Acts and Regulations

M-22 - Municipalities Act

Section 12
Disposition versions

Full text
Passage of by-laws
12(1)Subject to subsections (1.1), (1.2) and (1.3), no by-law under this Act is valid until it is
(a) read three times by title;
(b) read in its entirety in a regular or special meeting of council at least once prior to third reading by title; but where there has been published twice a week for two weeks in a newspaper having general circulation within the municipality a notice
(i) describing the proposed by-law by title and generally by subject matter, and
(ii) stating that the proposed by-law may be examined in the office of the clerk during regularoffice hours,
and if at least fourteen days have elapsed between the day on which the notice was first published and the day on which the by-law is read for the third time by title, it may be read by section numbers only, if no member of council objects;
(c) sealed with the corporate seal of the municipality;
(d) signed by the clerk and the mayor or in his absence the presiding officer of the council who presided at the meeting at which it was enacted; and
(e) stated thereon that it is enacted by the council of the municipality.
12(1.1)Where any by-law is a revision of a by-law resulting from the conversion of the expression of measurement contained in that by-law from the Canadian system of units to that of the International System of Units, that by-law is valid if it is
(a) read three times by title;
(b) presented in printed form in its entirety in council or in committee of the whole council and filed with the clerk for a period of not less than thirty days subsequent to second reading by title;
(c) sealed with the corporate seal of the municipality;
(d) signed by the clerk and the mayor or, in his absence, the presiding officer of the council who presided at the meeting at which it was enacted;
(e) stated thereon that it is enacted by the council of the municipality; and
(f) approved by the Minister as conforming with the requirements of this subsection.
12(1.2)Notwithstanding any Act or a regulation under it, a by-law which only repeals a by-law in one official language and substitutes it with the same by-law in both official languages or a by-law in one official language which is amended only by adopting a version of the by-law in the other official language is valid if it is
(a) read three times by title,
(b) distributed in printed form in its entirety to council and to members of the public present at its first reading by title,
(c) filed with the clerk for a period of not less than fourteen days subsequent to its first reading by title,
(d) sealed with the corporate seal of the municipality,
(e) signed by the clerk and the mayor or, in the mayor’s absence, the presiding officer of the council who presided at the meeting at which it was enacted, and
(f) stated thereon that it was enacted by the council of the municipality.
12(1.3)A by-law referred to in subsection (1.2) may be amended at any time prior to third reading by title without having to further file the by-law pursuant to paragraph (1.2)(c).
12(2)Unless all the members present declare by resolution that an emergency exists, not more than two of the three readings by title shall take place at one meeting of the council.
12(3)A proposed by-law may be amended at any time prior to third reading by title.
12(4)Where this Act provides that to enact a by-law two-thirds of the whole council or the whole council must vote in favour thereof, it shall be sufficient compliance with such provision if two-thirds of the whole council or the whole council, respectively, vote in favour of the by-law on third reading by title.
12(4.1)Notwithstanding the definition of “council” in section 1, where this Act makes provision for the making of a by-law and makes reference to the whole council, “whole council” means those members of council, including the mayor, who are not disqualified from voting on the by-law.
12(5)Nothing in this section invalidates a by-law made before the coming into force of this section.
1966, c.20, s.13; 1972, c.49, s.4; 1977, c.M-11.1, s.19; 1981, c.52, s.2; 1982, c.43, s.3; 1987, c.6, s.68; 2002, c.43, s.1; 2003, c.27, s.10
Passage of by-laws
12(1)Subject to subsections (1.1), (1.2) and (1.3), no by-law under this Act is valid until it is
(a) read three times by title;
(b) read in its entirety in a regular or special meeting of council at least once prior to third reading by title; but where there has been published twice a week for two weeks in a newspaper having general circulation within the municipality a notice
(i) describing the proposed by-law by title and generally by subject matter, and
(ii) stating that the proposed by-law may be examined in the office of the clerk during regularoffice hours,
and if at least fourteen days have elapsed between the day on which the notice was first published and the day on which the by-law is read for the third time by title, it may be read by section numbers only, if no member of council objects;
(c) sealed with the corporate seal of the municipality;
(d) signed by the clerk and the mayor or in his absence the presiding officer of the council who presided at the meeting at which it was enacted; and
(e) stated thereon that it is enacted by the council of the municipality.
12(1.1)Where any by-law is a revision of a by-law resulting from the conversion of the expression of measurement contained in that by-law from the Canadian system of units to that of the International System of Units, that by-law is valid if it is
(a) read three times by title;
(b) presented in printed form in its entirety in council or in committee of the whole council and filed with the clerk for a period of not less than thirty days subsequent to second reading by title;
(c) sealed with the corporate seal of the municipality;
(d) signed by the clerk and the mayor or, in his absence, the presiding officer of the council who presided at the meeting at which it was enacted;
(e) stated thereon that it is enacted by the council of the municipality; and
(f) approved by the Minister as conforming with the requirements of this subsection.
12(1.2)Notwithstanding any Act or a regulation under it, a by-law which only repeals a by-law in one official language and substitutes it with the same by-law in both official languages or a by-law in one official language which is amended only by adopting a version of the by-law in the other official language is valid if it is
(a) read three times by title,
(b) distributed in printed form in its entirety to council and to members of the public present at its first reading by title,
(c) filed with the clerk for a period of not less than fourteen days subsequent to its first reading by title,
(d) sealed with the corporate seal of the municipality,
(e) signed by the clerk and the mayor or, in the mayor’s absence, the presiding officer of the council who presided at the meeting at which it was enacted, and
(f) stated thereon that it was enacted by the council of the municipality.
12(1.3)A by-law referred to in subsection (1.2) may be amended at any time prior to third reading by title without having to further file the by-law pursuant to paragraph (1.2)(c).
12(2)Unless all the members present declare by resolution that an emergency exists, not more than two of the three readings by title shall take place at one meeting of the council.
12(3)A proposed by-law may be amended at any time prior to third reading by title.
12(4)Where this Act provides that to enact a by-law two-thirds of the whole council or the whole council must vote in favour thereof, it shall be sufficient compliance with such provision if two-thirds of the whole council or the whole council, respectively, vote in favour of the by-law on third reading by title.
12(4.1)Notwithstanding the definition of “council” in section 1, where this Act makes provision for the making of a by-law and makes reference to the whole council, “whole council” means those members of council, including the mayor, who are not disqualified from voting on the by-law.
12(5)Nothing in this section invalidates a by-law made before the coming into force of this section.
1966, c.20, s.13; 1972, c.49, s.4; 1977, c.M-11.1, s.19; 1981, c.52, s.2; 1982, c.43, s.3; 1987, c.6, s.68; 2002, c.43, s.1; 2003, c.27, s.10