R-25.02 - Act respecting the Réseau électrique métropolitain

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Full text
chapter R-25.02
Act respecting the Réseau électrique métropolitain
RÉSEAU ÉLECTRIQUE MÉTROPOLITAINSeptember 27 2017September 27 2017
THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:
CHAPTER I
INTRODUCTORY PROVISIONS
2017, c. 17, c. I2017, c. 17, c. I.
1. The purpose of this Act is to facilitate the carrying out of a shared transportation infrastructure project referred to in Division IX.3 of the Transport Act (chapter T-12) with a view to establishing and operating a shared transportation system publicly announced as the “Réseau électrique métropolitain” (REM).
2017, c. 172017, c. 17, s. 1.
2. In this Act, Fund means the Caisse de dépôt et placement du Québec as well as any subsidiary referred to in section 88.15 of the Transport Act (chapter T-12).
2017, c. 172017, c. 17, s. 2.
3. A limited partnership formed by a single general partner and a single special partner each of which is a subsidiary referred to in section 88.15 of the Transport Act (chapter T-12) is considered to be a mandatary of the State if the purpose of the activity it carries on is the construction or operation of the REM.
In this Act, such a partnership is called a “limited partnership controlled exclusively by the Fund”.
2017, c. 172017, c. 17, s. 3.
4. A limited partnership may be a party to an agreement entered into under section 88.10 of the Transport Act (chapter T-12) provided that, at the time the agreement is entered into, it is a limited partnership controlled exclusively by the Fund and the latter is also a party to it.
2017, c. 172017, c. 17, s. 4.
5. The provisions of this Act take precedence over the provisions of any other Act.
2017, c. 172017, c. 17, s. 5.
CHAPTER II
ACQUISITION ACTIVITIES
2017, c. 17, c. II2017, c. 17, c. II.
6. The Minister may, for the REM project, make the acquisitions described in the second paragraph of section 11.1 of the Act respecting the Ministère des Transports (chapter M-28) by agreement or expropriation on the conditions determined by the Minister and without the Government deciding the conditions.
From the service of a notice of expropriation relating to property required for the REM project, the assessment of the property and the negotiation to acquire it must be conducted by the Minister.
2017, c. 172017, c. 17, s. 6.
7. The Fund is solely responsible for acquiring the property required for the REM project where such property is owned by the Government of Canada, any of its departments, agencies or bodies, or an undertaking that is subject to the legislative authority of the Parliament of Canada.
2017, c. 172017, c. 17, s. 7.
8. An expropriation decided by the Minister under the second paragraph of section 11.1 of the Act respecting the Ministère des Transports (chapter M-28) for the REM project does not require the Government’s prior authorization required under the Expropriation Act (chapter E-24).
In such a case, in addition to the particulars required under section 40 of the Expropriation Act, the notice of expropriation must specify the date before which the expropriated party, lessee or occupant in good faith must vacate the premises. The expropriating party’s right to expropriate may not be contested and the 30-day period provided for in section 46 of that Act begins on the date of service of the notice of expropriation. The Minister’s notice of transfer provided for in section 9 of this Act replaces the notice of transfer of title provided for in paragraph 1 of section 53 and in section 53.1 of the Expropriation Act. The Minister’s notice of transfer must be sent to the expropriated party but need not be served. In addition, the provisional indemnity, in the cases referred to in section 53.13 of that Act, is set by the Minister and includes the indemnity the Minister considers reasonable for the injury directly caused by the expropriation, to the extent that the documents justifying the indemnity and required under the notice of expropriation were provided within 30 days after the date of service of that notice. The expropriated party, lessee and occupant in good faith may not request to retain possession of the expropriated property.
Consequently, the first paragraph of section 36, the portion of subparagraph 3 of the first paragraph of section 40 after “Tribunal”, sections 44 to 44.3, the first sentence of section 53.2, section 53.3, paragraph 2 of section 53.4 and sections 53.5, 53.7 and 53.14 of the Expropriation Act do not apply to such an expropriation. The other provisions of that Act apply with the necessary modifications.
2017, c. 172017, c. 17, s. 8.
9. The Minister’s notice of transfer must contain
(1)  the amount of the offer made on behalf of the Fund;
(2)  the date on which the Fund is to take possession of the property; and
(3)  the obligation for the expropriated party, lessee and occupant in good faith to vacate the premises before the date on which the Fund takes possession of the property.
The documents establishing that the provisional indemnity has been paid to the expropriated party or filed on that party’s behalf with the office of the Superior Court must be attached to the notice.
The Minister may designate any personnel member of the Minister’s department to sign the notice.
2017, c. 172017, c. 17, s. 9.
10. Despite the modifications to the Expropriation Act (chapter E-24) provided for in section 8, if property includes all or part of a residential building, the Minister may not register the Minister’s notice of transfer before the expiry of 12 months following registration of a notice of expropriation in the land register. That period is increased to 18 months if the building is used, even in part, for agricultural, commercial or industrial purposes.
In all cases, the expropriated party may consent to the Minister’s notice of transfer being registered within a shorter period.
2017, c. 172017, c. 17, s. 10.
11. The activities by which the Minister acquires, by agreement or expropriation, any property required for the REM project may be completed before the project is the subject of an agreement entered into under section 88.10 of the Transport Act (chapter T-12).
2017, c. 172017, c. 17, s. 11.
CHAPTER III
ACTIVITIES CONCERNING THE MUNICIPAL DOMAIN
2017, c. 17, c. III2017, c. 17, c. III.
12. For the application of sections 149 to 157 of the Act respecting land use planning and development (chapter A-19.1) to the REM project carried out by the Fund, the 120-day period provided for in section 152 of that Act is reduced to 60 days while the 90-day period provided for in section 155 of that Act is reduced to 45 days.
2017, c. 172017, c. 17, s. 12.
13. The REM must be free of level crossings and of any other interference with a public road. It is the Fund’s responsibility to build a grade separation wherever the REM’s guideway is to intersect with a public road, unless the public road is otherwise modified to avoid such a level crossing or another interference with the guideway, other works or an installation useful for developing or operating the REM.
In this Act,
grade separation means works and approaches that are designed to allow a public road to intersect with the guideway of the REM at different elevations;
public road means a public road within the meaning of the third paragraph of section 66 of the Municipal Powers Act (chapter C-47.1) over which a local municipality has jurisdiction under the first paragraph of that section.
2017, c. 172017, c. 17, s. 13.
14. For the purposes of the REM project, the Fund and a local municipality may stipulate the following in an agreement:
(1)  the temporary occupation of public roads during construction work;
(2)  the modification of public roads that intersect with the guideway or that otherwise interfere with the guideway, other works or an installation useful for developing or operating the REM;
(3)  the reconfiguration of public roads in the vicinity of the REM due to a modification referred to in paragraph 2;
(4)  the transfers of rights of ownership resulting from modifications or reconfigurations referred to in paragraphs 2 and 3, respectively; and
(5)  the documents they must send each other.
2017, c. 172017, c. 17, s. 14.
15. In the case of local municipalities whose territory is included in the territory of the urban agglomeration of Montréal, the making of an agreement under section 14 is a matter that concerns the related municipalities as a whole within the meaning of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001). Such an agreement applies with respect to the public roads under the jurisdiction of the council of a related municipality of the urban agglomeration and of a borough council. Ville de Montréal must, without delay, send a copy of the agreement to the councils of the related municipalities and to the borough councils concerned.
The agreement referred to in the first paragraph must comply with the stipulations of a prior agreement entered into with a local municipality under section 14.
2017, c. 172017, c. 17, s. 15.
16. The Fund must send the local municipality concerned a notice specifying the public roads that will be occupied temporarily, the expected duration of the occupation and any proposed modifications to and reconfigurations of such roads. If dangerous substances are likely to be brought onto the occupied roads, the notice must list those substances.
The Fund must send the following documents not later than the 30th day after the municipality receives the notice:
(1)  the survey plans, without a technical description, describing the public roads that will be occupied;
(2)  the plan for managing traffic during the work;
(3)  the plans for the projected works and improvements, as applicable, and the specifications detailing their design;
(4)  the work calendar;
(5)  the list of safety measures;
(6)  the list of measures to mitigate the inconvenience resulting from the occupation of public roads and, if applicable, from the work that will be carried out on those roads;
(7)  a document describing the state of the public roads before their occupation; and
(8)  any other document the Fund considers useful.
Making an agreement under section 14 relieves the Fund of the obligation to send the notice required under the first paragraph to the municipality that is a party to that agreement and, if applicable, to the related municipalities.
The Fund must send the Minister, without delay, a copy of the notice or, if applicable, a copy of the agreement entered into between the Fund and the municipality. The Minister may identify the measures the Fund or the municipality is required to implement to foster traffic mobility on the road network under the Minister’s management.
2017, c. 172017, c. 17, s. 16.
17. The Fund must post the documents referred to in subparagraphs 2, 4, 5 and 6 of the second paragraph of section 16 on its website as soon as they have been sent to the municipality under section 16. The Fund may also post any other document it considers useful. It must update the posted documents as soon as they are amended.
2017, c. 172017, c. 17, s. 17.
18. Within 30 days after receiving the notice required under the first paragraph of section 16, the local municipality must send the Fund a copy of the plans it has in its possession of the public roads specified in the notice and of the other documents it holds regarding those roads, in particular with respect to their state.
2017, c. 172017, c. 17, s. 18.
19. Failing agreement between the local municipality and the Fund, the Fund may, on the expiry of 60 days following the date on which the municipality received the notice required under the first paragraph of section 16, start occupying the roads and, if applicable, commence the work specified in the notice in accordance with the plans and specifications sent to the municipality without having to pay the municipality an amount of money or any other consideration.
The Fund and a local municipality may agree on a different time limit than the one set out in the first paragraph for negotiation purposes. Such an agreement to extend the deadline may also, under section 15, be entered into between the Fund and the urban agglomeration of Montréal.
2017, c. 172017, c. 17, s. 19.
20. Failing agreement between the local municipality and the Fund, construction by the Fund of a grade separation, other works or an installation useful for developing or operating the REM on a portion of a public road entails, on commencement of the work, the transfer of ownership of the part of the immovable on which the public road is located to the Fund.
Except in the cases provided for in the first paragraph, any part of an immovable owned by the Fund on which a new public road is built becomes the municipality’s property on completion of the work.
2017, c. 172017, c. 17, s. 20.
21. The part of an immovable that becomes the Fund’s property under the first paragraph of section 20 and keeps its vocation as a public road after completion of the work is and remains appropriated to public utility in whatever hands it may be.
The local municipality retains the management of the public road and remains responsible for the maintenance of the following portions: the drainage facilities and the roadway and its accessory installations, such as guardrails, parapets, sidewalks and street lamps.
2017, c. 172017, c. 17, s. 21.
22. Transfers of ownership under section 20 are made without formality, by operation of law. The Fund and the local municipality may not be required to pay each other an amount of money or any other consideration for such transfers.
In the year following completion of the work, the Fund must deposit in its archives a copy of the plan showing the transfers and certified by a person it has authorized. Registration in the land register of the respective rights of ownership of the Fund and the municipality concerned is obtained by filing a notice that describes the immovables concerned, states the dates of the transfers of ownership and refers to this section.
2017, c. 172017, c. 17, s. 22.
23. When the Fund modifies or reconfigures public roads, it must maintain the overall functionality of the network to which those public roads are connected, including the network of any bordering local municipality. In addition, the modifications and reconfigurations must be designed and made so as to enable the integration of those roads with that network or those networks, as applicable.
2017, c. 172017, c. 17, s. 23.
24. As work is carried out by the Fund on a public road or portion of public road, the Fund must inform the local municipality concerned of the projected dates for completion of the work and for acceptance of the works. Before accepting the works, the Fund must allow the municipality to inspect them and grant it a reasonable time limit, which may not be less than 15 days from the completion date of the work, to do so. On the date of the Fund’s acceptance of the works, the Fund must also
(1)  cease the temporary occupation of the public road or portion of public road;
(2)  restore the public road or portion of public road, in cases where it was not modified or reconfigured, to a state equivalent to its state before being occupied;
(3)  transfer to the local municipality the legal and conventional warranties relating to the work that was carried out on the immovables whose ownership was transferred to it or which are under its management, and guarantee that the quality of the soils where the new public road or portion of public road has been built is suitable for the use that will be made of them; and
(4)  transfer the intellectual property rights for the plans and specifications to the municipality to allow it to maintain and repair the immovables whose ownership was transferred to it, including the right to modify those plans and specifications as it sees fit.
The Fund must, not later than 15 days before the completion date of the work, submit a plan for managing traffic on the public road or portion of public road.
The conventional warranties referred to in subparagraph 3 of the first paragraph and transferred by the Fund may add to the obligations of the legal warranties; they may not diminish their effects or exclude them altogether.
Inspection by the municipality under the first paragraph does not entail, for the municipality, any liability with respect to acceptance of the works and does not diminish the related warranties. Until the Fund accepts the works, it must assume all related liabilities.
The costs of the work to modify or reconfigure public roads and the costs to restore the public road to a state equivalent to its state before being occupied are borne by the Fund.
The Fund and a municipality may agree on a time limit that is different than the one provided for in the first paragraph.
2017, c. 172017, c. 17, s. 24.
25. Within six months following completion of the work on a public road, the Fund must send the local municipality a certified copy of
(1)  the plans for the works as built by the Fund;
(2)  a certificate issued by an engineer attesting the conformity of the public road and other works which, after completion of the work, are the municipality’s property or are under its management;
(3)  the documents relating to the condition of the immovables and to the design and construction of works, such as worksite logs; and
(4)  any other document the Fund considers useful.
2017, c. 172017, c. 17, s. 25.
26. The Fund must indemnify the local municipality for the costs the local municipality could incur to repair poor workmanship, defects or losses covered by the legal or conventional warranties transferred by the Fund that could affect property that has become the local municipality’s property or is under its management under sections 20 and 21, respectively.
The Fund is subrogated to the rights of the municipality against the author of such poor workmanship or such a defect or loss up to the amounts paid by the Fund to the municipality. The Fund may be fully or partly released from its obligation to indemnify the municipality where, owing to an act or omission of the municipality, the Fund cannot be so subrogated.
2017, c. 172017, c. 17, s. 26.
27. Except where the Fund is subrogated to the rights of a local municipality under the second paragraph of section 26, the Fund must take up a local municipality’s defence, as a plaintiff, intervenor, defendant or impleaded party, with respect to any application concerning poor workmanship, defects or losses covered by the legal or conventional warranties transferred by the Fund and affecting property that has become the municipality’s property or is under the municipality’s management under sections 20 and 21, respectively. The Fund must also indemnify the municipality for the costs, including the professional fees of its advocates and the legal costs, that the municipality could incur with respect to such an application. The same applies to the costs incurred for a settlement reached before such an application.
2017, c. 172017, c. 17, s. 27.
28. A local municipality must, as soon as it becomes aware of it, notify the Fund of any event that could involve the Fund’s obligations under sections 26 and 27. Conversely, if the Fund becomes aware of such an event without having been notified by a municipality, the Fund must inform the latter without delay.
The Fund and the municipality must actively cooperate, without any time limit, to ensure the performance of those obligations. They must also send each other any useful document or information.
2017, c. 172017, c. 17, s. 28.
29. Any dispute between the Fund and a local municipality or between either of them and a contractor concerning work carried out or works built for the purposes of the REM project must be submitted to arbitration in accordance with the Code of Civil Procedure (chapter C-25.01), unless the parties agree on a different arbitration procedure.
No arbitration costs may be charged to a municipality.
2017, c. 172017, c. 17, s. 29.
30. Prescription runs against a local municipality, for any right that it may assert with respect to work carried out by the Fund on a public road, only from the date of completion of the work for that road.
2017, c. 172017, c. 17, s. 30.
31. Sections 14 to 30 apply, with the necessary modifications, to waterworks, sewer systems or networks of underground conduits, other works that may be located under the surface of public roads, and overhead networks, where those waterworks, systems, networks and other works are a local municipality’s property. Despite section 20, such waterworks, systems, networks and other works remain the municipality’s property after the work has been completed.
For the purposes of the REM project, the Fund may exercise all the servitudes established in favour of the municipality which allow the latter to maintain those waterworks, systems, networks and other works or have access to them in cases where they are located under the surface of the immovables in the vicinity of the municipality’s immovables.
2017, c. 172017, c. 17, s. 31.
32. This chapter does not allow the Fund to alter equipment belonging to a public utility, other than a municipal utility, without obtaining the utility’s consent.
2017, c. 172017, c. 17, s. 32.
33. The Fund may entrust the exercise of the functions and powers conferred on it by this chapter to a limited partnership controlled exclusively by the Fund.
In such a case, transfers of ownership under section 20 are nevertheless made to the Fund rather than to the limited partnership.
2017, c. 172017, c. 17, s. 33.
CHAPTER IV
SERVITUDES
2017, c. 17, c. IV2017, c. 17, c. IV.
34. Any road under the Minister’s management that is crossed or bordered by the REM, and any immovable under the Minister’s authority and deemed necessary by the Minister for his or her purposes, are subject, without indemnity, to a servitude affecting the site required for the REM from the making of an agreement between the Fund and the Minister that specifies the terms and conditions of the servitude.
Once the agreement has been entered into, the Fund may publish the servitude in the land register. The Fund is required to publish it if
(1)  the management of the road devolves to a municipality under section 3 of the Act respecting roads (chapter V-9);
(2)  the road is permanently closed; or
(3)  the servient land is disposed of without having been included in a road’s right of way.
The Minister must inform the Fund without delay of a devolution, closure or disposition referred to in the second paragraph.
Registration of the servitude is obtained by filing a notice that describes the site of the servitude, states its terms and conditions and refers to this section.
In all cases, the servitude is extinguished with the dismantling of the REM.
2017, c. 172017, c. 17, s. 34.
35. The Minister may acquire, on behalf of the Fund and by agreement or expropriation, a no-access servitude in order to prohibit or limit access to a public road that is modified or reconfigured under Chapter III, even if the road is not the Fund’s property. In such a case, expropriation is governed by the provisions of Chapter II.
Where the Minister acquires a servitude in favour of the REM as dominant land, its description for the purposes of its registration in the land register need not comply with articles 3032, 3033, 3036 and 3037 of the Civil Code.
2017, c. 172017, c. 17, s. 35.
CHAPTER V
METROPOLITAN INTEGRATION
2017, c. 17, c. V2017, c. 17, c. V.
36. In the pursuit of its mission and to increase shared transportation services in the Montréal metropolitan area, the Autorité régionale de transport métropolitain (Authority) must promote the construction of the REM and the ongoing provision of REM services, while ensuring the integration of the various shared transportation services that serve its area of jurisdiction.
2017, c. 172017, c. 17, s. 36.
37. The Fund must, without delay, send the Authority a certified copy of the agreement concerning the REM entered into with the Government under section 88.10 of the Transport Act (chapter T-12), which outlines, among other things, the needs of REM users, the REM’s public interest objectives and the rate schedule for the REM, including the indexation mechanisms.
2017, c. 172017, c. 17, s. 37.
38. The Fund and the Authority may enter into an agreement that stipulates the Authority’s financial contribution to the REM project.
The following sums constitute the Authority’s contribution:
(1)  $512,000,000 in lieu of land value capture;
(2)  the other sums paid at the intervals determined by the Fund and the Authority until the financing target they set is reached, up to a maximum amount of $600,000,000 and for a period not exceeding 50 years.
A payment referred to in subparagraph 2 of the second paragraph for a given period may not, for the same period, exceed the proceeds of the dues established under Chapter V.1 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) and collected with respect to the REM.
An agreement entered into under the first paragraph ends if the Fund transfers all or part of its rights, titles and interests in the land constituting the site of the REM’s guideway. Such an agreement is not binding unless it is approved, with or without amendment, by the Minister.
Failing agreement between the Authority and the Fund within the time specified by the Minister, the Minister may determine the terms and conditions of such an agreement, which agreement is then deemed to have been entered into between the Authority and the Fund.
2017, c. 172017, c. 17, s. 38.
39. The REM operator and the Authority may enter into an agreement stipulating the remuneration for the shared transportation services provided by the operator in the Authority’s area of jurisdiction. Such an agreement may, without departing from the terms and conditions stipulated in the agreement entered into under section 88.10 of the Transport Act (chapter T-12) or making them more onerous, stipulate
(1)  remuneration determined on the basis of, among other factors, the number of users transported and the distance travelled by each user or, otherwise, fare revenue sharing;
(2)  mutual cooperation obligations;
(3)  the terms governing the rate schedule for REM users;
(4)  use of the Authority’s ticketing services and single window for simplified access to the REM; and
(5)  the information and documents the Authority and the operator must send each other, in particular the information and documents needed by the Authority to set its fares.
2017, c. 172017, c. 17, s. 39.
40. Each of the agreements provided for in sections 38 and 39 is deemed to be an agreement entered into under subparagraph 3 of the third paragraph of section 8 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3).
The terms governing contracting between the parties to those agreements that are set out in the Authority’s financing policy provided for in section 72 of that Act need not be approved by the Communauté métropolitaine de Montréal. Any proposed modification of those terms has no effect between the parties unless they consent to it.
2017, c. 172017, c. 17, s. 40.
41. Except to the extent stipulated by an agreement entered into under section 39, only the Fund, the limited partnership controlled exclusively by the Fund and the operator have jurisdiction with respect to the construction and operation of the REM.
2017, c. 172017, c. 17, s. 41.
42. The rate schedule established by the Authority under section 25 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) may only include the REM’s shared transportation services if an agreement entered into under section 88.10 of the Transport Act (chapter T-12) or under section 39 so allows.
2017, c. 172017, c. 17, s. 42.
43. The zones identified by the Authority, in accordance with section 97.1 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3), as lending themselves to the coordination of urbanization and the shared transportation services provided by the REM must be located within a radius not exceeding 1 km from each REM station.
2017, c. 172017, c. 17, s. 43.
44. A public transit authority within the meaning of section 5 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) must, at the Authority’s request, propose a new transport plan for its area of jurisdiction to foster the integration of its services with those of the REM.
2017, c. 172017, c. 17, s. 44.
45. The Authority may, with respect to the REM, exercise the powers conferred on it by Chapters VII and VIII of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) as if the REM were under the responsibility of a public transit authority governed by that Act, unless the agreement entered into between the REM operator and the Authority provides otherwise.
The Authority may delegate the exercise of the powers referred to in the first paragraph, except the power to institute penal proceedings, to a person or partnership jointly designated by the Authority and the Fund or a limited partnership, where the Fund, another mandatary of the State or the Government holds 10% or more of the instruments of the partnership’s common stock and the general partner is a business corporation with respect to which the Fund, another mandatary of the State or the Government may exercise 10% or more of the voting rights conferred by shares issued by that corporation.
2017, c. 172017, c. 17, s. 45.
CHAPTER VI
EXEMPTIONS
2017, c. 17, c. VI2017, c. 17, c. VI.
46. The Act respecting duties on transfers of immovables (chapter D-15.1) does not apply where a transfer of an immovable that is or will be part of the REM has been concluded and the transferee is
(1)  the Fund; or
(2)  a limited partnership, where the Fund, another mandatary of the State or the Government holds 10% or more of the instruments of the partnership’s common stock and the general partner is a business corporation with respect to which the Fund, another mandatary of the State or the Government may exercise 10% or more of the voting rights conferred by the shares issued by that corporation.
The first paragraph does not apply if the purpose of the transfer is to exclude an immovable from the REM.
2017, c. 172017, c. 17, s. 46.
47. The Fund and the limited partnership referred to in subparagraph 2 of the first paragraph of section 46 are, in their activities relating to the construction or management of the REM, exempted from
(1)  any mode of tariffing established by a local municipality under sections 244.1 to 244.10 of the Act respecting municipal taxation (chapter F-2.1) for its property, services or other activities;
(2)  any prerequisite condition imposed under sections 117.1 to 117.6 of the Act respecting land use planning and development (chapter A-19.1);
(3)  any tariff of fees for the issue of permits or certificates under the Act respecting land use planning and development;
(4)  the application of sections 145.21 to 145.30 of the Act respecting land use planning and development to the issue of permits or certificates;
(5)  the imposition of any tax under sections 151.8 to 151.12 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);
(6)  any dues under sections 151.13 to 151.18 of the Charter of Ville de Montréal, metropolis of Québec;
(7)  the imposition of any tax under sections 500.1 to 500.5 of the Cities and Towns Act (chapter C-19) or articles 1000.1 to 1000.5 of the Municipal Code of Québec (chapter C-27.1); and
(8)  any dues under sections 500.6 to 500.11 of the Cities and Towns Act or articles 1000.6 to 1000.11 of the Municipal Code of Québec.
2017, c. 172017, c. 17, s. 47.
CHAPTER VII
AMENDING PROVISIONS
2017, c. 17, c. VII2017, c. 17, c. VII.
Act respecting the Autorité régionale de transport métropolitain
48. (Amendment integrated into c. A-33.3, s. 6).
2017, c. 172017, c. 17, s. 48.
49. (Amendment integrated into c. A-33.3, s. 8).
2017, c. 172017, c. 17, s. 49.
50. (Amendment integrated into c. A-33.3, s. 72).
2017, c. 172017, c. 17, s. 50.
51. (Amendment integrated into c. A-33.3, s. 79).
2017, c. 172017, c. 17, s. 51.
52. (Amendment integrated into c. A-33.3, s. 82).
2017, c. 172017, c. 17, s. 52.
53. (Amendment integrated into c. A-33.3, s. 84.1).
2017, c. 172017, c. 17, s. 53.
54. (Amendment integrated into c. A-33.3, chapter V.1, ss. 97.1-97.12).
2017, c. 172017, c. 17, s. 54.
55. (Amendment integrated into c. A-33.3, ss. 108.1-108.2).
2017, c. 172017, c. 17, s. 55.
56. (Amendment integrated into c. A-33.3, s. 130.1).
2017, c. 172017, c. 17, s. 56.
Charter of Ville de Montréal
57. (Amendment integrated into c. C-11.4, Sch. C, s. 194).
2017, c. 172017, c. 17, s. 57.
Railway Act
58. (Amendment integrated into c. C-14.1, s. 1).
2017, c. 172017, c. 17, s. 58.
Act respecting municipal taxation
59. (Amendment integrated into c. F-2.1, s. 47).
2017, c. 172017, c. 17, s. 59.
60. (Amendment integrated into c. F-2.1, s. 65).
2017, c. 172017, c. 17, s. 60.
61. (Omitted).
2017, c. 172017, c. 17, s. 61.
62. (Amendment integrated into c. F-2.1, s. 204).
2017, c. 172017, c. 17, s. 62.
63. (Amendment integrated into c. F-2.1, s. 208).
2017, c. 172017, c. 17, s. 63.
64. (Amendment integrated into c. F-2.1, s. 236).
2017, c. 172017, c. 17, s. 64.
65. (Amendment integrated into c. F-2.1, s. 262).
2017, c. 172017, c. 17, s. 65.
66. (Amendment integrated into c. F-2.1).
2017, c. 172017, c. 17, s. 66.
Act respecting the Ministère des Transports
67. (Amendment integrated into c. M-28, s. 11.1).
2017, c. 172017, c. 17, s. 67.
68. (Amendment integrated into c. M-28, s. 11.1.2).
2017, c. 172017, c. 17, s. 68.
69. (Amendment integrated into c. M-28, s. 11.5).
2017, c. 172017, c. 17, s. 69.
Act to ensure safety in guided land transport
70. (Amendment integrated into c. S-3.3, s. 54).
2017, c. 172017, c. 17, s. 70.
71. (Amendment integrated into c. S-3.3, s. 58).
2017, c. 172017, c. 17, s. 71.
Transport Act
72. (Amendment integrated into c. T-12, s. 88.11).
2017, c. 172017, c. 17, s. 72.
73. (Amendment integrated into c. T-12, s. 88.11.1).
2017, c. 172017, c. 17, s. 73.
74. (Amendment integrated into c. T-12, s. 88.14).
2017, c. 172017, c. 17, s. 74.
75. (Amendment integrated into c. T-12, s. 88.15).
2017, c. 172017, c. 17, s. 75.
Regulation respecting rail safety
76. (Amendment integraterd into c. S-3.3, r. 2, s. 106).
2017, c. 172017, c. 17, s. 76.
CHAPTER VIII
TRANSITIONAL, MISCELLANEOUS AND FINAL PROVISIONS
2017, c. 17, c. VIII2017, c. 17, c. VIII.
77. The Minister of Finance is authorized to take out of the Consolidated Revenue Fund a sum not exceeding $1,283,000,000 for the consideration that the Minister must provide for the subscription for shares issued by a wholly-owned subsidiary within the meaning of the fifth paragraph of section 4 of the Act respecting the Caisse de dépôt et placement du Québec (chapter C-2) and described in subparagraph a.1 of the first paragraph of section 31 or referred to in the third paragraph of section 32 of that Act.
Such an authorization ceases to have effect on 1 April 2020.
2017, c. 172017, c. 17, s. 77.
78. For the purposes of the REM project, the Government may, despite the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), authorize, on the conditions it determines, the use for purposes other than agriculture, or the subdivision or alienation, of lot 2 702 207 or a part of it and of additional surface areas of lots 2 702 212 and 3 349 833, identified in (O.C. 456-2017, 2017-05-03), all of the cadastre of Québec, registration division of La Prairie, which are situated in Ville de Brossard, or of the parts of those lots described in the Order in Council.
That Order in Council is deemed, from the day on which it was made, to have been made under this section.
The Government may revoke all or part of an authorization given under this section.
The authorization or revocation must be notified to the Commission de protection du territoire agricole du Québec.
2017, c. 172017, c. 17, s. 78.
79. Lots 5 126 417, 5 583 376, 5 583 377, 5 583 378, 5 583 379, 5 583 380, 5 583 381, 5 583 382 and 5 583 383 and the parts of lots 5 583 385, 5 583 389 and 5 583 392 that are not already part of the agricultural zone of the municipality of Saint-Stanislas-de-Kostka, all of the cadastre of Québec, registration division of Beauharnois, are included in that zone.
2017, c. 172017, c. 17, s. 79.
80. The planned development of the Deux-Montagnes REM line for the REM project in the territory of the Communauté métropolitaine de Montréal is not and has never been subject to the environmental impact assessment and review procedure provided for in Division IV.1 of Chapter I of the Environment Quality Act (chapter Q-2).
As regards the construction of the Sainte-Anne-de-Bellevue, Aéroport and Rive-Sud REM lines in the territory of the Communauté métropolitaine de Montréal, the certificate of authorization issued under (O.C. 458-2017, 2017-05-03) and the environmental impact assessment and review procedure preceding the making of the Order in Council, including all decisions rendered and all other acts performed by the minister responsible for the administration of the Environment Quality Act and by the Bureau d’audiences publiques sur l’environnement, are deemed to be in compliance with the Act.
2017, c. 172017, c. 17, s. 80.
81. This Act transfers, in favour of a subsidiary of the Fund referred to in section 88.15 of the Transport Act (chapter T-12), the benefit of any reserve established under section 75 of the Expropriation Act (chapter E-24) and held by the Fund on 26 September 2017.
The Fund or its subsidiary identified in the notice of expropriation, if applicable, is deemed to be mentioned in the notice of establishment of the reserve.
The rights need not be published in the land register. The Fund may, however, with respect to an immovable and if it considers it advisable, publish a notice of the transfer referring to this section and containing the description of the immovable.
2017, c. 172017, c. 17, s. 81.
82. Until the coming into force of the first regulation made by the Government under subparagraph 11.1 of the first paragraph of section 54 of the Act to ensure safety in guided land transport (chapter S-3.3), enacted by section 70, the minimum amount of civil liability insurance the REM operator must purchase is $100,000,000 and the amount of the deductible may not exceed $5,000,000.
2017, c. 172017, c. 17, s. 82.
83. The Fund and the Authority must enter into the first agreement provided for in section 38 not later than 26 November 2017.
Failing that, the Minister must, without delay, determine the terms and conditions of the agreement referred to in that section, which agreement is then deemed to have been entered into between the Fund and the Authority.
2017, c. 172017, c. 17, s. 83.
84. The Authority must, not later than 26 November 2017, make the first by-law provided for in section 97.2 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3), enacted by section 54, concerning the transportation dues intended to finance the costs of the agreements entered into under sections 38 and 39. In such a case, the terms governing the dues need not be consistent with those set out in the Authority’s financing policy.
Failing that, the Minister may enact the by-law. In such a case, the Minister replaces the Authority for the identification of the zones referred to in section 97.1 of that Act, enacted by section 54.
2017, c. 172017, c. 17, s. 84.
85. For the purposes of the second paragraph of section 97.2 of the Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3), the rate prescribed by the Authority’s by-law concerning the dues established under Chapter V.1 of that Act with respect to the REM is multiplied
(1)  for the period ending on 31 December 2018, by 50%;
(2)  for the subsequent period ending on 31 December 2019, by 65%; and
(3)  for the subsequent period ending on 31 December 2020, by 80%.
2017, c. 172017, c. 17, s. 85.
86. Any lease affecting the immovable of the Fund situated on lots 1 179 344, 1 284 732, 5 777 987 and 5 777 989 of the cadastre of Québec, registration division of Montréal, is resiliated by operation of law on 27 March 2018. The same applies to any sublease affecting that immovable.
Chapter II applies, with the necessary modifications, to such a resiliation as if it were an expropriation decided by the Minister and, in such a case, the Fund replaces the Minister.
2017, c. 172017, c. 17, s. 86.
87. The Minister of Transport is responsible for the administration of this Act.
2017, c. 172017, c. 17, s. 87.
88. Section 11 has effect from 19 April 2016.
2017, c. 172017, c. 17, s. 88.
89. (Omitted).
2017, c. 172017, c. 17, s. 89.