Governance
Text
SECTION 9
Local Government over Category IA Lands
9.0.1 Subject to all other provisions of the Agreement, there shall be recommended to Parliament special legislation concerning local government for the James Bay Crees on Category IA lands allocated to them.
Such legislation shall contain the following provisions inter alia:
a) the incorporation of each Cree band and the extension of the corporate membership to include all Crees eligible to benefit under the Agreement;
b) the establishment of band councils and provisions for their election and term of office as well as the filling of vacancies and contestation of elections; there shall also be provisions that the powers of the incorporated band shall be exercised through the band council and that each band shall have the option of electing or appointing its chief and councillors according to band custom, which shall apply to the extent that it is compatible with the corporate structure of the band. Such band customs shall be set out in the by-laws of the band and such by-laws shall be subject to the approval of the Minister of Indian Affairs and Northern Development;
c) powers of the band council, which shall include these powers under the existing sections 28 (2), 81 and 83 of the Indian Act and all or most of the powers exercised by the Governor-in-Council under s. 73 of the Indian Act as well as certain non-governmental powers;
d) the powers of taxation for community purposes, in such manner and to such extent as may be agreed upon;
e) provisions establishing the right of use of the individual Cree in a given plot of land, limiting the rights of the individual to the use of one lot for residential purposes; provisions governing the allotment of additional land for non-residential purposes; provisions governing the right to take land for community use and the right to compensation for improvements where land is taken for community use;
f) the regulation and licencing of business activities, trades, occupations, merchants and work on the reserve;
g) tax exemptions which shall be the same as those provided by the Indian Act or other acts of Canada applying from time to time to Indians registered under the Indian Act shall apply to Indians registered under the Indian Act who reside on Category IA lands;
h) provisions for exempting from seizure Category IA lands and Cree property thereon, similar to those extended to other Indians as provided for in the Indian Act, unless otherwise agreed upon;
i) provisions governing residence on Category IA lands;
j) provisions governing access to Category IA lands;
k) provisions governing the granting, by the band, on Category IA lands of servitudes, usufructs and other rights of use and occupation and leases respecting such lands to any persons including non-Indians;
l) provisions relating to band public works;
m) certain defined powers relating to land use and environmental and social protection;
n) powers of the band council relating to the protection and use of natural resources consistent with and subject to applicable laws and regulations and in conformity with the terms of the Agreement;
o) the general powers of the Minister of Indian Affairs and Northern Development to supervise the administration of Category IA lands;
p) and such other powers as may be incidental and/or ancillary to the exercise of local government or the implementation of the Agreement;
9.0.2 Discussions shall take place forthwith upon the execution of the Agreement between Canada and the James Bay Crees to determine, in accordance with the above provisions 9.0.1 a) to 9.0.1 p), the terms of the special legislation to be so recommended.
Until such legislation is enacted, the Indian Act shall apply to such lands, subject to all other provisions of the Agreement.
JBNQA, par. 9.0.2
A. corr.
9.0.3 Notwithstanding the foregoing, in the event that the Indian Act applies to Category IA lands, Cree beneficiaries under the Agreement who are not Indians under the Indian Act shall be entitled to reside on the reserve.
9.0.3A There shall be recommended by Canada to Parliament amendments to the legislation contemplated by paragraphs 9.0.1 to 9.0.3 hereof which shall have the legislative effect of incorporating the Crees of Oujé-Bougoumou as a band under the said legislation and of integrating the Crees of Oujé Bougoumou into the said legislation as a separate Cree band and a Cree local government with the same status, rights, privileges and obligations as the other Cree bands and Cree local governments contemplated by the said legislation.
Compl. A. no. 22, sch. 4, s. 1
9.0.4 The provisions of this Section can only be amended with the consent of Canada and the interested Native party.
JBNQA, par. 9.0.4
A. corr.
SECTION 10
Cree Local Government (Category IB)
10.0.1 The members of each of the Cree communities of Great Whale River, Fort George, Rupert House, Paint Hills, Nemaska, Eastmain, Waswanipi and Mistassini shall be respectively incorporated as, and shall be, public corporations under the names of “The Corporation of Great Whale River”, “The Corporation of Fort George”, “The Corporation of Rupert House”, “The Corporation of Paint Hills”, “The Corporation of Nemaska”, “The Corporation of Eastmain”, “The Corporation of Waswanipi”, and “The Corporation of Mistassini” and shall have jurisdiction in the respective territories allocated for each of the said communities as Category IB lands and, where applicable, Category IB special lands. The territory of the Cree Corporation of Great Whale River shall not be included within the boundaries of the municipality of Great Whale River to be erected under Section 12 of the Agreement.
In addition, the members of the Inuit community of Fort George shall be members of the said “Corporation of Fort George” and the said corporation shall also have jurisdiction in the territory allocated to the Inuit of Fort George as Category I lands. However, the said members of the Inuit community of Fort George shall not be members of the Cree Regional Authority contemplated by Section 11A of the Agreement.
In addition, the members of the Cree community of Oujé-Bougoumou shall be incorporated as, and shall be, a public corporation under the name of the “Corporation of Oujé-Bougoumou”, which shall have jurisdiction in the territory allocated for the said community as Category IB lands.
JBNQA, par. 10.0.1
A. corr.
compl. A. no. 3, s. 15
compl. A. no. 22, sch. 3, s. 2
10.0.2 Notwithstanding the provisions of any other act, the respective territories of such public corporations shall be excluded from the territories subject respectively to the jurisdiction of the Cree Nation Government and of the Regional Government contemplated in Section 11 of this Agreement.
JBNQA, par. 10.0.2
compl. A. no. 24, s. 5
10.0.3 Each public corporation shall be represented and its affairs administered by its council.
10.0.4 For each Cree community, the members of the council of the public corporation having jurisdiction over Category IB area for that community shall be the same as the members of the council in office of the community corporation having jurisdiction over the Category IA area of that same community.
In the case of the council of the Corporation of Fort George, if no Inuk of the Inuit community of Fort George is a member of the council pursuant to the first paragraph of paragraph 10.0.4, an Inuk of the Inuit community of Fort George shall be appointed to the said council as an additional councillor. Such appointment shall be made by the members of the Corporation of Fort George from among those proposed by the said Inuit community which shall submit at least two names.
JBNQA, par. 10.0.4
compl. A. no. 3, s. 16
10.0.5 Each such public corporation shall be a corporation within the meaning of the Civil Code; it shall have the general powers of such a corporation and such special powers as are assigned to it in this Section.
10.0.6 The corporate seat of each such public corporation, and the place of the meetings of its council, shall be located within the Category I area of the members of the community comprising such public corporation as shall be determined by resolution of the council thereof.
10.0.7 The following provisions of the Cities and Towns Act, R.S.Q. 1964 c. 193 as modified, shall apply to the said public corporations:
4(7), 4(8), 4(14), 4b, 5, 6, 7, 8, 9 (as modified herein), 10, 11, 17 (as modified herein), 19, 26 (as modified herein), 28 (as modified herein), 46, 51, 52, 53, 54, 54a, 54b, 61 (as modified herein), 62 (as modified herein), 64 (as modified herein), 65, 66, 67, 68 (as modified herein), 69 (as modified herein), 70 to 89, 90 (as modified herein), 91 to 94, 95 (as modified herein), 96 to 103, 104 (as modified herein), 105 (as modified herein), 108, 109, 115, 346 (as modified herein), 347 to 365, 366 to 368 (as modified herein), 369, 370, 371, 372 (as modified herein), 375 (as modified herein), 376 (as modified herein), 377, 378, 379, 380 (as modified herein), 381 to 398, 399 to 410 (as modified herein), 411 (as modified herein), 413 to 420, 422, 423 (as modified herein), 424, 425, 426 (as modified herein), 427, 428, 429 (as modified herein), 429a, 431 to 433, 434 (as modified herein), 435 to 438, 439 (as modified herein), 442 (as modified herein), 443, 445 to 448, 450, 451, 452 (as modified herein), 453 to 457, 458 (as modified herein), 459 (as modified herein), 461 to 464, 464a (as modified herein), 465 to 472, 473 (as modified herein), 473a to 478, 479 (as modified herein), 480 (as modified herein), 481 to 483, 516 (as modified herein), 517 (as modified herein), 518, 518a (as modified herein), 519, 525 to 529 (as modified herein), 580 (as modified herein), 605 to 607 (as modified herein), 610 to 621 (as modified herein), 622 to 628, 629 to 640, 641 (as modified herein) and 642 to 697 (as modified herein).
For the purpose of application of the above-mentioned provisions of the Cities and Towns Act in this Section, the said public corporations shall be deemed to be municipalities within the meaning of the said Act.
JBNQA, par. 10.0.7
A. corr.
10.0.8 Where the provisions of the Cities and Towns Act have been indicated in the preceding paragraph as modified for the purposes of application in this Section, such provisions shall be deemed to be modified in the manner set out in Schedule 1 of this Section.
10.0.9 For the purposes of interpreting these provisions of the Cities and Towns Act which apply to the said public corporations, the definitions listed in Schedule 2 of this Section shall apply.
10.0.10.1 The provisions of the Cities and Towns Act respecting the valuation roll, the imposition and collection of real estate taxes, including procedures relating thereto, and the provisions of the Real Estate Assessment Act shall come into force in the Territory of the corporation upon receipt by the Minister of Municipal Affairs of a resolution of the council of the corporation to proceed to the imposition of such real estate taxes.
10.0.10.2 The modifications numbered 10, 16, 17, 20, 21, 22, 23, 25, 28, 29, 30, 31, 32, 37, 39 in Schedule 1 hereof and the definitions numbered 4, 5, 7 in Schedule 2 hereof are null and void and do not apply when a corporation avails itself of the provisions of the preceding paragraph. The sections of the Cities and Towns Act thus affected shall then apply, mutatis mutandis, to the said corporation.
10.0.11 The public corporation shall have the power to make by-laws:
1) for environmental and social protection by more stringent requirements than those provided by laws and regulations;
2) for the protection and use of natural resources (excluding wildlife) consistent with applicable laws and regulations and taking into account that Québec will own the minerals and subsurface rights;
3) for the protection of the quality of the environment including the water, atmosphere and soil by measures compatible with the general objectives of legislations respecting the quality of the environment.
Such by-laws shall in no way restrict development and activities carried out or to be carried out outside land Category I, in accordance with laws including those laws and regulations incorporating the environmental and social protection regime applicable to land Category II and III.
Such by-laws take effect after approval by the Lieutenant-Governor in Council.
10.0.12 The language of communication of the public corporation shall be in accordance with the laws of general application in Québec. In addition, every person may address the public corporation in Cree and the public corporation shall ensure that such person can obtain available services from and can communicate with it in Cree.
10.0.13 In the sittings of the council of the said public corporation, whoever has a right to be heard may use Cree at his option.
10.0.14 The council of the public corporation shall have the right to make copies of the books, records, notices and proceedings or extracts thereof of the said public corporation in Cree.
10.0.15 Any of the said public corporations may, with the prior authorization of the Lieutenant-Governor in Council, make with the Government of Canada or any body thereof, or any band or council, and may, with the authorization of the Minister of Municipal Affairs, make with any public body, including a municipality, a community, an association and a school board, agreements respecting the exercise of its competence; it may then carry out such agreements and exercise the rights and privileges and fulfill the obligations arising therefrom.
10.0.16 The first fiscal year of the public corporation shall commence on the date of incorporation of the said corporation and shall terminate on December 31st of the same year unless otherwise provided in the Agreement.
10.0.17 The said public corporations shall be deemed to be municipalities within the meaning of the Municipal Affairs Department Act (Revised Statutes, 1964, chapter 169), the Municipal Commission Act (Revised Statutes, 1964, chapter 170), the Municipal Bribery and Corruption Act (Revised Statutes, 1964, chapter 173), the Municipal Aid Prohibition Act (Revised Statutes, 1964, chapter 176), the Public Health Act (Revised Statutes, 1964, chapter 161), the Water Board Act (Revised Statutes, 1964, chapter 183), the Municipal School Debt and Loan Act (Revised Statutes, 1964, chapter 171) and municipal corporations within the meaning of the Labour Code, and the said acts shall apply mutatis mutandis to the public corporations.
10.0.18 Subject to the provisions of this Section, the laws of general application exclusive of the Municipal Code shall apply to the public corporations contemplated in this Section.
10.0.19 The provisions of this Section can only be amended with the consent of Québec and the Cree Native party, except with respect to the second paragraph of paragraph 10.0.1 and the second paragraph of paragraph 10.0.4 in which cases the consent of the Inuit Native party shall also be required.
The Inuit Native party agrees furthermore to make any amendment to the second paragraph of 10.0.1 and the second paragraph of 10.0.4 which is consented to by the Inuit Community Corporation of Fort George.
Legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec.
JBNQA, par. 10.0.19
compl. A. no. 3, s. 17
Annex 1
The modifications to the Cities and Towns Act, as indicated in paragraph 10.0.7 shall be the following: 1) Section 9: The following paragraph is added:
“The oath may also be taken in accordance with the provisions of Section 299 of the Code of Civil Procedure of the Province of Québec”.
2) Section 17: The following paragraph is added:
“In the absence of a council, the Minister of Municipal Affairs shall name a temporary administrator.” 3) Section 26(1) 4°: The words “Subject to the provisions of this Act” are replaced to read as follows: “Subject to the provisions of the Cities and Towns Act”.
4) Section 28 is modified to read as follows:
“The corporation shall have jurisdiction for municipal purposes and for the exercise of all the powers conferred upon it over the whole of its territory and also beyond its territory in special cases where more ample authority is conferred upon it; it shall also have jurisdiction for police purposes in accordance with the terms of the Agreement on Police (Crees) and Administration of Justice (Crees).”
5) Section 61 is replaced by the following:
“In the case of incapacity or refusal of the majority of the council to act, the Minister of Municipal Affairs shall appoint a temporary administrator.”
6) Section 62: the following paragraph shall be added:
“The oath may also be taken in accordance with the provisions of Section 299 of the Code of Civil Procedure of the Province of Québec.”
7) Section 64: This section is replaced by the following:
“The chief councillor and the members of the council shall be entitled to such remuneration as may be fixed from time to time by by-law of the corporation subject to the approval of such by-law by the Lieutenant Governor in Council. The council may authorize by resolution the payment of the expenses actually incurred by a member of the council on behalf of the corporation. The council may by by-law, subject to the approval of the Minister of Municipal Affairs, establish a pension plan and fund of a contributary nature for the chief councillor and councillors.”
8) Section 68 is modified by deleting paragraph 3.
9) Section 69 is modified by deleting the second and subsequent paragraphs.
10) Section 90 is modified by deleting paragraphs 2, 3 and 5.
11) Section 95 is modified by adding after the words “subject to all other legal provisions” the following: “or in any other manner approved by the Minister of Municipal Affairs.”
12) Section 104 is modified by adding the following paragraph:
“On request of the corporation, the Minister of Municipal Affairs may exempt the corporation from the requirements of this Section.”
13) Section 105 is replaced by the following:
“The Minister of Municipal Affairs may, if he has reason to believe that it is justified, order a special audit of the accounts of the corporation for one or more of the five (5) years preceding such order.”
14) Section 346 is replaced by the following:
“The Council shall meet at least every three (3) months.”
15) Section 366: The words “Every property-owner or taxpayer domiciled outside the limits of a municipality” are replaced by:
“Any person having the right to receive such notice and who is not within the territorial limits of the corporation…”
16) Section 367 is modified by replacing the words “an absent property-owner or taxpayer” by “such person”. 17) Section 368 is modified by replacing the words “property-owner” by “person”. 18) Section 372 is modified to read as follows:
“The publication of a public notice for municipal purposes shall be made by posting it in the office of the corporation.”
19) Section 375 is modified to read as follows:
“Except in cases otherwise provided for, the delay which is to elapse after a public notice shall begin to run from the day on which such notice is published. In all cases the day on which the notice was published shall not count. Saving provision to the contrary, public notices shall be published at least seven (7) clear days before the day fixed for the proceeding concerned.”
20) Section 376 is modified to read as follows:
“Public notices shall be applicable to and binding upon persons concerned even if domiciled outside of the territorial limits of the corporation.”
21) Section 380 is modified to read as follows:
“The council, of its own motion, may submit to the members and/or residents concerned any question that may be the subject of a decision of the council.
The question shall be defined by resolution of the council and the vote shall be taken in number only.
The council may also exercise such power at the request of twenty (20) persons contemplated in the first paragraph and then require, if it wishes, that the applicants pay such sum as it deems fair to meet the cost of taking the vote.”
22) Sections 399 to 410 are replaced by the following:
“When a by-law requires approval of members and/or residents the vote shall be taken by polling in the following manner:
a) the council shall decide the date, time and place of polling;
b) the vote shall be taken by secret ballot and shall be presided over by the Secretary of the corporation or the person appointed by the council for such purpose;
c) the vote shall be taken by number only;
d) the ballots used for the poll shall be prepared in the following manner:
Are you in favour of by-law no.
yes
no
e) the expenses occasioned by the holding of the poll shall be payable by the corporation.” 23) Section 411 is replaced by the following:
“Any member or resident may, by petition presented in his name, apply and obtain on the ground of illegality, the quashing of any by-law or part of by-law of the council.
Such petition shall be presented within three (3) months after the coming into force of such by-law to the Court having jurisdiction in the territory.”
24) Section 423 is modified by adding the following paragraph:
“Nothing in the preceding shall be interpreted so as to interfere with or limit the rights granted to the Cree people by the Agreement.”
25) Section 426(1) c) par. 4 is modified by replacing “sections 399 to 410” by “section 399 as amended.”
26) Section 429(1) is modified by replacing the words “Public Street Act (chap. 179)” by “section 468 of the Municipal Code”.
27) Section 434 is modified to read as follows:
“The municipality may construct or acquire and maintain in its boundaries, and with the approval of the Lieutenant-Governor in Council, beyond its boundaries for a distance of thirty miles, waterworks, together with all appurtenances and accessories, the construction or acquisition whereof is determined under section 433; it may improve the waterworks and change the site thereof; and construct and maintain all buildings, engines, reservoirs, basins and other works necessary to convey water.”
28) Section 439 is modified to read as follows:
“The council may by by-law to meet the costs of the construction and maintenance of waterworks and the costs of the distribution of water impose in the manner prescribed an annual tax on all occupants of the sector thus serviced.”
29) Section 442 (4) is modified by deleting the words “special” and “and 441”.
30) Section 452 is modified by deleting the words “special” and “and the compensation for the use of the water”.
31) Section 458 is modified to read as follows:
“The council may, by by-law, in order to meet the interest on the sums expended in introducing a system of lighting, impose on all the owners or occupants of houses, shops or other buildings an annual tax.”
32) Section 459(1)a is modified by deleting the word “special”.
33) Section 464a is modified by adding after the words “sections 455 to 463” the words “as amended”.
34) Section 473(6) is modified by deleting the words “If the period exceeds twenty-five (25) years, the by law shall be approved in accordance with section 593.”
35) Section 479 is modified by replacing the “15th of November” and the “30th of December” by the “1st of July” and the “31st of July” in the first paragraph. In the second paragraph by replacing the word “January” by the word “August”.
36) Section 480(2) is modified by adding after the word “grant” the words “or subsidy”. 37) Section 516 is modified by deleting the words “on taxable property in the municipality”. 38) Section 517 is modified by deleting the following words in the second paragraph “subject to section 579”.
39) Section 518a is modified to read as follows:
“The costs of demolition, repairs, alterations and construction incurred by a municipality in exercising the powers contemplated in paragraphs 1b, 4a and 27 of section 426 shall constitute a charge recoverable in the manner determined by the council.”
40) Sections 525 to 529 are replaced by the following:
“The council may impose and levy annually:
(1) on the stock in trade or articles of commerce of all descriptions kept by merchants and dealers and exposed for sale in shops, or kept in vaults, warehouses or store-houses; on all yards or depots for rough, sawn or manufactured wood or lumber; and on all yards or depots for coal or other articles of commerce kept for sale, a tax of not more than one per cent (1%) of the estimated average value of such stock in trade or other articles of commerce;
(2) a tax on all occupants, possessors, or tenants within the territorial limits of the corporation, said tax to be applied on a uniform basis;
(3) a service tax which shall, if levied, be applied on an equal basis to all beneficiaries within the territorial limits of the public corporation to the extent of the cost of services furnished by such corporation. These service taxes shall be the same for all required to pay them whether they are members of the corporation or not. Wherever the corporation shall provide services, it shall provide them to all residents and organizations whether members of the corporation or not”.
41) Section 580 shall be replaced by the following:
“Subject to the approval of the Québec Municipal Commission and on such terms and conditions that the Commission may determine, the council of the public corporation may enact by-laws governing the borrowing of funds required by the corporation. Subject to the same approval, the corporation may provide housing loans to its members from the monies thus borrowed”.
42) Sections 605 to 607 are replaced by the following:
“Lands of Category IB shall not be subject to expropriation by the public corporation.
In the case of acquired rights, expropriation of lands, buildings and structures located within the territorial limits of the corporation as of the date of the signing of the Agreement shall be subject to the prior approval of the Lieutenant-Governor in Council.”
43) Section 610 shall be modified by adding the following paragraph:
“The council shall not be obliged to accept the lowest or any other tender.”
44) Sections 611 to 621 are replaced by the following:
“Fines imposed by the by-laws of the council shall be recoverable on summary proceedings in accordance with Part I of the Summary Convictions Act.”
45) Section 641 is modified by adding the following paragraph:
“Nevertheless for the purposes of sections 628 to 641 of the Cities and Towns Act, the lands of Category IB as granted by the Agreement are exempt from seizure.”
46) Sections 642 to 697 shall apply subject to the provisions of the Sections on Police (Crees) and Administration of Justice (Crees) contained in the Agreement.
JBNQA, Sch. 1
A. corr.
Annex 2
Definitions
1) The word “Council” means the council of each public corporation.
2) The word “municipality” shall mean a public corporation as established herein.
3) The words “territory of the municipality” shall mean the territory under the jurisdiction of a public corporation.
4) The word “ratepayer” shall mean the members of the corporation and the residents.
5) The words “person entered on the valuation roll” shall mean the members of the corporation and the residents.
6) The words “person entered on the electoral list” or “electors” shall mean the members of the corporation and the residents.
7) The words “property owner, occupant, tenant” shall mean the members of the corporation and the residents. 8) The word “Minister” shall mean the Minister of Municipal Affairs.
SECTION 11
Cree Governance on Category II Lands
11.1 Definitions
For the purposes of this Section, the following words and phrases shall mean:
11.1.1 “Governance Agreement”: the Agreement on Governance in the Eeyou Istchee James Bay Territory between the Crees of Eeyou Istchee and the gouvernement du Québec concluded on July 24, 2012.
compl. A. n° 24, s. 1
11.1.2 “Regional Government”: the Eeyou Istchee James Bay Regional Government contemplated in section 76 of the Governance Agreement.
compl. A. n° 24, s. 1
11.2 Cree Nation Government
11.2.1 The members of the public corporations incorporated under the names of the “Corporation of Great Whale River”, the “Corporation of Fort George”, the “Corporation of Rupert House”, the “Corporation of Paint Hills”, the “Corporation of Nemiscau”, the “Corporation of Eastmain”, the “Corporation of Waswanipi”, the “Corporation of Mistassini” and the "Corporation of Oujé-Bougoumou” (hereinafter referred to as the “community corporations”) as well as the corporations themselves, are already constituted collectively as a public corporation under Québec law under the name of the “Cree Regional Authority”, which shall continue to exist as the same legal person, henceforth designated under the name of “Eeyou Tapayatachesoo” in Cree, “Cree Nation Government” in English and “Gouvernement de la nation crie” in French.
compl. A. n° 24, s. 1
11.2.2 The Cree Nation Government is a legal person established in the public interest within the meaning of the Civil Code of Québec (S.Q. 1991, chapter 64); in addition to the general powers of such a legal person, it shall have such special powers as are assigned to it in this Section.
compl. A. n° 24, s. 1
11.2.3 The head office of the Cree Nation Government shall be within the boundaries of the Category I lands allocated for the James Bay Crees pursuant to the provisions of Section 4 of this Agreement.
compl. A. n° 24, s. 1
11.2.4 The powers of the Cree Nation Government shall be exercised by a council which shall consist of the chairman and the vice-chairman of the Cree Nation Government and of the chief councillor of each of the said community corporations as well as one other member from each of the said corporations.
compl. A. n° 24, s. 1
11.2.5 The Cree Nation Government shall have the following powers:
a) to give a valid consent, on behalf of the James Bay Crees, where such consent is required pursuant to this Agreement;
b) to appoint representatives of the Crees to all structures, bodies and entities established pursuant to this Agreement.
compl. A. n° 24, s. 1
11.2.6 In addition to the above powers, the Cree Nation Government may also be empowered to coordinate and administer all programs on Category I lands of the James Bay Crees if said coordination and administration are delegated to it by one or more of the Cree bands contemplated in Section 9 of this Agreement or by one of the said Cree community corporations.
compl. A. n° 24, s. 1
11.2.7 The Cree Nation Government shall be represented and its affairs shall be administered by the council contemplated in paragraph 11.2.4.
compl. A. n° 24, s. 1
11.2.8 The council of the Cree Nation Government may make by-laws in respect to subject matters falling within its jurisdiction.
compl. A. n° 24, s. 1
11.3 Jurisdictions, Functions and Powers
11.3.1 The Cree Nation Government may exercise jurisdictions, functions and powers, and shall, if applicable, assume the obligations related thereto, over Category II lands under Québec laws with respect to:
a) municipal and regional management, management of natural resources and management of land, as provided for in this Section;
b) any other matter that may be agreed from time to time by the Cree Nation Government and Québec.
compl. A. n° 24, s. 1
11.3.2 The Cree Nation Government shall not exercise jurisdictions, functions and powers on Category II lands located north of the 55th parallel, unless an agreement to this effect is reached between the Crees and Makivik Corporation or, as the case may be, the Kativik Regional Government and such agreement is approved by Québec.
compl. A. n° 24, s. 1
11.3.3 Subject to the provisions of this Agreement, the jurisdictions, functions and powers that are attributed to the Cree Nation Government on Category II lands shall be exercised without discrimination, including between the Crees and other citizens.
compl. A. n° 24, s. 1
A. Municipal Management
11.3.4 In the field of municipal management, the Cree Nation Government may exercise, with respect to Category II lands the jurisdictions, functions and powers attributed to a municipality pursuant to the Cities and Towns Act (chapter C-19) and the other laws applicable to such a municipality.It may also exercise the jurisdictions, functions and powers attributed as of July 24, 2012 to the Municipalité de Baie James and the James Bay Regional Zone Council in respect of Category II lands pursuant to, as the case may be and without limitation, the James Bay Region Development and Municipal Organization Act (chapter D-8.2), Section 11B of this Agreement and the Act respecting the James Bay Regional Zone Council (chapter C59.1), in their form as of July 24, 2012.
compl. A. n° 24, s. 1
11.3.5 The Cree Nation Government may, by resolution, declare with respect to all or any part of Category II lands that it shall exercise any of the jurisdictions, powers and functions attributed from time to time by the law to a regional county municipality (“MRC”) within the meaning of the Act respecting Municipal territorial organization (chapter O-9) or successor body pursuant to the laws of Québec.
In particular, the Cree Nation Government may exercise such jurisdictions, powers and functions with respect to the planning of land use and development in the territory, as provided for in the Act respecting land use planning and development (chapter A-19.1) or any successor legislation, including the development of a land use and development plan, a strategic vision for economic, social, cultural and environmental development and the other elements pertinent for the planning exercise provided for in such legislation. Such land use and development plan and strategic vision shall be consistent with the policies, principles and objectives to be determined by the Cree Nation Government in consultation with the Cree communities and with the concurrence of Québec.
In cases where adaptations are required regarding the exercise of the jurisdiction concerned to take into account the context of Category II lands and the institutional capacity of the Cree Nation Government, they shall be the object of a prior agreement between the Cree Nation Government and Québec.
compl. A. n° 24, s. 1
11.3.6 The same planning conditions and process as set forth in sections 28 to 43 of the Governance Agreement shall apply, with such modifications as the circumstances may require, to the regional land use and development plan prepared by the Cree Nation Government pursuant to the second sub-paragraph of paragraph 11.3.5 provided that such plan shall not be subject to consultations with the Regional Government.
compl. A. n° 24, s. 1
11.3.7 The Cree Nation Government may, in the same manner as provided for in paragraph 11.3.5, exercise the powers of an MRC with respect to the promotion of local development and entrepreneurial support within Category I lands and Category II lands and with respect to the residents thereof. To that end, the Cree Nation Government may, more particularly, formulate, in keeping with the policies, principles and objectives determined by the Cree Nation Government in consultation with the Cree communities, a strategy for the development of entrepreneurship, including social economy entrepreneurship.
compl. A. n° 24, s. 1
11.3.8 In the special context of Category II lands and the institutional capacity of the Crees, the Cree Nation Government may, at its option, exercise the powers mentioned in paragraph 11.3.7 or entrust them to another body that it may constitute under the name “Local Development Centre” (“CLD”) as contemplated in the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01). It may also designate an existing body as a CLD.
The entity exercising such functions and powers may collaborate with another CLD in order to support entrepreneurs in carrying out projects on Category III lands, subject to the approval of such projects by the Regional Government.
compl. A. n° 24, s. 1
11.3.9 The Cree Nation Government may also assume itself or assign to the CLD a mandate stemming from a power conferred on it by law or from an agreement with Québec or one of its ministers or bodies.
compl. A. n° 24, s. 1
B. Regional Conference of Elected Officers (CRÉ-CNG)
11.3.10 The Cree Nation Government shall be deemed to act as a Regional Conference of Elected Officers (“CRÉ”), as provided for in Québec laws, for the Crees and with respect to Category I lands and Category II lands.
compl. A. n° 24, s. 1
11.3.11 The Cree Nation Government, in consultation with the Cree communities, may exercise all the powers and have all the responsibilities of a CRÉ and a regional land and natural resource commission (“CRRNT”), as provided for in Québec laws, including the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1).
In this regard, the Cree Nation Government may, in particular, prepare a regional land and resource use plan, which shall have at least the same scope as the regional plan for integrated land and resource development contemplated in the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire or any other planning document of the same nature successor thereto.
compl. A. n° 24, s. 1
11.3.12 The Cree Nation Government shall exercise its jurisdictions, functions and powers taking into account the following:
a) the policies, principles and objectives to be determined by the Cree Nation Government in consultation with the Cree communities and with the concurrence of Québec;
b) the special vocation of Category II lands for the Crees under this Agreement; and
c) the status of Category II lands as lands in the domain of the State, subject to the provisions of this Agreement, including Sections 5 and 24, concerning, in particular, public access to lands in the domain of the State and free circulation, having due regard to Cree harvesting rights and land use and occupation on Category II lands.
compl. A. n° 24, s. 1
C. Planning Process
11.3.13 The Cree Nation Government shall prepare the regional land and resource use plan for Category II lands mentioned in the second subparagraph of paragraph 11.3.11 in accordance with the process set forth in sections 28 to 43 of the Governance Agreement.
compl. A. n° 24, s. 1
D. Lands and Resources
Public Land Use Plan
11.3.14 With respect to Category II lands, the Cree Nation Government shall be invited to participate in the preparation of the proposed Public Land Use Plan (“PATP”) mentioned in Division III of Chapter II of the Act respecting the lands in the domain of the State (chapter T-8.1) or any other planning document of the same nature successor thereto, or any amendment or revision thereof, in accordance with the process set forth in sections 54 to 63 of the Governance Agreement.
compl. A. n° 24, s. 1
Management Powers
11.3.15 Subject to negotiation with the ministre des Ressources naturelles in order to determine the terms and conditions to be set forth in a specific nation-to-nation agreement to be concluded by the Cree Nation Government and Québec, the Cree Nation Government may assume and exercise, on all or such parts of Category II lands as the Cree Nation Government may recommend, powers of land and forestry management:
a) set forth in any program or policy of Québec in force from time to time, including those in force on July 24, 2012;
b) attributable to an MRC or local municipality elsewhere in Québec from time to time under Québec laws and policies; and
c) respecting such other matters as may be agreed by the Cree Nation Government and Québec from time to time.
This specific agreement may provide for, among other things, technical and financial support to the Cree Nation Government as well as adaptations to take into account the context of Category II lands and the institutional capacity of the Cree Nation Government.
compl. A. n° 24, s. 1
11.3.16 In the event that Québec undertakes to entrust to a Native band council, a municipality, a legal person or another body, other than a body or enterprise of the gouvernement du Québec as defined in the Financial Administration Act (chapter A-6.001), any resource management jurisdiction, function or power, other than those mentioned in paragraph 11.3.15, and provided for in any program, policy or statutory provision of Québec in force from time to time, including those in force on July 24, 2012, then the Cree Nation Government and Québec shall undertake negotiations with a view to the assumption and exercise by the Cree Nation Government of such jurisdictions, functions and powers on Category II lands in accordance with terms and conditions at least as favourable and a schedule at least as rapid as those granted to any such other entity, taking into account the adaptations necessary in the context of Category II lands.
These terms and conditions shall be set forth in a specific nation-to-nation agreement between the Cree Nation Government and Québec that may provide for, among other things, technical and financial support for the Cree Nation Government.
compl. A. n° 24, s. 1
E. Funding Arrangements
11.3.17 Québec shall fund the Cree Nation Government in accordance with fiveyear funding agreements. The Cree Nation Government and Québec shall negotiate and agree on five-year funding arrangements, taking into account, among other things:
a) the evolution of the governance jurisdictions, functions and powers of the Cree Nation Government with respect to its operations on Category II lands;
b) the needs and the revenue generating capacity of the Cree Nation Government with respect to its exercise of its governance jurisdictions, functions and powers on Category II lands;
c) the remoteness and expanse of Category II lands;
d) the level of funding provided in the immediately preceding five-year period;
e) northern cost structures; and
f) other related factors.
compl. A. n° 24, s. 1
11.4 Final Provisions
11.4.1 The provisions of this Section can only be amended with the consent of Québec and the Cree Native Party.
compl. A. n° 24, s. 1
11.4.2 The legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec.”
compl. A. n° 24, s. 1
SECTION 11A
Cree Regional Authority
(Chapter 11A of the JBNQA was replaced by section 1 of Complementary Agreement no. 24.)
11A.0.1 The members of the public corporations incorporated under the names of the “Corporation of Great Whale”, the “Corporation of Fort George”, the “Corporation of Rupert House”, the “Corporation of Paint Hills”, the “Corporation of Nemiscau”, the “Corporation of Eastmain”, the “Corporation of Waswanipi”, the “Corporation of Mistassini” and the “Corporation of Oujé-Bougoumou” (hereinafter referred to as the community corporations) as well as the corporations themselves shall be a public corporation under Québec law under the name of the Cree Regional Authority.
JBNQA, par. 11A.0.1
Compl. A. no. 22, sch. 3, s. 3
11A.0.2 The said Cree Regional Authority shall be a corporation within the meaning of the Civil Code; it shall have the general powers of such a corporation and such special powers as are assigned to it in this Section.
11A.0.3 The corporate seat of such Cree Regional Authority shall be within the Category I lands allocated for the James Bay Crees pursuant to the provisions of Section 4 of the Agreement.
11A.0.4 The powers of the Cree Regional Authority shall be exercised by a council which shall consist of the chief councillor of each of the said community corporations as well as one other member from each of the said corporations.
11A.0.5 The Cree Regional Authority shall have the following powers:
a) the appointment of Cree representatives on the James Bay Regional Zone Council;
b) the appointment of representatives of the Crees on all other structures, bodies and entities established pursuant to the Agreement;
c) to give a valid consent, when required under the Agreement, on behalf of the James Bay Crees.
JBNQA, par. 11A.0.5
A. corr.
11A.0.6 In addition to the above powers, the said Cree Regional Authority may also be empowered to coordinate and administer all programs on Category I lands of the James Bay Crees if said coordination and administration are delegated to it by one or more of the Cree bands or the corporations which may be established pursuant to Section 9 of the Agreement or by one of the said Cree community corporations.
11A.0.7 The Cree Regional Authority shall be represented and its affairs shall be administered by its said council.
11A.0.8 The council of the Cree Regional Authority may make corporate by-laws in respect to subject matters falling within its jurisdiction.
11A.0.9 The provisions of this Section can only be amended with the consent of Québec and the interested Native party.
Legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec.
SECTION 11B
James Bay Regional Zone Council
(Chapter 11B of the JBNQA was replaced by section 1 of Complementary Agreement no. 24.) 11B.0.1 Definitions: For the purpose of this Section, the following words and phrases shall mean:
1.1 “James Bay Municipality” means the municipality constituted in virtue of the James Bay Region Development Act, L.Q., 1971, c. 34.
1.2 “Category II” means all of Category II lands of the Territory described in Section 4 and included within the territorial limits of the James Bay Municipality.
1.3 “Cree Regional Authority” means the Regional Authority constituted pursuant to Section 11A.
1.4 “James Bay Regional Zone Council” means the moral person created by special provincial legislation for the purpose of municipal administration over Category II lands located within the James Bay Municipality.
JBNQA, par. 11B.0.1
A. corr.
11B.0.2 There shall be established by special provincial legislation the James Bay Regional Zone Council which shall exercise the powers of the James Bay Municipality over Category II lands in accordance with the following provisions.
11B.0.3 The affairs of the James Bay Regional Zone Council shall be administered by a council of six persons, three of whom shall be appointed by and shall represent the Cree Regional Authority and three of whom shall be appointed by and represent the James Bay Municipality.
11B.0.4 The James Bay Regional Zone Council shall exercise its municipal powers in accordance with the provisions of the James Bay Region Development Act and, except as hereinafter provided, shall be deemed to have been delegated all the municipal powers of the James Bay Municipality in respect to Category II lands within the meaning of Section 36 of the James Bay Region Development Act.
11B.0.5 Each member of the James Bay Regional Zone Council shall be appointed for a term of office of two years, unless such member is replaced prior thereto by the body that appointed the replaced member.
11B.0.6 The proceedings of the James Bay Regional Zone Council shall be similar to those authorized for municipal councils under the Cities and Towns Act, subject to the special provisions set forth below.
11B.0.7 For the exercising of municipal powers, administrative officers may be appointed under the control and authority of the James Bay Municipality subject to budget appropriation and such administrative officers may be nominated by the Cree Regional Authority or by the James Bay Municipality. Such officers shall in any event be employees of the James Bay Municipality.
11B.0.8 The James Bay Regional Zone Council shall have the right to enact by-laws concerning all matters contemplated by the Cities and Towns Act subject to appropriate action by the James Bay Municipality and to the provisions of the James Bay Region Development Act.
11B.0.9 The by-laws enacted by the James Bay Regional Zone Council shall not come into force until they are ratified by the James Bay Municipality and approved by the Lieutenant-Governor in Council.
11B.0.10 In the event that the James Bay Municipality refuses to ratify a by-law enacted by the James Bay Regional Zone Council, the James Bay Municipality shall be obliged to notify the James Bay Regional Zone Council in writing giving the reasons for the refusal to ratify.
11B.0.11 In the event that the James Bay Municipality should refuse to ratify only part of a by-law enacted by the James Bay Regional Zone Council, the James Bay Municipality shall be obliged to notify the James Bay Regional Zone Council in writing specifying which part of the said by-law has not been ratified and the reasons for such refusal to ratify.
11B.0.12 In the event that the James Bay Municipality shall refuse of ratify the whole or any part of a by-law, the James Bay Regional Zone Council may, by a majority vote, enact another by-law on the same subject.
11B.0.13 In the event that the James Bay Municipality does not submit to the James Bay Regional Zone Council written notice of its decision not to ratify, within a delay of ninety days from the date of receipt by the James Bay Municipality of the said by-law of the James Bay Regional Zone Council, then it shall be deemed that the said by-law has been ratified by the James Bay Municipality and it shall be then submitted within thirty days by the James Bay Municipality to the Lieutenant-Governor in Council for decision.
11B.0.14 Subject to the provisions of this Section, the James Bay Municipality shall not be entitled to enact any by-law relating to Category II lands unless the James Bay Regional Zone Council has first been requested to enact a by-law on the subject which the James Bay Municipality wishes to regulate. Within ninety days of being requested to do so, the James Bay Regional Zone Council shall enact the by-law on the subject requested by the James Bay Municipality. Should the James Bay Regional Zone Council be unable to agree upon the enactment of the requested by-law, or if it enacts such a by-law which has subsequently not been ratified by the James Bay Municipality, then the James Bay Municipality may enact a by-law on such matter and the Cree Regional Authority shall be given the opportunity to submit its comments on the by-law thus enacted by the James Bay Municipality prior to a decision on same by the Lieutenant-Governor in Council.
11B.0.15 Every by-law enacted by the James Bay Municipality pursuant to the provisions of the preceding paragraph shall not come into effect until such by-law has been approved by the Lieutenant Governor in Council.
11B.0.16 Notwithstanding anything herein, nothing in this Section shall be construed as giving either the James Bay Regional Zone Council or the James Bay Municipality a jurisdiction or authority with respect to hunting, fishing and trapping or with respect to the Hunting, Fishing and Trapping Regime established in accordance with Section 24 of the Agreement.
11B.0.17 The budget of the James Bay Regional Zone Council shall be subject to the approval of the James Bay Municipality and the Lieutenant-Governor in Council on an annual basis and the funding for the administration of the James Bay Regional Zone Council shall be provided by the James Bay Municipality subject to budget appropriations.
11B.0.18 The provisions of this Section can only be amended with the consent of Québec and the interested Native party.
Legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec.
SECTION 12
Local Government North of the 55th Parallel
12.0.1 Québec undertakes to submit to the National Assembly, upon the coming into force of the Agreement, bills incorporated the provisions of Schedules 1 and 2 of this Section.
12.0.2 Nothing in this Section shall be interpreted as dispensing the local government from having to obtain any permits, licences or authorizations required by law.
12.0.3 The provisions of this Section can only be amended with the consent of Québec and the interested Native party.
Legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec.
12.0.4 Schedules 1 and 2 of this Section shall not form part of the legislation to be submitted to Parliament and to the National Assembly for the purpose of giving effect to the Agreement.
Annex 1
1. Each of the territories of Great Whale River, Inukjuaq, Povungnituk, Cape Smith, Ivujivik, Sugluk, Wakeham Bay, Koartac, Payne Bay, Aupaluk, Leaf Bay, Fort Chimo and George River shall be incorporated under Article 12 of Schedule 2 of this Section as municipalities under the names of “The Municipality of Great Whale River”, “The Municipality of Inukjuaq”, “The Municipality of Povungnituk”, “The Municipality of Cape Smith”, “The Municipality of Ivujivik”, “The Municipality of Sugluk”, “The Municipality of Wakeham Bay”, “The Municipality of Koartac”, “The Municipality of Payne Bay”, “The Municipality of Aupaluk”, “The Municipality of Leaf Bay”, “The Municipality of Fort Chimo” and “The Municipality of George River”.
JBNQA, Sch. 1
A. corr.
Annex 2
Act respecting certain municipalities and the Regional Government of Northern Québec 1. This act may be cited as the Kativik Act (Part 1).
Preliminary Title
Declaratory and interpretative provisions
2. In this act, unless the context indicates or declares otherwise, the following expressions, terms and words shall have the following meaning:
(1) the expression “Regional Government” means the regional government for the territory contemplated by Schedule 2 of Section 13 of the Agreement;
(2) the expression “regional councillor” means the councillor elected to represent the municipal corporation in the Regional Government;
(3) the word “elector” means a person having the right to vote at a municipal election;
(4) the expression “officer or employee of the municipal corporation” means any officer or employee of the municipal corporation, with the exception of the members of the council;
(5) the word “tenant” means any person who is bound to pay rent in money or to give part of the fruits or revenues of the immoveable which he occupies, and who is resident householder, saving the case of the lessee of a store, shop, office or place of business;
(6) the expression “member of the council” means and includes the mayor or any of the councillors of the municipal corporation;
(7) the word “Minister” means the Minister of Municipal Affairs;
(8) the word “municipality” means a territory erected for the purpose of municipal administration;
(9) the word “ordinance” means an enactment of the Regional Government which shall apply within the municipalities, save where expressly provided otherwise;
(10) the word “by-law” means an enactment of the council of a municipal corporation or of the Regional Government acting as a municipal corporation under article 14 of Schedule 2 of Section 13 of the Agreement;
(11) the word “sitting”, used alone, means either an ordinary or general sitting, or a special sitting of the council;
(12) the expression “municipal services” means water, sewage, fire protection, recreation, cultural activities, roads, garbage removal and disposal, lighting, heating, power, and snow removal services supplied by a municipal corporation.
3. For the purposes of this act, the population of a municipality shall be that shown in the last census recognized as valid for such purposes by an order of the Lieutenant-Governor in Council published in the Québec Official Gazette.
The Lieutenant-Governor in Council may authorize the municipal corporation or the Regional Government to undertake the required census.
4. Error or insufficiency in the designation of any municipality in any municipal document executed by a council, its officers or any other person, or in the declaration of the quality of such officer or person, provided no surprise or injustice result therefrom, shall not render such act null.
5. No suit, defence or exception, founded upon the omission of any formality, even imperative, in any act of the council or of a municipal officer, shall prevail, unless the omission has caused actual prejudice or it be of a formality whose omission, according to the provisions of the law, would render null the proceeding from which it was omitted.
6. When an oath is required, it is taken before any person authorized by law to administer it.
7. Whenever any deposition or information is required to be given under oath, on behalf of any municipal corporation, such deposition or information may be given by any member of the council or officer of the municipal corporation authorized by a resolution of the council.
8. The language of communication of the municipal corporation shall be in accordance with the laws of general application in Québec; in addition, every person may address the municipal corporation in Inuttituut and the municipal corporation shall ensure that such person can obtain available services from and can communicate with it in Inuttituut; and, in the sittings of the council, whoever has a right to be heard may use Inuttituut at his option.
The council shall have the right to make copies of the books, records, notices and proceedings of the municipal corporation in Inuttituut.
Title I: Organization of Municipal Corporation
Chapter I – Constitution of the Corporation
9. The inhabitants and ratepayers of every municipality erected under this Act form a corporation under the name of “The Corporation of (insert name)”.
10. The Lieutenant-Governor may, on a resolution passed by any municipal corporation, for reasons deemed advantageous, change the name of such municipal corporation.
Such change of name does not affect the rights or responsibilities of the municipal corporation or of any other person, and comes into force after publication in the Québec Official Gazette of a notice signed by the mayor and the secretary-treasurer, and reciting the order-in-council ordering the change of name of the municipal corporation.
After adoption of such resolution, public notice must be given that, within thirty days of the said notice, the municipal corporation will transmit its application to the Lieutenant-Governor, and that those who have reasons to invoke against such application must, before the expiration of the said thirty days, communicate same to the Minister of Municipal Affairs.
11. Every municipal corporation, under its corporate name, has perpetual succession, and may:
(1) Acquire all moveable and immoveable property required for municipal purposes, by purchase, donation, legacy or otherwise, erect and maintain on said immoveable property a public hall and all other buildings which it may require for municipal purposes and dispose thereof by onerous title, by auction, by public tenders, or in any other manner approved by the Québec Municipal Commission, when not further required;
(2) Purchase for cash or otherwise acquire, for the use of the municipal corporation, lands situated outside the boundaries of the municipality; such lands, however, shall not form part of the municipality acquiring them; but shall remain part of the municipality in which they are situated;
(3) Enter into contracts, bind and oblige itself, and bind and oblige others to itself, and transact within the limits of its powers;
(4) Sue and be sued in any cause, before any court;
(5) Exercise all the powers in general vested in it, or which are necessary for the accomplishment of the duties imposed upon it;
(6) Assist in the undertaking and furtherance, in the municipality and elsewhere, of works of charity, education, scientific, artistic or literary culture, youth training, and generally of any social welfare enterprise of the population;
(7) Assist in the organization of recreational guidance centres and public places for sports and amusements;
(8) Found and maintain bodies for industrial, commercial or tourist promotion or assist in their foundation and maintenance;
(9) Have a seal, the use of which, however, is not obligatory.
Chapter II – Erection and boundaries of municipalities
12. Notwithstanding any other dispositions of law erecting municipalities, the Lieutenant-Governor in Council may, by proclamation, at the request of any interested party, erect municipalities under this act or annex to a municipality any contiguous territory not already erected into a municipality.
To this effect, and after consultation with the Regional Government and any other interested party, the Minister of Municipal Affairs shall submit his recommendations to the Lieutenant-Governor in Council.
Title II: Municipal Councils and Officers
Chapter I – Qualification for Municipal Office
13. (1) Every physical person of full age and Canadian citizenship who is not legally disqualified may be nominated, elected or appointed a member of the council of the municipal corporation if he has been domiciled or ordinarily resident in such municipality for at least thirty-six months.
(2) In any newly formed municipality, the Lieutenant-Governor in Council may establish the criteria of domicile and residence to be applied during the thirty-six months following the date of erection.
14. The following persons shall not be nominated for, elected or appointed a member of the council: (1) Persons mentioned in paragraphs (3), (4) and (5) of Section 123 of the Cities and Towns Act; (2) Municipal officers and officers of the Regional Government;
(3) Subject to the provisions of article 91, any person who has, directly or indirectly, by himself or his partner, any contract with the municipal corporation unless the description of all such contracts has been publicly posted in the office of the municipal corporation at the time of his nomination, election or appointment and remains so posted, with all additions or deletions, if any, at all times during his tenure of office. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be deemed to be a contract with the municipal corporation. Nevertheless, a shareholder or member in any incorporated company which has any contract or agreement with the municipal corporation or which receives any grant or subsidy therefrom shall not be disqualified from acting as a member of the council; but he shall be deemed to be interested if any discussion should arise before the council or a committee with reference to any measure relating to such company, save when such company is the Inuit Development Corporation or the local Inuit Community Corporations to be formed or one of their subsidiaries, in which case he shall only be deemed to be interested if he is an officer or director of such corporations;
(4) Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder or occupant of a municipal office, whichever it be, shall not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues within the delay fixed by article 187 provided he pays them within thirty days of such delay;
(5) Any person convicted of an act punishable under a law of the Parliament of Canada or of the National Assembly of Québec by imprisonment for one year or more. Such disqualification shall continue for three years after the term of imprisonment fixed by the sentence and, if only a fine was imposed or the sentence is suspended, for three years from the date of such condemnation;
(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 ten years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or the sentence is suspended, for ten years from the date of the conviction;
(7) Whenever the office of mayor or councillor is in question,
(a) any persons who are responsible for moneys belonging to the municipal corporation, or (b) who are sureties for any employee of the council or
(c) who receive any pecuniary allowance or other consideration from the municipal corporation for their services, otherwise then under a legislative provision, save, in the case of (c), when a description of the pecuniary allowance or other consideration has been publicly posted in the office of the municipal corporation at the time of his nomination, election or appointment and remains so posted, with all additions or deletions, if any, at all times during his tenure of office.
15. No person may act as mayor or councillor nor hold any other municipal office unless he is eligible and possesses at all times the qualification required by law.
Chapter II – Councils, Mayors, Councillors and Committees of the Council
Division 1 – General Provisions
16. The municipal corporation shall be represented and its affairs administered by its council. Such council is known and styled by the name of: “The municipal council of (insert name of municipality)”.
17. The council has jurisdiction throughout the entire extent of the municipality whose municipal corporation it represents, and beyond boundaries of the municipality in special cases when more ample authority is conferred upon it.
Its orders, within the scope of its powers, are obligatory for persons subject to its jurisdiction.
18. The council must directly exercise the powers conferred upon it by this act; it cannot delegate them, except for the provisions of article 19.
Nevertheless it may appoint committees composed of as many of its members as it deems advisable, with power to examine and study any question. In such case the committees must render account by report but no report of a committee has any effect until it has been adopted by the council at a regular sitting.
19. The council may, by by-law, enter into an agreement with the Regional Government, with the approbation of the Minister of Municipal Affairs, to delegate to the Regional Government the exercise and administration of those municipal services that the council so determines.
The period of time covered by such by-law shall be two years and is renewable.
20. By-laws, resolutions and other municipal enactments must be passed by the council in session.
21. The office of the secretary-treasurer shall be established in the place where the sittings of the council are held, or in any other place fixed by resolution of the council.
22. No vote given by a person illegally holding office as member of the 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.
Division 2 – Composition of the council
23. (1) The council shall be composed of a mayor and of not less than two or more than six councillors elected by the electors every two years or appointed in the manner hereinafter set forth.
(2) The head of the council is called the “mayor”; he is ex officio a justice of the peace. The mayor shall be elected by the majority of the electors who have voted.
(3) The seat of each councillor is designated by a number. The councillor occupying seat number 1 is the representative of the municipal corporation in the Regional Government. For election purposes, seat number 1 shall be so identified on the ballot paper and shall be accompanied by the term “Regional Councillor”. The candidate obtaining the majority of the votes cast for this seat shall be declared elected.
(4) The other seats shall be filled by the candidates gaining the most votes.
(5) At the first meeting of the council after the election, seats number 2 and following shall be attributed to each councillor by drawing of lots.
(6) The number of councillors shall be established from time to time in each municipality by by-law of the council approved by the majority of the electors whose names appear on the election list in force and used at the last municipal election. In any newly formed municipality, the number of councillors shall be established by the majority vote of the inhabitants in each community in the manner approved by the Minister.
24. No person can discharge the duties of mayor or councillor until he has taken the oath of office. An entry of the taking of the oath is made in the minute book of the municipal corporation.
25. The term of office of the mayor shall expire when the new mayor is sworn in; that of a councillor at the opening of the first general or special meeting of the council held after the general election.
26. 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.
27. The mayor shall exercise the right of superintendance, investigation and control over all the departments and officers of the municipal corporation, and especially shall see that the revenue of the municipal corporation is collected and expended according to law and that the provisions of the law and all by-laws of the council are faithfully and impartially enforced. He shall lay before the council such proposals as he may deem necessary or advisable and shall communicate to the council all information and suggestions relating to the improvement of the finances, police, health, security, cleanliness, comfort and progress of the municipal corporation.
In the exercise of his functions as the executive head of the municipal administration, the mayor shall have the right, at any time, to suspend any officer or employee of the municipal corporation, but he shall report to the council at the first sitting following such suspension, and state in writing the reasons therefor; the suspended officer or employee shall receive no salary for the time during which he is suspended, unless the council decides otherwise respecting such suspension and the suspension shall only be valid until such sitting.
28. The mayor signs, seals and executes, in the name of the municipal corporation, all by-laws, resolutions, obligations, contracts, agreements or deeds made and passed or ordered by the municipal corporation which are presented to him for his signature after adoption by the council. If the mayor refuses to approve and sign same, the secretary-treasurer submits them again for the consideration of the council at the next sitting. If a majority of the members of the council again approve such by-laws, resolutions, obligations, contracts, agreements or deeds, they are legal and valid as though they had been approved and signed by the mayor, notwithstanding his refusal.
29. (1) The municipal corporation shall pay to the mayor, as remuneration for all his services in every capacity to the municipal corporation a minimum annual sum computed according to the population of the municipality at the rate of $0.40 per inhabitant. Nevertheless the mayor shall in no case so receive an annual sum of less than $400.
(2) The municipal corporation shall pay for the same purposes to each councillor a minimum annual sum computed according to the population of the municipality at the rate of $0.20 per inhabitant. Nevertheless a councillor shall in no case so receive an annual sum of less than $200.
(3) The council shall determine by resolution the terms of payment of such sums.
(4) The council may also authorize the payment of the expenses actually incurred by a member of the council on behalf of the municipal corporation provided that they have been authorized by resolution of the council.
(5) No other remuneration, allowance or benefit shall be paid to a mayor or councillor unless it has been authorized by a by-law passed by the vote of two-thirds of the members of the council and submitted for approval to the electors. Approval by the Lieutenant-Governor in Council, the Minister of Municipal Affairs or the Québec Municipal Commission shall not be required.
Chapter III – Municipal Officers
Division I – General Provisions
30. (1) Every municipal corporation must have an officer entrusted with the care of its office and archives and such officer is designated by the name of “secretary-treasurer”.
(2) In any newly formed municipality, the secretary-treasurer must be appointed by the municipal corporation within thirty days after the entry into office of the majority of the members of the new council.
(3) If the office of secretary-treasurer becomes vacant, such vacancy must be filled by the council within a delay of thirty days.
31. In addition to the secretary-treasurer, whom it is bound to appoint, the municipal corporation may, to secure the execution of its by-laws and of the requirements of law, appoint all other officers, and dismiss and replace them.
Every appointment or dismissal of a municipal officer made by the municipal corporation is decided by a resolution which should be communicated without delay by the secretary-treasurer to the person therein referred to.
32. Before entering upon his duties, every municipal officer is bound to take an oath of office. On his failure to do so, he shall be considered to have refused to discharge the duties of the office to which he has been appointed.
33. No act, duty, writing or proceedings 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.
34. The municipal corporation is responsible for the acts of its officers in the performance of the duties for which they are employed as well as for damages resulting from 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 damages.
35. Every municipal officer must give an accurate report in writing to the municipal corporation 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 disbursed for the municipal corporation and under its control, indicating the objects for which such moneys were so collected or disbursed.
During the month of January in each year, or more often if required by the council, the secretary-treasurer must render a detailed account of his receipts and expenditures from all sources for the year ended on the thirty-first of December preceeding.
36. The municipal corporation 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 accounts they are rendered, or by the municipal corporation, in cases in which such fees have not been fixed by law.
Every tariff made under this article shall be posted up in a conspicuous place in the office of the municipal corporation.
Division 2 – The Secretary-treasurer
37. 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 municipal corporation or are deposited, filed and preserved in the office of the municipal corporation. He cannot divest himself of the custody of such archives, except with the permission of the council, or under the authority of a court.
38. The council may require of any person employed by it as secretary-treasurer such security as it may deem necessary.
Such security shall be a guarantee of the faithful performance of the duties of such person; of his accounting for and paying over all public and other moneys entrusted to him or under his control to the persons authorized or entitled to receive the same; of his faithful performance of the obligations imposed upon him; and of the payment of the damages occasioned to any person through his negligence, misconduct or malversation.
39. 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 and 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.
40. The secretary-treasurer shall collect all moneys payable to the municipal corporation and, subject to all other legal provisions, shall deposit in any legally constituted bank, savings and credit union or trust company which may be designated by the council the moneys arising on municipal taxes or dues and all other moneys belonging to the municipal corporation and shall allow them to remain there until they are employed for the purposes for which they were levied or received or until disposed of by the council.
All cheques issued and promissory notes executed by the municipal corporation 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 so to do and by the secretary-treasurer.
41. The secretary-treasurer pays out of the funds of the municipal corporation all sums of money due by it whenever by resolution he is authorized so to do by the council.
42. (1) The secretary-treasurer is bound to keep books of account in which he enters, by order of date, the receipts and expenditures, mentioning the persons who have paid moneys into his hands or to whom he has made a payment.
(2) He must obtain and keep vouchers for all payments he has made for the municipal corporation, produce them for audit and inspection and file them amongst the archives of the municipal corporation.
(3) Such books shall be kept in the form prescribed or approved by the Minister of Municipal Affairs, or in accordance with the system established by the Lieutenant-Governor in Council.
43. The secretary-treasurer shall issue to any person applying therefor, upon payment of the fees determined by the council, copies of, or extracts from, any book, roll, register or other document which forms part of the archives.
44. Within sixty days from the end of any fiscal year of the municipal corporation, the secretary-treasurer shall transmit to the Minister of Municipal Affairs, in duplicate, a return showing, for the preceding calendar year:
(1) the name of the municipal corporation;
(2) the value of the property of the municipal corporation;
(3) the number of persons resident in the municipality;
(4) the number of persons paying taxes;
(5) the amount of taxes and all other sums collected within the year;
(6) the amount of arrears of taxes;
(7) the amount of subsidies and grants received within the year and their source;
(8) the amount raised by loan within the year and the amount of interest due upon such loans; (9) all debts of the municipal corporation;
(10) the expenditures for salaries and other expenses of the municipal corporation and all other expenditures; (11) the amount deposited at interest or invested by the municipal corporation; and (12) any other statement which the Minister of Municipal Affairs may require.
Copy of such return shall be transmitted to the Regional Government.
The latter shall review such return to ensure that the requirements of this article are complied with before the said return is sent to the Minister of Municipal Affairs.
Title III: Municipal elections
Chapter 1 – Electors
45. Every person, commercial partnership or association entered on the electoral list in force and used at the poll and, in the case of a physical person, not affected during the preparation of the electoral list and at the time of voting by any disqualification contemplated by law, shall be entitled to vote at an election.
46. (1) Every physical person of full age and Canadian citizenship shall be entitled to be entered on the electoral list if he has been domiciled or ordinarily resident in the municipality for at least twelve months before the date of the election.
(2) Corporations, commercial partnerships and associations shall also be entered on the electoral list if they have had their head office or principal place of business in the municipality for at least twelve months before the date of the election.
They shall vote through a representative authorized for that purpose by a resolution of the board of directors, a copy whereof shall be filed at the office of the municipal corporation within thirty days from the date of publication of the election notice.
47. The Lieutenant-governor in Council may, for the twelve (12) months following the erection of a new municipality, modify the delay mentioned in paragraphs (1) and (2) of article 46.
Chapter 2 – Elections
Division 1 – Date of elections
48. The general election for mayor or councillors shall be held every two years on the first Wednesday of September.
In the case of a newly formed municipality, the first general election shall be held on the tenth Wednesday following the erection of such municipality.
Division 2 – Election officers and electoral list
49. The secretary-treasurer of the municipality shall be the presiding-officer for any election held under this act. The presiding-officer may appoint a deputy presiding-officer and as many election clerks as he deems fit to assist the presiding-officer in discharging his duties.
In the case of the first general election, the duties and obligations of the presiding-officer, shall be discharged by a person appointed by the majority of the inhabitants in each community in the manner approved by the Minister.
50. The presiding-officer shall prepare the list of electors in the municipality between the first of July and the following first of August, and shall, on the first of August, deposit the electoral list in the office of the municipal corporation for public reference.
During the period extending from the first to the fifteenth of August, the electoral list shall be revised by a board of revision composed of the presiding-officer and two persons entitled to be entered on the electoral list and appointed by him.
51. Any person, commercial partnership or association who believes that his name or that of any other person has been omitted from the list or wrongfully entered thereon may file in the office of the municipal corporation, between the first and the fifteenth of August, application in writing to have the name entered or struck off, as the case may be.
52. The board of revision shall consider the written application, hear the parties concerned and, if it deems necessary, take their evidence on oath.
The board of revision, by its final decision on each application, may confirm and revise the list. Every insertion, erasure from, or correction of the list shall be authenticated by the initials of the presiding-officer.
The electoral list shall come into force as soon as it has been prepared and revised in accordance with this act and shall be kept among the archives of the municipal corporation.
53. No informality in the preparation, completion, revision or putting into force of the list shall invalidate the same unless an actual injustice results therefrom.
Division 3 – Notice of election
54. On the first of July of the year in which the election is held, the presiding-officer shall, by public notice, publish:
(a) the place, day and hour fixed for the nomination of candidates;
(b) the day of the opening of the polls for taking the votes of the electors in case a poll is held; and (c) the appointment of the deputy presiding-officer and of the election clerks.
The election period shall begin on the day of publication of the notice of the election and end, for each candidate for any office, on the day on which the presiding-officer declares the candidate for such office elected.
Division 4 – Nomination of candidates
55. The nomination of candidates for election shall be held on the last Wednesday of August between the hours of one and five o’clock in the afternoon.
56. Five electors qualified to vote and whose names are entered on the electoral list in force in the municipality may nominate a candidate for the office of mayor or councillor.
57. With each nomination paper there shall be filed a declaration by the candidate that he is a Canadian citizen and duly qualified, accompanied by the consent in writing of the person therein nominated.
58. If at the expiration of the delay fixed for the nomination of candidates for mayor or councillor only the number required for any one of the said offices be nominated, such candidates shall ipso facto be elected and the presiding-officer shall forthwith proclaim such candidates elected.
When several persons are nominated for each of the offices of mayor or regional councillor, or more than the number required are nominated for the other offices of councillor, the presiding officer shall announce that a poll will be held.
59. Any candidate nominated may withdraw at any time before the closing of the poll by filing with the presiding officer a declaration to that effect; and any votes cast for the candidate who has so withdrawn shall be null and void; and if after the withdrawal there remained but one candidate for each of the offices of mayor or regional councillor, or only the number required for the other offices of councillor, the presiding-officer shall return as duly elected the candidate so remaining.
60. (1) If at the expiration of the delay prescribed for the nomination of candidates no person has been nominated to fill an office or if the persons nominated are not sufficient in number to fill the offices or if all the persons nominated for any office have withdrawn before the close of the poll, the presiding officer shall immediately recommence the election proceedings to fill the offices for which a poll cannot be so held and give for such purpose the notice prescribed by article 54.
(2) The same shall apply if the nomination of candidates could not be held because the electoral list was not put in force in time, but in such case the presiding officer must see that the election proceedings already commenced are continued if they were validly made.
(3) The presiding-officer shall not recommence these election proceedings more than once. Division 5 – Proceedings between nomination and poll
61. When a poll is necessary, the presiding-officer shall give a public notice thereof, establish a polling station and cause the necessary number of ballot boxes to be made. The ballot paper shall be a paper on which the names of the candidates, together with their syllabic transcription, are alphabetically arranged.
Division 6 – Voting
62. The poll shall be opened at the hour of nine o’clock in the forenoon and kept opened until six o’clock in the afternoon the same day. The council may, by by-law, fix a later hour than six o’clock in the afternoon, but not later than eight o’clock in the same day, for the closing of the poll.
63. In addition to the presiding-officer, the only persons who shall be permitted, during the time that the polling station is open, to remain in the room where the votes are given, shall be: the election officers, the candidates and not more than two duly appointed agents or representatives of the candidates.
64. An elector shall vote by secret ballot once for the election of the mayor, once for the election of the regional councillor and cast for the election of the other councillors as many votes as there are such offices to be filled.
65. The presiding-officer, upon the application of any voter who is unable to read or is incapacitated by any physical cause from voting in the manner prescribed, shall assist such elector by marking his ballot paper in the manner directed by such elector in the presence of the candidates or their agents or representatives.
66. The presiding-officer shall enter in the poll book opposite the name of each elector voting the word “voted” as soon as his ballot paper has been deposited in the ballot box.
67. Every employer on polling day must allow each elector in his employ at least four hours to vote beside the time usually allowed for the midday meal and shall make no deduction from the salary of such elector.
Division 7 – Close of the poll and proceedings thereafter
68. At six o’clock in the afternoon, or at the hour determined by the council under article 62, the poll and the voting shall be closed and the presiding-officer shall open the ballot boxes and proceed to count and draw up the list of the number of votes given for each candidate.
69. (1) As soon as the final result of the poll is known, the presiding-officer shall at once proclaim elected for the office of mayor or regional councillor the candidate who is found to have obtained the greatest number of votes and give public notice thereof.
(2) The presiding-officer shall also proclaim elected for the other offices of councillor the number of candidates required to fill the said offices according to the greatest number of votes obtained by each candidate and he shall give public notice thereof.
(3) In the case of equality of votes, the presiding-officer shall proceed by a public drawing of lots and proclaim elected the person whom the drawing has favoured.
(4) Copy of the public notice shall be inserted in the books of the municipal corporation. Division 8 - Secrecy of voting
70. Every candidate, election officer, agent or representative of a candidate, in attendance at a polling station, shall maintain and aid in maintaining the secrecy of the voting at such polling station; and no such candidate, officer, agent or representative shall, before the poll is closed, communicate to any person any information as to whether any person on the list of electors has or has not applied for a ballot paper or voted at that polling station.
71. No candidate, election officer, agent, representative or other person shall interfere with or attempt to interfere with an elector when marking his ballot paper, or otherwise attempt to obtain at the polling station information as to the candidate for whom any elector at such polling station is about to vote or has voted.
72. No candidate, election officer, agent, representative or other person shall communicate at any time to any person any information obtained at a polling station as to the candidate for whom any elector is about to vote or has voted.
73. Every candidate, election officer, agent or representative of a candidate in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting; and no such candidate, officer, agent or representative shall attempt to obtain at such counting any information or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper.
Division 9 – Miscellaneous
74. No election shall be declared invalid by reason of any want of qualification in the persons signing a nomination paper received by the presiding-officer under the provisions of this chapter.
75. No election shall be declared invalid by reason of non-compliance with the provisions of this chapter as to the taking of the poll or counting of the votes, if it appears to the court having cognizance of the question that the election was conducted in accordance with the principles laid down in this chapter, and that such non compliance or mistake did not affect the result of the election.
No election shall be declared invalid by reason of non-compliance with the provisions of this chapter regarding delays, unless it appears to the court that such non-compliance may have affected the result of the election.
Chapter III – Contested Elections
76. Any election of a mayor or councillor by the electors may be contested by any elector on the ground of violence, corruption, fraud or incapacity or on the ground of non-compliance with the necessary formalities by filing a notice of contestation with the Regional Government.
77. Upon receipt of such notice, the Regional Government shall act as conciliation officer, meet the parties and endeavour to effect an agreement.
The Regional Government shall report to the parties within thirty days of the receipt of the notice or within such further delay as agreed to by the parties.
The parties to the dispute must attend all meetings to which they are called by the Regional Government. If they refuse or neglect to do so, the intervention of the Regional Government shall be deemed to have been unsuccessful.
78. If the intervention of the Regional Government has been unsuccessful, the hearing and decision of such contestation is, to the exclusion of all other tribunals, vested in the Provincial Court having jurisdiction in the territory.
79. Such contestation is brought before the Court by an ordinary action which on pain of nullity must be served upon the interested parties within thirty days from the unsuccessful intervention of the Regional Government.
Chapter IV – Vacancies in Municipal Councils
80. (1) The mayor or any councillor may resign his seat in the council by transmitting his resignation signed by himself to the secretary-treasurer; the term of office of the mayor or councillor shall expire upon the delivery of the writing to the secretary-treasurer who shall transmit it to the council at the next sitting.
(2) The death of the mayor or a councillor shall terminate his term of office.
(3) The term of office of the mayor or councillor shall also terminate if he has failed to attend at least three consecutive regular sittings of the council. The regional councillor shall however not be deemed to have failed to attend a sitting when absent to discharge his duties in the Regional Government.
(4) Whenever the Provincial Court annuls the election of the mayor or councillor or a member of the council loses the eligibility or qualification required by law during his tenure of office, such office shall ipso facto become vacant.
(5) Resignation or disqualification as councillor of the municipal corporation shall carry resignation and disqualification as regional councillor.
81. Subject to the provisions of article 82 when the term of office of a member of the council expires more than six months before the general election fixed by article 48 the council may within fifteen days following the vacancy, elect a person who has the qualifications required by article 14 to fill the office of such member for the remainder of the term. Such election shall be by secret ballot and the secretary-treasurer shall proclaim elected the person who obtains a majority of the votes of the members of the council present. In a case of a tie vote, the mayor must give a casting vote.
82. Proceedings for a new election to fill vacancies in the council shall be taken within eight days if:
(1) The election of mayor and councillors has not taken place within the time prescribed by this act or, the election having taken place, an insufficient number of members of the council has been elected; or
(2) By reason of vacancies, there remains less than a quorum of the members of the council in office; or (3) Seat number 1 (regional councillor) becomes vacant; or
(4) The council has not availed itself of the provisions of article 81.
Such election must be conducted in the same manner, in all respects, as a general election. The secretary treasurer shall not recommence these election proceedings more than once.
83. Whenever the election contemplated by article 82 is not held within the time prescribed by this act, notice thereof shall be forthwith sent to the Regional Government which shall have eight days to make recommendations to the council to fill such vacancies.
If there is no council or if the recommendations of the Regional Government have not been accepted, the Regional Government shall forthwith transmit its recommendations to the Minister of Municipal Affairs.
84. Every member of a council elected or appointed to replace another holds office only for the remainder of the term for which his predecessor had been elected or appointed.
Title IV: Sittings of the council
85. The council sits at the office of the municipal corporation until by resolution it has fixed upon some other place within the limits of the municipality. The sittings of the council shall be public.
In the case of a newly formed municipality, the first sitting of the council shall be held on the second Wednesday following the election, at the hour of eight o’clock in the evening, at the usual place of community meetings.
The sittings of the council are presided over by the mayor or acting mayor or in their absence by one of its members chosen from among the councillors present.
86. The majority of the members of the council shall constitute a quorum for the transaction of business. If there be no quorum, two members of the council, half an hour after it being established that there is no quorum, may adjourn a meeting to a later date.
Notice of such adjournment must be given by the secretary-treasurer to all members of the council who were not present at such adjournment.
87. The council shall meet at least once a month, in general or ordinary session, to dispatch the business of the municipal corporation, and shall hold its sittings on the day and at the hours which it determines by by law. The mayor or half the members of the council may also call a special sitting of the council.
If at any sitting, the business cannot be fully disposed of, the council may adjourn as often as may be deemed necessary for the consideration and disposal of the unfinished business, without its being necessary to give notice of such adjournment to the members present or absent; but no new business shall be brought or considered upon any adjournment of a sitting, unless all the members of the council are present and consent.
88. Notice of convocation to all meetings of the council must be given to each of its members at least twenty four hours before the time fixed for the commencement of the sitting.
89. At a special sitting of the council, only the subjects or matters mentioned in the notice may be taken into consideration except with the unanimous consent of the members of the council if they are all present.
90. Every disputed question is decided by a majority of the votes of the members present except in cases where any by-law or provision of the law requires a greater number of concordant votes. When a vote results in a tie, the decision shall be deemed to be in the negative.
91. No member of the council may vote upon a question in which he has a personal interest distinct from the general interest of the other ratepayers. The council, in case of objection, decides, at the time of the vote, whether such member has or has not a personal interest and such member is not entitled to vote upon the question as to whether he is interested.
Should an interested member of the council give his vote without objection, such vote does not nullify the proceedings of the council with respect to third parties in good faith.
92. If the majority of the members of the council have a personal interest in any question submitted to their decisions, such question must be referred to the Regional Government, which, in respect to the consideration and decision of such question, possesses all the rights and privileges, and is subject to all the obligations of the local council.
93. Every member present at a meeting of the council is bound to vote, unless he is exempted or disbarred therefrom by reason of personal interest.
Every vote must be given orally and, upon demand, the votes are entered in the minute-book of the council. Title V: Municipal notices
94. Every notice is either special or public. Every special notice may be given verbally or in writing; public notices must be in writing.
95. Every special notice given in writing must be either delivered by the person who gives it or posted in the office of the municipal corporation. Every public notice is given by posting a copy of such notice in the office of the municipal corporation.
96. Every notice in writing must be attested by the person who gives it and must contain:
(1) the name of the municipal corporation, when such notice is given by an officer or by a member of the council;
(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; and
(6) the place, day and hour at which those summoned to answer such notice must do so. 97. The original of every notice in writing must be accompanied by a certificate of delivery or posting.
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 municipal corporation to form part of the archives thereof.
98. 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 delivered or posted; (3) the place, day and hour of delivery or posting.
Such certificate is written either on the original notice or on a paper annexed thereto.
99. In the case of a special notice given verbally, the affirmation of the person who gave such notice takes the place of the certificate of delivery or posting; such affirmation is only required in case of contestation and must contain the object of the notice.
100. Any document, order or proceeding of the council must be posted in the same manner as public notices. Title VI: Resolutions
101. Every municipal corporation shall decide and exercise by resolution all acts of administration concerning it which are not incompatible with the provisions of this act. All powers not required to be decided and exercised by by-law shall be exercised and decided by resolution.
Title VII: By-laws of the Council
Chapter I – Formalities Respecting By-laws
Division I – Passing, Publication and Coming into Force of By-laws
102. Every by-law must, on pain of nullity, be preceded by a notice of motion given at a sitting of the council and it must be read and passed only at a subsequent sitting held on a later date.
103. The original of every by-law, to be authentic, must be signed either by the mayor of the municipal corporation or the person presiding at the sitting of the council at the time such by-law was passed and by the secretary-treasurer.
If it was necessary to submit the by-law for one or more approvals before it could come into force, a certificate under the signature of the mayor and of the secretary-treasurer certifying the date and the fact of each of these approvals must accompany and form part of the original of such by-law.
104. Every by-law must be entered at length in a special book entitled “Register of by-laws of the municipal corporation of…”; 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.
105. Except where otherwise provided by law, every by-law of the municipal corporation shall come into effect and have force of law, if not otherwise provided for therein, on the day of the publication thereof.
106. Every by-law is published within thirty days of the passing thereof or of its final approval according to article 103, if it has been submitted for approval, by 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 posted in the ordinary manner.
If the by-law has received one or more approvals, the notice of publication must mention the date and the fact of each of these approvals.
107. Every by-law which comes into force only at some stated period must be published again by posting at least fifteen days before such period.
108. 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 delay for which it was made.
109. No by-law can be repealed or amended except by another by-law. No by-law which, before coming into force and effect, was submitted to one or more approvals can be amended or repealed except by another by law approved in the same manner.
Division 2 – Penalties enacted by by-law and recovery of fines
110. (1) The council may impose by by-law, for every infraction of a by-law, a fine not exceeding three hundred dollars ($300).
(2) Whenever, instead of a fixed penalty, a by-law provides either a maximum and minimum penalty, or a maximum penalty only, the court may, at its discretion, impose, in the first instance, such penalty as it may see fit within the limits of such maximum and such minimum and, in the second instance, such penalty as it may see fit up to the extent of such maximum.
(3) The court convicting an accused for the breach of a by-law may, in addition to any fine it may impose, order that person to refrain from committing any further such offence or cease to carry on any activity specified in the order, the carrying on of which will or is likely to result in the committing of any further such offence. Breach of such order shall constitute an offence punishable by contempt of Court.
111. No penalty can be imposed for the violation of any by-law unless it is fully described and set forth therein.
If the infraction of a by-law continues, such continuation shall constitute a separate offence day by day, save in the case of good faith.
112. Fines imposed by the by-laws of the council shall be recoverable on summary proceeding in accordance with Part I of the Summary Convictions Act.
113. All fines incurred by the same person may be included in the same suit.
114. Every prosecution for the recovery of such fines shall be begun within six months from the date when they are incurred, and cannot be brought thereafter.
Such prosecution may be brought by any person of age, in his own name, regardless of whether he has suffered any special damage, or by the municipal corporation.
115. Fines recovered in virtue of the by-laws of the council or of the provisions of this act shall belong, unless it be otherwise provided, one-half to the prosecutor and the other half to the municipal corporation.
If the prosecution has been brought by the municipal corporation the fine shall belong wholly to it. If the fine be due by the municipal corporation, it shall belong wholly to the prosecutor.
116. Where any by-law of a municipal corporation is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained at the instance of an inhabitant of the municipality by filing a notice of contravention with the Regional Government. The procedure of article 77 shall apply.
If the intervention of the Regional Government has been unsuccessful, the contravention may then be restrained either by action at the instance of such inhabitant against the infringer or my mandamus at the instance of such inhabitant against the municipal corporation to compel it to take proceedings necessary for preventing the violation of such by-law.
Division 3 – Approval and disallowance of By-Laws
117. Unless otherwise provided, approval of the by-laws by the council shall be sufficient.
118. When a by-law is submitted for the approval of the electors, the vote shall be taken by polling pursuant to the provisions governing elections in the municipality so far as they may be applicable.
119. The council or the mayor shall fix the date for the opening of the poll. Such date shall not be later than ninety days from the date of the passing of the by-law by the council.
The secretary-treasurer shall at least fifteen days before the day fixed give public notice calling upon the electors. Only the electors entered on the electoral list in force and used at the last municipal election shall be entitled to vote.
120. The following shall be printed on the ballot papers in lieu of the names of the candidates:
“Are you of the opinion that by-law no. (insert the no. of the by-law) respecting (insert title or object of the by-law) should be adopted?”
The vote on the question submitted shall be given;
(1) if in the affirmative, by marking a cross on the ballot paper in the space where the word “yes” appears; (2) in the negative, by marking a cross on the ballot paper in the space where the word: “no” appears.
121. At the close of the poll the secretary-treasurer shall proceed to count the votes and shall make a list of them counting and separating the yeas and nays. In the event of a tie in the vote, the mayor shall give the casting vote.
Such list shall be certified by the secretary-treasurer and must declare whether the by-law has been approved or disapproved with the necessary particulars. Such list shall be laid before the council at its next sitting.
The poll book and the list of the votes shall be deposited in the archives of the municipal corporation.
122. Whenever it is required that a by-law must, before having force or effect, receive the approval of the Lieutenant-Governor in Council, the Minister of Municipal Affairs or the Québec Municipal Commission, the secretary-treasurer, after such by-law has been approved by the electors, if such approval is required, must forward it to the authority whose approval is required, with certified copies of all documents tending to inform of the fulfilment of the provisions of the law and of the advisability of the passing of such by-law.
123. Neither the Lieutenant-Governor in Council nor the Minister of Municipal Affairs nor the Québec Municipal Commission is obliged to approve of a by-law unless he has satisfied himself of the fulfilment of the formalities required for the passing of such by-law.
For such purpose, they may exact from the council which has passed the by-law submitted to their approval, all the documents and information as they deem necessary for assuring themselves of the usefulness of the by-law or of the provisions of such by-law submitted to their approval.
124. The approval by the Lieutenant-Governor in Council, the Minister of Municipal Affairs or the Québec Municipal Commission of a by-law or other proceedings adopted by a municipal council, in the cases where such approval is prescribed by a provision of this act, has no other effect than that of rendering such by-law or proceeding executory according to the law, and this may be done with the same effect in the form of an authorization. Such approval may be of a part only or qualified.
125. A copy of every by-law passed by the council must be transmitted without delay to the Minister of Municipal Affairs and to the Regional Government.
The Lieutenant-Governor in Council may, within the three months following the receipt of such copy by the Minister of Municipal Affairs, disallow the by-law in whole or in part unless he or the Minister has previously approved it.
Notice of such disallowance shall be published in the Québec Official Gazette and, from the day of such publication, the by-law shall be null and void.
Division 4 – Contestation and quashing of by-laws
126. Any person who is entered on the election roll in force may, by notice of contestation presented in his name, apply and obtain, on the ground of illegality, the quashing of any by-law or part of by-law of the council.
Such notice shall be presented to the Regional Government within three months next after the coming into force of such by-law.
The provisions governing contestation of election in the municipality shall apply to the contestation and quashing of by-laws so far as they may be applicable.
127. The notice of contestation shall set forth in a clear and precise manner the reasons alleged in support of the application and shall be accompanied by a certified copy of the by-law impugned.
128. If the intervention of the Regional Government has been unsuccessful, the contestation and quashing of such by-law shall then be vested in the Superior Court having jurisdiction in the territory, which shall proceed in a summary manner to hear and decide such contestation.
The Superior Court may, by the judgment, quash such by-law in whole or in part, order the service of such judgment at the office of the council interested and cause the same to be published.
Every by-law or part of by-law so quashed shall cease to be in force from the date of the judgment. Chapter II – By-laws within the Jurisdiction of the Council
Division 1 – General Powers
129. The council may make by-laws to secure the peace, order, good government, health, general welfare and improvement of the municipality, provided such by-laws are not contrary to the laws of Canada and of the Province of Québec nor inconsistent with any special provision of this act.
Such by-laws shall not be contrary to the ordinances of the Regional Government in matters of joint competence.
130. The power to make by-laws shall involve, in the case of articles 134, 135, 138, 141, 160, 163 and 164, that of licensing and of requiring permits and certificates and of exacting fees for licences, permits and certificates and of establishing a tariff of fees therefor. The power to regulate shall include, when necessary, the power to prohibit, revoke and suspend.
Such power shall also involve that of appointing officers and inspectors as the council may deem fit for the proper application of such by-laws and of defining their duties.
131. Any municipal corporation may, with the authorization of the Minister, make with any public body, including a municipality, a community, an association and a school board, agreements respecting the exercise of its competence; it may then carry out such agreements and exercise the rights and privileges and fulfill the obligations arising therefrom, even outside its territory.
In the event an agreement were contemplated with the Government of Canada, any body thereof, or any public body mentioned in the preceding paragraph and situated outside of the Province of Québec, prior authorization of the Lieutenant-Governor in Council shall be necessary.
132. The council may, by complying with the provisions of sections 606 and 607 of the Cities and Towns Act and the expropriation procedure established by law,
(a) expropriate any immovable property, any part thereof or any servitude required for the execution of works ordered by it within its jurisdiction;
(b) expropriate the whole or part of any road in the municipality and belonging to persons, firms or private corporations;
(c) expropriate any immoveable property, any part thereof or any servitude it may need for any municipal purpose;
The foregoing provisions of this article shall not be regarded as restricting the right which the council may otherwise have to acquire, by mutual agreement, immoveables for the same purposes.
133. The council may make by-laws to take a census of the inhabitants of the municipality, for the purpose of ascertaining their number, and of obtaining statistics regarding their social and economic condition.
The council may also make by-laws to exact that, in all cases of birth or death, a certificate be deposited in the office of the municipal corporation.
Division 2 – Public security
134. The council may make by-laws :
(1) To authorize the building inspector to visit and examine all moveable and immoveable property, as also the interior or exterior of any house, building or edifice, to ascertain if the by-laws of the council are executed in respect thereof or for the purpose of adopting any measure deemed necessary for public security, and to compel the occupants of such property, buildings and edifices to admit such officers;
(2) To classify, for purposes of regulation, dwellings, commercial and industrial establishments and all other immoveables, including public buildings;
(3) To compel the prior submission of plans for the construction or alteration of buildings and projects for changes of the destination or use of an immoveable or for the moving of a building, to the building inspector for security and sanitary purposes;
(4) To provide that no immoveable newly erected or altered or the destination or use of which has been changed shall be occupied before a certificate is issued by the municipal authority establishing that this immoveable is in conformity with the by-laws of the municipal corporation;
(5) When the construction of a building is not or has not been made in conformity with the by-laws adopted under paragraphs (3) or (4) of this article, a judge of the Superior Court having jurisdiction in the territory, upon motion, may order appropriate modifications or that the building be demolished within such delays as he fixes, and order that on failure so to do within such delay the municipal corporation may effect such modifications or demolition at the expense of the owner of the building;
(6) To decree that no building permit shall be granted unless the land on which a structure is to be erected is adjacent to a public street;
(7) To define what shall constitute abandoned, dilapidated or decayed buildings or structures and regulate the restoration or demolition of same; the reconstruction or restoration of any building or structure shall be carried out in accordance with the by laws in force at the time of such reconstruction or restoration;
(8) To adopt measures to prevent the overcrowding of premises used as lodgings;
(9) To protect the life and property of the inhabitants and prevent accidents such as may be caused by natural catastrophe, fire, mechanical defect or failure, or contamination from noxious substances;
(10) To organize, maintain and regulate a fire department and fire-brigade; to appoint all officers and persons necessary for the extinction and suppression of fires and for the protection of persons and property from fire;
(11) To authorize the demolition of buildings, houses and fences, when deemed necessary to arrest the progress of fire; and to empower the mayor, the chief of the fire-brigade or other officers to exercise this power. If there be no by-law, the mayor may, during a fire, exercise this power by giving special authority;
(12) To regulate blasting, shooting with fire-arms, or arms discharged by means of compressed air or any other system;
(13) To regulate the keeping of animals;
(14) To establish pounds under the supervision and control of the council.
Division 3 – Public health and hygiene
135. The council may make by-laws:
(1) To provide for the inspection of food and other products and their containers, and for the seizure, confiscation and summary destruction of any such products or containers as are unsound, spoiled or unwholesome; to prohibit the bringing into the municipality of such products and the keeping or selling of such products;
(2) To regulate the construction and maintenance of places where foodstuffs are prepared, stored or sold;
(3) To regulate the construction and maintenance of places where fuels and noxious substances are stored or sold;
(4) To ensure the sanitary condition of public and private property and regulate unwholesome undertakings and establishments;
(5) To inspect and regulate ice-houses and cold-storage establishments;
(6) To regulate the location, construction, management and cleansing of storing places for hides and, generally, all places or establishments in which animal matter is dealt with;
(7) To regulate the establishment of cemeteries and burial sites and the burial and disinterment of the dead;
(8) To prevent the pollution of the waters within or adjacent to the municipality and to provide for the cleansing and purification of municipal waters; and to compel the owner or occupant of any building or ground to remove from the premises owned or occupied by him all such offensive substances as the council may direct, and, upon his default, to authorize the removal or destruction thereof at the expense of such owner or occupant;
(9) To regulate the sewerage of the municipality and to maintain and operate a sewage collection and disposal system;
(10) To prevent the throwing or depositing of waste and provide for the collection, removal and disposal of same;
(11) To construct, equip and operate plants for the elimination or recycling of waste and to regulate the use of places as dumps;
(12) To regulate the escapement of smoke, gas and effluents from engines, factories or establishments; (13) To define what shall constitute a nuisance and to regulate the same, including noise.
136. The municipal corporation may cause to be sold at auction, by bailiff of the Superior Court, without any judicial proceedings and after the notices required for the sale of moveables under writ of execution, all moveable effects in its possession which are unclaimed within six months and which have been abandoned or are the proceeds of theft or have been seized or confiscated.
If such property be claimed after the sale, the municipal corporation shall be liable only for the proceeds of the sale, after deducting the cost of the sale and other expenses which it may have incurred. If they cannot be sold because they have no merchantable value or by reason of the illegality of their possession or use, they may be destroyed after publication of similar notices, and if they are claimed after destruction, the municipal corporation shall not be liable for the payment of any indemnity or compensation.
Division 4 – Town planning and land development
137. The council may make by-laws to have plans or maps made of the territory of the municipality, indicating the streets, lanes, public places, municipal waters, houses and buildings and structures. Such plans or maps, when confirmed by the Superior Court having jurisdiction in the territory, on petition presented at least fifteen days after the posting-up of a public notice announcing the making of such plans or maps and the nature of such motion, as well as the day, hour and place of its presentation, shall be binding for a period of five years upon the municipal corporation and all persons;
Before the expiration of such term of five years, the council, by by-law and following the same procedure, may extend for another period of five years, and similarly for successive five-year periods thereafter, the binding nature of such plans or maps;
As soon as completed, a duplicate of each of such plans shall be deposited in the office of the prothonotary of the Superior Court having jurisdiction in the territory and another duplicate in the archives of the municipal corporation. As soon as such plans shall have been confirmed and ratified by the court, the secretary-treasurer of the municipal corporation shall enter on the duplicate kept in the archives of the municipal corporation and on another which he shall then deposit in the registration office for the territory, a note of such confirmation.
138. The council may make by-laws:
(1) To order the making of a master plan of the territory of the municipality, specifying the purposes for which each portion of the territory included in the plan may be used, and to enact that such master plan shall become obligatory;
(2) Subject to the master plan of the municipality, to divide the municipality into zones of such number, shape and area as the council deems suitable for the purpose of such regulation and, with respect to each of such zones, to prescribe the architecture, dimensions, symmetry, alignment and destination of the structures which may be erected therein, the use of any immoveable located therein, the area and dimensions of lots, the proportion of lots which may be occupied by structure, the space which must be left clear between structures and the lines of lots, the space which, on such lots, must be reserved and arranged for the parking of vehicles, and the manner of arranging such space;
Every such by-law must, before coming into force, be approved by the affirmative vote of the majority of the electors whose names appear on the election list in force and used at the last municipal election;
(3) To regulate the carrying on of trades and industries of all kinds within the municipality. Division 5 – Public Services
Subdivision 1 – Water supply
139. The council may make by-laws to provide for the establishment or acquiring, maintenance, management and regulation of reservoirs and water delivery systems to supply water to the municipality, and to install apparatus for filtering and purifying water.
Such powers shall not be exercised without the prior authorization of the Water Board when there is in the municipality a public waterworks service authorized by such board.
140. The council may, by by-law, in order to meet the interest on the sums expended in the construction and maintenance of reservoirs and water delivery systems, impose an annual tax at a rate to be fixed by it.
141. The council may make by-laws:
(1) To prohibit any occupant of a house or building supplied with water from furnishing such water to others, or from using it otherwise than for his own use, or from wasting it;
(2) To prescribe the size, quality, strength, and location of water-closets, baths, and other similar apparatus;
(3) To prevent the pollution of the water in the reservoirs and the practising of frauds upon the municipal corporation with regard to the supply of water;
(4) To establish the rate for water and provide for payment thereof; to supply meters for buildings or establishments, for measuring the quantity of water used therein and fix the amount to be paid for the rent of meters;
(5) To provide for any other matter or thing of any nature or kind whatsoever, having reference to water delivery systems, which it may be necessary to regulate or determine for their proper working.
142. The municipal corporation may make a special agreement with consumers for the supply of water in special cases, where it is considered that there is more than the ordinary consumption of water.
143. The compensation for water services, as well as all other taxes due for water or for meters, shall be levied according to the rules and in the manner prescribed by the council.
144. As soon as the municipal corporation is ready to furnish water to any part of the municipality not already supplied, public notice thereof shall be given; and, after such notice, all persons liable to the payment of compensation for water services in such part of the municipality, whether they consent or not to receive the water, shall pay the rates fixed by the tariff.
145. If any person causes or allows any apparatus to be out of repair, or to be so used that the water supplied from the water delivery system be wasted, or unduly consumed; or if he refuses or neglects to pay the rate lawfully imposed for the water supplied to him, for thirty days after the same is due and payable, the municipal corporation may discontinue the supply so long as the person is in default; which shall not, however, exempt such person from the payment of such rate, as if the water had been supplied to him without interruption.
146. The officers appointed for the management of water delivery systems may enter into any house or building, or upon any property whether situated within or without the municipality, for the purpose of satisfying themselves that the water is not wasted and that the by-laws relative to water are faithfully carried out.
The owners or occupants of any such house, building or property shall allow the officers to make such visit or examination. The supply of water may be discontinued to any person refusing to admit the officers, so long as such refusal continues.
147. The municipal corporation shall not be bound to warrant the quantity of water to be supplied; and no person may refuse, on account of the insufficiency of the water-supply, to pay the compensation for the use of the water.
148. The council may also make special agreements for the supply of water beyond the municipality, provided that the persons with whom such agreements are made comply with the by-laws respecting the management of the water delivery system.
149. The council may, by by-law, transfer its rights and powers, respecting the water-supply, to any person willing to undertake the same, provided that such person does not exact, for the use of the water, rates higher than those approved or determined by by-law of the council.
Subdivision 2 – Lighting
150. The council may make by-laws providing for the lighting of the municipality by means of electric or other light furnished by any person, and the municipal corporation may become a party to any contract to that effect.
151. The council shall have all the necessary powers for the establishment and management of a system of lighting by electricity or otherwise, for the requirements of the public and of private individuals or companies desiring to light their houses, buildings or establishments.
152. At the expiration of the term mentioned in any contract entered into between the council and any public utility company, respecting the supplying of electricity for light, heat and power by such company to the municipality which itself distributes same to its ratepayers, the Electricity and Gas Board, on petition to that effect, may order that the contract be extended or renewed on such other or similar terms, prices and conditions as it may determine.
153. The council may by by-law impose a tax in order to meet the interest on the sums expended in introducing a system of lighting.
154. The council may make by-laws :
(1) If the lighting system belongs to the municipal corporation;
(a) To determine, in addition to the tax mentioned in article 153, the compensation to be paid for light and for the rent of meters, and for supplying meters to measure the quantity of light consumed;
(b) To prevent fraud in connection with the quantity of light supplied;
(c) To protect the wires, pipes, lamps, apparatus and other articles serving for the distribution of light;
(2) If the lighting system belongs to the municipal corporation or to others, - to impose penalties against persons extinguishing the lamps without authority.
155. The tax imposed under articles 153 and 154 shall be levied according to the rules and in the manner prescribed by the council.
156. Any citizen may accept or refuse to use the light supplied by the municipal corporation in any building, house or establishment controlled by him.
157. The officers appointed to manage the lighting system of the municipal corporation may enter any building, house or establishment, and upon any property, for the purpose of ascertaining whether the by-laws respecting lighting are faithfully observed.
The owners or occupants of all such buildings, houses, establishments or properties shall allow such officers to enter and make such inspection or examination.
158. The owners or occupants of houses, buildings or lands in the municipality shall, whether the lighting system belongs to the municipal corporation or to others, permit the pipes, wires, lamps and posts necessary for the lighting for public purposes to be placed on their houses, buildings or lands, subject to the payment of actual damages, if any be occasioned thereby.
159. Nothing in this subdivision shall be construed as subjecting Hydro-Québec or its successors to any additional jurisdiction or control than that found in the Hydro-Québec Act or other laws of general application.
Subdivision 3 – Heating and power
160. The council shall have all the powers necessary for the establishment and administration of any system of heating and power development by means of electricity or otherwise for the use of the public, or of private persons or corporations desiring to make use thereof in their houses, buildings or establishments; and articles 150 to 159 shall apply, mutatis mutandis, to this article.
Subdivision 4 – Municipal roads
161. The council may make by-laws
(1) Subject to the master plan of the municipality, to order the opening, closing, widening, extension, changing, improvement, maintaining or regulation of streets and roads and to regulate the locating, constructing and maintaining of sidewalks and bridges; however, the by-law ordering the closing of streets must provide for an indemnity, if there be occasion therefor, and shall be subject to the approval of the Québec Municipal Commission before coming into force;
(2) To give names to, or change the names of, streets, lanes or public places and regulate the numbering of houses and building;
(3) To prescribe the measures necessary to prevent accidents in winter from the accumulation of snow or ice on the sidewalks and the roofs of houses and other buildings, - every person obliged by by-law to care for any sidewalk or roof, shall be responsible towards the municipal corporation for damages resulting from his neglect to fulfil his obligations in this respect, and may be called in warranty in any case instituted against the municipal corporation for damages.
162. The municipal corporation shall be responsible in damages for the bad state of streets, roads, sidewalks, bridges, public places and municipal watercourses.
Subdivision 5 – Traffic and transportation
163. The council may make by-laws
(1) To establish and regulate public transportation services and facilities;
(2) To regulate the use and speed of bicycles, motor boats and motor vehicles;
(3) To regulate the transportation of noxious and other dangerous substances;
(4) To regulate the use of noisy vehicles;
(5) To authorize the diversion of traffic in the streets of the municipality for the performance of work thereon and for any other reason of necessity or emergency;
(6) To prescribe, maintain and regulate passageways for, and the use of all-terrain vehicles, vehicles not following roads, and hovercraft in accordance with any provincial regulations governing such vehicles;
(7) To establish, maintain and regulate parking places or buildings for vehicles;
(8) To establish and maintain ground for the parking of trailers and mobile homes and to prohibit the parking and use of trailers, mobiles homes or other vehicles as dwellings or commercial establishments outside such grounds;
(9) To establish and maintain aerodromes or take-off and landing fields for aeroplanes or airships; and
(10) To establish and maintain harbours, wharves, dry-docks and other landing places for ships, boats and other watercraft.
Division 6 – Recreation and culture
164. The council may make by-laws
(1) To establish, equip, maintain and improve recreational centres, playgrounds and parks;
(2) To establish and maintain public baths, privies and lavatories; to regulate marinas in the waters comprised within its jurisdiction; and to regulate public or private swimming pools or areas;
(3) To establish and administer a system of community radio and television aerials for the needs of those wishing to make use thereof; to regulate the installation, maintenance, number and height of television and radio aerials; the council, however, shall not acquire by expropriation the existing systems in the municipality; and
(4) To establish and maintain free public libraries, library associations, mechanics institutes, reading-rooms and public museums, exhibitions and fairs for historical, literary, artistic or scientific purposes.
Title VIII: Public works of the corporation
165. All public works of the municipal corporation are performed at the expense of the municipal corporation which orders them by contract awarded and passed according to the rules set forth in this title.
166. (1) Unless it involves an expenditure of less than $10,000. no contract for the execution of municipal works or the supply of equipment or materials shall be awarded except after a call for public tenders specifying the work to be performed;
(2) The delay for the receipt of tenders shall not be less than fifteen days;
(3) Tenders shall not be called for, nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a) for a fixed prices;
(b) at unit prices;
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders;
(5) All those who have tendered may be present at the opening of the tenders;
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders;
(7) The council shall not be obliged to accept either the lowest or any other tender;
(8) The council shall not, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay;
(9) The contract shall be awarded by resolution.
167. No contract is valid or binding upon the municipal corporation unless the by-law authorizing the work has provided for the appropriation of the moneys required for paying the costs of same.
168. The contract is made in the name of the municipal corporation and accepted by the mayor or by a member of the council specially authorized for that purpose.
169. The person to whom such work is awarded must give security to the satisfaction of the council for the due performance thereof and for the payment of all damages, interests and costs.
Title IX: Municipal finances
Chapter 1 – General provisions
170. The fiscal year of the municipal corporation shall begin on the first of January and end on the thirty-first of December of each year and the taxes and yearly assessments shall be payable at the dates determined by the council.
171. Between the first and the thirty-first of July of each year, the council shall prepare and adopt its budget for the next fiscal year and maintain a balance between the revenues and expenditures provided for therein.
Such budget shall be transmitted to the Minister of Municipal Affairs and to the Regional Government in the month of August of the year in which it was prepared.
Upon sufficient proof that the council has in fact been unable to prepare, adopt or transmit such budget within the prescribed delay, the Minister of Municipal Affairs may grant any additional delay that he may determine for such purpose.
172. All fees, licences, fines, revenues, taxes, subsidies and grants accruing or belonging to or received by the municipal corporation shall be paid to and received by the secretary-treasurer alone or by the officer designated by him for that purpose; and no other officer shall, under any pretext, receive them unless specially authorized by the council so to do.
173. (1) All sums of money not especially appropriated shall form part of the general fund of the municipal corporation.
(2) Any subsidy or grant made to a municipal corporation and not specially appropriated by the by-law ordering the works or the expenditures may be paid in whole or in part to the general fund of the municipal corporation;
(3) Saving the case provided in section 7 of the Municipal and School Debt and Loans Act, whenever the municipal corporation has collected a sum exceeding the sum required for the purposes for which such sum was raised, the surplus shall belong to the municipal corporation and fall into the general fund thereof;
(4) All sums of money forming part of the general fund of the municipal corporation may be employed for any purpose within the jurisdiction of the council.
174. The council may make such by-laws as it may deem expedient for the management and administration of its finances, and determine by whom and subject to what formalities payments out of the funds of the municipal corporation shall be made.
175. Every municipal corporation may deposit at interest in a Canadian chartered bank, or invest in the public funds of Canada or the Province of Québec, or loan on first hypothec, any moneys belonging to it.
Chapter II – Taxes and licenses
176. The council may impose and levy annually:
(1) On the stock in trade or articles of commerce of all descriptions kept by merchants and dealers and exposed for sale in shops, or kept in vaults, warehouses or store-houses; on all yards or depots for rough, sawn or manufactured wood or lumber; and on all yards or depots for coal or other articles of commerce kept for sale, a tax of not more than one percent of the estimated average value of such stock in trade or other articles of commerce;
(2) On all tenants paying rent in the municipality, an annual tax of not more than eight cents in the dollar on the amount of their rent;
Every person, occupying property or part of any property of which he is neither the owner nor the lessee, shall be liable for the payment of such tax.
177. In addition to the taxes provided for in article 176 the council may establish, impose and levy certain annual dues or taxes on all trades, manufactures, financial or commercial establishments, occupations, arts, professions, callings or means of earning a profit or a livelihood, carried on or followed by one or more persons, firms or corporations in the municipality, provided that such duties or taxes do not exceed in any case the sum of three hundred dollars per annum. Such dues or taxes may be different for persons who have not resided in the municipality for twelve months from those for persons who reside therein, provided that such dues and taxes imposed on non-residents and on those who have resided in the municipality for less than twelve months, shall not exceed the others by more than fifty percent.
The tax imposed in virtue of the preceding paragraph shall be payable for every business establishment, and for every kind of business or occupation, when carried on by the same person, firm or company in two or more distinct and separate buildings or places of business.
178. Every tax imposed under article 176 may, in the discretion of the council, be imposed and levied in the form of a licence; and, thereupon, such tax shall be payable annually at such time and under such conditions and restrictions as the council may determine.
Although the by-law of the council ordering the imposition and levying of certain duties and taxes in the form of a licence may impose a fine, for failure to pay such duties or taxes, the council may, at its option, instead of imposing the fine, sue for the recovery of the said duties or taxes, whether a licence be issued or not, and whether the name of the person liable for the duties or taxes be entered or not on the collection roll.
179. Notwithstanding the provisions of article 177 the council may impose and levy an annual licence or permit not exceeding three hundred dollars on merchants doing business in the municipality and who do not reside therein or who are residents therein for less than three months and whose names are not entered on the collection roll, but who are temporarily occupying premises without however being obliged to impose a tax or permit on those resident therein for more than three months.
180. In order to pay its aliquot share of the expenses or of part of the expenses of the Regional Government required by the Regional Government under article 145 of Schedule 2 of Section 13 of the Agreement, the municipal corporation may impose and levy a tax in the manner prescribed by the Minister.
181. Every tax imposed by virtue of the foregoing provisions shall be payable annually at the time fixed by the by-laws.
The council may pass such by-laws as may be necessary to enforce the collection of any tax imposed in virtue of this act.
182. The Council may, by resolution, whenever it sees fit, instruct the secretary-treasurer to add to the amount of any taxes to be levied in the municipality, the sum of not more than 10% to cover losses, costs and bad debts.
183. Taxes shall bear interest at the rate of 5% per annum or at such lower or higher rate of interest enacted by by-law of the council, from maturity, without necessity of a special demand for payment.
Neither the council nor its officers may remit any taxes or interest thereon. The council may however, by resolution, exempt the poor of the municipality from the payment of taxes.
The council may also, by resolution, grant a discount not exceeding 5% to every ratepayer who pays his taxes before they are due.
184. Arrears of municipal taxes shall be prescribed by three years.
185. The secretary-treasurer shall make a general collection roll each year, at the time fixed by the council, including all taxes then imposed, mentioning them separately.
He shall also make a special collection roll whenever any tax has been imposed after the making of the general collection roll, or whenever he is ordered so to do by the council. Such special roll shall exist as a separate roll only until the date fixed by the council for the preparation of the new general roll and it must then be included in the new general roll which the secretary-treasurer shall prepare.
186. The collection roll shall not be completed until the budget of the municipal corporation has been adopted and transmitted to the Minister of Municipal Affairs and to the Regional Government.
187. Within sixty days following the day on which the roll was completed, the secretary-treasurer shall transmit to every person entered on such roll, a demand for payment of the taxes. Such taxes shall be payable within thirty days following such demand for payment.
188. The payment of municipal taxes may be claimed by an action brought in the name of the municipal corporation before the court having jurisdiction in the territory.
Chapter III – Loans
189. The Québec Municipal Commission may authorize a municipal corporation upon application made to it by a mere resolution of the council, to contract one or more loans upon the conditions and for the period which the Commission determines.
The conditions so determined by the Commission shall govern such loans notwithstanding any contrary or incompatible provisions of a general or special act limiting the amount of loans and determining the period for their reimbursement.
The provisions of this section shall apply to every loan contracted by a municipal corporation. Chapter IV – Audit of municipal finances
190. (1) The council, at its first sitting in the month of December, shall appoint for the fiscal year ending on the ensuing thirty-first of December, one or more auditors for the auditing of the accounts of the municipal corporation.
(2) Such auditors may be individuals, members of a partnership or appointees of the Regional Government and may entrust the work to their employees, but then the responsibility of the auditors shall be the same as if such work had been entirely performed by such latter.
(3) They shall make a report of their examination to the council within sixty days after the expiration of the fiscal year.
(4) A copy of such report, certified by the secretary-treasurer, must be sent forthwith by the secretary-treasurer to the Minister of Municipal Affairs and to the Regional Government.
(5) The council may order any other examination it may deem necessary and call for a report.
191. Any surplus or deficit for a fiscal year shall be entered in the revenues or expenses of the budget for the ensuing fiscal year according to the report of the auditors.
192. (1) At any time of the year, if so required in writing by at least five electors, the council shall also order a special audit of the accounts of the municipal corporation for one or more of the last five years, provided that no such audit has already been made for the same years under this article.
(2) The costs of such audit shall be payable by the responsible officer of the municipal corporation, if he has been guilty of embezzlement or if, having been found short in his accounts, he fails to repay the balance within the delay fixed by the last paragraph; otherwise the costs shall be payable by the persons who demanded the audit, unless the audit is of advantage to the municipal corporation.
(3) The demand for an audit under this article must be accompanied by a deposit of one hundred dollars, which shall be returned to the petitioners if the costs of the audit are not charged to them.
(4) Any auditor appointed for such purposes may be an individual or a partnership, and may entrust the work to his or its employees, but then the responsibility of such auditor shall be the same as if such work had been entirely performed by the auditor himself.
(5) Within thirty days after the service upon him of a copy of the report of the audit, the defaulting officer of the municipal corporation must pay the amount of the balance which he has been found to owe, as well as the costs of the audit.
193. All actions or claims against the secretary-treasurer resulting from his administration are prescribed by five years from the day on which the shortage of his account is reported by the auditor to the council.
194. The provisions of this chapter shall nowise affect the recourse of the municipal corporation under the security given by the secretary-treasurer.
Title X Proceedings against municipal corporations
195. When any suit or action is commenced against the municipal corporation, service therein shall be made upon the secretary-treasurer of the municipal corporation at his office or domicile.
196. Any provisions of law to the contrary notwithstanding, no judgment rendered against the municipal corporation for a pecuniary condemnation only shall be executory before the expiration of thirty days after the date thereof.
197. Whenever a copy of a judgment condemning the municipal corporation to pay a sum of money has been served at the office of the council, the secretary-treasurer shall forthwith, upon being authorized by the council or by the mayor, pay the amount thereof out of the funds at his disposal according to the provisions of article 173.
198. The Court which rendered the judgement may, on petition, grant to the council any delay which it deems necessary to levy the moneys required.
Title XI: General provisions
199. The amounts or percentages mentioned in articles 29 (1) and (2), 110 (1), 176, 177, 179, 182, 183 and 192 (3) may be increased and those mentioned in article 166 (1) may be reduced by proclamation of the Lieutenant-Governor in council.
200. The provisions of the Cities and Towns Act respecting the valuation roll, the imposition and collection of real estate taxes, including procedures related thereto and the provisions of the Real Estate Assessment Act shall come into force in a municipality upon receipt by the Minister of a resolution of the council to proceed to the imposition of such real estate taxes.
201. The laws of Québec, including the Cities and Towns Act but excluding the Municipal Code, shall apply within the territory insofar as they are applicable and not derogated from by the provisions of this Act.
202. This Act shall come into force on a date to be fixed by proclamation of the Lieutenant-Governor in Council.
JBNQA, Sch. 2
A. corr.
SECTION 13
Regional Government North of the 55th Parallel
13.0.1 Québec undertakes to submit to the National Assembly, upon the coming into force of the Agreement, bills incorporating the provisions of Schedules 1 and 2 of this Section.
13.0.2 Nothing in this Section shall be interpreted as dispensing the Regional Government from having to obtain any permits, licences or authorizations required by law.
13.0.3 The provisions of this Section can only be amended with the consent of Québec and the interested Native party.
Legislation enacted to give effect to the provisions of this Section may be amended from time to time by the National Assembly of Québec.
13.0.4 Schedules 1 and 2 of this Section shall not form part of the legislation to be submitted to Parliament and to the National Assembly for the purpose of giving effect to the Agreement.
Annex 1
1. A Regional Government shall be established by Québec with respect to the municipalities and areas not erected into municipalities within the limit of the Province of Québec north of the 55th parallel of latitude, except Category IA Lands and IB Lands of the Crees of Great Whale River.
JBNQA, Sch. 1
A. corr.
Annex 2
Act respecting certain Municipalities and the Regional Government of Northern Québec 1. This act may be cited as the Kativik Act (Part II)
Preliminary Title
Declaratory and interpretative provisions
2. In this act, unless the context indicates or declares otherwise, the following expressions, terms and words shall have the following meaning :
(1) the word “by-law” means an enactment of the council of a municipal corporation or of the Regional Government acting as a municipal corporation under article 14 of this Schedule;
(2) The word “council” means the council of the Regional Government;
(3) The expression “executive committee” means the executive committee of the Regional Government;
(4) the word “meeting” or “sitting”, used alone, means regular meeting or sitting, or a general meeting or sitting, or a special meeting or sitting of the executive committee or council of the Regional Government, as the case may be;
(5) the word “Minister” means the Minister of Municipal Affairs;
(6) the expression “municipal services” means water, sewage, fire protection, recreation, cultural activities, roads, garbage removal and disposal, lighting, heating, power and snow removal services supplied by a municipal corporation;
(7) the word “municipality” means a territory erected for the purpose of municipal administration;
(8) the expression “officer or employee of the Regional Government” means any officer or employee of the Regional Government, with the exception of the regional councillor;
(9) the word “ordinance” means an enactment of the Regional Government which shall apply within the municipalities, save where expressly provided otherwise;
(10) the expression “regional councillor” means the councillor elected to represent the municipal corporation in the Regional Government;
(11) the word “territory” means the entire area within the limits of the Province of Québec north of the 55th parallel of latitude except Category IA Lands and IB Lands of the Crees of Great Whale.
3. For the purposes of this act, the population of the territory shall be that shown in the last census recognized as valid for such purposes by an order of the Lieutenant-Governor in Council published in the Québec Official Gazette.
The Lieutenant-Governor in Council may authorize the Regional Government to undertake the required census.
4. Error or insufficiency in the designation of the Regional Government in any document executed by the council, the executive committee, their officers or any other person, or in the declaration of the quality of such officer or person, provided no surprise or injustice result therefrom, shall not render such act null.
5. No suit, defence or exception, founded upon the omission of any formality, even imperative, in any act of the council, the executive committee or of an officer of the Regional Government, shall prevail, unless the omission has caused actual prejudice or it be of a formality whose omission, according to the provisions of the law, would render null the proceeding from which it was omitted.
6. When an oath is required, it is taken before any person authorized by law to administer it.
7. Whenever any deposition or information is required to be given under oath, on behalf of the Regional Government, such deposition or information may be given by any regional councillor or officer of the Regional Government authorized for such purposes.
8. The language of communication of the Regional Government shall be in accordance with the laws of general application in Québec; in addition, every person may address the Regional Government in Inuttituut and the Regional Government shall ensure that such person can obtain available services from and can communicate with it in Inuttituut; and in the sittings of the council, whoever has a right to be heard may use Inuttituut at his option.
The council shall have the right to make copies of the books, records, notices and proceedings of the Regional Government in Inuttituut.
Title I – Constitution and Jurisdiction of the Regional Government
9. The inhabitants of the municipalities in the territory and their successors, and the municipalities themselves, whether erected under this act or any general law or special act, shall be a public corporation under the name of “Kativik Regional Government”.
10. The Regional Government shall be a corporation within the meaning of the Civil Code; it shall have the general powers of such a corporation and such special powers as are assigned to it by this act.
11. The corporate seat of the Regional Government shall be within the territory, at such place as it shall determine by ordinance, a notice of which shall be published in the Québec Official Gazette; it may also in the same manner transfer such corporate seat to any other place within the territory.
12. The powers of the Regional Government shall be exercised by the council, except as regards those matters which are declared to be within the jurisdiction of the executive committee.
13. The Regional Government shall have jurisdiction over the whole of the Territory and its orders shall be obligatory for all persons subject to its jurisdiction.
14. (1) Any territory not erected into a municipality is, until erected into a municipality or annexed to an adjoining municipality, administered and governed by the Regional Government and its officers, with the same privileges, rights and obligations as if the Regional Government and its officers were the municipal corporation and officers of such Territory within the meaning of Schedule 2 of Section 12 of the Agreement.
(2) The inhabitants and ratepayers of such territory so governed by the Regional Government and its officers are alone subject to all obligations arising either from the law or from the municipal enactments in force therein, in the same manner as if such territory was organized into a municipal corporation.
(3) Unless already subject to the approval of the Québec Municipal Commission, any by-law passed by the Regional Government under this article shall come into force upon approval by the Minister of Municipal Affairs. The Minister shall communicate his decision to the Regional Government as soon as is reasonably possible.
Title II – Administration of the Regional Government
15. Subject to the provisions of article 14 of Schedule 2 of Section 12 of the Agreement, the following persons shall not be nominated for, elected or appointed to the council of the Regional Government :
(1) Any person who has, directly or indirectly, by himself or his partners, any contract with the Regional Government unless the description of all such contract has been publicly posted in the offices of the Regional Government and of all municipal corporations at the time of his nomination, election or appointment and remains so posted, with all additions or deletions, if any, at all times during his tenure of office. Acceptance of or application for services available to ratepayers according to a fixed tariff shall not be deemed to be a contract with the Regional Government.
Nevertheless, a shareholder in any incorporated company which has any contract or agreement with the Regional Government or which receives any grant or subsidy therefrom shall not be disqualified from holding office; but he shall be deemed to be interested if any discussion should arise before the council or the executive committee with reference to any measure relating to such company, save when such company is the Inuit Development Corporation or the local Inuit Community Corporations to be formed or one of their subsidiaries in which case he shall only be deemed to be interested if he is an officer or director of such corporations;
(2) Whenever the office of regional councillor is in question,
(a) any persons who are responsible for moneys belonging to the Regional Government, or (b) who are sureties for any employee of the Regional Government or
(c) who receive any pecuniary allowance or other consideration from the Regional Government for their services, otherwise than under a legislative provision, save, in the case of (c), when a description of the pecuniary allowance or other consideration has been publicly posted in the office of the Regional Government and of all municipal corporations at the time of his nomination, election or appointment and remains so posted, with all additions and deletions, if any, at all times during his tenure of office.
16. No person may act as a regional councillor nor hold any office in the Regional Government unless he is eligible and possesses at all times the qualifications required by law. Disqualification as regional councillor shall carry disqualification as councillor of the municipal corporation.
Chapter 1 : Council of the Regional Government
Division 1 : General Provisions
17. Subject to those matters which are declared to be within the jurisdiction of its executive committee, the Regional Government shall be represented and its affairs administered by its council. Such council shall be known and styled by the name of : “The council of the Kativik Regional Government”.
18. The council must directly exercise the powers conferred upon it by this act; it cannot delegate them.
Nevertheless, the council may appoint committees composed of as many of its members as it deems advisable, with power to examine and study any question. In such case the committees must render account by report but no report of a committee has any effect until it has been adopted by the council at a regular sitting.
19. Ordinances, by-laws, resolutions and other enactments of the Regional Government must be passed by the council in session.
20. No vote given by a person illegally holding office in the Regional Government 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.
Division 2 : Composition
21. Each municipality shall be represented by one regional councillor to the Regional Government.
22. Any regional councillor may resign his seat in the council by transmitting his resignation signed by himself to the secretary; the term of office of the regional councillor shall expire upon the delivery of such resignation in writing to the secretary who shall transmit it to the council at the next sitting. Resignation as regional councillor shall carry resignation as councillor of the municipal corporation.
23. The regional councillors who are appointed members of the executive committee shall retain their seats on the council and shall be entitled to vote on any motion, matter or report submitted to the council.
24. Within the first fifteen days of his term of office, the regional councillor shall inform the secretary in writing of the address at which all official communications of the Regional Government are to be sent to him. He may in the same manner change such address.
25. A speaker and deputy-speaker of the council shall be appointed from among the regional councillors by resolution of the council. They shall hold office for the duration of their term as regional councillors, but if they cease to be members of the council before the expiry of such term, their tenure of office as speaker or deputy-speaker shall end on the date when they cease to be members of the council.
26. If the speaker or deputy-speaker of the council resigns, the resignation shall take effect upon the date on which the secretary of the Regional Government receives a written notice to that effect, signed by the person resigning.
Any vacancy must be filled within thirty days of the date when it occurs.
27. the Lieutenant-Governor in Council shall fix the remuneration of members of the council.
28. (1) The council may authorize the payment of the expenses actually incurred by one of its members on behalf of the Regional Government provided that such expenses have been approved by such council.
(2) Such amount as is fixed by ordinance of the Regional Government shall be deducted from the salary of any member of the council for each day on which the council sits, if such member of the council does not attend such sitting, unless his absence is due to it being impossible in fact for such member to attend such sitting.
(3) At the request of one of its members who has absented himself from a sitting, it shall be the duty of the council to decide finally whether it was in fact impossible for such member to attend such sitting. Such request must be made at the next sitting which such member of the council attends, whether such sitting is regular or special and whether or not such item appears on the agenda paper for such sitting.
29. The speaker and the deputy-speaker of the council shall be entitled to the additional remuneration fixed by the Lieutenant-Governor in Council and paid by the Regional Government.
Division 3 : Meetings of the Council
30. The council sits at the office of the Regional Government unless it has fixed by resolution upon some other place within the limits of the territory. The sittings of the council shall be public.
The first general sitting of the council shall be held on the fourth Wednesday following the election of the regional councillors at the hour of nine o’clock in the forenoon at the usual place for community meetings in Quartaq (Koartac).
31. The speaker of the council shall preside over the meetings of the council. He shall maintain order and decorum during the sittings of the council; he may cause to be expelled from a sitting of the council any person who disturbs order there.
The deputy-speaker of the council shall exercise all the powers of the speaker of the council, if such speaker is absent or refuses or is unable to act.
32. The majority of the regional councillors shall constitute a quorum for the transaction of business. If there be no quorum, two councillors, half an hour after it being established that there is no quorum, may adjourn a meeting to a later date.
Notice of such adjournment must be given by the secretary to all regional councillors who were not present at such adjournment.
33. Regular meetings of the council shall be held at least once every three months. The date of each of such meetings shall be fixed by the council and the notice of convocation shall mention that it is for a regular meeting.
At all the regular meetings of the council, the heads of departments and the executive committee shall report to the council on the matters within their respective competence.
34. The agenda paper for each regular meeting of the council must be prepared by the secretary.
35. The special meetings of the council shall be called by the secretary upon the request of the chairperson of the executive committee or of the executive committee itself, or upon the written application of not less than four members of the council; the notice of convocation shall be in lieu of the agenda.
At a special meeting of the council, and at any adjournment of such meeting, only the business specified in the notice of convocation shall be considered.
36. Notice of convocation and of the agenda for every regular meeting must be given by the secretary to each member of the council, at least fifteen days before the meeting.
37. Whenever, at a special or regular meeting, the business submitted could not be entirely disposed of on the first day, the council must adjourn to a subsequent date.
38. The decisions of the council shall be taken by majority vote.
Each member of the council shall have one vote and one additional vote if he represents more than 500 inhabitants according to the last official census.
The speaker must vote as a member of the council, but he shall not have a casting-vote. In the case of a tie in the vote, the question shall be resolved in the negative.
39. Every member present at a meeting of the council is bound to vote, unless he is exempted or disbarred therefrom by reason of personal interest.
40. Every vote must be given orally and, upon demand, the votes are entered in the minute book of the council.
No member of the council shall vote on any matter in which he has a direct pecuniary interest either through himself or through a partner; the acceptance of or requisition for services made available to the public according to an established tariff shall not be deemed a direct pecuniary interest.
In case of dispute, the council shall decide whether the member has a personal interest in the matter, and such member shall not vote on the matter of his interest.
Should an interested member of the council give his vote without objection, such vote does not nullify the proceedings of the council with respect to third parties in good faith.
41. If the majority of the members of the council have a personal interest in any question submitted to their decisions, such question must be referred to the Lieutenant-Governor in Council, 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 Regional Government.
42. The minutes of the proceedings of the council shall be kept and entered in a book kept for such purpose by the secretary; they shall be signed by the member who presided over the meeting and by the secretary; they shall be open to the inspection of all interested persons who wish to examine them.
Chapter 2 : Executive Committee of the Regional Government
Division 1 : Composition
43. The executive committee shall consist of five members appointed by resolution of the council from among the regional councillors, including a chairperson and a vice-chairperson designated as such by the council.
44. The offices of speaker and deputy-speaker of the council shall be incompatible with those of chairperson and vice-chairperson of the executive committee.
45. The members of the executive committee shall hold office for the duration of their term as regional councillors, but if they cease to be members of the council before the expiry of such term, their tenure of office as members of the executive committee shall end on the date when they cease to be members of the council.
In the case of the resignation of a member of the executive committee, the resignation shall take effect upon the date of receipt by the secretary of a written notice to such effect, signed by the person resigning.
46. Any vacancy on the executive committee shall be filled by resolution of the council within thirty days of the date on which it occurs.
47. The chairperson must devote all his time to the service of the Regional Government and shall not have any other remunerative employment or occupation or hold any other public office, except as member of the local council of the municipal corporation which he represents.
48. The chairperson and the vice-chairperson of the executive committee and the other members of such committee shall be entitled to the remuneration and pension fixed by the Lieutenant-Governor in Council. However, such remuneration and pension shall be paid by the Regional Government.
The executive committee may authorize the payment of the expenses actually incurred by one of its members on behalf of the executive committee provided they have been authorized by such committee.
The provisions of article 28 shall apply, mutatis mutandis, to the members of the executive committee. Division 2 : Functions
49. The executive committee shall be responsible for the management of the affairs of the Regional Government. It shall see that the law, the ordinances, the by-laws, the resolutions and decisions of the council and contracts are complied with and carried out.
For such purposes, it may of its own motion take all such steps as it deems expedient and give appropriate instructions to the officers of the Regional Government; the executive committee may require directly of any officer of the Regional Government any information that it needs.
50. The executive committee, with the approval of the council, may make a resolution respecting its government and its internal management, subject to the provisions of this act.
51. The executive committee shall prepare and submit to the council for its approval :
(a) every demand for the appropriation of the proceeds of loans, subsidies and grants or for any other credit required;
(b) every demand for a transfer of funds or credits already voted;
(c) every report recommending the granting of franchises and privileges; and
(d) every plan of classification of functions and of the salaries attached thereto.
52. The executive committee may in its own right, and must at the request of four members of the council, make a report to the council on any matter within the competence of the executive committee or any other question submitted by the council.
The executive committee shall furnish the council with any information which is requested of it in writing by a member of the council.
53. The executive committee must submit to the council every draft contract involving an expenditure of more than $5,000 or an expenditure not provided for in the budget.
The executive committee may, if so authorized by ordinance of the council, grant to the lowest bidder contracts involving an expenditure of not more than $10,000; subject to the provisions of article 124 it may also, after calling for tenders and without the council’s authorization, award any contract the price whereof does not exceed the amount placed at its disposal for the purpose.
54. Except where otherwise provided, the appropriations voted by the council, either by the budget or out of the proceeds of loans, subsidies or grants or otherwise, shall remain at the disposal of the executive committee which shall see that they are used for the purposes for which they were voted, without further approval by the council.
55. The executive committee shall authorize the payment of all sums due by the Regional Government, observing the formalities, restrictions and conditions prescribed by this act.
56. The chairperson of the executive committee shall direct the affairs and activities of the Regional Government and its officers and employees over whom he shall have a right of supervision and control. He shall see that the ordinances of the Regional Government and the decisions taken by it are faithfully and impartially observed and carried out.
He shall be a member ex officio of every commission constituted by the Regional Government.
57. The vice-chairperson of the executive committee shall exercise all the powers of the chairperson if the latter is absent or unable to act.
Division 3 : Meetings of the Executive Committee
58. The meetings of the executive committee shall be presided over by the chairperson of such committee; in the case of absence or inability to act of the chairperson or of a vacancy in his office, they shall be presided over by the vice-chairperson; in the case of absence or inability to act of both, or of a vacancy in the office of both, the members present shall appoint one of their members to replace the vice-chairperson temporarily.
59. The sittings of the executive committee shall be held at the place and time and on the day fixed by the resolution passed under article 50 of this act.
60. Three (3) members shall constitute a quorum of the executive committee.
61. Each member of the executive committee shall have one vote.
62. Every report and resolution of the executive committee shall be signed by the person who presided over the meeting at which they were adopted, and by the secretary.
Chapter 3 : Administrative Departments and Officers
Division 1 : General Provisions
63. The council may establish by ordinance the various departments of the Regional Government, establish the scope of their activities and define their duties. The heads of such departments shall be appointed by the executive committee subject to ratification by the council.
64. (1) The council shall appoint a secretary, a manager and a treasurer. Any vacancy in the offices of secretary, manager and treasurer must be filled by the council within a delay of thirty days.
(2) the council, by ordinance, may define such of their duties as are not defined by this act. The council, if it deems it expedient, may appoint a single person to fill the offices of secretary and treasurer. In such case the officer filling such offices shall then be known as the secretary-treasurer, and he shall have the same rights, powers and privileges, and shall be liable to the same obligations and penalties as those determined and prescribed for such offices.
(3) However, the executive committee shall fix their salaries and their other conditions of employment.
(4) The executive committee may, to secure the execution of the ordinances of the Regional Government and of the requirements of the law, appoint all other officers, dismiss and replace them, including an assistant secretary, an assistant treasurer and an assistant manager to replace the person whose assistants they are, whenever such persons are absent or unable to act.
65. Before entering upon his duties, every officer is bound to take an oath of office. On his failure to do so, he shall be considered to have refused to discharge the duties of the office to which he has been appointed.
66. No act, duty, writing or proceedings executed in his official capacity by an officer of the Regional Government who holds office illegally can be set aside solely on the ground of his so holding such office illegally.
67. The Regional Government is responsible for the acts of its officers in the performance of the duties for which they are employed as well as for damages resulting from 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 damages.
68. The executive committee shall fix the salaries and other conditions of employment of the officers of the Regional Government. It may establish and maintain or assist in the establishment or maintenance of relief or retirement funds or pension plans for its officers and employees, or for their relatives and dependant persons, and pay premiums for them, the whole subject to the Supplemental Pension Plans Act.
Division 2 : The Manager
69. Subject to the provisions of this act, the manager shall have the following functions and duties : (a) under the authority of the executive committee, to manage the affairs of the Regional Government;
(b) as mandatary of the executive committee, to exercise authority over the heads of departments and officers of the Regional Government with the exception of the secretary;
(c) to ensure coordination between the executive committee and the heads of departments;
(d) to transmit to the executive committee any correspondence sent to him by the departments of the Regional Government;
(e) to attend the meetings of the executive committee;
(f) to have access to all the Regional Government’s records;
(g) to compel any officer or employee of the Regional Government to furnish him with all information and documents which he requires;
(h) under the authority of the executive committee, to ensure the carrying out of the plans and programmes of the Regional Government;
(i) to obtain, examine and present to the executive committee projects prepared by heads of departments on matters requiring the approval of the executive committee or of the council;
(j) to coordinate the budgetary estimates of the various departments and present them to the executive committee;
(k) to satisfy himself that the money of the Regional Government is used in accordance with the appropriations comprised in the budget, ordinances and resolutions;
(l) to submit forthwith to the executive committee the list of accounts payable; and (m) to give an annual report in writing to the council upon all matters connected with its duties;
All communications between the executive committee and the officers of the Regional Government shall be made through the manager.
Division 3 : The Secretary
70. The secretary is the custodian of all the books, records, registers, plans, maps, archives and other documents and papers which are either the property of the Regional Government or are deposited, filed and preserved in the office of the Regional Government.
71. The secretary must attend every sitting of the executive committee and of the council and draw up minutes of all the acts and proceedings thereof in registers kept for those purposes and called “Minute Book of the Executive Committee” and “Minute Book of the Council”, respectively.
Whenever an ordinance or a resolution is amended or repealed, mention must be made thereof in the margin of the minute book opposite such ordinance or resolution together with the date of its amendment or repeal.
72. The minutes of the sittings of the executive committee, approved and signed by the chairperson of such committee and by the secretary, and the minutes of the sittings of the council, approved and signed by the speaker of the council and by the secretary, shall be taken as evidence of their contents; the same shall apply to documents or copies emanating from the Regional Government and forming part of its records, when certified by the secretary. The secretary shall sign all the contracts of the Regional Government.
73. The secretary shall issue to any person applying therefor, upon payment of the fees determined by the council, copies of or extracts from any book, roll, register and other documents which form parts of the archives.
Division 4 : The Treasurer
74. The treasurer shall direct the treasury department.
75. The Regional Government may require of any person employed by it as treasurer such security as it may deem necessary.
Such security shall be a guarantee of the faithful performance of the duties of the treasurer, of his accounting for and paying over all public and other moneys entrusted to him or under his control to the persons authorized or entitled to receive the same; of his faithful performance of the obligations imposed upon him; and of the payment of the damages occasioned to any person through his negligence, misconduct or malversation.
76. The treasurer shall collect all moneys payable to the Regional Government and, subject to all other legal provisions, shall deposit in any legally constituted bank, savings and credit union or trust company which may be designated by the council, all moneys belonging to the Regional Government and shall allow them to remain there until they are employed for the purposes for which they were levied or received or until disposed of by the council.
77. All cheques issued and promissory notes executed by the Regional Government must be signed jointly by the chairperson of the executive committee and the treasurer of the Regional Government.
78. The treasurer pays out of the funds of the Regional Government all sums of money due by it whenever by resolution he is authorized so to do by the council or the executive committee.
79. (1) The treasurer is bound to keep books of account in which he enters by order of date, the receipts and expenditures mentioning the persons who have paid moneys into his hands or to whom he has made a payment.
(2) He must obtain and keep vouchers for all payments he has made for the Regional Government, produce them for audit and inspection and file them among the archives of the Regional Government.
(3) Such books shall be kept in the form prescribed or approved by the Minister of Municipal Affairs, or in accordance with the system established by the Lieutenant-Governor in Council.
80. Within thirty (30) days from the end of any fiscal year of the Regional Government or upon the request of the Minister of Municipal Affairs, the treasurer shall transmit to the Minister of Municipal Affairs a return showing :
(1) the name of the Regional Government;
(2) a summary and description of the total area of land within the territory;
(3) the value of the property of the Regional Government;
(4) the number of persons resident in the territory;
(5) the amount of subsidies and grants received within the year and their source;
(6) the amount raised by loan within the year and the amount of interests due upon such loans; (7) all debts of the Regional Government;
(8) the expenditures for salaries and other expenses of the Regional Government and all other expenditures; (9) the amount deposited at interest or invested by the Regional Government; and (10) any other statement which the Minister of Municipal Affairs may require.
Title III – Notices
81. Every notice is either special or public. Every special notice may be given verbally or in writing; public notices must be in writing.
82. Every special notice given in writing must be either delivered by the person who gives it or posted in the office of the Regional Government and in the offices of each municipal corporation. Every public notice is given by posting a copy of such notice in the office of the Regional Government and in the offices of each municipal corporation.
83. Every notice in writing must be attested by the person who gives it and must contain :
(1) the name of the Regional Government, when such notice is given by a regional councillor or an officer of the Regional Government;
(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; and
(6) the place, day and hour at which those summoned to answer such notice must do so. 84. The original of every notice in writing must be accompanied by a certificate of delivery or of posting.
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 Regional Government to form part of the archives thereof.
85. 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 delivered or posted; (3) the place, day and hour of delivery or posting.
Such certificate is written either on the original notice or on a paper annexed thereto.
86. In the case of a special notice given verbally, the affirmation of the person who gave such notice takes the place of the certificate of delivery or posting; such affirmation is only required in case of contestation and must contain the object of the notice.
Any document, order or proceeding of the Regional Government must be posted in the same manner as public notices.
Title IV – Resolutions
87. The Regional Government shall decide and exercise by resolution all acts of administration concerning it which are not incompatible with the provisions of this act. All powers not required to be decided and exercised by ordinance shall be exercised and decided by resolution.
Title V – Ordinances of the Regional Government
Chapter 1 : Formalities respecting ordinances
Division 1 : Passing, Publication and Coming into Force of Ordinances
88. A copy of every ordinance which the executive committee proposes to the council shall be sent with the notice of convocation of the meeting at which it is to be considered.
89. The original of an ordinance, to be authentic, shall be signed by the speaker of the council and by the secretary.
If it was necessary to submit an ordinance for the approval of the Lieutenant-Governor in Council, the Minister of Municipal Affairs or the Québec Municipal Commission before it could come into force, a certificate under the signature of the speaker of the council and of the secretary certifying the date and the fact of each of these approvals must accompany and form part of the original of such ordinance.
90. The original of every ordinance shall be entered at length in a special book entitled “Register of the Ordinances of the Kativik Regional Government”.
The secretary must further indicate at the end of every ordinance the date of the posting-up of the notice of publication of such ordinance.
91. Except where otherwise provided by law or by the ordinance, every ordinance of the Regional Government shall come into effect and have force of law on the day of the publication thereof.
92. Every ordinance is published within thirty (30) days of the passing thereof or of its final approval, if it has been submitted for approval, by public notice mentioning the object of the ordinance, 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 and posted in the ordinary manner.
If the ordinance has received one or more approvals, the notice of publication must mention the date and the fact of each of these approvals.
When an ordinance has not been published within the delays provided by this section, the Minister of Municipal Affairs may authorize its publication within such additional delays as it may determine.
93. Every ordinance which comes into force only at some stated period must be published again by posting at least fifteen days before its coming into force.
94. Every ordinance remains in force and is executory until it has been amended, repealed or annulled by competent authority or until the expiration of the period for which it was made.
95. No ordinance can be repealed or amended except by another ordinance. No ordinance which, before coming into force and effect, was submitted to one or more approvals can be amended or repealed except by another ordinance approved in the same manner.
Division 2 : Penalties Enacted by Ordinances and Recovery of Fines
96. (1) The Regional Government may impose, by any ordinance within its powers, for every infraction of an ordinance a fine not exceeding five hundred dollars.
(2) Whenever, instead of a fixed penalty, an ordinance provides either a maximum and minimum penalty, or a maximum penalty only, the court may, at its discretion, impose, in the first instance, such penalty as it may see fit within the limits of such maximum and such minimum and, in the second instance, such penalty as it may see fit up to the extent of such maximum.
(3) The court convicting an accused for the breach of an ordinance may, in addition to any punishment it may impose, order that person to refrain from committing any further such offence or to cease to carry on any activity specified in the order, the carrying on of which will or is likely to result in the committing of any further such offence. Breach of such an order shall constitute an offence punishable by contempt of court.
97. No penalty can be imposed for the violation of any ordinance unless it is fully described and set forth therein.
If the infraction of an ordinance continues, such continuation shall constitute a separate offence, day by day, save in the case of good faith.
98. Fines imposed by the ordinances of the Regional Government shall be recoverable on summary proceeding in accordance with Part I of the Summary Convictions Act.
99. All fines incurred by the same person may be included in the same suit.
100. Every prosecution for the recovery of such fines shall be begun within six months from the date when they were incurred, and cannot be brought thereafter.
Such prosecution may be brought by any person of age, regardless of whether he has suffered any special damage, in his own name, or by the Regional Government.
101. Fines recovered in virtue of the ordinances of the Regional Government or of the provisions of this act shall belong, unless it be otherwise provided, one-half to the prosecutor and the other half to the Regional Government.
If the prosecution has been brought by the Regional Government, the fine shall belong wholly to it. If the fine be due by the Regional Government, it shall belong wholly to the prosecutor.
102. Where any ordinance of the Regional Government is contravened, in addition to any other remedy and to any penalty imposed by the ordinance, such contravention may be restrained either by action at the instance of an inhabitant or municipal corporation in the territory against the infringer or by mandamus at the instance of such inhabitant or municipal corporation against the Regional Government to compel it to take proceedings necessary for preventing its violation.
Division 3 : Approval and Disallowance of Ordinances
103. Unless otherwise provided, approval of the ordinances by the council shall be sufficient.
104. Whenever it is required that an ordinance must, before having force or effect, receive the approval of the Lieutenant-Governor in Council, the Minister of Municipal Affairs, or the Québec Municipal Commission, the secretary must forward it to the authority whose approval is required with certified copies of all documents tending to inform of the fulfillment of the provisions of the law and of the advisability of the passing of such ordinance.
105. Neither the Lieutenant-Governor in Council nor the Minister of Municipal Affairs nor the Québec Municipal Commission is obliged to approve an ordinance unless it has satisfied itself of the fulfillment of the formalities required for the passing of such ordinance.
For such purpose, they may exact from the Regional Government all the documents and information as they deem necessary for assuring themselves of the usefulness of the ordinance or the provisions of such ordinance submitted to their approval.
106. The approval by the Lieutenant-Governor in Council, the Minister of Municipal Affairs or the Québec Municipal Commission of an ordinance or other proceedings adopted by the Regional Government, in the cases where such approval is prescribed by a provision of this act, has no other effect than that of rendering such ordinance or proceeding executory according to the law, and this may be done with the same effect in the form of an authorization.
Such approval may be of a part only or qualified.
107. A copy of every ordinance passed by the Regional Government must be transmitted without delay to the Minister of Municipal Affairs and to each municipal corporation.
The Lieutenant-Governor in Council may, within the three months following the receipt of such copy by the Minister, disallow the ordinance in whole or in part, unless he or the Minister has previously approved it.
Notice of such disallowance shall be published in the Québec Official Gazette and, from the day of such publication, the ordinance shall be null and void.
Division 4 : Contestation and Quashing of Ordinances
108. Any person and any municipal corporation in the territory may, by motion, apply for and obtain, on the ground of illegality, the quashing of any ordinance or part of any ordinance of the Regional Government.
Such motion shall be presented to the Superior Court having jurisdiction in the territory which shall have exclusive jurisdiction in such matters. Such recourse shall not exclude nor affect that permitted by article 33 of the Code of Civil Procedure.
109. The motion shall set forth, in a clear and precise manner, the reasons alleged in support of the application, and shall be accompanied by a certified copy of the ordinance impugned, if such copy could be obtained.
If such copy could not be obtained, the court or the judge of the Superior Court, upon application, shall order the production thereof by the secretary of the Regional Government.
110. The motion shall be served upon the secretary of the Regional Government one month at least before it is presented to the court.
111. Before service of the motion, the applicant shall give security for costs in the usual manner; otherwise such motion shall not be received by the court.
112. There shall be no appeal from interlocutory judgments rendered in an action to quash an ordinance; they may be revised at the same time as the final judgment if an appeal is brought from the latter.
113. (1) The court may quash such ordinance in whole or in part and order the service of such judgment upon the secretary of the Regional Government and order the same to be published by public notice.
(2) Every ordinance or part of an ordinance so quashed shall cease to be in force from the date of the judgment.
114. The Regional Government shall alone be responsible for the damages and suits which may arise from the putting into force of any ordinance or part of an ordinance the quashing of which has been so obtained.
115. The right to apply for the quashing of an ordinance shall be prescribed by three months from the coming into force of such ordinance.
Chapter 2 : Competence of the Regional Government
Division 1 : General provisions
116. The Regional Government shall have in its territory such competence as is provided in this act in the following matters :
a) local administration;
b) transport and communications;
c) justice;
d) health and social services;
e) education;
f) economic development; and
g) environment, resources and land use management.
117. The power to regulate shall include, when necessary the power to prohibit, revoke and suspend.
118. The power to make ordinances shall involve, in the case of articles 129 and 133, that of licensing and requiring permits and certificates and of exacting fees for licenses, permits and certificates and of establishing a tariff of fees therefor.
Such power shall also involve that of appointing officers and inspectors as the Regional Government may deem fit for the proper application of such ordinances and of defining their duties.
119. The Regional Government may, with the authorization of the Minister, make with any public body, including a municipality, a community, an association and a school board, agreements respecting the exercise of its competence; it may then carry out such agreements and exercise the rights and privileges and fulfil the obligations arising therefrom, even outside its territory.
If an agreement is contemplated with the Government of Canada, any body thereof or any public body mentioned in the preceding paragraph and situated outside of the Province of Québec, prior authorization of the Lieutenant-Governor in Council shall be necessary.
120. The Regional Government may make ordinances to take a census of the inhabitants of the territory, for the purpose of ascertaining their number, and of obtaining statistics regarding their social and economic condition.
121. The Regional Government may acquire by expropriation any immoveable, part of an immoveable or any real right, within the limits of its territory, which it may require for the establishment of regional or intermunicipal utilities or facilities.
However, in the case of an immoveable, part of an immoveable or any real right set apart for a public use or not susceptible of expropriation according to some general law or special act, the prior authorization of the Lieutenant-Governor in Council shall be required.
The foregoing provisions of this article shall not be regarded as restricting the rights which the Regional Government may otherwise have to acquire, by mutual agreement, immoveables for the same purposes.
122. The Regional Government shall not in any way alienate moveable property the value of which exceeds $500 according to the manager’s report, or otherwise alienate immoveable property, except by auction, by public tenders or in any other manner approved by the Québec Municipal Commission.
Subject to the preceding paragraph, the executive committee may sell any moveable or immoveable property the value of which does not exceed $10,000 according to the manager’s report.
123. All public works of the Regional Government are performed at its expense and ordered by contract awarded and passed according to the rules set forth in articles 124 to 126.
124. (1) Unless it involves an expenditure of less than $10,000 no contract for the execution of works or the supply of equipment or materials shall be awarded except after a call for public tenders specifying the work to be performed;
(2) The delay for the receipt of tenders shall not be less than fifteen (15) days;
(3) Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases :
a) for a fixed price;
b) at unit prices;
(4) All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders;
(5) All those who have tendered may be present at the opening of the tenders;
(6) The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders;
(7) The Regional Government shall not be obliged to accept either the lowest or any other tender;
(8) The Regional Government shall not, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay;
(9) The contract shall be awarded by resolution and made in the name of the Regional Government.
125. Subject to the provisions of article 53, no contract is valid or binding upon the Regional Government unless the ordinance authorizing the work has provided for the appropriation of the moneys required for paying the costs of same.
126. The person to whom such work is awarded must give security to the satisfaction of the council for the due performance thereof and for the payment of all damages, interests and costs.
127. In addition to the other powers which it has under this act, the Regional Government may : (a) make ordinances for its internal management and the conduct of its affairs;
(b) establish courses and training programmes for its officers and employees;
(c) undertake public information and education programmes; and
(d) carry out such studies as it deems necessary for the exercise of its competence whether such studies deal with the territory or with any other territory.
Division 2 : Local administration
128. The Regional Government must make ordinances :
(1) to review the municipal annual returns prepared under article 44 of Schedule 2 of Section 12 of the Agreement;
(2) to make recommendations to fill vacancies in local councils according to article 83 of Schedule 2 of Section 12 of the Agreement;
(3) to decide upon municipal matters whenever the majority of the members of a municipal corporation has a personal interest distinct from the general interest of the other ratepayers;
(4) to provide for the filing of municipal by-laws and other municipal documents transmitted to the Regional Government; and
(5) to establish conciliation services in the event of contested municipal elections, contestation of municipal by-laws and failure or refusal by any municipal corporation to enforce its own by-laws according to articles 76 to 79, 116 and 126 to 128 of Schedule 2 of Section 12 of the Agreement.
129. The Regional Government may, by ordinance, prepare minimum standards :
(1) for the construction of houses and buildings in its territory; such standards may vary in different parts of the territory according to the geography and nature of the regions;
(2) to ensure the sanitary condition of public and private property;
(3) to prevent the pollution of the waters within or adjacent to the municipalities and to provide for the cleansing and purification of municipal waters; and
(4) to regulate the sewerage of the municipalities.
The municipal corporations shall retain their competence in these matters until the Regional Government exercises its competence respecting such matters and to the extent that the Regional Government has refrained from doing so.
Any by-law of any municipal corporation contrary to or inconsistent with any provisions of an ordinance of the Regional Government respecting these matters shall cease forthwith to have effect.
No by-law of a municipal corporation respecting such matters shall validly impose standards which are inferior to those mentioned in the ordinance of the Regional Government.
130. From the coming into force of an ordinance of the Regional Government made under article 129, every by-law of a municipal corporation making, amending or repealing a by-law of such municipal corporation must be submitted to the Regional Government.
The Regional Government shall assure that the by-law so submitted confirms to article 129.
131. The Regional Government may, by ordinance, enter into an agreement with any municipal corporation, with the approbation of the Minister of Municipal Affairs, for the delegation to the Regional Government by the municipal corporation of the exercise and administration of those municipal services that the council of the municipal corporation so determines.
The period of time covered by such ordinance shall be two (2) years and is renewable.
132. The Regional Government may make ordinances to order that it shall have competence in the construction of low-rental dwellings and, from the coming into force of such ordinances, the Regional Government shall be a municipality for the purposes of the Québec Housing Corporation Act.
Division 3 : Transport and Communications
133. The Regional Government may make ordinances to establish and administer :
(1) regional and intermunicipal community radio and television aerials for the needs of those wishing to make use thereof and regulate the installation, maintenance, number and height of television and radio aerials; and
(2) regional and intermunicipal public transportation services and facilities.
134. The Regional Government may make ordinances :
(1) to prescribe a uniform type of highway and passageway signals to be used by all municipalities; and (2) to determine minimum standards for road and street construction and maintenance.
The municipal corporations shall retain their competence in these matters until the Regional Government exercises its competence respecting such matters and to the extent that the Regional Government has refrained from doing so.
Any by-law of any municipal corporation contrary to or inconsistent with any provisions of an ordinance of the Regional Government respecting these matters shall cease forthwith to have effect.
No by-law of a municipal corporation respecting such matters shall validly impose standards which are inferior to those mentioned in the ordinance of the Regional Government.
Division 4 : Justice
135. The rights, powers, privileges and obligations of the Regional Government respecting justice and police are contained in Sections 20 and 21 of the Agreement respectively.
Division 5 : Health and Social Services
136. The rights, powers, privileges and obligations of the Regional Government respecting health and social services are contained in Section 15 of the Agreement.
Division 6 : Education
137. The rights, powers, privileges and obligations of the Regional Government respecting education are contained in Section 17 of the Agreement.
Division 7 : Economic Development
138. The rights, powers, privileges and obligations of the Regional Government respecting economic development are contained in Section 29 of the Agreement.
Division 8 : Environment, Resources and Land Use Management
139. The rights, powers, privileges and obligations of the Regional Government respecting environment, resources and land use management are contained in Section 23 of the Agreement.
Title VI – Financial Provisions
Chapter I : General Provisions
140. The fiscal year of the Regional Government shall begin on the first of January and end on the thirty-first of December of each year and the taxes and yearly assessments shall be payable at the dates determined by the council.
141. The Regional Government shall prepare and adopt its budget each year and maintain a balance between the revenues and expenditures provided for therein.
142. The executive committee shall draw up the budget of the Regional Government for the ensuing fiscal year; it shall deposit such budget with the secretary who, not later than the first of July, shall send to each member of the council a copy of such budget, and all the recommendations of the executive committee.
143. Such budget shall be submitted to the council not later than the fifteenth of July at a special meeting called for such purpose. Such meeting shall be adjourned as often as necessary and shall not be closed unless the budget is adopted.
Such budget shall be transmitted to the Minister of Municipal Affairs in the month of August of the year in which it was prepared.
Upon sufficient proof that the council has in fact been unable to adopt or transmit such budget within the prescribed delay, the Minister of Municipal Affairs may grant any additional delay that he may determine for such purpose.
144. During a fiscal year, the Regional Government may adopt any supplementary budget which it deems necessary.
145. Upon adopting its budget or a supplementary budget, the Regional Government may, by ordinance, for the purpose of paying its expenses or part of its expenses require an aliquot share of such expenses or of part of such expenses to be paid by each municipality in its territory in a manner prescribed by the Minister.
146. The head of each department shall be responsible for the management of the budget of his department, according to the provisions of this act, under the supervision of the executive committee.
147. The executive committee may transfer from one department to another the appropriations attributed to any of them in the budget, upon the recommendation of the heads of such departments and the approval of the council.
148. No ordinance or resolution of the council or report or resolution of the executive committee authorizing or recommending the expenditure of moneys shall have effect without a certificate by the treasurer attesting that there are available funds.
149. The funds appropriated by a budget during a fiscal year for specified works shall remain available during the ensuing fiscal year for the carrying out of such work, whether it has commenced or not.
150. (1) All sums of money not especially appropriated shall form part of the general fund of the Regional Government;
(2) Any subsidy or grant made to the Regional Government and not specially appropriated by the ordinance ordering the works or the expenditures may be paid in whole or in part to the general fund of the Regional Government;
(3) Whenever the Regional Government has collected a sum exceeding the sum required for the purposes for which such sum was raised, the surplus shall belong to the Regional Government and fall into the general fund thereof;
(4) All sums of money forming part of the general fund of the Regional Government may be employed for any purpose within the jurisdiction of the Regional Government.
151. The payment of the expenses of the Regional Government, including payment of interest on and amortization of its loans, shall be guaranteed by its general fund.
152. All fees, licences, fines, revenues, taxes, subsidies and grants accruing or belonging to or received by the Regional Government shall be paid to and received by the treasurer alone or by the officer designated by him for that purpose; and no other officer shall, under any pretext, receive them unless specially authorized by the council so to do.
153. The Regional Government may make such ordinances as it may deem expedient for the management and administration of its finances, and determine by whom and subject to what formalities payments out of the funds of the Regional Government shall be made.
154. The Regional Government may deposit at interest in a Canadian chartered bank, or invest in the public funds of Canada or Québec, or loan on first hypothec, any moneys belonging to it.
155. The treasurer shall be personally responsible for all moneys which he pays and which, to his knowledge, exceed the amount appropriated for such purpose.
156. The Regional Government shall not be subject to any tax for municipal purposes, but shall pay a compensation for the municipal services and local improvement works from which it benefits directly. Failing agreement on the amount of such compensation, such compensation shall be determined by the Québec Municipal Commission.
Chapter 2 : Loans
157. The Québec Municipal Commission may authorize the Regional Government upon application made to it by a mere resolution of the council, to contract one or more loans upon the conditions and for the period which the Commission determines.
The conditions so determined by the Commission shall govern such loans notwithstanding any contrary or incompatible provisions of a general or special act limiting the amount of loans and determining the period for their reimbursement.
The provisions of this article shall apply to every loan contracted by the Regional Government. Chapter 3 : Audit of the finances of the Regional Government
158. (1) The council, at its last general sitting in any year shall appoint for the fiscal year ending on the ensuing thirty-first of December, one or more auditors for the auditing of the accounts of the Regional Government.
(2) Such auditors may be individuals or members of a partnership and may entrust the work to their employees, but then the responsibility of the auditors shall be the same as if such work had been entirely performed by such latter.
(3) They shall make a report of their examination to the council within sixty (60) days after the expiration of the fiscal year.
(4) A copy of such report, certified by the treasurer, must be sent forthwith by the treasurer to the Minister of Municipal Affairs.
(5) The council may order any other examination it may deem necessary and call for a report.
159. Any surplus or deficit for a fiscal year shall be entered in the revenues or expenses of the budget for the ensuing fiscal year according to the report of the auditors.
160. (1) At any time of the year, if so required in writing by at least five (5) electors of the municipal corporation, the council shall also order a special audit of the audit of the accounts of the Regional Government for one or more of the last five (5) years, provided that no such audit has already been made for the same years under this article.
(2) The costs of such audit shall be payable by the responsible officer of the Regional Government, if he has been guilty of embezzlement or if, having been found short in his accounts, he fails to repay the balance within the delay fixed by the last paragraph; otherwise the costs shall be payable by the persons who demanded the audit, unless the audit is of advantage to the Regional Government.
(3) The demand for an audit under this article must be accompanied by a deposit of one hundred dollars ($100.00), which shall be returned to the petitioners if the costs of the audit are not charged to them.
(4) Any auditor appointed for such purposes may be an individual or a partnership, and may entrust the work to his or its employees, but then the responsibility of such auditor shall be the same as if such work had been entirely performed by the auditor himself.
(5) Within thirty (30) after the service upon him of a copy of the report of the audit, the defaulting officer of the Regional Government must pay the amount of the balance which he has been found to owe, as well as the costs of the audit.
161. All actions or claims against the treasurer resulting from his administration are prescribed by five (5) years from the date on which the shortage of his account is reported by the auditor to the council.
162. The provisions of this chapter shall nowise affect the recourse of the Regional Government under the security given by the treasurer.
Title VII – Proceedings Against the Regional Government
163. When any suit or action is commenced against the Regional Government, service therein shall be made upon the secretary or any other designated officer of the Regional Government at his office or domicile.
164. Any provisions of law to the contrary notwithstanding, no judgment rendered against the Regional Government for a pecuniary condemnation only shall be executory before the expiration of thirty (30) days of the date thereof.
165. Whenever a copy of a judgment condemning the Regional Government to pay a sum of money has been served at the office of the Regional Government, the treasurer shall forthwith, upon being authorized by the executive committee pay the amount thereof out of the funds at his disposal.
166. The court which rendered the judgment may, on motion, grant to the Regional Government any delay which it deems necessary to levy the moneys required.
Title VIII – General provisions
167. The amounts or percentages mentioned in articles 53, 96(1), 122 and 160(3) may be increased and those mentioned in article 124(1) may be reduced by proclamation of the Lieutenant-Governor in Council.
168. The Regional Government shall be a municipality within the meaning of the Municipal Affairs Department Act (Revised Statutes, 1964, chapter 169), the Municipal Commission Act (Revised Statutes, 1964, chapter 170), the Municipal Bribery and Corruption Act (Revised Statutes, 1964, chapter 173), the Municipal Aid Prohibition Act (Revised Statutes, 1964, chapter 176), the Public Health Act (Revised Statutes, 1964, chapter 161), the Water Board Act (Revised Statutes, 1964, chapter 183), the Municipal School Debt and Loan Act (Revised Statutes, 1964, chapter 171) and a municipal corporation within the meaning of the Labour Code, and the said acts shall apply mutatis mutandis to the Regional Government.
169. The laws of Québec shall apply to the Regional Government insofar as they are applicable and not derogated from by the provisions of this Schedule.
170. This act shall come into force on a date to be fixed by proclamation of the Lieutenant-Governor in Council.
JBNQA, Sch. 2
A. corr.
Analysis
Summary
The James Bay Cree are entitled to local government on Category IA lands allocated to them. The legislation will include the incorporation of Cree bands, establishment of band councils, powers of the band council, taxation for community purposes, and other provisions. The Indian Act will apply to such lands until such legislation is enacted. Discussions will take place upon the execution of the Agreement between Canada and the James Bay Crees to determine the terms of the special legislation recommended. The Cree band council will have powers related to land use, environmental and social protection, natural resource protection, and such other powers as may be incidental to the exercise of local government or the Agreement.
Keywords
