# Municipal Code of Québec — structure, powers, officers, taxation, RCMs

Parsed from the **current official LégisQuébec consolidation** of CQLR c. **C-27.1** (retrieved 2026-07; file's own modified date 2025-11-03). **1,566 numbered sections** extracted programmatically; a large fraction are `(Repealed)`. **The French text is official**; English is a translation.

## Scope (Preliminary Title, arts. 1–31)

**art. 1** — applies to every municipality "**subject to any inconsistent provision of the charter**"; **does not apply** to a municipality governed by the **Cities and Towns Act (C-19)** "except any provision made applicable by this Code or by any other law", **or to a northern, Cree or Naskapi village**.

**art. 2** — the Government may grant **letters patent**, on a local council's petition, replacing charter provisions with Code provisions. **art. 4** — for an **RCM** exercising a power, a **C-19 city inside its territory is *deemed* a local municipality governed by this Code** (drafted narrowly: "for the purposes of the exercise by a regional county municipality of a power other than the powers set out in Title XXV"). **art. 10** — a municipality may accept **delegation from the Government**; an RCM must first resolve, notify each constituent municipality by registered mail, and may accept **not less than 90 days** after.

## Structure

"**[repealed shell]**" = the heading survives, the content was struck (mostly by 1987 c. 57, 1988 c. 19, 2005 c. 6).

| Title | Subject | Sections |
|---|---|---|
| **Preliminary** | Application; declaratory & interpretative | 1–31 |
| **I** | *[repealed shell]* — constitution of municipalities → **c. O-9** | 32–78 |
| **II** | **Municipal councils**; acting mayor (109); executive committee & RCM delegates / board of delegates (117–141) | 79–141 |
| **III** | Rules for mayors and wardens | 142 |
| **IV** | **Sittings of councils** | 143–164 |
| **V** | **Officers** — general (165); clerk-treasurers & directors general (179–218); local officers (219–267) | 165–267.0.6 |
| **V.1** | Person in charge of access to documents | 267.1 |
| **VI** | Persons disqualified from municipal office | 268–270 |
| **VII–X** | *[repealed shells]* — elections → **c. E-2.2** | 271–409 |
| **XI** | Appointments by the Minister of Municipal Affairs | 410–414 |
| **XII** | **Municipal notices** — general (415), special (424), **public notices (431–437.2)** | 415–437.2 |
| **XII.1** | **Proceedings/orders re activities or uses** (access prohibition) | 437.3–437.9 |
| **XIII** | Resolutions | 438–444 |
| **XIV** | **BY-LAWS** — formalities (445–489); local by-laws (490–677); **RCM by-laws (678–688)** | 445–688 |
| **XV** | **Annulment of by-laws, resolutions and proceedings** | 689–692 |
| **XVI–XVIII.2** | Unclaimed effects; constituted rents; pension funds; insurance | 693–711.19 |
| **XIX** | **Roads, bridges and watercourses** (Ch. I alive: 712–725) | 711.20–924 |
| **XXI** | Public works; **contracts and procurement** | 934–953 |
| **XXII** | **Estimates of revenues and expenditures** (budget + 3-year capital program) | 953.1–957 |
| **XXIII** | Revenues; administration; **auditing** (external auditor 966) | 958–972 |
| **XXIV** | **TAXES AND LICENCES** — imposition (988); **general taxation power (1000.1)**; **dues (1000.6)**; collection roll (1001–1021) | 973–1021.1 |
| **XXV** | Sale of immovables for non-payment of taxes; redemption | 1022–1060 |
| **XXVI** | **Loans and bond issues**; temporary loans; working fund; financial reserves | 1060.1–1094.10 |
| **XXVIII** | Expropriation for municipal purposes | 1097–1104.1 |
| **XXVIII.0.1 / .1 / .2** | **Pre-emptive right** / **Municipal ombudsman** / Dissemination of information | 1104.1.1–1104.9 |
| **XXIX** | **Penal proceedings** (mostly repealed; 1108, 1110 alive) | 1105–1112 |
| **XXX** | **Civil proceedings against a municipality** — notices of action (1112.1); execution (1113) | 1112.1–1127.1 |
| **XXXI** | Exceptional provisions for certain municipalities | 1128– |

## By-laws (Title XIV)

**art. 445 — adoption.** Notice of motion → draft filing (copies to the public "as soon as possible") → **passing at a different sitting**, "**not earlier than the second day**" after the later of them. The object and any differences must be **mentioned before passing**; changes "must not be such as to **change the object**". **RCM variant (¶10–11):** notice of motion + draft may be replaced by a **registered-mail notice** to members at least **10 days** before, posted at the RCM office.

> "**Any contravention of the first, second, fourth or eighth paragraph entails the nullity of the by-law.**"

**art. 446** — signed by the head of council **and** the clerk-treasurer; where approval is required, it **cannot be published or come into force until approved**. **art. 448** — entered in the **minute-book** and the **register of by-laws**; the clerk-treasurer notes **the date of posting of the notice of publication**. **art. 454** — "**no by-law can be repealed or amended except by another by-law**." **art. 447** — an RCM by-law: certified copy to each local municipality concerned.

**art. 450 — in force:** "every by-law **comes into force and is effective as law**, if not otherwise provided for therein, **on the day of its publication**." **art. 452** — remains executory until amended, repealed, annulled, or expired.

**art. 451 — publication:** by a **public notice** "mentioning the **object** of the by-law, the **date of the passing**, and **the place where communication thereof may be had**", under the clerk-treasurer's hand, "published in the **ordinary manner**". **art. 431** — ordinary manner = posting at **two different places** fixed by resolution; failing that, the **municipal office and one other public place**. **art. 434** — public notices at least **seven clear days** before the meeting/proceeding.

**art. 455 — penalties.** Where the penalty isn't otherwise provided, the council may by by-law prescribe a fine; the fixed or maximum amount **cannot exceed, for a first offence, $1,000** (natural person) / **$2,000** (legal person); **second or subsequent**: **$2,000** / **$4,000**. **art. 1108** — penal proceedings **may be instituted by the municipality**. **art. 1110** — fines belong to the municipality where proceedings are outside a municipal court. *(Most of Title XXIX is repealed — the machinery is now the **Code of Penal Procedure**, C-25.1.)*

## Annulment (Title XV)

**art. 689** — annulment **on the ground of illegality**, with costs against the municipality, of "any by-law, procès-verbal, roll, resolution or other ordinance … or act of municipal officers." **art. 690** — application under the CCP's **judicial-review** rules; "**Any interested party** is competent"; **$50 deposit** (increasable). **art. 691** — annul **in whole or in part**; appeal to the **Court of Appeal within 30 days**, heard **by preference**; that judgment is **without appeal**. **art. 692 — prescribed by three months from the passing.**

**arts. 437.3–437.4 — access prohibition:** council may prohibit access to an immovable for **≤90 days** where an activity/use operates without a required permit and **endangers life/health or risks serious damage**. The decision must **contain reasons**, be accompanied by the report/statement of offence, and be notified. **Contest within 10 days before the Court of Québec**; the application **does not suspend** the decision unless a judge orders it; the court may confirm, vary or quash.

## Council and sittings (Title IV)

- **art. 149** — "The sittings are **public**, and the proceedings must be **audible and intelligible**."
- **art. 150** — the **question period** (statutory; modalities by by-law; precedence may be given to residents/owners/business occupants).
- **art. 148** — RCM: regular sittings **at least every two months**, incl. one on the **fourth Wednesday in November**. Local: **at least monthly**. Schedule set before the calendar year. Decision-useful documents to **members** **not later than 72 hours** before, "barring exceptional situations."
- **art. 152** — special sittings convened by the head, the clerk-treasurer, or **two members**.
- **art. 145** — the place must be "in the **most public place** in the territory"; **never** where alcoholic beverages are sold.
- **art. 155** — no quorum: two members may adjourn after **one hour**; want of the adjournment notice "**renders null every proceeding**" adopted at the resumed part.
- **art. 164** — every member present **is bound to vote** unless exempted/debarred by interest or the code of ethics; votes by word of mouth, **entered in the minute book on demand**.
- **art. 156 → 956** — at the **budget** sitting, deliberations **and the question period** deal **exclusively** with the budget/capital program.

**Minutes/documents:** **art. 201** — the clerk-treasurer attends every sitting and draws up the minutes; approved at the same or following meeting, but "**the lack of such approval does not prevent the minute from making proof**." **art. 199** — custodian of all books, registers, plans, archives; "**cannot divest himself of the custody … except with the permission of the council, or under the authority of a court**." **art. 267.1** — certified copies are **proof of contents**. **art. 1104.9** — the Government may require dissemination in an **open document format**.

> **Gap:** the Code gives custody and certification duties but **no general public right of access** — that's the **Act respecting access to documents held by public bodies (A-2.1)**.

## Officers (Title V)

- **art. 179** — every municipality must have a **clerk-treasurer** (*greffier-trésorier*). **Terminology:** the 2021 reform (2021 c. 31) **renamed the secretary-treasurer**; "secretary-treasurer" **does not appear** in the current text.
- **art. 210** — every municipality must have a **director general**, the **chief officer** — one person may hold **both** offices.
- **art. 211** — "under the authority of the council … **is responsible for the administration of the municipality**"; plans, organizes, directs, supervises.
- **art. 212** — duties: ensure communication between council and officers (with **access to all documents** and power to require any document/information from any officer); assist with the budget; **examine complaints and claims**; **examine draft by-laws**; report on decisions and use of funds; and **report suspected wrongdoing** to the Commission municipale or the Public Protector.
- **art. 165** — may appoint other officers; **art. 267.0.1** — dismissal/suspension of certain officers follows **s. 201 A-19.1**. **arts. 1104.2–1104.8** — **municipal ombudsman**.

### art. 492 — inspection

> "Every local municipality may make … by-laws **to authorize its officers, between 7:00 a.m. and 7:00 p.m., to visit and examine all movable and immovable property, as well as the interior or exterior of any house, building or edifice whatsoever, to ascertain if the by-laws are carried out**, to verify any information or determine any fact necessary to the exercise … of the power to issue a permit or a notice of compliance … **and to compel the owners, tenants or occupants … to receive its officers, and to answer all questions put to them** relative to the carrying out of the by-laws."

- **The word "inspector" appears zero times in the Code.** The power runs to "**officers**".
- **Not self-executing** — it requires an actual **art. 492 by-law**. Ask which one.
- Companion: **art. 520** (seizures and confiscations). **art. 678** — an **RCM** may adopt by-laws on arts. 491, **492**, 520, 569–624, 626. *(arts. 493–494, the rest of the old "Visits to Houses" subdivision, are **repealed**.)*

## Taxation and finances

- **art. 988** — "**All taxes are imposed by by-law or procès-verbal**, except in cases otherwise provided for." *(art. 973 itself is repealed.)*
- **art. 1000.1 — general taxation power:** a local municipality may **by by-law impose any direct tax** in its territory, subject to a long **negative list** — no tax on the supply of property/services, income/profits, paid-up capital, R&D or manufacturing machinery, remuneration, wealth or inheritance, mere presence/residence, alcohol, tobacco, fuel, cannabis, natural resources, or energy. The by-law **must** state the subject, rate/amount, and collection method; it **may** prescribe exemptions, penalties, interest, **assessment/audit/inspection powers**, refunds, and enforcement.
- **art. 1000.6 — dues:** may fund a **regulatory regime** in a field under the municipality's jurisdiction and may aim to **influence citizens' behaviour**; revenues go to a **dedicated fund**. Subject to ss. 145.21–145.30 **A-19.1**.
- **art. 954** — adopt the **budget between 15 November and 31 December**, with **revenues at least equal to expenditures**. Extended to 31 January in a general-election year. **No budget by 1 January → one-twelfth** of each prior-year appropriation is deemed adopted, monthly.
- **art. 953.1** — adopt the **three-year capital program** by **31 December**. **art. 956** — at least **eight days'** public notice before the budget sitting.
- **art. 966 / 966.5** — **external auditor**; auditor *ad hoc*. **Title XXVI** — loans, bond issues, temporary loans, working fund, **financial reserves** (1094.1).
- **Titles XXIV Ch. III / XXV** — the **collection roll**, seizure and sale of movables (1013), recovery suits (1019), and **sale of immovables for non-payment of taxes** with **redemption** (1057).

> **Property assessment/valuation is not here** — it's the **Act respecting municipal taxation (c. F-2.1)**, cross-referenced at arts. 692 and 1000.x.

## RCMs (MRCs)

- **art. 678** — an RCM may adopt by-laws/resolutions on arts. **491, 492, 520, 569–624, 626**.
- **art. 678.0.1 — the big one:** "A regional county municipality may **affirm its jurisdiction** in respect of the local municipalities whose territory is included in its territory with respect to **all or part of a field within their jurisdiction**." Affirming over **police services** needs the **Minister of Public Security**'s approval. Withdrawal-right limits at 678.0.2.9, 678.1, 681.1, 681.2 (interacting with **s. 188 A-19.1**).
- Structure: **Title II Ch. III** — RCM **executive committee** (123), **RCM delegates** (127.1), **board of delegates** (132). Warden rules in Title III.
- **Title XIX Ch. I (712–725)** — **roads, bridges and watercourses**, including sidewalks.

## What moved out of the Code

| Subject | Now in |
|---|---|
| **Land-use planning and ZONING** | **c. A-19.1** (*LAU*) |
| Elections and referendums | **c. E-2.2** |
| Constitution/amalgamation of municipalities | **c. O-9** |
| Property assessment & valuation | **c. F-2.1** |
| Access to documents | **c. A-2.1** |
| Penal procedure | **c. C-25.1** |
| Judicial review procedure | **c. C-25.01** (CCP) |
| Ethics & conduct of elected officials | **c. E-15.1.0.1** *(inferred from art. 164's reference; not enacted here)* |