P-13.1, r. 7 - Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec

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Full text
chapter P-13.1, r. 7
Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec
POLICE — AMOUNT PAYABLE BY THE MUNICIPALITIES
Police Act
(chapter P-13.1, s. 77).
P-13.1
September 1 2012
DIVISION 1
CALCULATION OF THE AMOUNT PAYABLE
O.C. 497-2002, Div. 1; 154-2020O.C. 154-2020, s. 1.
§ 1.  — Calculation methods
O.C. 497-2002, Sd. 1; 154-2020O.C. 154-2020, s. 2.
1. This Division sets out the calculation methods for determining the amount payable to the Government by a municipality, pursuant to section 77 of the Police Act (chapter P-13.1), for police services provided by the Sûreté du Québec.
O.C. 497-2002, s. 1; 154-2020O.C. 154-2020, s. 3.
1.1. The amount payable by a municipality for the police services provided by the Sûreté du Québec that are covered by the Regulation respecting the police services that municipal police forces and the Sûreté du Québec must provide according to their level of jurisdiction (chapter P-13.1, r. 6), excluding the supplementary services referred to in section 19, for a municipal fiscal year, is obtained using the following formula:
A×[B×D×((E×T×F)/G)]
A = 50%;
B = the amount established as letter B for the preceding year adjusted according to the rate established by the letter C;
C = the variation between the consumer price index for the second year preceding the fiscal year concerned and that of the year preceding that fiscal year, as established for the whole of Québec by Statistics Canada for April of that year, to which is added a progressivity stabilization coefficient of 0.01;
D = the number of police officers of the Sûreté du Québec assigned by agreement to local or regional municipalities as at 1 January of the municipal fiscal year concerned;
E = the average of the municipality’s standardized property value established pursuant to section 2;
F = 1 or, where the municipality receives police services for only part of the fiscal year, the number of days during which it receives those services over the number of days in the fiscal year;
G = the sum of the products obtained by multiplying the letter E by the letter T for each municipality receiving police services from Sûreté du Québec;
T = the rate established pursuant to sections 4 and 5.
O.C. 1106-2006, ss. 1 and 7; 154-2020O.C. 154-2020, s. 4.
1.2. The amount payable, established pursuant to section 1.1, by a municipality that ceases to be served by a municipal police force after 8 march 2012 and that has less than 50,000 inhabitants at that time is increased, for the fiscal year in which the municipality ceases to be served by a municipal police force and for the next 3 fiscal years, by an amount obtained using the following formula:
(A - (B - C)) × D
A = the sums paid by the municipality for its police services in the last complete municipal fiscal year preceding the municipal fiscal year in which the municipality ceases to be served by a municipal police force;
B = the amount payable by the municipality established under section 1.1;
C = if the regional county municipality whose territory includes the territory of the municipality is eligible for a refund under section 13, the amount corresponding to the portion of the refund attributable to the municipality and determined on the basis of the population of the municipality as a proportion of the population of the regional county municipality; and
D = 50% for the first fiscal year;
40% for the second fiscal year;
30% for the third and fourth fiscal years.
If the amount calculated under the first paragraph is less than zero, it is deemed to be equal to zero.
Despite the first paragraph, the amount payable by the municipality pursuant to section 1.1 is not increased by the amount calculated under the first paragraph for a fiscal year if the municipality has a population of 50,000 inhabitants or more on 1 January of that fiscal year.
O.C. 99-2012, s. 1; 154-2020O.C. 154-2020, s. 5.
1.3. The amount payable by a municipality, established pursuant to section 1.1, is increased by 4% for the fiscal year following that during which the population of the municipality reaches or exceeds 50,000 inhabitants.
It is then increased, for the consecutive fiscal years that follow, where the population of the municipality is still 50,000 inhabitants or more, by 8% and 12% then, for all the subsequent fiscal years, by 15%.
Where the population of the municipality drops under 50,000 inhabitants during a fiscal year, the amount payable by a municipality for the following fiscal year is that established pursuant to section 1.1, without it being increased.
O.C. 99-2012, s. 1; 154-2020O.C. 154-2020, s. 6.
2. The municipality’s standardized property value is that established for the second fiscal year preceding the fiscal year concerned in accordance with the regulation made under paragraph 7 of section 262 of the Municipal Taxation Act (chapter F-2.1).
The average of a municipality’s standardized property value is calculated from the standardized property value of that municipality for the fiscal year referred to in the first paragraph and for the 5 preceding fiscal years.
In the case of a municipality existing on 1 January of the fiscal year for which the amount is payable and resulting from an amalgamation or a total annexation, the total of the standardized property values established for the second preceding fiscal year of the municipalities whose territories were amalgamated or annexed is deemed to constitute the standardized property value of the municipality for the preceding year where it is impossible to establish such value because of a recent amalgamation or annexation.
O.C. 497-2002, s. 2; O.C. 1106-2006, s. 2; 154-2020O.C. 154-2020, s. 7.
3. Where the result of a calculation provided for in this Regulation is a decimal number, its decimal part shall be dropped and, where the first decimal number would have been a figure greater than 4, the whole number is increased by 1.
O.C. 497-2002, s. 3.
§ 2.  — Rate multiplier
4. The rate by which the municipality’s standardized property value is multiplied is the rate appearing in Column B of Schedule I opposite the range, in Column A of that Schedule, that includes the municipality’s population on 1 January of the fiscal year prior to the fiscal year concerned.
O.C. 497-2002, s. 4; 154-2020O.C. 154-2020, s. 8.
5. Notwithstanding section 4, the rate by which the standardized property value of a municipality resulting from an amalgamation that came into force after 31 December 1990 is multiplied, for any of the first 11 fiscal years following the last fiscal year that began before the amalgamation came into force, is the product obtained by multiplying the rate that would otherwise be applicable under section 4 by the coefficient established in accordance with the second or third paragraph, as the case may be.
For the purpose of establishing the rate referred to in the first paragraph for any of the first 8 fiscal years following the last fiscal year that began before the amalgamation came into force, the coefficient referred to in that paragraph is the quotient obtained by dividing the aggregate referred to in subparagraph 1 by the product referred to in subparagraph 2:
(1)  the sum of the products obtained by multiplying, for each municipality whose territory has been amalgamated, the standardized property value established for the last fiscal year before the amalgamation came into force, by the rate established pursuant to section 4;
(2)  the product obtained by multiplying the aggregate of the standardized property values of the municipalities referred to in subparagraph 1 for the second fiscal year preceding the fiscal year referred to in that subparagraph by the rate appearing in Column B of Schedule I opposite the range, in Column A of that Schedule, that comprises the total population of the municipalities on 1 January of the fiscal year referred to in subparagraph 1.
For the purpose of establishing the rate referred to in the first paragraph for any of the 9th, 10th and 11th fiscal years following the last fiscal year that began before the amalgamation came into force, the coefficient referred to in that paragraph is the sum obtained by adding to the quotient established in accordance with the second paragraph 1/4, 1/2 or 3/4, depending on whether it is for the 9th, 10th or 11th fiscal year, of the difference obtained by subtracting that quotient from 1,000000.
For the purposes of the second paragraph, the municipalities concerned are deemed to have received services from the Sûreté du Québec for the entire last fiscal year before the amalgamation came into force.
Notwithstanding section 3, the product resulting from the multiplication referred to in the first paragraph, the quotient resulting from the division referred to in the second paragraph and the results of the operations referred to in the third paragraph are expressed as a decimal number comprising 5 decimals. The 5th decimal shall be increased by 1 where the 6th decimal would have been greater than 4.
O.C. 497-2002, s. 5; O.C. 939-2002, s. 1; O.C. 1106-2006, s. 3; 154-2020O.C. 154-2020, s. 9.
5.1. (Revoked).
O.C. 1106-2006, s. 4; 154-2020O.C. 154-2020, s. 10.
5.2. (Revoked).
O.C. 99-2012, s. 2; 154-2020O.C. 154-2020, s. 10.
5.3. (Revoked).
O.C. 99-2012, s. 2; 154-2020O.C. 154-2020, s. 10.
DIVISION 2
RESPONSIBILITIES RESPECTING THE COLLECTION OF THE AMOUNT PAYABLE
O.C. 497-2002, Div. 2; 154-2020O.C. 154-2020, s. 11.
6. The Minister of Public Security shall collect the amount payable.
O.C. 497-2002, s. 6; 154-2020O.C. 154-2020, s. 12.
7. The Minister of Municipal Affairs, Regions and Land Occupancy shall send to the Minister, not later than 28 February of each fiscal year, the list of the existing local municipalities as at 1 January of the fiscal year referred to, giving for each one the population and the standardized property value for each fiscal year referred to in section 2.
The Minister shall draw up the list of the municipalities that, on 1 January of each fiscal year, receive police services.
O.C. 497-2002, s. 7; 154-2020O.C. 154-2020, s. 13.
8. Where, after 1 January of the fiscal year, a municipality ceases to receive police services or begins to receive them, the Minister shall modify the list accordingly.
O.C. 497-2002, s. 8.
DIVISION 3
TERMS AND CONDITIONS FOR COLLECTION
9. Not later than 31 March of each fiscal year, the Minister shall send to each municipality entered on the list drawn up under the second paragraph of section 7 for the fiscal year, a written request for payment.
Subject to any credit granted under the second paragraph of section 11 for the preceding fiscal year, the amount required is the amount established by the Minister on the assumption that the municipality will receive police services during the entire fiscal year for which the amount is payable.
O.C. 497-2002, s. 9; 154-2020O.C. 154-2020, s. 14.
10. Where a municipality began to receive police services after 1 January of a fiscal year, the Minister may send a request for payment of the amount payable established under section 1.1, increased, if applicable, by the amount calculated under section 1.2 or 1.3, as the case may be, in proportion to the period concerned, even after 31 March. In such a case, the dates of 30 June and 31 October referred to in the second paragraph of section 12 shall be replaced by the last day of the 3rd and 7th months, respectively, following the month during which the request is sent.
O.C. 497-2002, s. 10; O.C. 1106-2006, s. 5; O.C. 99-2012, s. 3; 154-2020O.C. 154-2020, s. 15.
11. Where a municipality ceases to receive police services after 1 January of the fiscal year for which the amount is payable, the Minister may send it a written notice of the amount it must pay.
If the Minister does not send such a notice before the municipality pays the amount required in a request previously received or if it pays the amount despite the notice, the Minister shall reimburse the overpayment to the municipality or grant it a credit, where applicable, to reduce the amount of the amount payable for the following fiscal year.
O.C. 497-2002, s. 11; 154-2020O.C. 154-2020, s. 16.
12. The municipality shall pay the amount required to the Minister in 2 equal instalments. Notwithstanding section 3, the whole part of the decimal number representing the amount of the second payment shall not be increased by 1.
The instalments shall be made not later than 30 June and 31 October, respectively, following the sending of the request for payment. The municipality may, however, pay the amount required in a single instalment not later than 30 June following the sending of the request for payment.
If the Minister sends a request for payment after 31 March that is not a correction to reduce the amount required in a previous request, the dates of 30 June and 31 October referred to in the second paragraph shall be replaced by the last day of the 3rd and 7th months, respectively, following the month in which the request is sent.
O.C. 497-2002, s. 12.
13. Where, within the time limits prescribed by this Regulation, the municipalities of a regional county municipality paid in full the amount payable established in accordance with section 1.1 for a municipal fiscal year, the regional county municipality is eligible for a refund if the total of the amounts established in accordance with section 1.1 for each municipality of the regional county municipality exceeds 80% of the product obtained by multiplying the number of police officers assigned by agreement to the regional county municipality by the amount established pursuant to the letter B in the formula provided for in section 1.1. The refund paid by the Minister to the eligible regional county municipality represents the difference between the amount established as being 80% of the product and the total of the amounts established in accordance with section 1.1 for each municipality of the regional county municipality.
O.C. 497-2002, s. 13; A.M. 0001-2006; O.C. 1106-2006, s. 6; 154-2020O.C. 154-2020, s. 17.
14. The amount of any payment not made within the prescribed period shall bear interest from the expiry of that period. If the principal is paid by cheque, interest shall cease to accrue either on the date of the cheque or on the date on which it is received by the Minister, whichever is later; if the principal is paid by means of a withholding provided for in section 16, interest shall cease to accrue on the date on which the withholding is made.
The amount of the overpayment referred to in the second paragraph of section 11 shall bear interest from the day on which it is collected. Interest shall cease to accrue, depending on whether the overpayment is reimbursed or credited, on the day of issue of the cheque by which the principal is paid or on the day on which the request for payment on which the credit is granted is made.
The rate of interest shall be the rate in force under section 28 of the Tax Administration Act (chapter A-6.002).
O.C. 497-2002, s. 14.
15. Where a municipality fails to make payment within the prescribed period, it loses its right to request payment of all or part of any sum otherwise payable to it by the Government or one of its ministers or bodies, up to the amount of the payment.
Unless withheld in accordance with section 16, such a sum or part of a sum shall nevertheless be paid to the municipality.
O.C. 497-2002, s. 15.
16. The Minister may collect the amount payable by withholding any sum that should otherwise be paid to the municipality in default or, where the withholding is insufficient to cover all of the amount payable, by requesting from any other minister or body of the Government responsible for paying the municipality a sum referred to in section 15, to withhold all or part of that sum, so that the total withholdings under this section cover the total amount payable.
O.C. 497-2002, s. 16.
17. For as long as the total withholdings made under section 16 and, where applicable, the total partial payments made by the municipality and accepted by the Minister do not cover the total amount payable, the amount collected by withholdings or by partial payments shall be applied first against the accrued interest and then against the principal.
The balance on the principal shall continue to bear interest.
O.C. 497-2002, s. 17.
18. At least 30 days before making a withholding in accordance with section 16, the Minister or the body in question shall send a notice to the municipality.
O.C. 497-2002, s. 18.
DIVISION 4
AMOUNT PAYABLE FOR SUPPLEMENTARY SERVICES
O.C. 497-2002, Div. 4; O.C. 154-2020, s. 19.
19. The amount payable by a municipality, pursuant to section 82 of the Police Act (chapter P-13.1), for the supplementary services provided by the Sûreté du Québec, is obtained by using the following formula:
(Number of officers × Number of hours) × (Hourly remuneration + Employer contributions + General expenses).
Hourly remuneration is determined on the basis of the annual wages of an officer paid at the maximum wage level in force on 1 January of the current year divided by 1,747 hours. Where services are provided in overtime, the hourly rate is increased by 50%.
Employer contributions consist of contributions to the pension plans (current services), the Régie de l’assurance maladie du Québec, Retraite Québec and the Commission des normes, de l’équité, de la santé et de la sécurité du travail, according to the rate and contribution limits in force on 1 January of the preceding year.
General expenses are established at 15% of hourly remuneration.
O.C. 497-2002, s. 19; 154-2020O.C. 154-2020, s. 20.
20. The municipality must pay the amount required in one instalment within 30 days of receipt of the invoice.
O.C. 497-2002, s. 20.
21. Sections 6 to 14 and 18 apply to this Division with the necessary modifications.
O.C. 497-2002, s. 21.
DIVISION 5
TRANSITIONAL, FINAL AND INTERPRETATION
22. (Obsolete).
O.C. 497-2002, s. 22.
23. (Obsolete).
O.C. 497-2002, s. 23.
24. For the purposes of section 72 of the Police Act (chapter P-13.1), it is understood that section 5 of this Regulation replaces section 10 of the Regulation respecting the amount payable by the municipalities for the services of the Sûreté du Québec (O.C. 326-92, 92-03-04).
O.C. 497-2002, s. 24.
25. This Regulation replaces the Regulation respecting the amount payable by the municipalities for the services of the Sûreté du Québec (O.C. 326-92, 92-03-04).
O.C. 497-2002, s. 25.
26. (Omitted).
O.C. 497-2002, s. 26.
RATE MULTIPLIERS

A B

Population Rate


0 to 3,000 0.00180
3,001 to 3,100 0.00184
3,101 to 3,200 0.00191
3,201 to 3,300 0.00198
3,301 to 3,400 0.00205
3,401 to 3,500 0.00211
3,501 to 3,600 0.00217
3,601 to 3,700 0.00223
3,701 to 3,800 0.00228
3,801 to 3,900 0.00233
3,901 to 4,000 0.00238
4,001 to 4,100 0.00242
4,101 to 4,200 0.00247
4,201 to 4,300 0.00251
4,301 to 4,400 0.00254
4,401 to 4,500 0.00258
4,501 to 4,600 0.00262
4,601 to 4,700 0.00265
4,701 to 4,800 0.00268
4,801 to 4,900 0.00272
4,901 to 5,000 0.00275
5,001 to 5,100 0.00279
5,101 to 5,200 0.00285
5,201 to 5,300 0.00291
5,301 to 5,400 0.00296
5,401 or over 0.00300
O.C. 497-2002, Sch. I; 154-2020O.C. 154-2020, s. 21.
TRANSITIONAL
2020
(O.C. 154-2020) SECTION 22. To calculate the amount payable by a municipality, pursuant to section 1.1 of the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as replaced by section 4 of this Regulation,
(1) for the 2020 fiscal year:
(a) the letter A is equal to 49.575%;
(b) the letter B is equal to $196,070;
(c) the letter C is not applicable;
(d) an amount equal to 46.35% of the difference between the amount paid by the municipality for the 2019 fiscal year and the amount obtained following the application of the first paragraph of section 5.1 and sections 5.2 and 5.3, as they read before their revocation by this Regulation, is added thereto;
(2) for the 2021 fiscal year:
(a) the letter A is equal to 49.575%;
(b) the letter C is equal to 6.774%;
(3) for the 2022, 2023 and 2024 fiscal years:
(a) the letter A is equal to 49.575%;
(b) the letter C is equal to 4.899%.
SECTION 23. For each of the 2020, 2021, 2022, 2023 and 2024 fiscal years, if the amount payable by the municipality pursuant to the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as amended by this Regulation, is
(1) equal to or greater than the amount paid by the municipality for the fiscal year preceding the fiscal year concerned, increased by 2%, but equal to or less than the amount paid by the municipality for the fiscal year preceding the fiscal year concerned, increased by 7%, the amount payable by the municipality is equal to the amount obtained pursuant to the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as amended by this Regulation;
(2) less than the amount paid by the municipality for the fiscal year preceding the fiscal year concerned, increased by 2%, the amount payable by the municipality is equal to the amount paid for the fiscal year preceding the fiscal year concerned, increased by 2%;
(3) greater than the amount paid by the municipality for the fiscal year preceding the fiscal year concerned, increased by 7%, the amount payable by the municipality is equal to the amount paid for the fiscal year preceding the fiscal year concerned, increased by 7%.
SECTION 24. For the purposes of subparagraph d of subparagraph 1 of the first paragraph of section 22 and section 23 of this Regulation, for the 2020 fiscal year, the amount paid by a municipality for the 2019 fiscal year is that established pursuant to the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as it read before being amended by this Regulation, for that fiscal year, without taking into account any amount granted to that municipality by the Minister of Municipal Affairs and Housing to cover part of the increase of the costs of police service of the municipality by the Sûreté du Québec for the 2019 fiscal year.
SECTION 25. To calculate the amount payable by a municipality pursuant to section 1.1 of the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as replaced by section 4 of this Regulation, for the 2025 fiscal year, the value of the letter B, for that fiscal year, is obtained by determining the value of the letter B, for each preceding fiscal year as of 2020, considering that the letter B, for that last fiscal year, is equal to $203,274.
SECTION 26. Despite section 1.3 of the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as replaced by section 6 of this Regulation, the amount payable by a municipality for the 2020 fiscal year, established pursuant to section 1.1 of the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as replaced by section 4 of this Regulation, is increased by
(1) 15%, if the population of the municipality was 50,000 inhabitants or more during the 2019, 2018, 2017 and 2016 fiscal years;
(2) 12%, if the population of the municipality was 50,000 inhabitants or more during the 2019, 2018 and 2017 fiscal years;
(3) 8%, if the population of the municipality was 50,000 inhabitants or more during the 2019 and 2018 fiscal years.
SECTION 27. The regional county municipality that was eligible for a refund for the 2019 fiscal year pursuant to section 13 of the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as it read before being amended by section 17 of this Regulation, must pay the Minister, before 31 December 2020, an amount equal to the difference between the amount of that refund and the amount obtained using the following formula:
[A + (B × 46.35%)] - (C × 80%)
A = the amount paid by all the municipalities of the regional county municipality for the 2019 fiscal year pursuant to the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, without taking into account any amounts granted to those municipalities by the Minister of Municipal Affairs and Housing to cover part of the increase of the costs of police service of those municipalities by the Sûreté du Québec for the 2019 fiscal year;
B = the difference between the amount obtained pursuant to sections 5.1 to 5.3 of the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as they read before being revoked by section 10 of this Regulation, for all the municipalities of the regional county municipality, and the amount corresponding to the letter A;
C = the actual cost of the services of the Sûreté du Québec for the regional county municipality, established on the basis of the sum of the income indicated, as police services charged to the municipalities and the contribution of the Sûreté du Québec, in the income statement filed in the financial statements of the police services fund for the fiscal year of the fund that ended in 2019.
The Minister may make deductions from any amount owed to the regional county municipality to compensate for the amount obtained pursuant to the first paragraph.
SECTION 28. Sections 22 to 26 do not apply to a municipality served by a municipal police force before 26 March 2020.
To calculate the amount payable by a municipality referred to in the first paragraph, pursuant to section 1.1 of the Regulation respecting the amounts payable by municipalities for the services provided by the Sûreté du Québec, as replaced by section 4 of this Regulation, for the fiscal year during which it begins receiving the services of the Sûreté du Québec, the value of the letter B, for that fiscal year, is obtained by determining the value of the letter B, for each of the preceding fiscal years as of 2020, taking into consideration that the letter B, for that last fiscal year, is equal to $203,274.
REFERENCES
O.C. 497-2002, 2002 G.O. 2, 2293
O.C. 939-2002, 2002 G.O. 2, 4505
A.M. 0001-2006, 2006 G.O. 2, 681
O.C. 1106-2006, 2006 G.O. 2, 3941
S.Q. 2010, c. 31, s. 91
O.C. 99-2012, 2012 G.O. 2, 527
S.Q. 2015, c. 15, s. 237
S.Q. 2015, c. 20, s. 61
154-2020, 2020 G.O. 2, 702O.C. 154-2020, 2020 G.O. 2, 702