Publications

PFD | Municipal

  • July 2018
    PFD | Municipal


  • May 2018
    PFD | Municipal

    By Axel Fournier Lawyer

  • May 2018
    PFD | Municipal

    Paying at the wrong parking meter: New grounds for defence

    By Stéphanie Provost Lawyer
    Imagine parking your vehicle at a meter. The snow on the ground and an entrance to a parking lot hide the parking lines from view. You pay the fee for what you believe is your parking space and go about your day. You return to your vehicle with eight minutes left on the meter. To your surprise, there is a ticket under the wiper for parking a vehicle at an expired meter. You realize you paid the wrong meter.

  • February 2018
    PFD | Municipal

    Contract Management Regulations for the Awarding of Municipal Contracts

    By Joanne Côté Lawyer
    The Act mainly to recognize that municipalities are local governments and to increase their autonomy and powers (Bill 122), which was passed on June 16, 2017, sets out provisions relating to the required and optional content of current municipal contract management policies.

  • November 2017
    PFD | Municipal

    Municipalities granted new tax powers

    By Axel Fournier Lawyer
    On January 1, 2018, the new sections of the Act mainly to recognize that municipalities are local governments and to increase their autonomy and powers will come into effect, granting new tax powers to municipalities. Cryptically drafted, these new provisions merit clarification.

  • May 2017
    PFD | Municipal
    Call for tenders

    Minor versus major irregularities

    By Stéphanie Provost Lawyer
    Determining whether an irregularity is minor or major is critical when awarding a contract as part of a call for tenders. Indeed, tender documents generally set out eligibility conditions that must be taken into account. However, when should non-compliance with these conditions lead to the disqualification of a bid?

  • February 2017
    PFD | Municipal

    When the creation of a conservation area disguises an expropriation

    By
    On November 7, 2016, the Court of Appeal delivered a judgment that establishes the limits of jurisdiction of cities in the creation of conservation areas.

  • December 2016
    PFD | Municipal

    Judicial review of a report by the Commission municipale du Québec and the legal representation fees of an elected municipal official

    By Stéphanie Provost Lawyer
    On April 30, 2015, the Commission municipale du Québec released a report on certain aspects of the administration of Ville de L'Assomption. The Commission municipale du Québec severely criticized the city's mayor, Mr. Jean-Claude Gingras, for behaviours it considered unreasonable, unacceptable, inadmissible and even unlawful.

  • May 2016
    PFD | Municipal

    A municipality cannot seek growth fees under development agreements

    By Joanne Côté Lawyer
    On March 16, 2016, in Association provinciale des constructeurs d'habitations du Québec (A.P.C.H.Q.) région de l'Outaouais inc. v. Gatineau (Ville de), 2016 QCCS 1124, the Honourable Chantal Chatelain of the Superior Court of Québec handed down a ruling on the validity of the provisions of a municipal regulation of the city of Gatineau on development agreements and the charging of growth fees.

  • March 2016
    PFD | Municipal

    Impending legislative changes in the tourist accommodation industry

    By François Alexandre Guay
    When Bill 67 becomes effective, it will extend the scope of the obligation to obtain a classification certificate and modify the standards to grant one.

  • November 2015
    PFD | Municipal

    The starting point of prescription: An issue of facts

    By Stéphanie Provost Lawyer
    On September 11, 2015, in Bolduc v. Ville de Lévis (2015 QCCA 1428), the Court of Appeal addressed the issue of the starting point of the six-month prescription period provided in article 586 of the Cities and Towns Act.The appellant owns land on which he built his home. When the home was being built, the appellant was not aware that the property was located in a zone in which construction was restricted under a municipal by-law.

  • April 2015
    PFD | Municipal

    The consensual cancellation of a deed of sale constitutes a transfer and therefore subject to transfer duties

    By Joanne Côté Lawyer
    In his ruling in 9191-3004 Québec inc. v. Ville de Repentigny (2014 QCCS 6147) on December 16, 2014, the Hon. Clément Trudel of the Superior Court of Québec stated that transfer duties were applicable upon the sale of a property as well as upon the consensual cancellation of a sale.

  • October 2011
    PFD | Municipal
    NEW MUNICIPAL LEGISLATION

    Regulation respecting construction contracts of municipal bodies

    In amending the Act respecting contracting by public bodies on June 8th, the legislator added another string to its bow by setting out means to regulate the granting of construction contracts by municipal bodies.

  • April 2011
    PFD | Municipal

    Recognizing the jurisdiction of local municipalities to implement by-laws for the restoration of lake and river shorelines

    By Joanne Côté Lawyer
    In recent years, many of Québec's local municipalities have adopted by-laws to restore the shorelines of lakes and rivers, prohibiting riparian land owners and occupants from cutting down the vegetation growing in a 10-metre strip (more or less) along the shoreline and requiring that shorelines be restored by planting shrub and tree species.

  • December 2010
    PFD | Municipal
    MUNICIPALITIES CONTRACT

    The municipalities must implement management policies

    By Stéphane Sansfaçon
    With the allegations and accusations brought to light by the media in recent months against certain municipalities, two laws were passed earlier this year, requiring that towns implement measures to help reduce...

  • April 2010
    PFD | Municipal
    MUNICIPAL RESPONSIBILITY

    Unwarranted refusal to issue a permit

    By Albert Prévost Lawyer
    After some hesitation, a municipal officer confirmed that the construction of a residence for persons with physical and intellectual disabilities in a residential zone of the municipality was permitted under municipal regulations.

  • February 2009
    PFD | Municipal
    ACCESS TO DOCUMENTS AND MUNICIPALITIES

    Recent Developments

    By Joanne Côté Lawyer
    In the past few months, the Commission d'accès à l'information rendered several decisions of interest regarding documents held by municipalities in the exercise of their functions.