance (chapter A-32) apply, adapted as required, to a legal person as if it were a mutual damage insurance company and an insurer, with the exception of sections 33.1 to 33.3, 88.1, 93.1, 175 to 200.0.14, 210, 244.1 to 245.0.1, 246, 247.1 and 406.2.

Section 35.3 of the said Act applies to a legal person as if it were constituted by a special Act.

For the purposes of section 319 of the said Act, the number of members required shall not be fewer than 10% of the membership.

Section 404.1 of the said Act applies to a legal person.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 2002, c. 70, s. 182; 2009, c. 52, s. 551.

711.11.1. Articles 935 to 938.4 and 961.2 to 961.4 apply to a legal person, with the necessary modifications, and a legal person is deemed to be a local municipality for the purposes of a regulation made under article 938.0.1 or 938.1.1.

The following modifications are among those applicable for the purposes of the first paragraph: if the legal person does not have a website, the statement and hyperlink required under the second paragraph of article 961.4 must be posted on another website the legal person determines; the legal person shall give public notice of the address of that website at least once a year; the notice must be published in a newspaper in the territory of each municipality that is a member of the legal person.

2003, c. 19, s. 145; 2010, c. 1, s. 19; 2010, c. 18, s. 42.

711.12. A legal person may invest its moneys in accordance with the rules contained in the Civil Code as regards investments presumed sound. It may also invest its moneys in accordance with the second paragraph of article 203 of this Code.

1992, c. 27, s. 47; 1999, c. 40, s. 60; 2002, c. 70, s. 183.

711.13. A director of a legal person need not be a member of the council of a municipality that is a party to the agreement.

1992, c. 27, s. 47; 1999, c. 40, s. 60.

711.14. If the Autorité des marchés financiers is of the opinion that the contributions which the municipalities are required to pay are no longer sufficient, in view of the obligations of the legal person, to maintain sufficient capital, in accordance with the Act respecting insurance (chapter A-32), the Authority may order the legal person, after giving it the opportunity to present observations, to increase the contributions by the amount and for the period that the Authority determines, so as to cover the operating costs of the legal person.

The municipalities are thereupon bound to pay the required contributions.

The order is deemed to be an order made under the Act respecting insurance.

1992, c. 27, s. 47; 1997, c. 43, s. 182; 1999, c. 40, s. 60; 2002, c. 70, s. 184; 2002, c. 45, s. 271; 2004, c. 37, s. 90.

711.15. Any municipality may, by a by-law which requires only the approval of the Minister, order a loan to provide for the payment of a contribution.

1992, c. 27, s. 47.

711.16. No member may withdraw from the legal person before the expiry of five years after the date on which it became a member.

After the five-year period, the withdrawal of a member is subject to the authorization of the Autorité des marchés financiers.

The Autorité des marchés financiers shall grant authorization

 (1) if it considers that the legal person remains financially viable despite the withdrawal;

 (2) if the legal person agrees to comply with the conditions the Authority considers necessary for the legal person to remain financially viable despite the withdrawal.

If the legal person cannot, in the opinion of the Autorité des marchés financiers, remain financially viable despite the withdrawal or if the legal person refuses to comply with the conditions considered necessary by the Autorité des marchés financiers, the latter shall or