A-33.3, r. 2 - By-law respecting transportation dues regarding the Réseau express métropolitain

Updated to 1 January 2024

This document has official status.

chapter A-33.3, r. 2

By-law respecting transportation dues regarding the Réseau express métropolitain

Act respecting the Autorité régionale de transport métropolitain

(chapter A-33.3, ss. 97.2 and 97.3).

The rates prescribed in the Regulation have been indexed as of 1 January 2024 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 December 2023, page 903. (s. 3, Sch. C)

CHAPTER I INTRODUCTION

M.O. 2018-04, c. I.

1. The purpose of this By-law is to finance the Réseau express métropolitain (REM), a shared transportation system, by subjecting certain work to payment of transportation dues in zones within the jurisdiction of the Autorité régionale de transport métropolitain (the Authority) and identified as lending themselves to coordination of urbanization and shared transportation services.

M.O. 2018-04, s. 1.

2. A further purpose of this By-law is to require a permit be obtained for work subject to REM transportation dues if the work may be carried out without such a permit in a local municipality’s territory, in accordance with section 97.7 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3).

M.O. 2018-04, s. 2.

CHAPTER II DETERMINATION OF TRANSPORTATION DUES

M.O. 2018-04, c. II.

DIVISION 1 RATE AND CALCULATION OF DUES

M.O. 2018-04, Div. 1.

3. The work under Division 2 of this Chapter is subject to payment of transportation dues with respect to a building wholly or partly situated in a zone that lends itself to coordination of urbanization and shared transportation services financed by the Authority, even in part, as those zones are more amply described in Chapter III, at the applicable rate set in Schedule C and adjusted in accordance with section 85 of the Act respecting the Réseau électrique métropolitain (chapter R-25.02).

The dues are calculated in accordance with section 97.2 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) at the time the relevant permit is issued for the work subject to payment of the dues.

The rate of the dues is adjusted by operation of law in the same manner as the amount of $909,404 set in the first paragraph of section 97.2 of the Act respecting the Autorité régionale de transport métropolitain, using the provisions in that section that determine the adjustment of that amount.

M.O. 2018-04, s. 3.

DIVISION 2 WORK SUBJECT TO PAYMENT OF DUES

M.O. 2018-04, Div. 2.

4. The following work having a value and floor area exceeding the value and floor area out in section 97.2 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) is subject to the payment of dues if the work is carried out to

(1)  erect a building;

(2)  rebuild a building except for floor area reconstruction following a fire, flood or other natural disaster that occurred in the preceding 24 months;

(3)  increase the floor area of a building; or

(4)  redevelop a building in connection with a change in use, even partial, consisting in a change from one of the following 5 classes, described in Schedule D to this regulation:

(a)  housing;

(b)  commerce and services/office/tourism accommodations or meeting venues;

(c)  collective or institutional installations;

(d)  industry;

(e)  parking.

For the application of this regulation, and subject to the provisions of the third paragraph, any use of a building or portion of a building is to be categorized in either one of the classes listed in subparagraph 4 of the first paragraph.

If a building or a portion of a building is vacant or unused, its use is deemed to correspond to the class, among those listed in subparagraph 4 of the first paragraph, of the most recent use carried out in the relevant building or portion of building. Where a building has never been used, its initial fit up is not subject to subparagraph 4 of the first paragraph.

M.O. 2018-04, s. 4; M.O. 2020-12, s. 1.

DIVISION 3 VALUE OF WORK

M.O. 2018-04, Div. 3.

5. For the purpose of determining the transportation dues, the value of the work subject to payment of the dues that is established by the municipality at the time the permit is issued includes the total of the following fees, excluding taxes:

(1)  fees for supplying and installing all material and equipment integrated into the building, including the material and equipment relating to architecture, structure, mechanics and electricity, but not including fees for supplying and installing devices used in connection with an industrial process or industrial production nor fees for supplying and installing equipment aimed at making the building free from obstacles or barriers for persons with a mobility impairment;

(2)  excavation and backfilling fees.

M.O. 2018-04, s. 5; M.O. 2020-12, s. 2.

DIVISION 4 DETERMINATION OF THE FLOOR AREA OF WORK SUBJECT TO PAYMENT OF TRANSPORTATION DUES

M.O. 2018-04, Div. 4.

6. For the purpose of determining the transportation dues, the floor area of work subject to payment of the dues is equal to the sum of each floor area covered by the work, including mezzanine and basement work. Floor area is measured from the outside surface of the external walls.

M.O. 2018-04, s. 6.

DIVISION 5 PAYMENT OF DUES

M.O. 2018-04, Div. 5.

7. The debtor of the transportation dues is the owner of an immovable on which work under section 4 is carried out.

The term “owner” means

(1)  the person holding the right of ownership in an immovable;

(2)  the person possessing an immovable as the emphyteuta;

(3)  the person possessing an immovable as the usufructuary;

(4)  the person holding a right of superficies in an immovable;

(5)  the occupant of an immovable belonging to a person referred to in section 97.12 of the Act respecting the Autorité de transport régional métropolitain (chapter A-33.3) or belonging to any other person not subject to payment of the transportation dues, excluding occupation by any of those persons; and

(6)  the syndicate of co-owners.

M.O. 2018-04, s. 7.

8. The dues are payable by the owner, are collected by the local municipality on behalf of the Authority, and must be paid in full by bank draft at the time the permit referred to in the second paragraph of section 3 is issued. Payment by a third person is deemed to be made on behalf of the owner.

M.O. 2018-04, s. 8.

9. Assessment of whether the threshold levels are met for work subject to payment of dues must take into consideration the value of the constructions and works and the movables incorporated as well as the floor areas previously authorized for a building owned by the same owner by municipal by-laws or this By-law since its coming into force and in the 48 months since the last authorization.

M.O. 2018-04, s. 9.

10. If work subject to payment of dues is carried out without a permit, the dues are payable by the sole fact that the work is work subject to such payment.

M.O. 2018-04, s. 10.

CHAPTER III RULES FOR THE DETERMINATION OF ZONES LENDING THEMSELVES TO COORDINATION OF URBANIZATION AND SHARED TRANSPORTATION SERVICES

M.O. 2018-04, c. III.

11. This By-law applies with respect to the zones lending themselves to coordination of urbanization and shared transportation services identified in Resolution 20-CA(ARTM)-39 of the Autorité régionale de transport métropolitain dated 22 May 2020, those zones appearing with the stations and delineations in Schedules A and B.

The zones are defined in relation to where each REM station is located, using the Cartesian coordinates of each station shown in Schedule B, which are based on the North American Datum of 1983 (NAD83) and the Modified Transverse Mercator projection system (MTM Zone 8), in accordance with the Système québécois de référence cartographique (SQRC).

The zones for the Édouard-Montpetit, Gare Centrale and McGill stations correspond to a circle having a radius of 500 m extending outward from each station.

The zones for the other stations listed in Schedule C correspond to a 1-km circle extending outward from each station.

The zone delineation is adjusted to exclude any immovable in an agricultural zone within the meaning of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

The zone delineation is adjusted to exclude any lot from which access to the REM station in any season is not possible, on foot or by vehicle, owing to the presence of a watercourse.

M.O. 2018-04, s. 11; M.O. 2020-12, s. 3.

CHAPTER IV EXEMPTIONS

M.O. 2018-04, c. IV.

12. In addition to the exemptions provided for in section 97.12 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3), no dues are payable for work carried out on an immovable forming part of an agricultural operation described in section 36.2 of the Act respecting the Ministère de l’agriculture, des pêcheries et de l’alimentation (chapter M-14).

M.O. 2018-04, s. 12.

CHAPTER V OBLIGATIONS OF THE MUNICIPALITY

M.O. 2018-04, c. V.

13. The municipality in whose territory a zone is situated must, on the Authority’s behalf, collect the dues payable for work subject to them carried out on a building, without any reduction in the dues even though the work is carried out on a building only partly situated in a zone.

M.O. 2018-04, s. 13.

14. The procedure for collecting the dues entails the municipality requiring every person applying for a permit for work under section 4 to furnish, in addition to the specifics required under the applicable permit issue system, all information and supporting documents required by Schedule E to assess whether the work covered by the application is to be made subject to the payment of dues.

M.O. 2018-04, s. 14.

15. If the work subject to this By-law may be undertaken without it being necessary for a permit to first be issued by the municipality, to be able to carry out the work the owner of the immovable concerned must obtain a permit issued under this By-law. The municipality is responsible for issuing the permit.

M.O. 2018-04, s. 15.

16. If the municipality becomes aware that the location of the building being worked on, the actual area of work under section 4 or the actual value of that work is different from that established at the time the authorizing permit is issued, the municipality must inform the Authority and the dues are adjusted higher or lower, entailing a supplement or a reimbursement, as the case may be.

M.O. 2018-04, s. 16.

16.1. Any refund application must be transmitted by the municipality that collected the transportation dues to the Autorité régionale de transport métropolitain by using the form set out in Schedule F to this regulation and attaching all information requested.

M.O. 2020-12, s. 4.

17. Any provisions of this By-law requiring a permit be obtained to carry out work subject to the payment of transportation dues and providing for a permit issue system that are inconsistent with the provisions of a municipal by-law dealing with the same matter have no effect as with respect to the territory in which such a municipal by-law is in force.

M.O. 2018-04, s. 17.

18. Remittance to the Authority of the dues collected and the reports containing the related information is to take place on the dates and in the manner set forth in section 97.10 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3).

M.O. 2018-04, s. 18.

CHAPTER VI OFFENCE PROVISIONS

M.O. 2018-04, c. VI.

19. Anyone who refuses or fails to pay the transportation dues determined by the municipality is guilty of an offence and is liable to a fine equal to the sum of the following amounts:

(1)  the amount of the dues calculated under Chapter II; and

(2)  the following additional amount:

(a)  in the case of a natural person,

i.  for a first offence: from $250 to $5,000;

ii.  for a repeat offence: from $500 to $10,000; or

(b)  in all other cases,

i.  for a first offence: from $250 to $10,000;

ii.  for a repeat offence: from $500 to $20,000.

The portion of the fine consisting of the amount of dues referred to in subparagraph 1 of the first paragraph is payable to the Authority as dues that should have been paid when they first became payable.

The Authority institutes the penal proceedings provided for in this By-law.

M.O. 2018-04, s. 19.

CHAPTER VI.1 TRANSITORY PROVISIONS

M.O. 2020-12, s. 5.

DIVISION 1 MODIFICATION OF ZONES LENDING THEMSELVES TO COORDINATION OF URBANIZATION AND SHARED TRANSPORTATION SERVICES MADE ON 27 AUGUST 2020

M.O. 2020-12, s. 5.

19.1. Any person who, between 1 May 2018 and 27 August 2020, has paid an amount in payment of the transportation dues in respect of work carried out to a building which, as at 27 August 2020, is no longer situated within a zone described in chapter III of this regulation, may, subject to the provisions of this division, receive a refund of the amount paid as transportation dues. This right to a refund is prescribed by 3 years following the 27 August 2020.

M.O. 2020-12, s. 5.

19.2. Any person who is entitled to a refund in accordance with the provisions of section 19.1 must submit a complete refund application, using the form set out in Schedule F to this regulation and attaching all information requested, to the municipality having collected the transportation dues at the latest on the 26 August 2023.

Once the municipality determines that the location of the building referred to in the application is no longer situated within a zone described in chapter III of this regulation as at 27 August 2020, the municipality authorizes the refund application and informs the Autorité régionale de transport métropolitain, who refunds the transportation dues.

M.O. 2020-12, s. 5.

CHAPTER VII FINAL

M.O. 2018-04, c. VII.

20. (Omitted in part).

This By-law is revoked, pursuant to subparagraph 2 of the second paragraph of section 38 of the Act respecting the Réseau électrique métropolitain (chapter R-25.02), on the earlier of the date on which the $600,000,000 financing target is reached and the date that is 50 years after the coming into force of this By-law.

M.O. 2018-04, s. 20.

SCHEDULE A

DELINEATION AND STATIONS

  

M.O. 2018-04, Sch. A; M.O. 2020-12, s. 6.

SCHEDULE B

ZONES

  

M.O. 2018-04, Sch. B; M.O. 2020-12, s. 6.

SCHEDULE C

(s. 3)

RATE OF TRANSPORTATION DUES PER SQUARE METER OF AREA OF WORK SUBJECT TO PAYMENT OF DUES

  

M.O. 2018-04, Sch. C; M.O. 2020-12, s. 6.

SCHEDULE D

(s. 4, 1st par., subpar. 4)

REDEVELOPMENT OF A BUILDING IN CONNECTION WITH A CHANGE IN USE

  

M.O. 2018-04, Sch. D; M.O. 2020-12, s. 6.

SCHEDULE E

(s. 14)

Form relating to the By-law respecting transportation dues regarding the Réseau express métropolitain

  

M.O. 2018-04, Sch. E; M.O. 2020-12, s. 6.

SCHEDULE F

(s. 16.1)

REFUND APPLICATION relating to the By-law respecting transportation dues regarding the Réseau express métropolitain

  

M.O. 2020-12, s. 6.

REFERENCES

M.O. 2018-04, 2018 G.O. 2, 1495

M.O. 2020-12, 2020 G.O. 2, 2209