I-0.1 - Act respecting municipal industrial immovables

Updated to 18 December 2003

This document has official status.

chapter I-0.1

Act respecting municipal industrial immovables

1. Expenditures incurred for the purposes of this Act and financed otherwise than under a loan by-law of a local municipality shall not exceed, during a fiscal year, an amount which the municipality fixes each year by by-law.

The by-law may allocate the amount according to categories that it determines among the activities provided for in this Act.

Except in the case of the city of Québec, the by-law shall be submitted for approval to the qualified voters if the amount fixed therein accounts for more than 1% of the expenditures provided for in the budget of the municipality for the fiscal year concerned.

Such approval must be sought for every by-law which causes the amount fixed in accordance with this section to exceed the limit that applies under the third paragraph or which increases an amount fixed under a by-law having received such approval.

1984, c. 10, s. 1; 1984, c. 36, s. 44; 1988, c. 33, s. 6; 1988, c. 41, s. 89; 1989, c. 60, s. 1; 1994, c. 16, s. 51; 1994, c. 34, s. 1.

2. A local municipality may, by by-law, order the acquisition of immovables for industrial purposes, by agreement or expropriation, or the construction, conversion or operation of a building as an industrial rental building.

A local municipality may also use in accordance with this Act an immovable acquired by the local municipality otherwise than under a by-law adopted under the first paragraph. The amount of the market value of the immovable on the date on which such use begins shall be considered to be an expenditure incurred on that date by the municipality and financed otherwise than under a loan by-law.

1984, c. 10, s. 2; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1989, c. 60, s. 2; 1994, c. 16, s. 51; 1994, c. 34, s. 2.

3. (Repealed).

1984, c. 10, s. 3; 1989, c. 60, s. 3; 1994, c. 34, s. 3.

4. In order to provide for expenditures incurred as a result of a by-law adopted under section 2, the municipality may, in the by-law, order a loan, allocate sums of money from its general fund, borrow money from its working fund, so long as the term of repayment does not exceed five years, or impose a special tax to be levied in the year following the date on which the by-law comes into force.

1984, c. 10, s. 4; 1989, c. 60, s. 4; 1994, c. 34, s. 4; 1999, c. 59, s. 36.

5. (Repealed).

1984, c. 10, s. 5; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1989, c. 60, s. 5; 1994, c. 16, s. 51; 1994, c. 34, s. 5.

6. A local municipality may alienate for industrial, para-industrial or research purposes an immovable acquired, built or converted by the local municipality under this Act.

The price for which an immovable is alienated must cover the cost of acquisition of the immovable and the expenses incurred in respect of the immovable for professional services. The cost of acquisition includes incidental expenses, if any, incurred for the financing of expenditures.

However, where at the time of its alienation the immovable constitutes a unit of assessment entered on the property assessment roll of the municipality or part of such a unit whose value is entered on the roll separately, the price of alienation must be equal to or greater than the lesser of the total of the cost and expenses referred to in the second paragraph and the value of the immovable entered on the roll.

The Minister of Municipal Affairs, Sports and Recreation may authorize the alienation of an immovable for a lower price than the price provided for in the second or third paragraph.

The resolution under which an immovable is alienated by a local municipality has effect only if it is accompanied with a certificate from the treasurer or secretary-treasurer, as the case may be, indicating the amount of the costs and expenses which must be covered by the price for which the immovable is alienated.

Where it has acquired an immovable in whole or in part by expropriation, the municipality may, as long as the final expropriation indemnity has not been fixed, apply to the Minister of Municipal Affairs, Sports and Recreation for authorization to alienate the immovable notwithstanding the application of the second, third, fourth and fifth paragraphs. If the Minister grants authorization, those paragraphs do not apply to the alienation.

1984, c. 10, s. 6; 1984, c. 36, s. 44; 1985, c. 27, s. 107; 1988, c. 41, s. 89; 1989, c. 60, s. 5; 1994, c. 16, s. 51; 1994, c. 34, s. 6; 1999, c. 43, s. 13; 2002, c. 37, s. 238; 2003, c. 19, s. 250.

6.0.1. Any person having acquired land in accordance with section 6 shall, before the expiry of three years from the date of such acquisition, build on the land a building intended to be used for the purposes set out in that section. However, the municipality may fix a period of less than three years in the contract.

If the acquirer has not fulfilled his obligation to build, the local municipality may, within one year after the expiry of the period applicable pursuant to the first paragraph, take back the land, in which case it shall pay to the acquirer the price it received from the acquirer upon the alienation of the land.

1994, c. 34, s. 6; 2002, c. 37, s. 239.

6.0.2. Where a person has acquired land in accordance with section 6 and there is no building thereon intended to be used for the purposes set out in that section, the person shall, before alienating all or part of the land prior to the expiry of the time within which the land may be taken back by the local municipality under the second paragraph of section 6.0.1, offer the land to the municipality for a price not exceeding the price paid to the municipality for its acquisition.

1994, c. 34, s. 6.

6.1. A local municipality may become surety for a non-profit body or grant a non-profit body a subsidy in order to assist in the operation of an industrial rental building. It may also, with the authorization of the Minister of Municipal Affairs, Sports and Recreation, become surety for such a body or grant such a body a subsidy in order to assist in the construction of an industrial rental building or the conversion of a building into an industrial rental building.

The amount for which the municipality becomes surety shall be considered, from the adoption of the resolution whereby it becomes surety, to be an expenditure incurred by the municipality and financed otherwise than under a loan by-law.

Section 4, adapted as required, applies to provide for expenditures incurred as a result of a resolution adopted under the first paragraph.

1989, c. 60, s. 5; 1994, c. 16, s. 51; 1994, c. 34, s. 7; 1999, c. 59, s. 37; 2003, c. 19, s. 250.

7. A local municipality may lease, for industrial, para-industrial or research purposes, an immovable acquired, built or converted by it under this Act.

The term of a lease relating to premises in an industrial rental building shall not exceed three years. The municipality may, at the expiry of the first lease, grant a further lease to the same person for a term not exceeding three years.

1984, c. 10, s. 7; 1985, c. 27, s. 108; 1989, c. 60, s. 5; 1994, c. 16, s. 51; 1994, c. 34, s. 8.

8. (Repealed).

1984, c. 10, s. 8; 1989, c. 60, s. 5; 1994, c. 34, s. 9.

9. (Repealed).

1984, c. 10, s. 9; 1989, c. 60, s. 6.

10. The sums of money derived by a local municipality from the operation of an industrial rental building, or from the alienation or leasing of an immovable must, after deduction of the administration and maintenance costs relating to the operation of the industrial rental building or the leasing of the immovable, be used to discharge the engagements made by the municipality under this Act.

If the sums of money exceed the total amount of the engagements, the surplus is paid into the general fund of the municipality.

1984, c. 10, s. 10; 1989, c. 60, s. 7; 1994, c. 34, s. 10.

11. The alienation or leasing of an immovable taken back by a local municipality following an alienation contemplated by this Act is subject to this Act.

The first paragraph also applies where the municipality repurchases an immovable in the exercise of a right of preemption stipulated in the contract of alienation or where it acquires an immovable sold for failure to pay municipal or school taxes if, in each of such cases, the municipality had originally alienated the immovable for industrial, para-industrial or research purposes.

1984, c. 10, s. 11; 1989, c. 60, s. 8; 1994, c. 34, s. 11; 1999, c. 40, s. 146.

12. Where an immovable acquired, built or converted under this Act is unsuitable for industrial, para-industrial or research purposes, the local municipality may alienate the immovable for other purposes.

The second, third and fourth paragraphs of section 6 apply to such an alienation.

1984, c. 10, s. 12; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1989, c. 60, s. 9; 1994, c. 16, s. 51; 1994, c. 34, s. 12.

13. A local municipality may use for municipal purposes an immovable acquired, built or converted under this Act.

No contract may be made for the alienation or leasing of an immovable contemplated by this section except in accordance with this Act.

1984, c. 10, s. 13; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1989, c. 60, s. 9; 1994, c. 16, s. 51; 1994, c. 34, s. 13.

13.1. Local municipalities may enter into an agreement pertaining to the exercise of any power assigned to them under section 2, 6 or 7.

The agreement may also pertain to the carrying out of work for the construction of municipal infrastructures or equipment to serve the immovables acquired under section 2 or used in a manner consistent with this Act.

The provisions of the Act governing each municipality that concern intermunicipal agreements apply, with reference to sections 13.2 to 13.4, to the agreement referred to in this section.

1996, c. 27, s. 149.

13.2. The resolution authorizing the conclusion of the agreement must be approved by the qualified voters.

The first paragraph does not apply to Ville de Québec.

No agreement may be entered into unless all resolutions requiring the approval of the qualified voters are deemed to be approved by the qualified voters.

1996, c. 27, s. 149.

13.3. No agreement may provide for an operating procedure other than that of the intermunicipal board.

1996, c. 27, s. 149.

13.4. The agreement must set out, in addition to the information required under sections 468.3 and 468.10 of the Cities and Towns Act (chapter C-19) or articles 572 and 579 of the Municipal Code of Québec (chapter C-27.1),

(1)  rules governing the apportionment of revenues deriving from the alienation, operation or leasing of any immovable in excess of the revenues to be used to discharge the commitments under this Act;

(2)  rules governing the apportionment of monies received from property tax imposed by a municipality party to the agreement on the immovables alienated, operated or leased under this Act and from other taxes, compensations and tariffs imposed by any such municipality on persons who are the owners, lessees or occupants of such immovables;

(3)  the maximum amount of expenses to be borne by each municipality party to the agreement for the purposes of the objects referred to in the first paragraph of section 13.1 and to be financed otherwise than by a loan by-law.

The agreement may provide that the rules made under subparagraph 2 of the first paragraph apply for a period that exceeds the term of the agreement. In such case, the rules continue to apply, notwithstanding the termination of the agreement, until the expiry of that period; sections 468.53 and 469 of the Cities and Towns Act and articles 622 and 623 of the Municipal Code of Québec shall apply, with the necessary modifications, where there is disagreement as to the application of those rules.

Any expense exceeding the maximum amount referred to in subparagraph 3 of the first paragraph shall be financed by a loan by-law.

1996, c. 27, s. 149; 1999, c. 40, s. 146.

13.5. In addition to the provisions required for the achievement of the objects of the agreement, the board is deemed to be a local municipality for the purposes of sections 6.0.1 and 6.0.2, of the first paragraph of section 10 and of sections 11 and 12.

However, sections 1 and 4 do not apply in respect of expenses incurred pursuant to the agreement by the board or by any of the municipalities that are parties thereto.

In addition to the maximum term prescribed in the second paragraph of section 7, the board may not grant a lease under that section for a period exceeding the term of the agreement.

1996, c. 27, s. 149.

13.6. For the purposes of this Act, every act performed by the board pursuant to the agreement is deemed to be performed by the local municipality in whose territory the immovable in respect of which the act is performed is located.

1996, c. 27, s. 149.

13.7. Every municipality that is a party to the agreement may enter into an agreement with the owner of an immovable that is situated in its territory and that was acquired by the board, for the purpose of granting that owner a tax credit to compensate all or part of the difference between the amount of the tax, compensations and tariffs referred to in subparagraph 2 of the first paragraph of section 13.4 payable by the owner in respect of the immovable and the amount that he would have to pay were the immovable situated in the territory of another municipality that is a party to the agreement.

The municipality may also enter into an agreement for such purposes with the lessee of an immovable situated in its territory and belonging to the board.

The duration of the agreement under the first or second paragraph shall not exceed the period during which the rules referred to in subparagraph 2 of the first paragraph of section 13.4 are applicable. The agreement with the owner shall, however, cease to apply when the immovable is no longer used for industrial, para-industrial or research purposes and the agreement with the lessee shall cease to apply upon the expiry of the lease.

1996, c. 27, s. 149.

13.8. The municipalities entering into the agreement may provide therein, with the consent of a regional county municipality whose territory comprises one of theirs, that the regional county municipality shall act as the board.

A certified true copy of the resolution whereby the regional county municipality consents to act as the board shall be attached to the copies of the resolutions whereby the municipalities authorize the making of the agreement, where they are transmitted to the Minister of Municipal Affairs, Sports and Recreation with the agreement to be approved.

Except for the adoption of the resolution whereby the regional county municipality consents to act as the board, only the representatives of the municipalities party to the agreement are entitled to participate in the proceedings and voting, at meetings of the council of the regional county municipality, on any matter relating to the application of the agreement.

The rules governing any apportionment of votes between the representatives and the other rules regarding the decisions to be made by the council of the regional county municipality on any matter relating to the application of the agreement shall be provided for in the agreement.

1996, c. 27, s. 149; 1999, c. 43, s. 13; 2003, c. 19, s. 250.

14. (Amendment integrated into c. A-19.1, s. 126).

1984, c. 10, s. 14.

15. (Amendment integrated into c. C-37.3, ss. 116-117.1).

1984, c. 10, s. 15.

16. (Omitted).

1984, c. 10, s. 16.

17. Every immovable to which a provision replaced by this Act applies on 11 June 1984 is subject to this Act from 12 June 1984.

No contract may be made for the alienation or leasing of an immovable which includes a building acquired for industrial purposes before 12 June 1984 except in accordance with this Act.

1984, c. 10, s. 17; 1989, c. 60, s. 10.

18. Every regulation or by-law in force or other act performed before 12 June 1984 under a provision replaced by this Act shall retain its effect, to the extent that it is not inconsistent with this Act, until its purpose is achieved.

Such a regulation or by-law shall be regarded as a regulation or by-law adopted under this Act and may be amended, replaced or repealed in accordance with this Act.

1984, c. 10, s. 18; 1989, c. 60, s. 11.

19. The Minister of Municipal Affairs, Sports and Recreation is responsible for the administration of this Act.

1984, c. 10, s. 19; 1999, c. 43, s. 13; 2003, c. 19, s. 250.

20. (This section ceased to have effect on 12 June 1989).

1984, c. 10, s. 20; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

21. (Omitted).

1984, c. 10, s. 21.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 10 of the statutes of 1984, in force on 1 July 1984, is repealed, except section 21, effective from the coming into force of chapter I-0.1 of the Revised Statutes.