Municipal Affairs
Procedure for Handling the Disclosure of Wrongdoings Relating to Municipalities and Reprisal Complaints
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:
- Financial Management
- Property Assessment
- Municipal Court
- Société de transport de Montréal (STM)
- Agence métropolitaine de transport (AMT)
- Service de police de la Ville de Montréal (SPVM)
- Service de sécurité incendie de Montréal
- Direction de l’eau
- Air Quality
- Qualité des ruisseaux et des lacs intérieurs
- Accès Montréal card
- Ville de Montréal - Lake and river water quality
Communauté métropolitaine de Montréal (CMM)
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.
*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.
The City of Beaconsfield offers this service to citizens for official documents such as:
- Affidavit general (solemn declaration)
- Authorization to travel with a minor child
- Life certificate
- Invitation letter or lodging letter
Procedure for the citizen
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 may then administer oath, subject to the restrictions mentioned below. The declarant must, however, present a recognized piece of identification with photo.
Rate
- A maximum fee of $5 for each oath, according to the By-law on tariffs in force.
A Commissioner of Oaths cannot:
- Certify documents or attest that a copy of a document is in accordance to the original. However, the commissioner may administer an oath to a person who presents him or her a copy of a document and who declares that it is in accordance to the original document. Although, this declaration would not have the effect of giving a true value to this copy, because the depositary of an original document has this power only (for example, the notary for the notarial will, the registrar of civil status for a birth certificate).
Responsibilities
Commissioners of oaths are not required to verify the accuracy of a statement sworn under oath. In fact, it is the person making the oath that’s responsible for the content of the resulting document.
On the other hand, Commissioners of Oaths may refuse to administer an oath if he or she notes that:
- The document is not prepared in the prescribed form, it is clearly worded incorrectly or contains vulgar or unreasonable assertions;
- The affiant does not seem to be in full control of his or her faculties or does not seem to be able to express his or her will.
Non-exhaustive list of other persons authorized to administer an oath
Because of their status, many people can administer an oath without being specifically appointed by the Minister of Justice.
- Clerk of a court of justice and his deputy,
- Mayor and Councillors,
- City clerk or secretary-treasurer of a municipality (only within the limits of their municipality),
- Pastor or Minister of religion authorized to solemnize marriages in an unorganized territory,
- Lawyers, Notaries and justices of the peace.
For more information, visit: https://www.assermentation.justice.gouv.qc.ca/ServicesPublics/Accueil.aspx
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.