Boroughs empowered to authorize collective religious practice

Summary#

Montréal city council adopted a bylaw amending the Règlement intérieur de la ville sur la délégation de pouvoirs du conseil de la Ville aux conseils d'arrondissement (02-002). It gives borough councils the city council’s power to authorize collective religious practice on a public road or in a park, subject to Québec law. City staff say the goal is to make decisions about such authorizations simpler.

  • Borough councils may authorize such a practice only exceptionally, case by case, and only if the conditions in provincial law are met.
  • Borough councils remain responsible for local rules that may also apply, such as noise, traffic and use of public space.
  • According to city staff, provincial law generally prohibits collective religious practice on public roads and in parks; it provides for fines for people who organize or take part in a prohibited practice.

What it means for you#

  • Borough councils: They now have the delegated power to decide whether to authorize a collective religious practice on a public road or in a park. They may also need to use local rules, such as issuing a permit or adopting an order.
  • People organizing or attending a practice: This bylaw does not itself authorize an event or create a general right to hold one. Any authorization must be exceptional and meet provincial-law conditions as well as applicable local rules.
  • Other users of public space: The decision does not itself change local rules on matters such as noise, traffic or use of public space.

Money#

City staff list the financial impact as not applicable; no cost estimate is provided.

  • The materials do not state whether the delegated work will require additional staff or other spending.

What is unclear#

  • The bylaw is stated to take effect on publication, but the supplied material does not give the publication date.
  • The supplied material does not set out an application process, decision timelines, reasons that must be given, or an appeal process.
  • The underlying bylaw 02-002 was not supplied, so its other delegation rules and the exact wording of this amendment could not be checked.

Case for#

  • City staff say the delegation avoids having both city council and the borough council involved in decisions, which could simplify decision-making.
  • Borough councils already handle local rules affecting public space, so giving them the authorization power puts related decisions at one level of municipal government.

Case against#

  • A possible concern is that borough councils could take different approaches; the supplied material does not describe shared decision criteria or oversight.
  • The amendment delegates authority but does not explain how people would seek authorization or how the public would learn about decisions.