Municipal law

  • Functioning of municipal councils, elections, ethics, and professional conduct
  • Remuneration of elected municipal officers
  • Work relations
  • Access to municipal documents
  • Municipal jurisdiction and regulatory powers
  • Contract management
  • Extra-contractual liability
  • Taxation
  • Right of expropriation for public purposes
  • Land use and urban planning
  • Preservation of agricultural land and activities
  • Penal offences pertaining to municipal law

Municipal law is particularly important at Cain Lamarre because it is a leading sector that many professionals are involved in.

Since the only powers Québec municipalities have are those conferred on them by legislators, our law practitioners have to deal with a number of specific laws.

The Municipal Powers Act grants municipalities most of their powers, while the Cities and Towns Act and the Municipal Code of Québec govern how municipalities operate, particularly by setting out rules for holding municipal council meetings, exercising regulatory powers, borrowing, taxation, and awarding municipal contracts.

Other laws also apply to municipalities, including the Act respecting land use planning and development, the Act respecting municipal taxation, the Act respecting elections and referendums in municipalities, the Expropriation Act, the Act respecting municipal territorial organization, the Municipal Aid Prohibition Act, and the Act respecting Access to documents held by public bodies and the Protection of personal information.

The primary concern our professionals have when representing a municipality is to ensure that the municipality is acting within the limits of its jurisdiction.

Beyond this series of laws, they must ascertain the regulatory power of the municipalities they represent and ensure that such regulations are followed before the appropriate judicial bodies.

Expropriation and municipal taxation

Expropriation is an even more delicate procedure as it directly affects one of the fundamental elements of our society—property rights.

Certain Cain Lamarre professionals have developed specific expertise in this area. They have a thorough understanding of the laws that authorize expropriation and can assist municipalities involved in such a process.

Municipal taxes are also a key concern of municipalities, particularly property taxes, which represent a large part of their revenue. Our law practitioners can guide you through the process as they understand the workings of the Act respecting municipal taxation and the procedure for challenging property values on an assessment roll.