Does a county public library system continue to be legally constituted if the number of municipalities that take part in the county library drops beneath 2/3?
Subsection 7(1) of the Public Libraries Act allows a county to pass a by-law establishing a county library where 2/3 thirds of the municipalities forming part of the county for municipal purposes so request. This is a pre-condition for the passing of such a by-law, and for the by-law to be valid the precondition must be met. There is nothing in the Public Libraries Act setting out any continuing qualifications for such a by-law. It is valid if at the time of its making the pre-condition was met, despite what may happen after the by-law is made.
