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TO ALL INTERESTED PERSONS QUALIFIED TO SIGN AN APPLICATION TO TAKE PART IN A REFERENDUM - DRAFT BY-LAW 1700-76

septembre 23, 2010

TO ALL INTERESTED PERSONS QUALIFIED TO SIGN AN APPLICATION TO TAKE PART IN A REFERENDUM

DRAFT BY-LAW 1700-76

1. Purpose of the draft by-law and applications to take part in a referendum

Further to the public consultation meeting held on Tuesday, September 7, 2010, the borough council adopted, the same day, a second draft by-law 1700-76 entitled: “By-law modifying Zoning By-law 1700, as amended, so as to:

 Modify the norms applicable to the dimension of an area located within a dwelling unit for business or commercial purposes;

 Limit the number of employees operating a home based business to two (2) employees;

 Limit to a total of five (5) students permitted for “private education” use.”

The second draft by-law contains provisions that are subject to approval by way of referendum.  Interested persons may file an application to require that a by-law containing such provisions be submitted for their approval in accordance with the Act respecting elections and referendums in municipalities:  Information concerning these provisions and qualified voters in the zones affected and those in any contiguous zone from which a valid application originates may be obtained at room 102 of the borough hall located at 4555 rue de Verdun, Monday to Thursday, from 8:30 a.m. to 5 p.m., and Friday, from 8:30 a.m. to 12:30 p.m., without interruption, or by calling 311.
A copy of this second draft by-law may be obtained, free of charge, at room 102 of the borough hall located at 4555, rue de Verdun.
2. Validity of an application

To be valid, an application must:
• clearly state the provision(s) to which it refers and the zone from which it originates;
• be received within 8 days of the publication of this notice, no later than 12:30 p.m. on Friday, October 1, 2010;
• be signed by at least 12 interested persons in the zone from which it originates or by at least a majority of them if the number of interested persons in that zone does not exceed 21.
3. Interested persons
3.1  An interested person is a person who is not disqualified under the law and who meets the following conditions on September 7, 2010:
• is domiciled in the zone from which an application may originate;
• has been domiciled for at least 6 months in Quebec.
3.2 Any sole owner of an immovable or sole occupant of a business establishment who is not disqualified under the law and who meets the following conditions on September 7, 2010:
• has been the owner of an immovable or the occupant of a business establishment for at least 12 months in the zone from which an application may originate.
3.3 Any undivided co-owner of an immovable or co-occupant of a business establishment who is not disqualified under the law and who meets the following conditions on September 7, 2010:
• has been the undivided co-owner of an immovable or the co-occupant of a business establishment for at least 12 months in the zone from which an application may originate;
• has been designated, by power of attorney signed by the majority of persons who have been co-owners or co-occupants for at least 12 months, as the person authorized to sign on their behalf and to have his name entered on the referendum list, as the case may be.  The power of attorney must have been produced ahead of time or produced with the application.
A natural person must be of legal age, a Canadian citizen, and not under curatorship.
A legal person must:
• have designated from among its members, directors or employees, by resolution, a person who, on September 7, 2010, is of full age, a Canadian citizen, and not under curatorship or any voting disqualification;
• have previously produced, or produce at the same time as the application, a resolution designating the authorized person to sign the application and to have his name entered on the referendum list, as the case may be.
Except in the case of a person designated as representative of a legal person, no one may be considered an interested person in more than one capacity, in accordance with section 531 of the Act respecting elections and referendums in municipalities.
4. Absence of applications

Provisions for which no applications were filed may be included in a by-law that need not be submitted for the approval of qualified voters.
5. Consultation of documents
 The second draft by-law may be consulted at room 102 of the borough hall, 4555 rue de Verdun, Monday to Thursday, from 8:30 a.m. to 5 p.m., and Friday, from 8:30 a.m. to 12:30 p.m., without interruption.

Given at Montréal, arrondissement de Verdun, Québec,
this September 23, 2010

Mireille Campisi
Substitute borough council secretary