Municipal Affairs

Procedure for Handling the Disclosure of Wrongdoings Relating to Municipalities and Reprisal Complaints

The Act to facilitate the disclosure of wrongdoings relating to public bodies (the Act), assented to on December 9, 2016, was designed to facilitate the disclosure, in the public interest, of wrongdoings committed or about to be committed in relation to public bodies and establish a protection regime against reprisals. It responds to Recommendation No. 8 of the Commission d’enquête sur l’octroi et la gestion des contrats publics dans l’industrie de la construction (Charbonneau Commission) on the support and protection of whistleblowers.
 
The following document provides information on disclosures and how they are processed by the CIME, as well as the remedies available when a person faces reprisals in connection with disclosure or threats of reprisals. Click to to consult the document (PDF)

The City of Montréal assume responsibility for providing urban agglomeration services to all island residents and for administering the facilities involved in carrying out this process. To know more about the agglomeration services, consult:

 

Communauté métropolitaine de Montréal (CMM)

Created in 2001, the Communauté métropolitaine de Montréal is a planning, coordinating and financing organization that brings together 82 municipalities, or 4 million people spread over an area of more than 4,360 km2.
 
The CMM exercises responsibilities in the areas of regional planning, economic development, social housing, public transport and the environment. Click here to visit the website.
 

Under section 585 and followings of the Cities and Towns Act (R.S.Q. chapter C-19), if any person claims or pretends to have suffered property damages* or bodily injury by any accident, for which he or she intends to claim damages from the municipality, he or she shall, within fifteen (15) days from the date of such accident or damage, give or cause to be given notice in writing to the Clerk of the municipality of such intention. IMPORTANT: A notice given by phone or orally does not constitute an adequate notice as per the Cities and Towns Act.

A written notice may be given using the online form. It must be filed by e-mail at info@beaconsfield.ca or in person or by mail (see below for address). IMPORTANT: It is your responsibility to verify the reception of a document sent by e-mail or by mail.

The notice must be given within the 15 days period described above and include:

  • Surname and given name of claimant;
  • Address of claimant;
  • Phone number and/or e-mail of claimant;
  • Cause of damage;
  • Date and location of damage;
  • Claim details;
  • Photos, if available;
  • Repair or replacement invoice(s), if available.

City Clerk's Office
City of Beaconsfield
303 Beaconsfield Boulevard
Beaconsfield (Quebec) H9W 4A7

Telephone: 514 428-4420

It is suggested that you notify your personal insurance company, if any, of any damages.

 
icon_PDF_iconNotice of claim Form

*The concept of "property damage" refers both to damages to movable assets (e.g. car) and to real estate (e.g. house). A direct link must exist between the fault and the damage to pledge the liability of the municipality.

Cases where the municipality cannot be held liable for damages

The Cities and Towns Act (hereafter "CTA") discharges the municipality in certain cases:

Subject CTA Provisions Description
Object on Roadway

604.1 para 1 

 

• "The municipality is not liable for damage caused by the presence of an object on the roadway or on a walkway or bikeway (...)", whether or not the object originates from an automotive vehicle or was catapulted by it.

• "Object" refers to any object that is not part of the roadway (e.g. a plank on the roadside from a construction site).

• Damages can be caused to automotive vehicles, a motorbike or a bicycle, among others.

• "Roadway" refers to streets, alleys and sidewalks.

 State of the Roadway

 604. para 2

 

 • "[The municipality] is [not] liable for damage caused by the state of the roadway or bikeway to the tires or suspension system of a vehicle".

• It is still possible to file a claim for damages other than those to the tires or suspension system of a vehicle.

• The expression "state of the roadway" includes potholes, catch basin lids, and manholes that are raised above ground, among others.

 Absence of Fence  604.2  • "The municipality is not liable for damage resulting from the absence of a fence between the right of way of a street, road, walkway or bikeway and contiguous land".
 Fault of a Contractor  604.3  • "The municipality is not liable for damage caused through the fault of a builder or contractor to whom building, rebuilding or maintenance work has been entrusted, for the entire duration of such work".

• The discharge also includes contracts awarded to contractors by the municipality.

 Snow or Ice  585 ss 7  • "No municipality may be held liable for damage resulting from an accident, of which any person is the victim, on the sidewalks, streets, roads, walkways or bikeways, by reason of the snow or ice, unless the claimant establishes that the said accident was caused by the negligence or fault of the said municipality, the court having to take into account the weather conditions".
 Sewer Back-Up  585 ss 8  • "No right of action shall lie against the municipality for damages caused by the back-flow from a sewer to articles, merchandise or effects kept for any purpose in a cellar or basement, if the claimant has already received compensation from the municipality for similar damages caused at the same place and has not subsequently installed there, 30 cm at least from the floor and at a distance of at least 30 cm from the exterior walls, a support on which such articles, merchandise or effects must be kept".

• The discharge includes both sanitary and storm sewer back-ups

Expiry of Claim Period  585 ss 1  • "In case of any claim for damages to property (...) a (...) notice shall also be given to the clerk of the municipality, within 15 days, failing which the municipality shall not be liable for any damages, any provision of law to the contrary notwithstanding".

Backwater valve:

In some cases, the City is not responsible for water damage in the absence of a functioning backwater valve.

Damage caused to an automobile:

It is important to note that, in the case of damage to an automobile following an incident involving a City-owned vehicle, the Québec Automobile Insurance Act applies as well as Québec's Direct Compensation Agreement. In such circumstances, the recourse of the owner, for material damage caused by automobile accident, can be exercised only against the insurer with whom he has taken out motor liability insurance. The victim of the damage can not therefore apply directly to the City to claim the damages suffered.

Claim Processing Time

On average between two and three months.

Proceeding for Damages

If the municipality refuses to compensate you, you can file a proceeding for damages in the Small Claims Court if the amount claimed is $15,000 or under. If the amount is over $15,000, the claimant can refer the matter to the attorney of his or her choice.
The prescription to file a proceeding for damages against the municipality is:

  • six months following the date of the event for property damage;
  • three years from the day the right to take action accrued for bodily injury.

Please note that it is your responsibility to respect the limitation periods provided for by the Cities and Towns Act and the Civil Code of Québec. It should be noted that negotiations with the City do not have the effect of interrupting the limitation periods.

The reader must at all times refer to the text of the applicable law.

  • Affidavit general
  • Minor children
  • Birth certificate
  • Certified photocopies

Commissioner for Oaths

How to obtain ...

Each person wishing to make a Solemn declaration on a document must come to City Hall in person with the completed but not signed form. A commissioner of Oaths will receive them and their oath. The person must present a piece of identification with photo.

There will be a charge for each photocopy that needs to be signed, plus taxes. Please refer to Tariff by-law for details.

Commissioner for oaths have the official title of “Commissioner for Oaths for Québec”.

Powers and restrictions

For a proceeding or document intended for use in Québec, a commissioner for oaths may:

  • administer an oath in Québec;
  • charge a maximum fee of $5 per oath.

Commissioners for oaths may not

  • receive, under oath, an affidavit made by a close relative (father, mother, brother, sister, spouse or child);
  • as part of their duties, attest that a copy of a document is identical to the original.

The person presenting the copy can make an oath before a Commissioner that it is identical to the original, but this does not make the copy an authentic document. Only the person having custody of an authentic document (such as a notary, in the case of a notarized will, or the registrar of civil status, in the case of an act of birth) can attest that a copy of such a document is also authentic.

Responsibilities

Commissioners for oaths are not required to verify the accuracy of a statement sworn under oath; the person making the oath is responsible for the content of the resulting document.

However, commissioners for oaths may refuse to administer an oath if they note that:

  • the document is not in the required form, is visibly incorrect or contains gratuitous or offensive statements;
  • the person making the oath does not appear to be in full possession of his or her faculties or does not appear able to express his or her wishes.

Commissioners of oaths must require the person making the oath to sign the document in their presence, since the commissioner must be able to attest to both the oath and the person’s signature.

For more information, visit:
http://www.justice.gouv.qc.ca/english/sujets/glossaire/comm-asser-a.htm

The City of Beaconsfield, being a public body, is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information.

The right of access to documents applies to all documents held by the public body. However, certain restrictions apply with respect to the protection of personal information, impacts on public security, administrative or political decisions.

A request for access to a document must be addressed to the person in charge of access to documents within the City and must clearly indicate the nature and object of the request. You may submit a written request, in person or by mail at the following address:

Nathalie Libersan-Laniel
Person in charge of access to documents
City of Beaconsfield
303 Beaconsfield Boulevard
Beaconsfield (Québec) H9W 4A7

You may also send your request by email to nathalie.libersan-laniel@beaconsfield.ca or by fax at 514 428-4424.

The person in charge of access will then study the request and render a decision in writing.

The person in charge of access has 20 days to render a decision and if necessary, has the possibility of extending the delay by an additional 10 days. If you do not receive a reply by that time or if your request is denied, you may appeal the decision to the Commission d'accès à l'information:

Commission d'accès à l'information
480, Saint-Laurent, Suite 501
Montreal (Quebec) H2Y 3Y7
Telephone: 514 873-4196
www.cai.gouv.qc.ca

The request may be made in writing or orally, but only a decision on a written request may be reviewed by the Commission d'accès à l'information.