Municipal Powers Act (CQLR c C-47.1).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act is organised in V Titles: Title I – Scope and interpretation (Artt. 1-3); Title II - Powers of a local municipality (Artt. 4-97); Title III - Powers of a regional county municipality (Artt. 98 – 126.5); Title IV - Amending provisions (art. 127-244); and Title V - Miscellaneous, Transitional and Final provisions (Artt. 245 – 251). This Act applies to local municipalities and regional county municipalities but not to Northern, Cree or Naskapi villages (Art. 1) and under this Act, and has the scope to grant powers to enable them to respond to various changing municipal needs in the interest of their citizens.
Under Title II, a local Municipality has powers to make by-law to regulate recreation, community activities and parks (Art. 7), to establish and operate a public market (Art. 9-10), to regulate the use of the power it develops (Art. 14). A local municipality may also entrust a person with selling the power produced by a residual materials disposal facility or water purification works (Art. 15) and may operate, alone or with another person, an enterprise that produces electricity at a wind farm or a hydro-electric power plant (Art. 17.1).
Title II, Chapter V is dedicated to Environment providing under Art. 19 general powers to local municipalities to adopt by-laws on environmental matters. Local municipalities have powers to what concern water supply, sewers and water purification, for instance the local municipality may suspend the supply of water under certain conditions (Art. 27), may install private conduits, water intakes and sewer outlets and connect private conduits to public conduits at the expense of the owner (Art. 25), among others. Local municipalities have also power to entrust a person with the operation of its residual materials disposal and reclamation system (Art. 34). Art. 36 also recognises to local municipalities power to designate a person to try to resolve disagreements on land situated in agricultural zone concerning the construction, repair or maintenance of a common fence or common ditch, drainage work on that land involving the creation, improvement or maintenance of a drainage ditch. A local municipality can also make by-laws to prohibit the spreading of manure, sludge or residues from pulp and paper mills (Art. 52). Chapter VI is on Sanitation and authorises local municipality may adopt by-laws in matters of sanitation. Chapter VIII concerns Safety, recognising powers to local municipalities to regulate issues related to stray and dangerous animal, animals affected by contagious disease, and fire prevention. Chapter IX on transportation recognises power to local municipalities on transportation, roads but also ports and airports on which a local municipality may regulate access but also establish, acquire and operate a port or airport facility outside its territory after notifying the municipality that has jurisdiction over the territory concerned.
Title III on county municipalities is divided into powers exercised concurrently with a local municipality (Chapter II) and exclusive powers of a regional county municipality (Chapter III). For instance, county Municipalities have exclusive powers on watercourses and lakes (e.g. power to adopt by-laws to regulate matters relating to water flow in watercourses, including crosspieces, obstructions and nuisances; carry out work to create, improve or maintain a watercourse or to regulate the water level of a lake and do bed maintenance work), and Regional Parks (e.g. power to make by-law to determine the location of a regional park whether or not it is the owner of the land).
Under Title II, a local Municipality has powers to make by-law to regulate recreation, community activities and parks (Art. 7), to establish and operate a public market (Art. 9-10), to regulate the use of the power it develops (Art. 14). A local municipality may also entrust a person with selling the power produced by a residual materials disposal facility or water purification works (Art. 15) and may operate, alone or with another person, an enterprise that produces electricity at a wind farm or a hydro-electric power plant (Art. 17.1).
Title II, Chapter V is dedicated to Environment providing under Art. 19 general powers to local municipalities to adopt by-laws on environmental matters. Local municipalities have powers to what concern water supply, sewers and water purification, for instance the local municipality may suspend the supply of water under certain conditions (Art. 27), may install private conduits, water intakes and sewer outlets and connect private conduits to public conduits at the expense of the owner (Art. 25), among others. Local municipalities have also power to entrust a person with the operation of its residual materials disposal and reclamation system (Art. 34). Art. 36 also recognises to local municipalities power to designate a person to try to resolve disagreements on land situated in agricultural zone concerning the construction, repair or maintenance of a common fence or common ditch, drainage work on that land involving the creation, improvement or maintenance of a drainage ditch. A local municipality can also make by-laws to prohibit the spreading of manure, sludge or residues from pulp and paper mills (Art. 52). Chapter VI is on Sanitation and authorises local municipality may adopt by-laws in matters of sanitation. Chapter VIII concerns Safety, recognising powers to local municipalities to regulate issues related to stray and dangerous animal, animals affected by contagious disease, and fire prevention. Chapter IX on transportation recognises power to local municipalities on transportation, roads but also ports and airports on which a local municipality may regulate access but also establish, acquire and operate a port or airport facility outside its territory after notifying the municipality that has jurisdiction over the territory concerned.
Title III on county municipalities is divided into powers exercised concurrently with a local municipality (Chapter II) and exclusive powers of a regional county municipality (Chapter III). For instance, county Municipalities have exclusive powers on watercourses and lakes (e.g. power to adopt by-laws to regulate matters relating to water flow in watercourses, including crosspieces, obstructions and nuisances; carry out work to create, improve or maintain a watercourse or to regulate the water level of a lake and do bed maintenance work), and Regional Parks (e.g. power to make by-law to determine the location of a regional park whether or not it is the owner of the land).
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Notes
Last amendment was made by the An Act to amend mainly the Education Act with regard to school organization and governance (SQ 2020, c 1). Updated to 20 October 2020.
Repealed
No
Source language
English
Legislation Amendment
No