C-37.3 - Act respecting the Communauté urbaine de Québec

Repealed on 1 January 2002

This document has official status.

chapter C-37.3

Act respecting the Communauté urbaine de Québec

Repealed, 2000, c. 56, s. 229.

2000, c. 56, s. 229.

TITLE I COMMUNAUTÉ URBAINE DE QUÉBEC

DIVISION I DEFINITIONS

1. In this Act,

“Council” means the Council of the Communauté urbaine de Québec;

“Minister” means the Minister of Municipal Affairs and Greater Montréal;

“Société” means the Société de transport de la Communauté urbaine de Québec constituted in Title II.

1969, c. 83, s. 1; 1971, c. 88, s. 1, s. 54; 1977, c. 5, s. 14; 1978, c. 103, s. 1; 1988, c. 58, s. 1; 1993, c. 67, s. 1; 1999, c. 43, s. 13.

DIVISION II CONSTITUTION OF THE URBAN COMMUNITY

2. A legal person in the public interest, consisting of the municipalities listed in Schedule A and the inhabitants and taxpayers of their territories, is hereby constituted under the name “Communauté urbaine de Québec”.

The territory of the Community consists of the territories of the municipalities listed in Schedule A.

1969, c. 83, s. 2; 1977, c. 5, s. 14; 1993, c. 67, s. 2.

3. (Replaced).

1969, c. 83, s. 3; 1993, c. 67, s. 2.

4. The head office of the Community shall be situated within its territory, in the place it shall determine.

After establishing or changing the location of its head office, the Community shall have a notice of the location published in a newspaper circulated in its territory.

1969, c. 83, s. 4; 1993, c. 67, s. 3.

5. The powers of the Community are exercised by the Council, subject to any delegation effected by the latter in accordance with law.

1969, c. 83, s. 6; 1993, c. 67, s. 3.

DIVISION III

Repealed, 1993, c. 67, s. 4.

1993, c. 67, s. 4.

6. (Repealed).

1969, c. 83, s. 7; 1975, c. 91, s. 6; 1978, c. 103, s. 3; 1984, c. 32, s. 1; 1987, c. 108, s. 1; 1993, c. 67, s. 4.

6.1. (Repealed).

1984, c. 32, s. 1; 1993, c. 67, s. 4.

6.2. (Repealed).

1984, c. 32, s. 1; 1993, c. 67, s. 4.

6.3. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 2; 1993, c. 67, s. 4.

6.3.1. (Repealed).

1985, c. 31, s. 28; 1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.2. (Repealed).

1985, c. 31, s. 28; 1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.3. (Repealed).

1985, c. 31, s. 28; 1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.4. (Repealed).

1985, c. 31, s. 28; 1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.5. (Repealed).

1985, c. 31, s. 28; 1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.6. (Repealed).

1985, c. 31, s. 28; 1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.7. (Repealed).

1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.8. (Repealed).

1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.9. (Repealed).

1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.3.10. (Repealed).

1987, c. 57, s. 784; 1990, c. 4, s. 295; 1993, c. 67, s. 4.

6.3.11. (Repealed).

1987, c. 57, s. 784; 1993, c. 67, s. 4.

6.4. (Repealed).

1984, c. 32, s. 1; 1993, c. 67, s. 4.

6.5. (Repealed).

1984, c. 32, s. 1; 1988, c. 30, s. 38; 1993, c. 67, s. 4.

6.6. (Repealed).

1984, c. 32, s. 1; 1988, c. 30, s. 38; 1993, c. 67, s. 4.

6.7. (Repealed).

1984, c. 32, s. 1; 1988, c. 85, s. 89; 1993, c. 67, s. 4.

6.8. (Repealed).

1984, c. 32, s. 1; 1988, c. 85, s. 89; 1993, c. 67, s. 4.

6.8.1. (Repealed).

1988, c. 30, s. 39; 1993, c. 67, s. 4.

6.9. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 3.

6.10. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 3.

6.11. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 3.

6.12. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 3.

6.13. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 3.

6.14. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 3.

6.15. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 3.

6.16. (Repealed).

1984, c. 32, s. 1; 1987, c. 108, s. 3.

7. (Repealed).

1969, c. 83, s. 17; 1971, c. 88, s. 4; 1978, c. 103, s. 5; 1984, c. 32, s. 2; 1987, c. 108, s. 4; 1993, c. 67, s. 4.

7.1. (Repealed).

1984, c. 32, s. 2; 1987, c. 108, s. 5.

7.2. (Repealed).

1984, c. 32, s. 2; 1987, c. 108, s. 6; 1993, c. 67, s. 4.

7.3. (Repealed).

1984, c. 32, s. 2; 1987, c. 108, s. 7; 1993, c. 67, s. 4.

7.4. (Repealed).

1984, c. 32, s. 2; 1987, c. 108, s. 8; 1993, c. 67, s. 4.

7.5. (Repealed).

1984, c. 32, s. 2; 1993, c. 67, s. 4.

8. (Repealed).

1969, c. 83, s. 18; 1970, s. 65, s. 1; 1984, c. 32, s. 3.

9. (Repealed).

1969, c. 83, s. 19; 1978, c. 103, s. 6; 1984, c. 32, s. 3.

10. (Repealed).

1969, c. 83, s. 20; 1978, c. 103, s. 7; 1984, c. 32, s. 4; 1987, c. 108, s. 9; 1993, c. 67, s. 4.

11. (Repealed).

1969, c. 83, s. 22; 1982, c. 63, s. 159; 1988, c. 85, s. 90; 1993, c. 67, s. 4.

11.1. (Repealed).

1982, c. 63, s. 159; 1993, c. 67, s. 4.

11.2. (Repealed).

1982, c. 63, s. 159; 1993, c. 67, s. 4.

11.3. (Repealed).

1982, c. 63, s. 159; 1993, c. 67, s. 4.

12. (Repealed).

1969, c. 83, s. 23; 1993, c. 67, s. 4.

13. (Repealed).

1969, c. 83, s. 24; 1972, c. 71, s. 1; 1978, c. 103, s. 90; 1983, c. 57, s. 86; 1993, c. 67, s. 4.

14. (Repealed).

1969, c. 83, s. 25; 1993, c. 67, s. 4.

15. (Repealed).

1978, c. 103, s. 9; 1993, c. 67, s. 4.

16. (Repealed).

1969, c. 83, s. 26; 1993, c. 67, s. 4.

17. (Repealed).

1969, c. 83, s. 27; 1993, c. 67, s. 4.

18. (Repealed).

1969, c. 83, s. 28; 1993, c. 67, s. 4.

19. (Repealed).

1969, c. 83, s. 29; 1971, c. 88, s. 5; 1977, c. 80, s. 1; 1978, c. 103, s. 90; 1984, c. 32, s. 5.

20. (Repealed).

1969, c. 83, s. 30; 1993, c. 67, s. 4.

21. (Repealed).

1969, c. 83, s. 31; 1993, c. 67, s. 4.

22. (Repealed).

1969, c. 83, s. 32; 1971, c. 88, s. 6; 1972, c. 71, s. 2; 1984, c. 32, s. 6; 1993, c. 67, s. 4.

23. (Repealed).

1969, c. 83, s. 33; 1993, c. 67, s. 4.

24. (Repealed).

1969, c. 83, s. 34; 1993, c. 67, s. 4.

25. (Repealed).

1969, c. 83, s. 35; 1993, c. 67, s. 4.

26. (Repealed).

1969, c. 83, s. 36; 1984, c. 32, s. 7; 1987, c. 108, s. 10; 1993, c. 67, s. 4.

27. (Repealed).

1969, c. 83, s. 37; 1984, c. 32, s. 8; 1987, c. 108, s. 11; 1993, c. 67, s. 4.

28. (Repealed).

1969, c. 83, s. 38; 1993, c. 67, s. 4.

DIVISION IV COUNCIL

§ 1 . — Composition

29. The Council consists of the representatives of the municipalities listed in Schedules A and B.

The representative of a municipality is its mayor.

However, if the mayor is absent or unable to act, or if the office of mayor is vacant, the representative of the municipality is the substitute mayor appointed in accordance with section 30.

1969, c. 83, s. 39; 1971, c. 88, s. 7; 1978, c. 103, s. 10; 1983, c. 57, s. 87; 1984, c. 32, s. 9; 1987, c. 108, s. 12; 1988, c. 58, s. 2; 1993, c. 67, s. 5.

30. The council of a municipality shall appoint in advance from among its members a permanent substitute mayor.

If the permanent substitute mayor is absent or unable to act, or if the office of permanent substitute mayor is vacant, the council of the municipality may appoint from among its members a temporary substitute for the duration of the absence, inability to act or vacancy in the office of permanent substitute mayor. It must be specified in the resolution passed under this paragraph that the member is appointed as substitute mayor on a temporary basis only, failing which the resolution is deemed to appoint a permanent substitute.

The council of the municipality may delegate to the mayor the power to appoint the substitute mayor. In such case, the mayor shall make the appointment by means of a document signed by him and filed in the office of the municipality; the document must specify, where applicable, that the substitute mayor is appointed on a temporary basis only, failing which the document is deemed to appoint a permanent substitute.

The clerk or secretary-treasurer of the municipality shall transmit to the Community an authenticated copy of the resolution appointing a substitute or effecting a delegation as soon as possible after passage of the resolution. The clerk or secretary-treasurer shall transmit to the Community an authenticated copy of a document by the mayor appointing a substitute as soon as possible after its filing; the mayor may, however, transmit a copy of the document himself, in which case the clerk or secretary-treasurer is dispensed from doing so.

The substitute may not act in that capacity until the Community has received a copy of the resolution or document appointing him.

1969, c. 83, s. 40; 1970, c. 65, s. 2; 1978, c. 103, s. 11; 1987, c. 108, s. 13; 1993, c. 67, s. 5.

31. A person ceases to be a substitute if he is replaced in that capacity otherwise than on a temporary basis, if he ceases to be a councillor of the municipality or if he resigns as a substitute.

A person resigning shall sign a document to that effect and shall transmit the original to the Community and a copy to the municipality. The resignation takes effect from the date on which the original is received by the Community.

1969, c. 83, s. 41; 1993, c. 67, s. 5.

31.1. The Council has the offices of chairman, first vice-chairman and second vice-chairman of the Community; such offices shall not be held concurrently by the same person.

To determine the holders of the offices, the following categories are established from among the municipalities listed in Schedule A:

(1)  Category 1 comprising the city of Québec;

(2)  Category 2 comprising the cities of Beauport, Charlesbourg and Sainte-Foy;

(3)  Category 3 comprising the other municipalities.

Each office must be held successively, in a set order and for a period of two years, by the mayor of a municipality in each category. Mayors of municipalities in the same category may not hold more than one office concurrently.

1993, c. 67, s. 5.

31.2. The holder of an office that must be held by the mayor of a municipality in category 2 or 3 shall be designated by and from the mayors of the municipalities in that category, in the manner set out in this section.

On his own initiative or on the request of any of the mayors of the municipalities in the category, the secretary of the Community shall call a meeting of the mayors using the procedure for the calling of a special meeting of the Council.

The meeting of the mayors is public, the quorum is the majority of the mayors and the secretary shall preside at the meeting. Each mayor has one vote.

At the beginning of the meeting, the mayors shall decide by a majority vote whether the holder of the office will be designated by a voice vote or by secret ballot.

The secretary shall establish the nomination and voting procedure. He shall declare as holder designate of the office the mayor who is the only candidate or for whom more than half of the votes were cast. The secretary shall hold as many rounds of voting as are necessary to designate the holder of the office; at the outset of the process, he may set rules so that candidates are eliminated in each round of voting.

However, at the beginning of the meeting, the mayors may, by a simple majority of the votes cast, determine the circumstances in which a drawing of lots, rather than another round of voting, will be held in the case of a tie vote following a round of voting. If such circumstances arise, the secretary shall establish the procedure for the drawing of lots, hold the draw and declare the mayor who is favoured by the drawing of lots to be the holder designate of the office.

The secretary shall draw up the minutes of the meeting and shall table them before the Council at the first meeting of the Council following the meeting of mayors.

1993, c. 67, s. 5; 1996, c. 52, s. 45.

31.3. Where an office must be held for a period of two years by the mayor of a municipality in category 2 or 3, the holder of the office must be designated before the beginning of that period.

If the holder of the office is not designated before the beginning of the period, the mayor of the municipality in the category concerned holding one of the other offices at the end of the preceding period shall become the holder of the unfilled office for the period in question.

If, at any time during the period, the Act respecting elections and referendums in municipalities (chapter E-2.2) disqualifies the holder of the office from attending meetings of the Council as a member thereof, he may be replaced, for the duration of the disqualification within the period, by another mayor designated in accordance with section 31.2.

1993, c. 67, s. 5.

31.4. A person ceases to hold office on expiry of his term, on ceasing to hold the office of mayor, or in the case of a mayor of a municipality in category 2 or 3, on being replaced in accordance with the third paragraph of section 31.3 and for the duration of that replacement, or on resigning from office.

A person resigning shall sign a document to that effect and shall transmit the original to the Community and a copy to each municipality in the category concerned. The resignation takes effect from the date on which the Community receives the original of the document.

1993, c. 67, s. 5.

31.5. Within 60 days following the day on which an office that must be held for a period of two years by the mayor of a municipality in category 2 or 3 becomes vacant, a new holder must be designated in accordance with section 31.2 for the remainder of the period.

Notwithstanding the foregoing, a new holder need not be designated if the office becomes vacant during the last 60 days of the period, or if the Community receives a document signed by the sitting mayor of each municipality in the category concerned attesting that he declines to be designated as the new holder of the office for the remainder of the period.

1993, c. 67, s. 5.

31.6. The first vice-chairman replaces the chairman if the latter is absent or unable to act or if the office of chairman is vacant.

The second vice-chairman replaces the first vice-chairman if the latter is absent or unable to act or if the office of first vice-chairman is vacant.

The replacement of one office holder by another does not constitute the holding of offices concurrently.

A substitute mayor who, pursuant to the third paragraph of section 29, replaces a mayor as a member of the Council does not replace the mayor as either the chairman or the vice-chairman.

1993, c. 67, s. 5.

31.7. The chairman directs the activities of the Community.

He sees that the provisions of any Act or statutory instrument applicable to the Community are observed, that the provisions of the by-laws of the Community are observed and that the decisions of the Community are carried out.

He acts as the representative of the Community.

1993, c. 67, s. 5.

§ 2 . — Meetings

31.8. The Council may hold its meetings at any place within the territory of the Community.

1993, c. 67, s. 6.

32. The Council shall hold not fewer than four regular meetings per calendar year.

It shall fix the days on which the meetings are held and the time at which they begin.

1969, c. 83, s. 42; 1978, c. 103, s. 12; 1993, c. 67, s. 6; 1996, c. 52, s. 46.

33. The agenda paper for each regular meeting of the Council shall be prepared by the secretary of the Community and shall contain the matters referred to him within the proper time, or within the time previously fixed by the Council by by-law, by the chairman, the executive committee, a select or special committee, the chairman of the Société or a group of not fewer than three members of the Council.

In addition, the agenda paper of any regular meeting must contain any matter required by law to be considered at the meeting.

1969, c. 83, s. 43; 1971, c. 88, s. 8; 1978, c. 103, s. 13; 1993, c. 67, s. 6.

34. The special meetings of the Council shall be called by the secretary of the Community at the request of the chairman of the executive committee or any committee or on the written application of not fewer than three members of the Council; the notice of convocation shall mention the subjects to be discussed, as may be requested; it shall also mention any matter required by law to be considered at the meeting; the notice of convocation shall be in lieu of the agenda paper.

At a special meeting, only the business specified in the notice of convocation shall be considered.

1969, c. 83, s. 44; 1978, c. 103, s. 14; 1984, c. 32, s. 10; 1993, c. 67, s. 7.

35. Not later than the third day preceding a regular meeting, or not later than 36 hours or, in exceptional circumstances, 24 hours before the time fixed for a special meeting, the secretary shall have a notice of convocation to the meeting and, where applicable, the agenda paper delivered to each member of the board of directors by an employee of the Community, a courier service or a peace officer. The notice of convocation of a special meeting may also be sent by facsimile transmission, within the prescribed time, to each member of the Council.

Also, the notice of convocation of any meeting may be sent to every member of the Council by registered or certified mail at least five clear days before the meeting.

For the purposes of the first two paragraphs, the permanent substitute mayor from the city of Québec, while not replacing the mayor under the third paragraph of section 29, is considered a member of the Council.

1969, c. 83, s. 45; 1971, c. 88, s. 9; 1975, c. 83, s. 84; 1993, c. 67, s. 8; 1996, c. 52, s. 47; 1999, c. 40, s. 69.

35.1. The secretary shall have prior notice of the holding of each meeting of the Council published in a newspaper circulated in the territory of the Community.

The first paragraph does not apply in the case of a special meeting for which the notice of convocation is prepared less than 36 hours before the time fixed for the opening of the meeting.

1993, c. 67, s. 9; 1996, c. 52, s. 48.

35.2. The chairman shall preside at the meetings of the Council.

He shall maintain order and decorum at the meetings, and may have any person who disturbs the order at a meeting removed.

1993, c. 67, s. 9.

36. Whenever, at a meeting, the business submitted could not be entirely disposed of on the first day, the Council must adjourn the meeting.

When, at 12:00 p.m., the Council itself has not decided as to the adjournment, the sitting shall be automatically suspended from such time, except for the purposes of fixing the date of adjournment, and if the Council fails to fix a date of adjournment before 1:00 a.m., the meeting shall automatically be adjourned to the next following juridical day, at 7:30 p.m.

For the purposes of this section, Saturday is a non-juridical day.

1969, c. 83, s. 46; 1993, c. 67, s. 10; 1999, c. 40, s. 69.

37. The meetings of the Council are public.

Every meeting of the Council must include a period during which persons attending may put oral questions to the members of the Council.

The Council may, by by-law, prescribe the length of and time for the question period and the procedure to follow to put questions to members.

1969, c. 83, s. 47; 1978, c. 103, s. 15; 1982, c. 63, s. 160; 1987, c. 108, s. 14; 1993, c. 67, s. 11.

38. The quorum at meetings of the Council is seven members.

For the purposes of the first paragraph, the members of the Council representing Municipalité de Saint-Augustin-de-Desmaures and Municipalité de Boischatel are deemed to be absent during the deliberations and the vote concerning, in the first case, any matter relating to the Société and, in the second case, any other matter.

1969, c. 83, s. 48; 1993, c. 67, s. 11; 1996, c. 52, s. 49.

38.1. On a matter relating to the Société, only the members of the Council representing the municipalities listed in Schedule B are entitled to vote.

On any other matter, only the members of the Council representing the municipalities listed in Schedule A are entitled to vote.

The permanent substitute mayor from the city of Québec, while not replacing the mayor under the third paragraph of section 29, may take part in deliberation on the matters referred to in the first or second paragraph of this section, but he is not entitled to vote.

The first two paragraphs of this section apply subject to section 96.4.

1993, c. 67, s. 11; 1996, c. 2, s. 548.

39. The member of the Council who represents the municipality with the smallest population among the municipalities whose representatives are entitled to vote on the matter in question has one vote.

A member of the Council who represents a municipality other than the municipality with the smallest population among the municipalities referred to in the first paragraph has a number of votes equal to the quotient obtained by dividing the population of the municipality he represents by that of the municipality with the smallest population. Where the quotient contains a decimal fraction, only the first two decimal numbers are taken into account.

The first two paragraphs of this section apply subject to section 96.4.

1969, c. 83, s. 50; 1970, c. 65, s. 3; 1971, c. 88, s. 10; 1978, c. 103, s. 17; 1984, c. 32, s. 11; 1987, c. 108, s. 15; 1993, c. 67, s. 11.

39.1. Decisions of the Council are taken by a two-thirds majority of the votes cast. However, the negative votes cast by the representative of Ville de Québec suffice for a decision to be negative.

The two-thirds majority vote must include the vote of not fewer than five members of the Council.

The first two paragraphs of this section apply subject to section 96.4.

1987, c. 108, s. 15; 1993, c. 67, s. 12; 1996, c. 2, s. 549; 1997, c. 93, s. 104.

40. Every member of the Council present at a meeting he is not presiding and who is entitled to vote on a matter must vote on that matter unless he is disqualified to vote under the Act respecting elections and referendums in municipalities (chapter E-2.2) by reason of his interest in the matter.

1969, c. 83, s. 51; 1984, c. 32, s. 12; 1987, c. 57, s. 785; 1993, c. 67, s. 13.

41. (Replaced).

1969, c. 83, s. 52; 1971, c. 88, s. 11; 1972, c. 71, s. 3; 1982, c. 63, s. 161; 1993, c. 67, s. 13.

42. (Replaced).

1969, c. 83, s. 53; 1993, c. 67, s. 13.

43. The minutes of the votes and proceedings of the Council shall be entered in a book kept for such purpose by the secretary of the Community. They shall be signed by the secretary and by the member who presided at the meeting; where the latter is not the chairman and cannot sign the minutes owing to absence, inability to act or vacancy of office, his signature shall be replaced by the chairman’s signature.

The minutes of a meeting shall be read by the secretary and approved by the Council at a subsequent meeting which may not be later than the second regular meeting following. However, the secretary is dispensed from reading the minutes if a copy has been given to every member of the Council not later than at the time of convocation for the subsequent meeting.

1969, c. 83, s. 54; 1972, c. 71, s. 4; 1987, c. 68, s. 64; 1993, c. 67, s. 14; 1996, c. 52, s. 50.

44. (Replaced).

1969, c. 83, s. 55; 1993, c. 67, s. 14.

§ 3 . — By-laws

44.1. The Council may adopt a by-law respecting its internal management or that of the Community, of the executive committee or of any select or special committee.

Any by-law provided for in another provision of this division or in a provision of any of Divisions IV.1 to V may be integrated into the internal management by-law.

1993, c. 67, s. 15.

45. A copy of every draft by-law to be considered at a meeting must be included with the notice of convocation for that meeting.

However, if the consideration of the draft by-law is deferred to a subsequent meeting, it is not necessary for a copy of the draft by-law to be included with the notice of convocation for that meeting.

1969, c. 83, s. 56; 1993, c. 67, s. 15.

46. To be authentic, the original of a by-law shall be signed by the chairman and by the secretary.

1969, c. 83, s. 57; 1993, c. 67, s. 16.

46.1. In no case where this Act or any other general law or special Act provides that a by-law must receive an approval may the by-law be published or come into force until it has received that approval.

In such a case, a certificate signed by the chairman and the secretary, attesting the date of each of the required approvals, must accompany and forms part of the original of such by-law.

1982, c. 63, s. 162; 1993, c. 67, s. 17.

47. The approval of a by-law by the Government or the minister, body or person whose approval is required has no other effect than that of rendering the by-law executory, according to law, from its coming into force. Such approval may be replaced by an authorization.

Such approval may be of a part only, or qualified.

1969, c. 83, s. 58; 1977, c. 5, s. 14; 1982, c. 63, s. 163; 1993, c. 67, s. 18.

48. The original of every by-law shall be registered at length in a special book entitled: “Book of the by-laws of the Communauté urbaine de Québec”.

The secretary shall also enter in such book, at the end of every by-law registered therein, a certified copy of the notice of publication of such by-law.

The secretary shall be the custodian of the by-laws of the Community.

1969, c. 83, s. 59; 1977, c. 5, s. 14.

49. Several subject-matters may be provided for in one and the same by-law.

Where several subject-matters provided for in one and the same by-law require certain approvals before coming into force, it shall not be necessary that each of such subject-matters receive such approvals separately and it shall be sufficient that they be given to the by-law as a whole.

1969, c. 83, s. 60.

50. Except where otherwise provided by law, every by-law of the Community shall come into effect and have force of law, if not otherwise provided for therein, on the day of the publication thereof.

1969, c. 83, s. 61.

51. Every by-law shall be published, after the passing thereof or its final approval in the case where it has been submitted to one or several approvals, under the signature of the secretary, by being posted up at the office of the Community and by insertion in a newspaper circulated in the territory of the Community, of a notice mentioning the object of the by-law, the date on which it was passed, and the place where communication thereof may be had.

If the by-law received one or several approvals, the notice shall mention the date of each of these approvals.

1969, c. 83, s. 62; 1972, c. 71, s. 5; 1993, c. 67, s. 19.

52. Every by-law shall be executory and remain in force until replaced, repealed or annulled by competent authority, or until the expiry of the period for which it has been passed.

1969, c. 83, s. 63; 1982, c. 63, s. 164.

53. No by-law which, before coming into force, was submitted to one or several approvals, may be amended or repealed except by another by-law approved in the same manner.

1969, c. 83, s. 64.

54. Every by-law passed by the Community shall, when published, be deemed public law, and it shall not be necessary to allege it specially.

1969, c. 83, s. 65.

55. Any copy of a by-law shall constitute proof of its contents, provided that it is certified by the secretary or by the person in charge of access to the documents of the Community, without any proof of the signature being necessary, saving the right of any party attacking the by-law to proceed against the same by improbation.

1969, c. 83, s. 66; 1993, c. 67, s. 20; 1999, c. 40, s. 69.

56. Subject to sections 136.13 and 140.3, the Community may, by by-law,

(1)  prescribe that an offence under any regulatory provision coming under its jurisdiction shall be sanctioned by a fine;

(2)  prescribe either a fine of a fixed amount, or the minimum and maximum fines, or a maximum fine only, in which case the minimum fine is $1.

The fixed amount or maximum fine prescribed cannot exceed, for a first offence, $1 000 if the offender is a natural person, or $2 000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum fine prescribed cannot exceed $2 000 if the offender is a natural person, or $4 000 if the offender is a legal person.

1969, c. 83, s. 67; 1990, c. 4, s. 296; 1993, c. 67, s. 21; 1996, c. 52, s. 51.

57. Any person entered on the valuation roll or on the roll of rental values of a municipality whose territory is comprised in that of the Community, and any such municipality and any other person concerned may, by motion, apply for and obtain, on the ground of illegality, the quashing of any by-law or part of a by-law of the Community, with costs against the Community.

Such recourse shall not exclude or affect the recourse allowed by article 33 of the Code of Civil Procedure (chapter C-25).

1969, c. 83, s. 68; 1988, c. 21, s. 66; 1993, c. 67, s. 22.

58. The motion shall set forth, in a clear and precise manner, the reasons alleged in support of the application, and shall be accompanied by a certified copy of the by-law impugned, if such copy could be obtained.

If such copy could not be obtained, the court having jurisdiction or a judge thereof, upon application, shall order the production thereof by the secretary of the Community, and such officer shall for such purposes be deemed to be an officer of the court.

1969, c. 83, s. 69; 1988, c. 21, s. 66; 1993, c. 67, s. 23.

59. The motion shall be served upon the secretary of the Community, four days at least before it is presented to the court.

1969, c. 83, s. 70.

60. Before service of the motion, the applicant shall give security for costs in the usual manner; otherwise such motion shall not be received by the court.

1969, c. 83, s. 71.

61. The court or the judge may, if it or he deems it expedient, allow the motion to be answered in writing.

1969, c. 83, s. 72.

62. (1)  The court may quash such by-law in whole or in part, order the service of the judgment upon the secretary of the Community, and order the same to be published in whole or in part in a newspaper circulated in the territory of the Community.

(2)  Every by-law or part of a by-law so quashed shall cease to be in force from the date of the judgment.

1969, c. 83, s. 73; 1972, c. 71, s. 6; 1993, c. 67, s. 24.

63. The court may condemn either of the parties to pay the costs of the contestation, and such costs may be recovered from them and from the sureties.

The judgment, as far as the costs are concerned, shall be executory against the sureties, thirty days after a copy thereof has been served upon them.

1969, c. 83, s. 74.

64. The Community shall alone be responsible for any damage or suits which may arise from the putting into force of any by-law or part of a by-law the quashing of which has been so obtained.

1969, c. 83, s. 75; 1999, c. 40, s. 69.

65. The right to apply for the quashing of a by-law shall be prescribed by three months from the coming into force of such by-law.

1969, c. 83, s. 76.

66. There shall be no appeal from interlocutory judgments rendered in an action to quash a by-law; they may be revised at the same time as the final judgment if an appeal is brought from the latter.

1969, c. 83, s. 77.

67. Any procès-verbal, resolution and other order of the Community may be set aside, by reason of illegality, in the same manner, within the same time and with the same effect as a by-law of the Community.

The special recourse granted by this section shall not exclude or affect the action to annul in cases where such action may be brought under article 33 of the Code of Civil Procedure (chapter C-25).

1969, c. 83, s. 78; 1979, c. 72, s. 400; 1988, c. 21, s. 66; 1993, c. 67, s. 25; 1999, c. 40, s. 69.

68. (Repealed).

1969, c. 83, s. 79; 1982, c. 63, s. 165.

DIVISION IV.1 EXECUTIVE COMMITTEE

1993, c. 67, s. 26.

68.1. The executive committee of the Community consists of the chairman and the vice-chairmen of the Community.

However, if the mayor of the city of Québec is absent or unable to act, or if his office is vacant, his permanent substitute replaces him as a member of the committee.

1993, c. 67, s. 26.

68.2. The executive committee has the offices of chairman, first vice-chairman and second vice-chairman.

Each office is held by the holder of the corresponding office on the Council.

1993, c. 67, s. 26.

68.3. The first vice-chairman replaces the chairman if the latter is absent or unable to act or if the office of chairman is vacant.

The second vice-chairman replaces the first vice-chairman if the latter is absent or unable to act or if the office of first vice-chairman is vacant.

Where the permanent substitute mayor replaces the mayor of the city of Québec as a member of the executive committee pursuant to the second paragraph of section 68.1, he does not replace the mayor as chairman or vice-chairman of the committee.

1993, c. 67, s. 26.

68.4. Subject to section 237.1 of the Act respecting land use planning and development (chapter A-19.1), the Council may, by by-law, delegate to the executive committee on the conditions it determines, all or part of the powers conferred on it by law or statutory instrument, except the power to adopt by-laws.

The Council may also, in the same manner, determine the matters on which the committee must give its opinion to the Council.

1993, c. 67, s. 26.

68.5. Subject to sections 68.6 to 68.13, the meetings of the executive committee shall be called and held in accordance with the rules, if any, prescribed by the internal management by-law adopted under section 44.1.

1993, c. 67, s. 26; 1996, c. 52, s. 52.

68.6. The chairman shall preside at the meetings of the executive committee.

1993, c. 67, s. 26.

68.7. The meetings of the executive committee shall be held in camera.

The Council may, however, by by-law, provide that all or part of the meetings of the committee be held in public. The Council or the committee may also, on a case by case basis, provide that all or part of a meeting of the committee be held in public.

The holding of a meeting in camera does not prevent a member of the Council who is not a member of the committee from attending the meeting.

1993, c. 67, s. 26.

68.8. The quorum at meetings of the executive committee is two members.

1993, c. 67, s. 26.

68.9. Each member of the executive committee has one vote.

The permanent substitute mayor from the city of Québec, while not replacing the mayor under the second paragraph of section 68.1, may take part in the proceedings, but he is not entitled to vote.

1993, c. 67, s. 26.

68.10. Every member of the executive committee present at a meeting he is not presiding must vote on every matter put to a vote unless he is disqualified to vote under the Act respecting elections and referendums in municipalities (chapter E-2.2) by reason of his interest in the matter.

1993, c. 67, s. 26.

68.11. Decisions of the executive committee are made by a majority of the votes cast.

1993, c. 67, s. 26.

68.12. The minutes of the votes and proceedings of the executive committee shall be entered in a book kept for such purpose by the secretary of the Community. They shall be signed by the secretary and by the member who presided at the meeting; where the member is not the chairman and cannot sign the minutes owing to absence, inability to act or vacancy of office, his signature shall be replaced by the chairman’s signature.

The minutes of a meeting shall be read by the secretary and approved by the committee at a subsequent meeting which may not be later than the second regular meeting following. However, the secretary is dispensed from reading the minutes if he has had a copy of them delivered to each member of the committee not later than at the time of delivery of the notice of convocation for the subsequent meeting.

1993, c. 67, s. 26.

68.13. A member of the executive committee may, where circumstances so warrant, deliberate and vote at a meeting of the executive committee by telephone or other means of communication.

A member may avail himself of that right only if the following conditions are met:

(1)  the chairman of the executive committee or the person replacing him and the secretary of the Community are present at the same place; and

(2)  the telephone or other means of communication used permits all persons participating or present at the meeting to hear one other.

The minutes of the meeting must mention the names of members who participate at the meeting by telephone or other means of communication.

A member who deliberates and votes at a meeting by telephone or other means of communication in accordance with this section is deemed to be present at the meeting, and shall be included for the purpose of determining whether there is a quorum.

1996, c. 52, s. 53.

DIVISION IV.2 SELECT AND SPECIAL COMMITTEES

1993, c. 67, s. 26.

69. The select committees of the Community are:

(1)  the planning, traffic and transport committee;

(2)  the administration and finance committee;

(3)  the environment quality committee;

(4)  the economic development and tourism committee.

1969, c. 83, s. 80; 1978, c. 103, s. 18; 1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.1. Each select committee consists of six members.

Two members are designated by the Council from among the mayors of the municipalities listed in Schedule A who are neither the chairman nor one of the vice-chairmen of the Community.

The other four members are designated by the Council from among the eligible councillors referred to in section 69.2.

No person who is a member of a select committee may be a member concurrently of another select committee or of the board of directors of the Société.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.2. The council of the city of Québec shall designate ten of its councillors as councillors eligible to hold any of the offices reserved for councillors on the select committees and on the board of directors of the Société. The councils of the cities of Beauport, Charlesbourg and Sainte-Foy shall each designate three of its councillors to be eligible to hold any of those offices.

Except where the resolution makes a group designation of the ten or of the three eligible councillors, as the case may be, every resolution designating a councillor shall specify which formerly designated councillor is being replaced, failing which the decision shall be made by the Council.

As soon as possible after a resolution designating a councillor is passed, the clerk of the municipality shall transmit an authenticated copy of the resolution to the Community.

The designation takes effect only from the time the Community receives the copy of the resolution.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.3. A person ceases to be an eligible councillor referred to in section 69.2 if he is replaced in that capacity, ceases to be a councillor of the municipality or resigns as an eligible councillor.

A person resigning shall sign a document to that effect and shall send the original to the Community and a copy to the municipality. The resignation takes effect from the date on which the original is received by the Community.

1984, c. 32, s. 13; 1987, c. 57, s. 786; 1989, c. 56, s. 13; 1993, c. 67, s. 26.

69.4. The term of office of a member of a select committee is for an indefinite period.

The member ceases to hold office if he is replaced, designated a member of another select committee or of the board of directors of the Société, or resigns as a member of the committee. He also ceases to hold office if he ceases to be a mayor or an eligible councillor referred to in section 69.2 or if he becomes the chairman or a vice-chairman of the Community.

A person resigning shall sign a document to that effect and shall send the original to the Community and a copy to the municipality on whose council he is a member. The resignation takes effect from the date on which the original is received by the Community.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.5. Each select committee has an office of chairman and of vice-chairman.

The Council shall designate the chairman and the vice-chairman from among the members of the committee who are mayors.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.6. The term of office of the chairman or vice-chairman of a select committee is for an indefinite period.

The chairman or the vice-chairman ceases to hold office if he is replaced, ceases to be a member of the committee or resigns as chairman or vice-chairman.

The person resigning shall sign a document to that effect and shall send the original to the Community and a copy to the municipality of which he is the mayor. The resignation takes effect from the date on which the original is received by the Community.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.7. The vice-chairman replaces the chairman if the latter is absent or unable to act or if the office of chairman is vacant.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.8. The function of every select committee is to study, where so requested by the Council or on its own initiative, any matter within the committee’s field of competence, and to make any recommendations to the Council it considers appropriate.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.9. Subject to sections 69.10 to 69.15, the meetings of every select committee shall be called and held in accordance with the rules, if any, prescribed by the internal management by-law adopted under section 44.1.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.10. Every select committee shall hold not fewer than four regular meetings per calendar year.

The secretary shall have prior notice of each meeting to be held published in a newspaper circulated in the territory of the Community.

1984, c. 32, s. 13; 1993, c. 67, s. 26.

69.11. The chairman of a select committee shall preside at its meetings.

Where a chairman must be replaced by the vice-chairman and the latter is absent or unable to act or his office is vacant, the members of the committee present at the meeting may designate a person from among their number to preside at the meeting.

1993, c. 67, s. 26.

69.12. The meetings of every select committee are public.

Every meeting of a select committee must include a period during which persons attending may put oral questions to the members of the committee.

The Council may, by by-law, prescribe the length of and time for the question period and the procedure to follow to put questions to members.

1993, c. 67, s. 26.

69.13. The quorum at meetings of a select committee is four members.

1993, c. 67, s. 26.

69.14. Each member of a select committee has one vote.

1993, c. 67, s. 26.

69.15. The recommendations of every select committee must be adopted by a majority of the votes cast.

The committee shall keep a record of its proceedings and recommendations in a report signed by the chairman of the committee or by not fewer than four other members.

The report shall be tabled at a meeting of the Council.

1993, c. 67, s. 26.

69.16. In addition to the select committees provided for in section 69, the Council may, by by-law, establish any special committee whose function is to study a matter within the competence of the Community that is not within the field of competence of any select committee, or that is within the field of competence of more than one select committee, and to make any recommendations it considers appropriate to the Council.

The Council shall by the same by-law provide for the composition of the special committee and the rules governing its functioning.

1993, c. 67, s. 26.

DIVISION IV.3 REMUNERATION OF THE MEMBERS OF THE COUNCIL, THE EXECUTIVE COMMITTEE AND THE SELECT AND SPECIAL COMMITTEES

1993, c. 67, s. 26.

70. The Council may, by by-law, fix the remuneration or indemnity of its members not referred to in the third paragraph. The remuneration or indemnity fixed for the mayor of the municipality of Boischatel may be different from that fixed for the other members of the Council.

The Council may, by the same by-law, fix any additional remuneration or indemnity for the members of the Council, and fix the remuneration or indemnity for the chairman, first vice-chairman or second vice-chairman of the Community, for the chairman, vice-chairman or any other member of a select or special committee, or for the permanent substitute mayor from the city of Québec.

The Council may, by the same by-law, fix the remuneration or indemnity of a substitute mayor who temporarily becomes a member of the Council pursuant to the third paragraph of section 29; such remuneration or indemnity may be different in the case of the substitute mayor from the municipality of Boischatel. The Council may provide that the remuneration or indemnity does not apply in respect of the permanent substitute mayor from the city of Québec. It may also provide that payment of the remuneration or indemnity entails a reduction in the remuneration or indemnity otherwise payable, for the office of member of the Council, to a mayor replaced owing to absence or inability to act.

Any indemnity is paid as reimbursement for the part of the expenses attached to the office which are not reimbursed pursuant to sections 70.4 to 70.8. The indemnity may not exceed one half of the remuneration.

The by-law may have retroactive effect from 1 January of the year in which it comes into force.

1969, c. 83, s. 81; 1986, c. 95, s. 109; 1990, c. 4, s. 297; 1993, c. 67, s. 26.

70.1. The Council may, by the by-law adopted under section 70, where the temporary replacement of the holder of an office by another person lasts for the number of days specified by the Council, provide for the payment by the Community, to the person replacing the holder of the office, of additional remuneration or indemnity sufficient to ensure that, for the period beginning at the time specified and ending at the same time as the replacement ends, the replacement receives the equivalent of the remuneration or indemnity otherwise payable, for that period and in respect of that office, to the holder of the office being replaced.

The Council may provide that the additional remuneration or indemnity provided for in the first paragraph does not apply in respect of the permanent substitute mayor from the city of Québec. It may also provide that payment of the additional remuneration or indemnity entails a reduction in the remuneration or indemnity otherwise payable, for the office in question, to the holder of the office being replaced owing to absence or inability to act.

1982, c. 63, s. 166; 1984, c. 32, s. 14; 1993, c. 67, s. 26.

70.2. Every person receives the remuneration or indemnity provided for him by the by-law adopted under section 70, unless the application of section 23 of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) disqualifies him from receiving the remuneration or indemnity or reduces the amount thereof.

The first paragraph applies subject to any provision of the Act respecting elections and referendums in municipalities (chapter E-2.2) that prescribes a loss of remuneration or indemnity for any meeting of the Council, the executive committee or a select or special committee for which the person has lost the right to attend as a member.

1993, c. 67, s. 26.

70.3. Further to the provisions of the third paragraph of section 70, the second paragraph of section 70.1 and the second paragraph of section 70.2, the Council may, by the by-law adopted under section 70, prescribe the conditions under which the failure of a member of the Council, the executive committee or a select or special committee to attend a meeting or to fulfill his obligation to vote at a meeting entails a reduction in his remuneration or indemnity, and prescribe the rules for computing the reduction.

1993, c. 67, s. 26.

70.4. No member of the Council, the executive committee or a select or special committee may, as part of his duties, perform any act involving expenses chargeable to the Community except with the prior authorization of the Council to perform the act and incur, in consequence thereof, expenses not exceeding the amount fixed by the Council.

However, the chairman of the Community is not required to obtain prior authorization when acting in his capacity as representative of the Community. Such exemption also applies to any other member of the Council designated by the chairman to replace him as representative of the Community on any occasion on which neither vice-chairman is able to replace him in accordance with section 31.6.

1993, c. 67, s. 26.

70.5. A member of the Council, the executive committee or a select or special committee who, in the exercise of his duties, has incurred expenses chargeable to the Community is entitled, on presentation of a statement accompanied with the proper vouchers, to be reimbursed by the Community for the amount of the expenses, up to the maximum amount fixed in the prior authorization, where that is the case.

1993, c. 67, s. 26.

70.6. The Council may, by by-law, establish a tariff applicable where expenses chargeable to the Community are incurred by particular classes of acts performed in Québec for a purpose other than travel outside Québec, and prescribe what vouchers must be presented to prove that such an act was performed.

If such a by-law is in force, the prior authorization required by section 70.4 in respect of an act covered by the tariff is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed.

Notwithstanding section 70.5, a member of the Council, the executive committee or a select or special committee who, as part of his duties, has performed an act covered by the tariff in force is entitled, on presentation of a statement accompanied with the vouchers prescribed in the by-law, to receive from the Community the amount prescribed in the tariff for that act.

1993, c. 67, s. 26.

70.7. The Council may provide sufficient appropriations in the budget of the Community for the reimbursement, pursuant to section 70.5 or 70.6, of expenses incurred by particular classes of acts that the members of the Council, the executive committee or a select or special committee may perform on behalf of the Community as part of their duties.

The prior authorization required by section 70.4 in respect of an act included in a class for which appropriations are provided in the budget is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed. The maximum amount is considered to be the balance of the appropriations for acts of that class, after deducting previous reimbursements or, where applicable, the amount prescribed in the tariff for that act.

If no appropriations are available, the Council may appropriate, for the purposes of the first paragraph, all or part of the balance of the sums provided in the budget to cover contingencies; such sums are deemed to be appropriations.

1993, c. 67, s. 26; 1999, c. 40, s. 69.

70.8. Notwithstanding sections 70.6 and 70.7, the Council may fix the maximum amount of expenses allowed where it authorizes one of its members or a member of the executive committee or of a select or special committee to perform an act covered by the tariff or in a class for which appropriations are provided in the budget.

Section 70.5 applies in such case even if the act is covered by the tariff.

1993, c. 67, s. 26.

70.8.1. Sections 70.4 to 70.8 apply in respect of acts performed or expenses incurred while the member of the Council, the executive committee or a select or special committee is representing the Community otherwise than in the course of the work of bodies of which he is a member within the Community or another municipal body, or while he is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of his duties.

Those sections also apply in respect of acts performed or expenses incurred, for the purposes of meals, at a meeting of the Council, the executive committee or a select or special committee of the Community or another municipal body, or at any other meeting held in connection with such a meeting, to the extent that no member of the Council, the executive committee or the select or special committee concerned was excluded from the meeting for any cause other than the member’s disqualification.

1996, c. 27, s. 133; 1997, c. 93, s. 105.

70.9. For the purposes of his salary, pension plan, benefits and other conditions of employment, a person who is replaced temporarily in his office owing to absence or inability to act is deemed not to cease holding the office for the time he is replaced.

1993, c. 67, s. 26.

70.10. The Community may be reimbursed from the Société for any amounts the Community has paid under this division to the mayor of the municipality of Boischatel or to his substitute.

1993, c. 67, s. 26.

DIVISION V ADMINISTRATIVE DEPARTMENTS AND OFFICERS

71. The Council may, by by-law, establish the administrative departments of the Community and define the scope of their activities.

It shall establish the secretarial department, the treasury department and the valuation department.

1969, c. 83, s. 82; 1971, c. 88, s. 12; 1978, c. 103, s. 90; 1983, c. 57, s. 88; 1993, c. 67, s. 27.

72. The Council shall appoint a director general, a secretary, who is the head of the secretarial department, and a treasurer, who is the head of the treasury department.

For the purposes of exercising the jurisdiction conferred on the Community by the Act respecting municipal taxation (chapter F-2.1), the Council shall appoint an assessor, who is the head of the valuation department.

The Council shall also appoint the head of any other department it establishes.

It may appoint an assistant to any person appointed under any of the first three paragraphs. The assistant shall temporarily replace the person if the latter is absent or unable to act or if the office is vacant.

In no case may a person hold an office provided for in this section concurrently with the office of member of the council of a municipality listed in Schedule A or B, or with the position of officer or employee of such municipality.

1969, c. 83, s. 83; 1971, c. 88, s. 13; 1993, c. 67, s. 27.

73. The Council may engage any other officer or employee it considers useful for the purposes of the Community.

1969, c. 83, s. 84; 1971, c. 88, s. 14; 1993, c. 67, s. 27.

74. The Council shall define the duties of the officers and employees of the Community other than the duties provided for in an Act or in a statutory instrument.

It shall establish, individually or by category, the salary, benefits and other conditions of employment of the officers and employees of the Community.

1969, c. 83, s. 85; 1978, c. 103, s. 90; 1983, c. 57, s. 89; 1987, c. 108, s. 16; 1993, c. 67, s. 27.

74.1. The Council may, by by-law, prescribe administrative standards, establish an organization plan for the departments of the Community or prescribe the staffing requirements for the management of the departments.

The Council may also, on the conditions it determines, delegate to the director general full or partial responsibility for applying the standards or plan, for hiring officers or employees other than those referred to in section 72, for dismissing or suspending with or without pay officers or employees other than those referred to in section 76, or for effecting a reduction in their salaries. Such responsibility may, in respect of a department, be delegated to the head of the department if he is not under the authority of the director general.

The director general may subdelegate, insofar as the resolution by which the decision provided for in the second paragraph so permits, all or a part of the responsibilities entrusted to him to the head of a department under his authority.

1993, c. 67, s. 27; 1996, c. 52, s. 54.

74.2. The chairman of the Community may, for cause, suspend an officer or employee of the Community with or without pay until the next meeting of the Council or, if the power to impose a penalty prescribed in section 75 on the officer or employee was delegated to the executive committee, until the next meeting thereof.

At the meeting, the chairman must table a report giving reasons for the suspension.

1993, c. 67, s. 27.

75. The Council may dismiss or suspend without pay any officer or employee of the Community or reduce his salary.

1969, c. 83, s. 86; 1983, c. 57, s. 89; 1987, c. 108, s. 17; 1993, c. 67, s. 27.

76. The resolution dismissing, suspending without pay or reducing the salary of an officer or employee who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held a position for at least six months or has held, within the Community, a position the holder of which is not an employee within the meaning of that Code shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25).

A person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the labour commissioner general who shall appoint a labour commissioner to make an inquiry and decide the complaint.

1969, c. 83, s. 87; 1977, c. 5, s. 14; 1983, c. 57, s. 90; 1993, c. 67, s. 28; 2000, c. 54, s. 25.

76.1. The provisions of the Labour Code (chapter C-27) respecting the labour commissioner general, the labour commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19 and 118 to 137.

2000, c. 54, s. 25.

76.2. The labour commissioner may

(1)  order the Community to reinstate the officer or employee ;

(2)  order the Community to pay to the officer or employee an indemnity up to a maximum equivalent to the salary the officer or employee would normally have received had there been no such measure ;

(3)  render any other decision the labour commissioner believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the Community to pay to the officer or employee compensation up to a maximum equivalent to the amount the officer or employee disbursed to exercise the recourse.

2000, c. 54, s. 25.

77. The decision of the labour commissioner must state the grounds on which it is based and be rendered in writing. The decision shall bind both the Community and the officer or employee.

The labour commissioner must file the original of the decision at the office of the labour commissioner general.

The clerk shall send forthwith a true copy of the decision to the parties.

1969, c. 83, s. 88; 1988, c. 21, s. 66; 2000, c. 54, s. 25.

77.1. Sections 76 to 77 do not apply to a suspension without pay unless

(1)  the suspension is for more than 20 working days, or

(2)  the suspension, whatever its duration, occurs within the 12 months after the expiry of a suspension without pay for more than 20 working days.

1983, c. 57, s. 91; 1993, c. 67, s. 29; 2000, c. 54, s. 26.

78. No officer of the Community shall, on pain of forfeiture of his office, have any direct or indirect interest in an undertaking which causes his personal interest to conflict with that of his department.

Such forfeiture shall not occur, however, if such interest devolves to him by succession or gift and he renounces or disposes of it with all possible dispatch.

1971, c. 88, s. 15.

79. (Repealed).

1971, c. 88, s. 15; 1993, c. 67, s. 30.

80. (Repealed).

1971, c. 88, s. 15; 1993, c. 67, s. 30.

81. The secretary of the Community shall be the custodian of the seal and records of the Community.

He shall attend all the meetings of the executive committee and of the Council.

The minutes signed and approved in accordance with section 43 or 68.12, as the case may be, shall be evidence of their contents; the same shall apply to documents or copies emanating from the Community and forming part of its records, when certified by the secretary or the person in charge of access to documents of the Community. Unless the Council decides to the contrary, the secretary, with the chairman, shall sign all the Community’s contracts.

1969, c. 83, s. 89; 1971, c. 88, s. 16; 1972, c. 71, s. 7; 1984, c. 32, s. 15; 1987, c. 68, s. 65; 1993, c. 67, s. 31.

82. Subject to the provisions of this Act, the director general shall have the following functions and duties:

(a)  under the authority of the Council and the executive committee, to manage the affairs of the Community;

(b)  as mandatary of the Council and the executive committee, to exercise authority over the heads of departments, with the exception of the secretary;

(c)  to ensure coordination between the Council and the executive committee and the heads of departments;

(d)  to transmit to the Council or the executive committee any correspondence sent to him by the departments of the Community;

(e)  to attend the meetings of the Council and the executive committee;

(f)  to have access to all the Community’s records;

(g)  to compel any officer or employee of the Community to furnish him with all information and documents which he requires;

(h)  under the authority of the Council and the executive committee, to ensure the carrying out of the plans and programmes of the Community;

(i)  to obtain and examine projects prepared by the heads of departments on matters requiring the approval of the Council or of the executive committee and present them to the Council or executive committee, as the case may be;

(j)  to coordinate the budgetary estimates of the various departments and present them to the Council or, where the estimates must be studied by the executive committee, to the latter;

(k)  to satisfy himself that the money of the Community is used in accordance with the appropriations comprised in the budget, by-laws and resolutions;

(l)  to present to the Council a list of accounts payable or, where the accounts payable must be studied by the executive committee, to present the list to the executive committee.

All communications between the Council and the executive committee and the officers of the Community shall be made through the director general.

1969, c. 83, s. 90; 1978, c. 103, s. 90; 1983, c. 57, s. 92; 1993, c. 67, s. 32.

83. (Repealed).

1969, c. 83, s. 91; 1993, c. 67, s. 33.

DIVISION VI GENERAL POWERS

84. In addition to the other powers which it has under this Act, the Community may:

(a)  have a seal which it may alter at will;

(b)  appear before the courts;

(c)  bind itself and bind others towards it by observing, where necessary, the formalities prescribed by this Act;

(d)  acquire by agreement any movable or immovable property;

(e)  sell, exchange, encumber, lease or alienate any property by observing, where necessary, the formalities prescribed by this Act and, in particular, lease its central data-processing system to third parties or perform, with that system, work for third parties on such conditions as it deems appropriate;

(f)  construct, own, maintain, improve and use, on its property or on that of which it has the enjoyment, any work calculated to further the exercise of its powers, and contribute to or assist in any manner in the construction, improvement or maintenance of such work;

(g)  establish and maintain or assist in the establishment or maintenance of relief or retirement funds or pension plans for its officers and employees, or for their relatives and dependent persons, and pay premiums for them, subject, in regard to retirement funds and pension plans to the Supplemental Pension Plans Act (chapter R‐15.1) and, in regard to relief funds, with the approval of the Inspector General of Financial Institutions; the renewal of insurance policies and of contracts relating to the exercise of such power is not subject to section 92, and such contracts and policies may be validly made and renewed without a call for tenders;

(h)  (paragraph repealed);

(i)  carry out such studies as it deems necessary for the exercise of its competence, whether such studies deal with its territory or with any other territory;

(j)  transfer by onerous title or lease rights and licences in respect of processes devised by it as well as know-how in its fields of competence and any material allowing such know-how or data concerning its territory to be used, and transfer them by gratuitous title or make a loan for use of them to the Government or any of its ministers or a body thereof, a municipality, an urban community, a school board or any other non-profit organization.

1969, c. 83, s. 92; 1972, c. 71, s. 8; 1975, c. 76, s. 11; 1978, c. 103, s. 19; 1981, c. 9, s. 24; 1982, c. 52, s. 117; 1984, c. 32, s. 16; 1989, c. 38, s. 319; 1993, c. 67, s. 34; 1997, c. 93, s. 106; 1999, c. 40, s. 69.

85. The Community may, by a by-law requiring the approval of the Minister, constitute a working fund the purpose, constitution and administration of which must be consistent with the following rules:

(1)  To constitute such fund, the Community may borrow through the issue and sale of treasury bills, notes or other securities the amounts which it deems necessary, provided the current nominal value of such treasury bills, notes or other securities does not at any time exceed $12,500,000.

The Community may also constitute the fund or contribute to a fund that has already been constituted by allocating thereto all or part of the accumulated surplus of its general fund. The total of the sum thereby allocated and of the nominal value of the treasury bills, notes or other securities referred to in the first paragraph shall not exceed $12,500,000.

(2)  Such treasury bills, notes or other securities may bear no nominal interest rate, shall be payable to bearer, and shall mature no more than 365 days after the date of their issue. They may provide that they are redeemable before maturity and must indicate that they are issued for the purposes of the fund.

(3)  The sale of the treasury bills, notes or other securities shall be carried out by agreement or by tender. Sale by agreement shall be made on behalf of the Community by the treasurer with the approval of the Community.

In the case of sale by tender, such tenders shall not be subject to section 92, but they shall be addressed to the treasurer and opened by him in the presence of the chairman, or in the presence of the secretary or treasurer or their assistants. The treasurer shall make the sale on behalf of the Community, to the tenderer or tenderers who submitted the tender or tenders which the treasurer deems to be the most advantageous to the Community, but he shall not be held to accept any tender.

(4)  Loans from such fund may only be granted for a term not to exceed five years and:

(a)  for all purposes for which the Community is authorized to borrow temporarily in anticipation of the sale of bonds;

(a.1)  for the purposes of capital expenditures;

(b)  in anticipation of the collection of revenue for the current year; or

(c)  in anticipation of the collection of tax arrears.

(5)  Moneys out of the fund may be invested in treasury bills or in other short-term bonds or securities provided for in paragraphs 2, 3 and 4 of article 1339 of the Civil Code. Such moneys may also be invested at short term in a chartered bank or other financial institution authorized to receive deposits.

(6)  At the end of a fiscal year of the Community, any operating surplus of the fund shall be transferred to the general fund of the Community, and any deficit shall be made good out of such fund if need be.

1971, c. 88, s. 17; 1977, c. 5, s. 14; 1984, c. 32, s. 17; 1984, c. 38, s. 119; 1993, c. 67, s. 35; 1997, c. 93, s. 107; 1999, c. 40, s. 69.

85.1. The Community may, by by-law, establish a financial reserve for any purpose within its jurisdiction to finance expenditures other than capital expenditures.

The by-law must set out

(1)  the purpose for which the reserve is established ;

(2)  the projected amount of the reserve ;

(3)  the mode of financing of the reserve ;

(4)  in the case of a reserve of specified duration, the duration of existence of the reserve ;

(5)  the allocation of the amount, if any, by which income exceeds expenditures at the end of the existence of the reserve.

The duration of existence of a reserve must be determined, unless such determination is inconsistent with the purpose for which the reserve is established.

2000, c. 19, s. 17.

85.2. A financial reserve shall be made up of the sums allocated to it each year and interest earned on the sums.

The reserve may be made up only of sums from the portion of the general fund of the Community allocated for that purpose by the Council or of the excess amount referred to in section 244.4 of the Act respecting municipal taxation (chapter F-2.1), derived from a mode of tariffing established by the Community under section 157.3.

2000, c. 19, s. 17.

85.3. The by-law establishing a financial reserve must be approved by the Minister.

2000, c. 19, s. 17.

85.4. All expenditures necessary for the carrying out of the purpose for which the reserve was established must have been made on or before the date on which the reserve ceases to exist.

The treasurer must file, not later than at the last meeting of the Council before that time, a statement of the income and expenditures of the reserve.

The Council shall allocate the amount, if any, by which the reserve’s income exceeds its expenditures in accordance with the provisions of the by-law under which the reserve was established. If there is no such provision, any amount in excess shall be paid into the general fund.

2000, c. 19, s. 17.

85.5. A by-law establishing a financial reserve may not provide for a projected amount that, if added to the projected amounts of reserves already established by by-law and still in existence, results in an amount exceeding 15% of the other appropriations provided for in the budget of the fiscal year during which the by-law establishing the reserve is adopted.

2000, c. 19, s. 17.

85.6. The sums allocated to a financial reserve established under section 85.1 must be invested in accordance with section 166.1.

2000, c. 19, s. 17.

86. The Community may, in accordance with law, enter into an agreement respecting the exercise of its competence with a government, with a department of that government, with an international organization or with an agency of that government or organization or with any other public body. It may carry out the agreement and exercise the rights and fulfil the obligations arising therefrom, even outside its territory.

However, in order to make an agreement with a municipality of Québec, the Community shall proceed according to sections 96.2 to 96.4.

1969, c. 83, s. 93; 1982, c. 63, s. 167; 1996, c. 52, s. 55; 1999, c. 59, s. 30.

86.1. The Community may make an agreement for the purposes of twinning with another supramunicipal body situated in Québec or elsewhere.

1983, c. 57, s. 93.

86.2. The Community may make an agreement with the Government under which certain responsibilities, defined in the agreement, that are assigned by an Act or regulation to the Government, to a Minister or to a government body, are transferred to the Community on an experimental basis.

1995, c. 71, s. 64.

86.3. The agreement shall set out the conditions governing the exercise of the responsibility to which it applies, including the duration thereof, and, where applicable, provide for the renewal of the agreement and determine the rules relating to the financing required for its implementation.

1995, c. 71, s. 64.

86.4. The Community may join any municipality or any other urban community for the purposes of an agreement with the Government under section 86.2.

1995, c. 71, s. 64.

86.5. An agreement under section 86.2 shall prevail over any inconsistent provision of a general law or special Act or of any regulation thereunder.

1995, c. 71, s. 64.

87. The Community may acquire by expropriation any immoveable, part of an immovable or any real right, within or without its territory, which it may require for the attainment of its objects.

However, in the case of an immovable, part of an immovable or any real right set apart for a public use or not susceptible of expropriation according to some general law or special Act, the prior authorization of the Government shall be required.

1969, c. 83, s. 94; 1996, c. 2, s. 550.

88. In order to expropriate, the Community shall proceed in accordance with the Expropriation Act (chapter E-24), with the necessary modifications.

1969, c. 83, s. 95; 1973, c. 38, s. 146.

89. After the passing of a resolution by the Council ordering the expropriation of an immoveable, no permit for building, alteration or repair shall be issued by a municipality as regards such immoveable, except for urgent repairs. Such prohibition shall cease after six months from the date of the resolution unless expropriation proceedings have commenced prior to the expiry of such time.

No indemnity or damages shall be granted for buildings erected on or improvements made to an immoveable property after such resolution has been passed, provided that such resolution be followed by expropriation proceedings within the following six months. Such provision shall not apply to urgent repairs made after a permit for such purpose has been obtained.

1969, c. 83, s. 96; 1999, c. 40, s. 69.

90. The secretary of the Community shall send forthwith to each municipality concerned a certified copy of every resolution passed under section 89.

1969, c. 83, s. 98 (part).

91. The Community may alienate property.

The secretary shall publish every month, in a newspaper circulated in the territory of the Community, a notice describing each property of a value greater than $10 000 that was alienated by the Community during the preceding month otherwise than by auction or by public tenders. The notice shall mention the price of alienation and the identity of the purchaser.

1969, c. 83, s. 103; 1977, c. 5, s. 14; 1978, c. 103, s. 90; 1983, c. 57, s. 94; 1984, c. 38, s. 120; 1995, c. 71, s. 65; 1999, c. 40, s. 69.

92. Every contract enumerated hereunder involving an expenditure by the Community of more than $20 000 must be awarded in accordance with section 92.0.1 or 92.0.2:

(1)  an insurance contract;

(2)  a contract for the performance of work;

(3)  a contract for the supply of materials or equipment, including a contract for the lease of equipment with an option to purchase;

(4)  a contract for the providing of services other than, subject to the second paragraph of section 92.0.2, professional services.

Notwithstanding the foregoing, the first paragraph does not apply to a contract

(1)  whose object is the supply of materials or equipment or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec, or by a Minister or body thereof;

(2)  whose object is the supply of materials or equipment or the providing of services and which is entered into with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1);

(3)  whose purpose is to obtain energy savings for the Community and whose object is both the providing of professional services and the performance of work or the supply of materials, equipment or non‐professional services;

(4)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and which is entered into with the owner of the mains or installations, with a municipal body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information or with a public utility for a price corresponding to the price usually charged by an undertaking generally performing such work;

(5)  whose object is the supply of software or the performance of service or maintenance work on computer or telecommunication systems, and which is entered into with an undertaking generally operating in the field, for a price usually charged by such an undertaking for such software or such work;

(6)  whose object is the providing of services by a single supplier or by a supplier in a monopoly position in the field of communications, electricity or gas;

(7)  whose object is the maintenance of specialized equipment which must be carried out by the manufacturer or its representative;

(8)  whose object is the supply of bulk trucking services, entered into through the holder of a brokerage permit issued under the Transport Act (chapter T‐12).

A contract which, as a result of an exception provided for in subparagraph 2 or 3 of the third paragraph of section 92.0.2, is not a supply contract or a services contract for the purposes of the second paragraph of that section, is not a contract for the supply of equipment or materials or for the supply of services, as the case may be, for the purposes of subparagraphs 3 and 4 of the first paragraph of this section.

1969, c. 83, s. 104; 1971, c. 88, s. 18; 1972, c. 71, s. 9; 1977, c. 80, s. 2; 1984, c. 32, s. 18; 1993, c. 67, s. 36; 1997, c. 53, s. 32; 1999, c. 82, s. 25.

92.0.1. Any contract involving an expenditure of less than $100 000, from among the contracts to which the first paragraph of section 92 applies, may be awarded only after a call for tenders by way of written invitation to at least two insurers, contractors or suppliers, as the case may be.

1993, c. 67, s. 36.

92.0.2. Any contract involving an expenditure of $100 000 or more, from among the contracts to which the first paragraph of section 92 applies, may be awarded only after a call for tenders by way of an advertisement published in a newspaper circulated in the territory of the Community.

In the case of a construction, supply or services contract, the call for public tenders must be published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to the Community and in a newspaper that is circulated in the territory of the Community or, if it is not circulated therein, that is a publication specialized in the field and sold mainly in Québec. In the case of a supply or services contract, the electronic tendering system to be used for the publication of the call for public tenders shall be the system approved by the Government.

For the purposes of the second paragraph,

(1)  “construction contract” means a contract regarding the construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering work, including site preparation, excavation, drilling, seismic investigation, the supply of products and materials, equipment and machinery if these are included in and incidental to a construction contract, as well as the installation and repair of fixtures of a building, structure or other civil engineering work;

(2)  “supply contract” means a contract for the purchase, lease or rental of movable property that may include the cost of installing, operating and maintaining property, except a contract in respect of property related to cultural or artistic fields as well as computer software for educational purposes, and subscriptions;

(3)  “services contract” means a contract for supplying services that may include the supply of parts or materials required to supply the services, except a contract in respect of services related to cultural or artistic fields that can, under an Act or a regulation, be provided only by a physician, dentist, nurse, pharmacist, veterinary surgeon, engineer, land surveyor, architect, chartered accountant, advocate or notary.

The time limit for the receipt of tenders must be not less than eight days. However, in the case of tenders in relation to a contract referred to in the second paragraph, the time limit for the receipt of tenders must not be less than 15 days.

A call for public tenders in relation to a contract referred to in the second paragraph may stipulate that only tenders submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalisation agreement applicable to the Community will be considered. Such a call for tenders may also stipulate that the goods concerned must be produced in a territory comprising Québec and any such province or territory.

Tenders may not be called for nor may the contracts resulting therefrom be awarded except on a fixed price or unit price basis.

All tenders must be opened publicly in the presence of at least two witnesses, on the date and at the time and place mentioned in the call for tenders. All tenderers may be present at the opening of the tenders. The names of the tenderers and their respective prices must be declared aloud on the opening of the tenders.

Subject to section 92.0.2.0.1, the Community may not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed time. If, however, to comply with the conditions for a Government grant, it is necessary that the contract be awarded to a person other than the person who submitted the lowest tender within the prescribed time, the Community may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the tenders submitted within the prescribed time and that fulfil the conditions of the grant.

1993, c. 67, s. 36; 1995, c. 34, s. 68; 1995, c. 71, s. 66; 1996, c. 27, s. 134; 1997, c. 53, s. 33; 1997, c. 93, s. 108; 1997, c. 53, s. 33; 1998, c. 31, s. 70.

92.0.2.0.1. The Community may choose to use a system of bid weighting and evaluating whereby each bid obtains a number of points based on the price as well as on the quality or quantity of goods, services or work, the delivery procedure, servicing, the experience and financial capacity required of the insurer, supplier or contractor or on any other criteria directly related to the procurement.

Where the Community chooses to use such a system, the call for tenders or any document to which it refers shall mention all the requirements and all criteria that will be used for evaluating the bids, as well as the weighting and evaluation methods based on those criteria.

In such a case, the Community shall not award the contract to a person other than the person whose bid was received within the time fixed and obtained the highest score.

For the purposes of the last sentence of section 92.0.2, the bid having obtained the highest score shall be considered to be the lowest tender.

1997, c. 53, s. 34.

92.0.2.0.2. The Community may establish a qualification process which shall not discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

However, where the Community establishes a qualification process solely for the purposes of awarding a contract referred to in the second paragraph of section 92.0.2, the process may discriminate as permitted in the case of a call for public tenders in relation to such a contract under the fifth paragraph of section 92.0.2.

The Community shall invite the interested parties to obtain their qualification or the qualification of their goods or services, by causing the secretary to publish a notice to that effect in accordance with the rules set out in the second paragraph of section 92.0.2.

1997, c. 53, s. 34.

92.0.2.0.3. A call for tenders may stipulate that the goods, services, insurers, suppliers or contractors concerned by or able to satisfy the call for tenders must first be certified, qualified or registered by an organization accredited by the Standards Council of Canada or first be certified or qualified under the process provided for in section 92.0.2.0.2.

The first paragraph does not apply where, under the process provided for in section 92.0.2.0.2, only one insurer, supplier or contractor has become qualified.

1997, c. 53, s. 34.

92.0.2.0.4. Subject to the fifth and eighth paragraphs of section 92.0.2, no call for public tenders or document to which it refers shall discriminate on the basis of the province or country of origin of the goods, services, insurers, suppliers or contractors.

1997, c. 53, s. 34.

92.0.2.1. The Minister may, on the conditions he determines, allow the Community to award a contract without calling for tenders, or allow the Community to award a contract after a call for tenders made by written invitation rather than by advertisement in a newspaper.

The first paragraph does not apply where, pursuant to the terms of an intergovernmental agreement on the opening of public procurement applicable to the Community, the tenders must be public tenders.

1996, c. 52, s. 56.

92.0.2.1.1. The Community may obtain any movable property from or through the General Purchasing Director designated under section 3 of the Act respecting the Service des achats du gouvernement (chapter S-4). The Community may also obtain any service through the General Purchasing Director acting within a mandate entrusted to the General Purchasing Director by the Government under section 4.1 of that Act.

To the extent that the terms of any agreement on the opening of public procurement applicable to the Community are observed, section 92 does not apply to contracts entered into by the Community with or through the General Purchasing Director in accordance with the regulations under the Public Administration Act (chapter A-6.01).

1999, c. 59, s. 31; 2000, c. 8, s. 243.

92.0.3. Notwithstanding section 92, in a case of irresistible force which might endanger the life or health of the population or seriously damage the equipment of the Community or seriously hinder its operation, the chairman or, if the chairman is absent or unable to act and neither of the vice-chairmen is able to replace him in accordance with section 31.6, the director general may order such expenditure as he considers necessary and award any contract necessary to remedy the situation.

In such case, the chairman or, where applicable, the director general shall table a report giving reasons for the expenditure and the contract, at the next meeting of the Council or, if the power to order such an expenditure or award such a contract was delegated to the executive committee, at the next meeting of the executive committee.

1993, c. 67, s. 36; 1996, c. 52, s. 57.

92.0.4. Notwithstanding section 92, the Community may renew, without being required to call tenders, any insurance contract awarded following a call for tenders, provided that the total of the period covered by the original contract and the period covered by the renewal and, where applicable, by any previous renewal, does not exceed five years.

The premiums stipulated in the original contract may be modified for the period covered by any renewal referred to in the first paragraph.

1993, c. 67, s. 36; 1996, c. 27, s. 135.

92.0.5. The Community may enter into a leasing contract in respect of movable property that must be acquired by tender in accordance with section 92, provided it discloses, in the call for tenders, that it will have the option to enter into a leasing contract in respect of the property.

If the Community opts to enter into a leasing contract, it must give written notice thereof to the successful tenderer. Upon receipt of the notice, the successful tenderer must enter into the contract in respect of the movable property, in accordance with the conditions subject to which the tender was accepted, with the lessor designated by the Community in the notice.

1993, c. 67, s. 36.

92.1. The Community may enter into a convention with the Minister under which it is authorized by him to negotiate, including with the Société québécoise d’assainissement des eaux, a contract of the kind known as a “turn-key contract”, in exercising the competence of the Community in matters of waste water purification.

The Community and the Minister may agree upon conditions respecting the contract, the contracting partner or the manner of selecting the contracting partner.

1983, c. 57, s. 95; 1993, c. 67, s. 37; 1994, c. 17, s. 35.

92.2. The turn-key contract must state the objectives contemplated by the Community and, as the case may be, the cost limits and other general conditions with which the purification facilities must conform.

The contract confers on the contracting partner the responsibility of designing purification facilities that meet the objectives and conform with the limits and conditions, of building the facilities and operating them for a period fixed in the contract, which may in no case be less than five years.

The contract may also confer on the contracting partner the responsibility of ensuring long-term financing of the facilities.

1983, c. 57, s. 95.

92.3. Following a convention made with the Minister, the Community may negotiate a turn-key contract without being required to make a call for tenders, notwithstanding section 92.

1983, c. 57, s. 95; 1984, c. 32, s. 19; 1993, c. 67, s. 38; 1994, c. 17, s. 36.

92.4. The Community shall submit to the Minister the draft turn-key contract it has negotiated following the convention.

If the Minister gives his approval, the Community may make the contract, which requires no other approval.

1983, c. 57, s. 95; 1984, c. 38, s. 121; 1993, c. 67, s. 39; 1994, c. 17, s. 37.

92.4.1. The Community may enter into a contract with a person other than the Société québécoise d’assainissement des eaux under which it entrusts the operation of a waste water purification works to that person.

1986, c. 38, s. 1.

92.5. Notwithstanding any inconsistent provision of a general law or special Act, the Community and the Société or one or more of the municipalities mentioned in Schedule A may make a joint call for public tenders for the purpose of awarding an insurance contract or a contract for the supply of equipment or materials or the providing of services other than professional services.

For the purposes of the first paragraph, a contract for the supply of equipment includes a contract for the lease of equipment with an option to purchase.

The call for public tenders is made by the Community on its own behalf and on behalf of the Société or of any municipality party to the call.

Section 92.0.2 applies to the call for public tenders, except that it is not necessary that the contract involve an expenditure of $100 000 or more.

Neither the Société nor a municipality that is party to the call for public tenders may make a call for tenders or award a contract in respect of the object of the call unless the Community decides not to give effect to the call.

The acceptance of a tender by the Community also binds the Société or every municipality party to the call towards the successful tenderer.

1984, c. 32, s. 20; 1993, c. 67, s. 40.

DIVISION VII COMPETENCE OF THE URBAN COMMUNITY

93. The Community has such competence as is provided by this Act in the following fields:

(a)  the census;

(b)  (subparagraph repealed);

(c)  the billing and sending of tax accounts;

(d)  (subparagraph repealed);

(e)  tourist promotion and hospitality;

(f)  the uniformity of traffic by-laws, and the synchronization of mechanical traffic control systems on the main communication thoroughfares and intermunicipal streets;

(g)  (subparagraph repealed);

(h)  waste disposal and the upgrading of residual material;

(i)  water purification.

1969, c. 83, s. 105; 1971, c. 88, s. 19; 1972, c. 55, s. 127; 1978, c. 103, s. 20; 1979, c. 72, s. 267; 1982, c. 63, s. 168; 1988, c. 33, s. 1; 1988, c. 58, s. 3; 1992, c. 14, s. 1; 1993, c. 67, s. 41; 1996, c. 52, s. 58; 1998, c. 31, s. 71.

94. (Repealed).

1969, c. 83, s. 106; 1998, c. 31, s. 72.

94.1. The Community also has such competence as may be conferred on it by another Act, in particular,

(1)  the Act respecting land use planning and development (chapter A-19.1);

(2)  the Act respecting municipal taxation (chapter F-2.1);

(3)  the Environment Quality Act (chapter Q-2);

(4)  the Fire Safety Act (chapter S-3.4).

1982, c. 63, s. 169; 1999, c. 75, s. 40; 2000, c. 20, s. 171.

94.2. (Repealed).

1983, c. 57, s. 96; 1996, c. 2, s. 551.

95. The Community may, by by-law, order that it has jurisdiction in all or part of a field that is not mentioned in section 93 and that is within the competence of the municipalities whose territories are included in the Community’s territory, other than the imposition of taxes.

The secretary of the Community shall send a certified true copy of the by-law to each municipality for approval within 10 days of its adoption.

The council of each municipality shall decide on the approval of the by-law not later than 30 days after receiving the copy, failing which the approval is deemed to have been given.

The by-law must be approved by the Minister, who shall fix the date on which it comes into force. The Minister may approve the by-law only if it has been approved, in accordance with this section, by at least two-thirds of the municipalities, including Ville de Québec.

1969, c. 83, s. 107; 1971, c. 88, s. 20; 1978, c. 103, s. 21; 1987, c. 108, s. 18; 1988, c. 58, s. 4; 1992, c. 14, s. 2; 1993, c. 3, s. 132; 1996, c. 52, s. 59; 1998, c. 31, s. 73; 1999, c. 40, s. 69.

96. Subject to the provisions of this Act, the municipalities whose territories are included in the territory of the Community shall retain their competence in the fields listed in section 93 and in all or part of a field declared to be within the competence of the Community under section 95, until the Community exercises its competence in relation to such fields and to the extent that the Community has refrained from doing so.

Every provision of a by-law of a municipality in the territory of the Community contrary to or inconsistent with any provision of a by-law of the Community on any field referred to in the first paragraph immediately ceases to have effect.

1969, c. 83, s. 108; 1978, c. 103, s. 22; 1998, c. 31, s. 74.

96.0.1. The Community has the competence, for the object of improving the quality of water sites and promoting access thereto, to order, by by-law, development works on the beds, including the banks or shores and the lands bordering thereon, of the lakes and watercourses situated in its territory, and works to control their water-level.

The Community may execute the works on its own immovables or, according to law, on immovables forming part of the domain of the State where works are executed both on its immovables and on an immovable forming part of the domain of the State at once.

1985, c. 3, s. 6; 1999, c. 40, s. 69.

96.0.1.1. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the Community shall provide financial support to the local development centre accredited under the Act respecting the Ministère des Régions (chapter M-25.001) serving its territory.

1997, c. 53, s. 35; 1997, c. 91, s. 48, s. 49; 1998, c. 31, s. 75.

96.0.1.2. Every municipality whose territory is included in that of the Community shall make an annual contribution in support of the local development centre referred to in section 96.0.1.1 by the payment of a sum the amount of which shall be determined by a by-law of the Community or according to rules prescribed in the by-law.

The sum shall be integrated into the aliquot share that the municipality is required to pay to the Community under section 157.2.

Where several local development centres carry on their activities in the territory of the Community, the by-law provided for in the first paragraph shall prescribe rules for the apportionment of the sums among those centres.

1997, c. 53, s. 35; 1997, c. 93, s. 109; 1997, c. 91, s. 50; 1998, c. 31, s. 76.

96.0.2. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the Community may, by by-law, give or lend money to an investment fund intended to provide financial support to enterprises in the start-up or development phase that are situated in its territory.

The fund must be administered by a non-profit organization established for that purpose and accredited by the Minister.

The by-law must indicate the maximum contribution, not exceeding $1,000,000, that the Community may make to the fund.

1996, c. 52, s. 60.

96.0.3. The Community may, for the purpose of improving the air quality in its territory or conserving or protecting its resources, pass by-laws promoting the eradication of ragweed, the reduction of the gull population or the treatment of Dutch elm disease or implementing any other environmental protection or resource conservation program.

For such purposes, the Community may found and maintain bodies in its territory whose objects are environmental protection and resource conservation, assist in the creation and maintenance of such bodies and entrust to them the organization and management of activities relating to those objects.

1996, c. 52, s. 60.

96.1. The Government or one of its minister or agencies may delegate non-discretionary powers to the Community.

The Community may accept such delegation and exercise such powers.

1982, c. 63, s. 170.

96.1.1. The Minister of Agriculture, Fisheries and Food may enter into an agreement with the Community, or with the Community and any municipality designated by the Government, respecting the administration within the territory of the Community and of any municipality that is a party to the agreement, of the provisions of Acts, regulations or orders respecting the inspection of food that are under the administration of the Minister.

Where the Community is a party to such an agreement, its territory is deemed, for the purposes of this section, section 96.1.2 and any similar provision of another Act, to have subtracted from it the territory of any municipality that is a party to the same agreement or to another agreement that is in force and that pertains to the administration of one, several or all of the same provisions. In such a case,

(1)  only the representatives of the other municipalities on the Council of the Community may take part in the discussions and vote relating to the agreement to which the Community is a party; for such purpose, the majority of those representatives constitutes the quorum, each representative has one vote and all decisions are made by a majority of the votes cast;

(2)  only the other municipalities shall contribute towards the payment of the expenses of the Community arising from the agreement to which the Community is a party.

If one of the parties to the agreement is charged with the administration of provisions in all or part of the territory of another party, that competence does not extend to the institution of penal proceedings for an offence under such a provision that is committed in the territory of that other party.

1996, c. 77, s. 43.

96.1.2. The Community or any municipality that is a party to an agreement under section 96.1.1 may, unless the agreement provides otherwise, institute penal proceedings for an offence committed in its territory under a provision covered by the agreement.

The fine shall belong to the Community or to the municipality if it instituted the proceedings.

Proceedings referred to in the first paragraph may be instituted in any municipal court having jurisdiction over the territory in which the offence was committed. The costs relating to proceedings brought before a municipal court shall belong to the municipality responsible for the court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1) and the costs paid to the defendant under article 223 of that Code.

1996, c. 77, s. 43.

96.2. The municipalities which enter into an agreement may provide therein, with the consent of the Community, that the latter will act as an intermunicipal committee or an intermunicipal management board, as the case may be.

A certified true copy of the resolution under which the Community agrees to act as an intermunicipal management board is added to the copies of the resolutions under which the municipalities authorize the making of the agreement, when such copies are transmitted to the Minister with the agreement for his approval.

If the agreement comes into force, the Community has the powers and obligations of an intermunicipal committee or of an intermunicipal management board, as the case may be.

1982, c. 63, s. 170; 1983, c. 57, s. 97; 1996, c. 27, s. 136.

96.3. The Community and a municipality may enter into an agreement, in accordance with the law governing the latter, in which the Community undertakes to supply the municipality with a service or receives from the latter a delegation of jurisdiction.

In such a case, the Community is deemed to be a municipality for the purposes of the provisions of the said Act concerning intermunicipal agreements on the supply of services or the delegation of jurisdiction.

1982, c. 63, s. 170; 1996, c. 2, s. 552.

96.4. Except for the passing of a resolution under which the Community agrees to act as an intermunicipal committee or an intermunicipal management board, as the case may be, or of a resolution authorizing the making of an agreement under section 96.3, only the representatives of the municipalities that are parties to the agreement are entitled to vote in the Council on any matter relating to the carrying out of the agreement.

The rules regarding the division of the votes among such representatives and the other rules on the decision to be taken by the Council are provided in the agreement.

1982, c. 63, s. 170; 1983, c. 57, s. 98; 1996, c. 27, s. 137.

§ 1 . —

Repealed, 1983, c. 57, s. 99.

1983, c. 57, s. 99.

97. (Repealed).

1969, c. 83, s. 109; 1983, c. 57, s. 99.

98. (Repealed).

1969, c. 83, s. 311; 1983, c. 57, s. 99.

99. The Community may make by-laws to take a census of the inhabitants of its territory in order to ascertain their number and to obtain statistics respecting their age and their social and economic condition.

1969, c. 83, s. 141.

§ 2 . —

Repealed, 1982, c. 63, s. 171.

1982, c. 63, s. 171.

100. (Repealed).

1969, c. 83, s. 142; 1978, c. 103, s. 23; 1982, c. 63, s. 171.

101. (Repealed).

1978, c. 103, s. 24; 1982, c. 63, s. 171.

102. (Repealed).

1978, c. 103, s. 24; 1982, c. 63, s. 171.

103. (Repealed).

1978, c. 103, s. 24; 1982, c. 63, s. 171.

104. (Repealed).

1978, c. 103, s. 24; 1982, c. 63, s. 171.

105. (Repealed).

1969, c. 83, s. 143; 1972, c. 71, s. 10; 1982, c. 63, s. 171.

106. (Repealed).

1978, c. 103, s. 25; 1982, c. 63, s. 171.

107. (Repealed).

1978, c. 103, s. 25; 1982, c. 63, s. 171.

108. (Repealed).

1978, c. 103, s. 25; 1982, c. 63, s. 171.

109. (Repealed).

1978, c. 103, s. 25; 1982, c. 63, s. 171.

110. (Repealed).

1978, c. 103, s. 25; 1982, c. 63, s. 171.

111. (Repealed).

1978, c. 103, s. 25; 1982, c. 63, s. 171.

112. (Repealed).

1978, c. 103, s. 25 (part); 1982, c. 63, s. 171.

113. (Repealed).

1978, c. 103, s. 25; 1982, c. 63, s. 171.

§ 3 . — Billing and sending of tax accounts

114. The Community shall establish the collection rolls and the tax bills for the municipalities whose territory is comprised in its territory and shall send the tax bills.

However, all judicial proceedings for the recovery of taxes shall be instituted by the municipalities concerned.

1969, c. 83, s. 145; 1971, c. 88, s. 21; 1983, c. 57, s. 100; 1996, c. 52, s. 61.

115. The Government, upon such conditions as it determines, may compel any school board whose territory is wholly or partly comprised in the territory of the Community to entrust to the latter the billing and sending of its tax accounts.

1969, c. 83, s. 146.

§ 4 . —

Repealed, 1988, c. 33, s. 2.

1984, c. 10, s. 15; 1988, c. 33, s. 2.

116. (Repealed).

1969, c. 83, s. 148; 1971, c. 88, s. 23; 1984, c. 10, s. 15; 1988, c. 33, s. 2.

117. (Repealed).

1969, c. 83, s. 149; 1971, c. 88, s. 24; 1972, c. 71, s. 11 (part); 1977, c. 5, s. 14; 1978, c. 103, s. 29; 1979, c. 77, s. 27; 1982, c. 63, s. 172; 1984, c. 10, s. 15; 1988, c. 33, s. 2.

117.1. (Repealed).

1984, c. 10, s. 15; 1988, c. 33, s. 3.

118. (Repealed).

1969, c. 83, s. 150; 1971, c. 88, s. 25; 1978, c. 103, s. 30; 1983, c. 57, s. 101; 1988, c. 33, s. 4.

119. (Repealed).

1969, c. 83, s. 151; 1988, c. 33, s. 4.

120. (Repealed).

1969, c. 83, s. 152; 1972, c. 71, s. 12; 1977, c. 5, s. 14; 1988, c. 33, s. 5.

120.1. (Repealed).

1980, c. 34, s. 61; 1988, c. 33, s. 5.

§ 5 . — Tourist promotion and hospitality

1996, c. 52, s. 62.

121. The Community has jurisdiction to promote tourism and provide for tourist hospitality in its territory.

The Community may reach an agreement with any person or body whereby it entrusts to or shares with such person or body the exercise of the competence provided for in the first paragraph or of any aspect thereof. Where the person or body has jurisdiction in a territory other than that of the Community, the latter may, in carrying out the agreement, also promote tourism and tourist hospitality in that other territory.

1969, c. 83, s. 153; 1978, c. 103, s. 31; 1993, c. 67, s. 43; 1996, c. 52, s. 63; 1999, c. 40, s. 69.

§ 6 . — Traffic

122. The Community, by by-law, subject to the provisions of the Highway Safety Code (chapter C-24.2), may:

(1)  determine the main traffic thoroughfares and intermunicipal streets in its territory;

(2)  regulate or interrupt traffic in such intermunicipal streets and main traffic thoroughfares and the roads which give access thereto;

(3)  prescribe the signals to be used to give warning of the carrying out of works on such intermunicipal streets and main traffic thoroughfares;

(4)  regulate or prohibit the parking or temporary stopping of vehicles on such intermunicipal streets and main traffic thoroughfares;

(5)  order that such intermunicipal streets and main traffic thoroughfares be one way at all times or during certain periods;

(6)  regulate the speed of vehicles on such intermunicipal streets and main traffic thoroughfares;

(7)  prescribe a uniform type of highway signal to be used by all the municipalities in its territory;

(8)  determine minimum standards for snow removal and winter maintenance on such main traffic thoroughfares and intermunicipal streets.

1969, c. 83, s. 154; 1981, c. 7, s. 536; 1986, c. 91, s. 655.

123. The Community may prepare a draft uniform traffic by-law which shall not be binding in the territory of a municipality unless such municipality adopts it as its traffic by-law.

1969, c. 83, s. 155.

§ 7 . —

Repealed, 1982, c. 63, s. 173.

1982, c. 63, s. 173.

124. (Repealed).

1969, c. 83, s. 156; 1982, c. 63, s. 173.

125. (Repealed).

1969, c. 83, s. 157; 1982, c. 63, s. 173.

§ 8 . — Water purification and drinking water supply

1992, c. 14, s. 3.

125.0.1. The powers and obligations provided for in this subdivision with respect to the drinking water supply apply from the coming into force of a by-law passed under section 95 under which the Community orders that it has competence in that matter.

1996, c. 52, s. 64.

125.1. In this subdivision, the expression “purification works” means a sewer, a sewer system, a pumping station, a purification station or any other works used to collect, receive, carry, treat or drain waste water or substances compatible with the purification processes of the Community.

1992, c. 14, s. 3.

126. The Community, by by-law, may establish minimum standards for all of its territory respecting the methods of carrying out all work respecting waterworks and the construction of water treatment plants or works, and the materials used in the carrying out of such work. Such by-laws are binding upon all the municipalities in its territory; they shall not come into force except upon the approval of the Minister of the Environment.

1969, c. 83, s. 158; 1978, c. 103, s. 33; 1979, c. 49, s. 35; 1992, c. 14, s. 4; 1994, c. 17, s. 38; 1999, c. 36, s. 158.

127. Each municipality whose territory is comprised in that of the Community shall submit to the Community for approval any project for the construction, enlargement or alteration of a waterworks system, purification works and water treatment plants or works, before passing the resolution or the by-law necessary for implementing such project.

Within 30 days after receiving such application, the Community shall determine whether such project is of a purely local nature or has any intermunicipal repercussions.

If the Community decides that the project has intermunicipal repercussions, it may, by resolution, subject to the approval of the Minister of the Environment, may order such alterations as it deems expedient to the plans and specifications of the proposed works and authorize the municipality to carry out such works. Failing an agreement between the Community and the municipalities concerned respecting the apportionment of the cost of the works, such apportionment shall be fixed by the Minister of the Environment upon the request of the Community or an interested municipality.

1969, c. 83, s. 159; 1972, c. 71, s. 13; 1972, c. 49, s. 145; 1977, c. 5, s. 14; 1978, c. 103, s. 34; 1979, c. 49, s. 33; 1982, c. 2, s. 103; 1988, c. 49, s. 51; 1992, c. 14, s. 5; 1993, c. 67, s. 44; 1994, c. 17, s. 38; 1996, c. 2, s. 554; 1999, c. 36, s. 158.

128. The Minister of the Environment, as regards waterworks, or work relating to purification works or water treatment plants or works, shall not exercise as regards any municipality in the territory of the Community the powers contemplated in sections 29, 32, 34, 35, 41 and 43 of the Environment Quality Act (chapter Q‐2), without calling upon the Community to make the representations it considers appropriate, unless it has filed its written consent.

When exercising the powers provided for in section 35 of the Environment Quality Act, the Minister shall order the execution of intermunicipal works by the municipalities he designates unless the Community has informed him that it agrees to carry out such works. In the latter case, he shall not order the execution thereof except by the Community. He shall not establish the apportionment of the cost of the works and the maintenance and operating costs thereof, determine the method of payment or fix the indemnity, periodic or otherwise, payable by the municipalities in the territory of the Community for the use of the works or services provided, before calling upon the Community to make its representations on this matter.

1969, c. 83, s. 160; 1972, c. 49, s. 147; 1978, c. 103, s. 35; 1979, c. 49, s. 33, s. 35; 1982, c. 2, s. 104; 1988, c. 49, s. 52; 1992, c. 14, s. 6; 1993, c. 67, s. 45; 1994, c. 17, s. 38; 1999, c. 36, s. 158.

129. Subject to the Environment Quality Act (chapter Q-2), the Community, by by-law, may order the carrying out, even outside its territory, of all work for the construction of water treatment plants or works and of water mains and purification works intended to serve the territories of two or more municipalities comprised in its territory.

The cost of the works contemplated in the first paragraph shall be apportioned by the Community among the municipalities in its territory in proportion to the fiscal potential of each, within the meaning of section 261.5 of the Act respecting municipal taxation (chapter F-2.1).

However, the Community may, by by-law, order that the expenses relating to the work referred to in the first paragraph and the expenses arising from the operation and maintenance of the drinking water supply system or waste water purification works be apportioned among the municipalities in proportion to the volume of water consumed by each of them, respectively, as regards expenses relating to drinking water supply, and in proportion to the volume of water discharged by each of them, respectively, as regards expenses relating to water purification.

1969, c. 83, s. 161; 1972, c. 49, s. 149; 1978, c. 103, s. 36; 1979, c. 72, s. 403; 1980, c. 34, s. 62; 1983, c. 57, s. 102; 1986, c. 38, s. 2; 1988, c. 58, s. 5; 1991, c. 29, s. 9; 1991, c. 32, s. 201; 1992, c. 14, s. 7; 1993, c. 67, s. 46; 1996, c. 2, s. 555.

130. The Community, by by-law, may acquire the ownership of any water treatment works or plant or any water main or purification works owned by a municipality in its territory and serving or capable of serving two or more such municipalities.

No acquisition contemplated in the first paragraph may be made except with the prior approval of the Minister of the Environment, on the conditions he determines.

1969, c. 83, s. 162; 1972, c. 49, s. 151; 1978, c. 103, s. 37; 1979, c. 49, s. 35; 1984, c. 38, s. 122; 1987, c. 108, s. 19; 1992, c. 14, s. 8; 1994, c. 17, s. 38; 1996, c. 2, s. 556; 1999, c. 36, s. 158.

131. Whenever a municipality some of whose works, plants or mains are acquired by the Community has bound itself contractually with another municipality to supply the territory of such other municipality with drinking water or to receive used water from that territory and such works, plants or mains acquired by the Community were necessary for the carrying out of such contract, the Community shall be substituted for such municipality in all the rights and obligations of such municipality resulting from such contract.

1969, c. 83, s. 163; 1978, c. 103, s. 38; 1992, c. 14, s. 9; 1996, c. 2, s. 557.

132. When all the plants or works of a municipality in the territory of the Community are acquired by the Community, such municipality no longer has power to establish such works or plants.

This act does not have the effect of restricting the power of a municipality to distribute to its ratepayers drinking water supplied to it by the Community or to receive used water from its ratepayers in order to convey such water to the works of the Community.

1969, c. 83, s. 164; 1978, c. 103, s. 39; 1992, c. 14, s. 10.

133. The Community shall not supply drinking-water directly to persons other than a municipality without the consent of the municipality concerned.

1969, c. 83, s. 165; 1978, c. 103, s. 40.

134. The Community shall not receive used water or sludge from septic tanks for treatment purposes directly from persons other than a municipality without the consent of the municipality concerned.

1969, c. 83, s. 166; 1978, c. 103, s. 41; 1992, c. 14, s. 11.

135. From the coming into force of the by-laws made under section 130, no municipality which receives water from the Community shall supply water in the territory of any other municipality without the consent of the Community, and no municipality shall receive used water for treatment purposes from any such territory, without the consent of the Community.

Nothing in the first paragraph shall be construed as preventing any municipality from supplying water in, or receiving used water from, the territory of any other municipality under contracts made before the date mentioned in the first paragraph if the works, plants or mains necessary to do so have not been acquired by the Community.

1969, c. 83, s. 167; 1978, c. 103, s. 42; 1992, c. 14, s. 12; 1996, c. 2, s. 558; 1999, c. 40, s. 69.

136. The Community may pass by-laws to

(a)  supply drinking water in the territories of the municipalities;

(b)  maintain, manage and operate its drinking water treatment plants or works and its water mains;

(c)  (subparagraph repealed);

(d)  determine the conditions for any connection to its waterworks;

(e)  rent meters, if necessary.

The by-laws made under the first paragraph require the approval of the Minister of the Environment.

1969, c. 83, s. 168; 1972, c. 49, s. 153; 1978, c. 103, s. 43; 1979, c. 49, s. 35; 1987, c. 108, s. 20; 1992, c. 14, s. 13; 1994, c. 17, s. 38; 1995, c. 71, s. 67; 1996, c. 2, s. 559; 1999, c. 36, s. 158.

136.1. The Community may, by by-law,

(1)  define and classify waste water and the other substances discharged into a purification works;

(2)  determine standards for the construction, maintenance or operation of purification works, including standards relating to the materials used, and standards relating to the methods to be used for the carrying out of purification works;

(3)  regulate or prohibit the discharge of waste water or of any substance it determines into a purification works or watercourse; for such purpose, establish categories of contaminants or sources of contamination and determine, as regards contaminants, the quantity or maximum concentration authorized in waste water or in substances discharged into a purification works or watercourse;

(4)  determine the method for computing the quantity of waste water or substances discharged into a purification works; prescribe the use of meters and establish conditions for connection to the purification works of the Community;

(5)  (paragraph repealed);

(6)  require any person or class of persons that discharges waste water or other substances of a category it determines into a purification works, to hold a permit issued by the Community; exempt from such obligation any person or class of persons it determines;

(7)  determine the qualifications required of a person applying for a permit, the conditions of issue and renewal of the permit, the information and documents he must provide and the cases of suspension or revocation of the permit.

1992, c. 14, s. 14; 1995, c. 71, s. 68.

136.2. A by-law passed under section 136.1 requires the approval of the Minister of the Environment.

1992, c. 14, s. 14; 1994, c. 17, s. 38; 1999, c. 36, s. 158.

136.3. (Repealed).

1992, c. 14, s. 14; 1994, c. 17, s. 38; 1995, c. 71, s. 69.

136.4. The Community may require a person who discharges waste water or other substances into a purification works or watercourse in contravention of a by-law passed under section 136.1 to carry out, at his own expense, the work required to clean or repair, as the case may be, the purification works or to eliminate the harmful or hazardous substances he has unlawfully discharged into the watercourse, or to reimburse the Community for the costs incurred by it for such work.

1992, c. 14, s. 14.

136.5. The Community may

(1)  require that any person discharging waste water or substances into a purification works comply with all or some of the following conditions:

(a)  the construction of a man-hole in conformity with the requirements prescribed by the Community, to allow the inspection, sampling, measuring and registration of the quality and flow of the discharged waste water and substances;

(b)  the installation and maintenance in good repair of appropriate equipment for the sampling, analysis, measuring and registration of the quality and flow of the discharged water or substances, in accordance with the methods prescribed by the Community;

(c)  the installation and maintenance in good repair of equipment for the treatment or pre-treatment of waste water or substances to be discharged in order to regularize the flow of the discharged waste water or substances or to bring it into conformity with the prescriptions of a by-law passed under section 136.1;

(d)  the presentation, for approval, of the plans relating to the installation of the equipment referred to in subparagraph a, b or c, and the procedures for the use of such equipment;

(e)  the maintenance of the discharged waste water and substances within an average or maximum concentration or mass of discharged pollutants according to the class of pollutants;

(f)  the presentation of periodic discharge reports indicating the volume and the qualitative and quantitative characteristics of the discharged waste water and substances;

(2)  determine the schedule of execution of the work required

(a)   for the issue, renewal or maintenance of a permit;

(b)  for the prevention or cessation of an offence or a nuisance.

1992, c. 14, s. 14.

136.6. The Community may prescribe the apparatus and methods whose use is recognized for the purposes of an analysis, sampling or computation of concentration.

The Community may also fix the duration of a sampling program and of a program for measuring the waste water flow, determine the analysis parameters and require the permit holder to carry out the measuring, sampling or analyses and to provide it with the results thereof. The Community may carry out such measuring, sampling or analyses at the person’s own expense if the latter fails to provide it with results which it considers satisfactory.

1992, c. 14, s. 14; 1995, c. 71, s. 70.

136.7. The Community may require a person to take the necessary measures to prevent the discharge into a purification works or watercourse of a substance harmful to humans or to the works or watercourse, and to submit the plans of the required work as well as the operation procedures for approval.

The Community may also require a person to notify it in the event of an accidental discharge.

1992, c. 14, s. 14.

136.8. The Community may, by by-law, delegate all or part of the powers conferred on it by sections 136.4 to 136.7 to the head of a department.

1992, c. 14, s. 14; 1993, c. 67, s. 47.

136.9. (Repealed).

1992, c. 14, s. 14; 1993, c. 67, s. 48.

136.10. Any decision of the Community or, in the case of a delegation, any decision of the executive committee or of the head of a department made under sections 136.4 to 136.7 may be contested before the Administrative Tribunal of Québec. Division XI of Chapter I of the Environment Quality Act (chapter Q-2), adapted as required, applies to the proceeding.

1992, c. 14, s. 14; 1995, c. 71, s. 71; 1997, c. 43, s. 198.

136.11. In the exercise of their duties, the officers and employees of the Community charged with the application of the by-laws passed under section 136.1 may enter, at any reasonable time,

(1)  any premises where there is or may be any substance, apparatus, machine, works or installation subject to such by-laws;

(2)  any premises where an activity that is subject to such by-laws is or may be carried on.

Such officers or employees may examine the substances, apparatus, machines, works or installations; they may also require the production of the books, registers and documents relating to the matters to which such by-laws apply; they may also require any other information they consider necessary or useful. A person must comply with such requirements.

1992, c. 14, s. 14; 1995, c. 71, s. 72.

136.12. No person may hinder an officer or employee referred to in section 136.11 in the exercise of his duties particularly by misleading him or attempting to mislead him by concealment or by misrepresentation.

Such officer or employee shall, if so required, identify himself and produce a certificate, signed by the head of the department concerned, attesting his authority.

1992, c. 14, s. 14.

136.13. The Community may, by by-law, prescribe that the infringement of a by-law passed in accordance with section 136.1 or of section 136.11 or 136.12, or the failure to comply with a prohibition, condition or requirement established in accordance with section 136.4, 136.5, 136.6 or 136.7 shall entail as a penalty,

(1)  for a first offence, a minimum fine of not more than $25 000 and a maximum fine of not more than $500 000, imprisonment for not more than 18 months notwithstanding article 231 of the Code of Penal Procedure (chapter C-25.1), or both penalties together;

(2)  for a subsequent offence, a minimum fine of not more than $50 000 and a maximum fine of not more than $1 000 000, imprisonment for not more than 18 months notwithstanding article 231 of the Code of Penal Procedure, or both penalties together.

1992, c. 14, s. 14; 1995, c. 71, s. 73.

136.14. The Community is exempt from the obligation to give security when requesting an interlocutory injunction for the cessation of any infringement of a by-law passed under section 136.1 or of section 136.11 or 136.12.

1992, c. 14, s. 14; 1995, c. 71, s. 74.

137. The Community may receive for treatment purposes, from a person other than a municipality, waste water or sludge from septic tanks that originates in its territory or elsewhere.

Before making any contract for such purpose, the Community shall obtain the consent of the local municipality in whose territory the waste water or sludge originates.

1969, c. 83, s. 169; 1978, c. 103, s. 44; 1992, c. 14, s. 15; 1996, c. 2, s. 560; 1996, c. 52, s. 66.

137.1. The Community may sell the energy resulting from the operation of water purification works.

1996, c. 52, s. 67.

§ 9 . — Waste disposal and residual material upgrading

1992, c. 14, s. 16; 1996, c. 52, s. 68.

138. The Community may establish, possess and operate waste disposal sites within or without its territory, and regulate the use thereof, and sell the energy resulting from the operation of such sites.

From the time when such a waste disposal site is in operation, no municipality in the territory of the Community shall grant or renew a contract for waste collection unless the waste disposal method is approved by the Community.

Such municipalities may continue to operate, maintain and repair all the waste disposal sites already in operation or under construction on 1 January 1970. They shall not, however, without the authorization of the Community, allocate public funds to the enlargement of existing sites, or develop new ones.

The Community, by by-law, may compel the municipalities in its territory which possess waste disposal sites to make them available to other municipalities, upon payment of a compensation it fixes. The municipality which possesses the waste disposal site may, within 30 days, apply for a review of the compensation by the Commission municipale du Québec.

1969, c. 83, s. 170; 1971, c. 88, s. 26; 1977, c. 5, s. 14; 1992, c. 14, s. 17; 1996, c. 52, s. 69.

138.1. The Community may, within or outside its territory,

(1)  establish, own and operate

(a)  a plant for the upgrading of residual material, in particular by recovery, reuse, recycling, composting and reclamation;

(b)  a site for the disposal of residue from the operation of such a plant and of waste in the possession of the Community for such operation, which cannot be used for that purpose;

(c)  a site for the disposal of residue from the operation of any waste water purification plant of the Community;

(d)  a site for burying sludge from septic installations;

(2)  regulate the use of a plant or site referred to in paragraph 1.

1992, c. 14, s. 18; 1996, c. 52, s. 70.

138.2. The Community may, by by-law, order that the operating and maintenance expenses and the expenses resulting from the payment of interest and amortization of loans for a residual material upgrading plant or a waste disposal site and for a site for burying sludge from septic installations be apportioned among the municipalities using such sites in proportion to the weight of the residual material, waste or sludge from the territory of each of the municipalities.

The expenses referred to in the first paragraph relating to each plant or site may be apportioned separately.

1992, c. 14, s. 18; 1996, c. 2, s. 561; 1996, c. 52, s. 71.

138.3. The Community may enter into a contract under which it entrusts a person operating a waste disposal site with the disposal of waste coming from its territory.

1992, c. 14, s. 18; 1996, c. 2, s. 562.

138.4. The Community may, by by-law, prescribe rules relating to the transport of waste or residual material between the site where it is removed and the disposal site or the upgrading plant.

It may also, by by-law,

(1)  require that any person who so transports waste be the holder of a permit for such purpose;

(2)  prescribe the conditions and procedures of issue and renewal of the permit as well as the conditions and procedures of suspension or revocation;

(3)  in the cases it determines, require that any person whose waste or residual material is transported furnish a bill of lading to the person who transports it and require that the latter keep the bill of lading in his possession during transportation; require that each of these persons keep a register of all bills of lading furnished or received, as the case may be;

(4)  establish classes of waste or residual material;

(5)  determine, among the classes of residual material, those which may be upgraded or disposed of;

(6)  prescribe procedures for the separation and conditioning of waste or residual material for the purposes of removal, selective collection or upgrading;

(7)  determine the management method for residue from residual material upgrading activities.

The Community may, by order, prescribe the form and minimum content of the bill of lading and register. The order shall be published and come into force in the same manner as a by-law and shall be deemed to form part of the by-law to which it relates.

1992, c. 14, s. 18; 1993, c. 67, s. 49; 1995, c. 71, s. 75; 1996, c. 52, s. 72.

138.5. From the time the Community begins to operate a residual material upgrading plant, no municipality whose territory is comprised in that of the Community may award a contract for the removal of material that may be upgraded unless the treatment method is approved by the Community.

1992, c. 14, s. 18; 1996, c. 2, s. 563; 1996, c. 52, s. 73.

139. Any work relating to waste disposal sites, residual material upgrading plants or sites for disposing of residue may, notwithstanding the third paragraph of section 92.0.2, be carried out by contract awarded at unit price, for a fixed price, on a cost plus basis or on any other basis authorized by the Minister.

1971, c. 88, s. 27; 1992, c. 14, s. 19; 1993, c. 67, s. 50; 1996, c. 52, s. 74.

140. The Community may, by means of a contract, grant a franchise to operate one or more of such waste disposal sites, residual material upgrading plants or sites for disposing of residue.

The contract shall be awarded in conformity with section 92; however, public tenders may be called for and the contract awarded otherwise than on the basis of a fixed price or a unit price, in which latter case, the contract must receive the prior authorization of the Minister.

1978, c. 103, s. 45; 1992, c. 14, s. 20; 1993, c. 67, s. 51; 1996, c. 52, s. 75.

140.1. In the exercise of their duties, the officers or employees of the Community charged with the application of the by-laws passed under section 138.4 may, at any reasonable time, enter sites where waste or residual material is removed, sites for disposing of waste or residue, or a residual material upgrading plant for the purpose of examining any substance, apparatus, machine, works or installation thereon or therein.

Such officers or employees may also require the production of the books, records and documents relating to the matters to which such by-laws apply and any other information they consider necessary or useful.

1996, c. 52, s. 76.

140.2. No person may hinder an officer or employee referred to in section 140.1 in the exercise of his duties, particularly by misleading him or attempting to mislead him by concealment or by misrepresentation.

Such officer or employee shall, if required, identify himself and produce a certificate, signed by the head of the department concerned, attesting his authority.

1996, c. 52, s. 76.

140.3. The Community may, by by-law, prescribe that the infringement of section 140.2 or of a by-law passed under the first paragraph or under any of subparagraphs 1, 3, 6 and 7 of the second paragraph of section 138.4 shall entail as a penalty a fine, and prescribe the minimum and maximum amounts of the fine, which may vary according to whether the offence is a first or subsequent offence.

The prescribed minimum and maximum amounts shall not exceed

(1)  in the case of an infringement of section 140.2, $300 and $500 respectively for a first offence and double those amounts for a subsequent offence;

(2)  in the case of an infringement of subparagraph 6 of the second paragraph of section 138.4, $100 and $1,000 respectively for a first offence and double those amounts for a subsequent offence;

(3)  in all other cases, $1,000 and $2,000 respectively for a first offence and double those amounts for a subsequent offence.

1996, c. 52, s. 76.

§ 10 . — Recreation and parks

141. The provisions of this subdivision which relate to the fields of parks, centres and other recreational facilities or to that of bicycle paths and lanes apply from the coming into force of a by-law passed under section 95 whereby the Community orders that it has competence in that field.

1969, c. 83, s. 171; 1978, c. 103, s. 46; 1993, c. 3, s. 133; 1996, c. 52, s. 77; 1998, c. 31, s. 77.

142. The Community may, by by-law, determine which parks, recreational centres and other recreational facilities not established by the Community are of a regional nature. In such a case, the Community is entrusted with the maintenance and operation of such parks, centres and facilities. For the purposes of this paragraph, the recreational centres and other recreational facilities referred to are those established by a municipality whose territory is comprised in that of the Community.

The Community may also, by by-law, establish parks, recreational centres and other recreational facilities that are of a regional nature.

For the purposes of this subdivision, a natural area or a corridor for recreational and sports activities is considered to be a park. However, a corridor to be used exclusively for the purposes referred to in section 144 is governed by that section and by section 144.1 rather than by the other provisions of this subdivision.

1969, c. 83, s. 172; 1978, c. 103, s. 47; 1993, c. 3, s. 134; 1996, c. 52, s. 77; 1999, c. 59, s. 32.

143. Any project for the establishment, by a municipality whose territory is comprised in that of the Community, of a park, a centre or other recreational facility must, prior to the passing of the resolution or by-law required to put it into operation, be submitted for the approval of the Community, with all the documents and studies on such subject in the possession of the municipality; the Community shall not refuse such approval except if it is of opinion that the project is of a regional nature; an appeal shall lie from such decision to the Commission municipale du Québec.

1969, c. 83, s. 173; 1978, c. 103, s. 48; 1993, c. 3, s. 135; 1993, c. 67, s. 52; 1996, c. 2, s. 564; 1996, c. 52, s. 78.

143.1. The Community may, by by-law, determine the location of a regional park, whether or not it is the owner of the right of way of the park.

Such a by-law is without effect as regards third persons as long as the Community is not the owner of the right of way or has not made an agreement with the owner of the right of way or, in the case of land in the domain of the State, with the person having authority over the land, allowing it to operate the park.

1993, c. 3, s. 136; 1996, c. 52, s. 79; 1999, c. 40, s. 69.

143.2. From the coming into force of the by-law provided for in section 143.1, the Community may make an agreement with any person holding the right of ownership or any other right in an immovable situated in the park concerned.

Such an agreement may provide

(1)  that the person retains his right for a certain period or with certain restrictions;

(2)  that the person grants the Community a right of preemption;

(3)  that the person agrees not to make improvements or changes to the immovable without the consent of the Community;

(4)  that the person agrees, in case of total or partial expropriation of his right, not to claim any indemnity by reason of an increase in the value of the immovable or right that could result from the establishment of the park or from improvements or changes made to the immovable.

The agreement may contain any other condition relating to the use of the immovable or right.

1993, c. 3, s. 136; 1993, c. 67, s. 53.

143.3. The Community may, by by-law, in respect of the park concerned,

(1)  establish rules governing the protection and preservation of the natural environment and its elements;

(2)  determine the extent to which and the purposes for which the public is to be admitted;

(3)  prescribe the conditions on which a person may stay, travel or engage in an activity in the park;

(4)  prohibit or regulate the carrying and transport of firearms;

(5)  prohibit or regulate the use or parking of vehicles;

(6)  prohibit the transport and possession of animals or prescribe the conditions with which a person having custody of an animal must comply;

(7)  prohibit or regulate posting;

(8)  establish rules for maintaining peace and order and for ensuring the cleanliness of the premises and the well-being and tranquility of users;

(9)  prohibit certain recreational activities or prescribe conditions governing participation in such activities;

(10)  prohibit or regulate the operation of businesses;

(11)  determine cases where a person may be kept out or expelled;

(12)  determine the powers and obligations of the employees.

1993, c. 3, s. 136; 1995, c. 71, s. 76.

143.4. The Community may operate accommodation, catering or commercial establishments, or parking lots, in the park concerned for the benefit of users, or cause such establishments to be operated.

Where the Community adopts, pursuant to paragraph 5 of section 143.3, a by-law relating to the parking of vehicles, paragraph 20 of section 412 of the Cities and Towns Act (chapter C-19) shall apply, taking into account any necessary changes, with respect to any infraction of the by-law.

1993, c. 3, s. 136; 1995, c. 71, s. 77.

143.5. The Community, a regional county municipality or a local municipality may make an agreement with respect to parks in accordance with the provisions of Section XXV of Chapter II of Title XIV of the Municipal Code of Québec (chapter C-27.1).

1993, c. 3, s. 136; 1996, c. 2, s. 565; 1996, c. 27, s. 138.

144. The Community may, by by-law, establish intermunicipal bicycle paths and lanes reserved for bicycle riding and regulate the use thereof.

For those purposes, it may order that the roadway of the streets mentioned in the by-law be reserved, in whole or in part, for bicycle traffic. In such a case, the by-law must be approved by the Minister of Transport.

The Community and any municipality in whose territory a bicycle path or lane is partly situated may reach an agreement for the laying out and maintenance of that part of the bicycle path or lane. A copy of that agreement, or, failing an agreement, a certificate of the secretary of the Community stating that no agreement has been reached, must be annexed to the by-law when it is sent to the Minister of Transport for approval.

The establishment of a bicycle path or lane under this section does not deprive a municipality of the power it may have to establish a similar path or lane on its territory.

The by-law respecting the use of a bicycle path may allow, in addition to bicycles, roller skates, roller blades, skateboards, ski-boards or any other similar mode of locomotion to be used thereon. The by-law may reserve the path for one or more of those modes of locomotion, exclusive of the others, or establish different rules for traffic on the path according to the mode of locomotion.

For the application of this section, the word “bicycle” does not include motor-cycles.

1978, c. 103, s. 49; 1996, c. 52, s. 80.

144.1. The Community may establish and maintain in its territory a non-profit body the object of which is to manage and maintain, in accordance with an agreement entered into with the Community, all or part of the paths or corridors considered to be a park under the third paragraph of section 142 or the bicycle paths and lanes referred to in section 144, or entrust, by agreement, all or part of that responsibility to any other non-profit body. The Community may grant such a body the funds necessary for the performance of the obligations arising from the agreement.

1999, c. 59, s. 33.

§ 11 . — Low-rental dwellings

145. From the coming into force of a by-law passed by the Community, under section 95, whereby the Community orders that it has competence over the construction of low-rental housing, the Community is a municipality for the purposes of the Act respecting the Société d’habitation du Québec (chapter S-8).

1969, c. 83, s. 174; 1978, c. 103, s. 50; 1998, c. 31, s. 78.

DIVISION VIII FINANCIAL PROVISIONS

146. The fiscal year of the Community shall begin on 1 January and end on 31 December each year.

1969, c. 83, s. 175.

147. The Community must prepare and adopt a budget each year.

1969, c. 83, s. 176; 1971, c. 88, s. 28; 1982, c. 63, s. 174.

147.1. Not later than the day the budget of the Community is submitted to the Council, the chairman shall report on the financial situation of the Community, at a meeting of the Council.

The chairman shall deal with the latest financial statements, the latest report of the auditor and the latest three-year fixed assets program, with preliminary instructions regarding the financial statements for the fiscal year preceding that for which the next budget is made, and with the general direction of the next budget and the next three-year fixed assets program.

The text of the chairman’s report is distributed free of charge to each address in the territory of the Community. In addition to or instead of the distribution, the Council may order that the text be published in a newspaper circulated in the territory.

1982, c. 63, s. 175; 1984, c. 32, s. 21; 1993, c. 67, s. 54.

147.2. The secretary shall give public notice of the meeting at which the budget or the three-year fixed assets program must be submitted to the Council, not later than eight days before it takes place.

At that meeting, the deliberations of the Council and the question period deal exclusively with the budget or the three-year program.

1982, c. 63, s. 175.

147.3. The adopted budget or three-year program, or any explanatory document therefor, is distributed free of charge to each address in the territory of the Community. In addition to or instead of the distribution, the Council may order that the budget, the three year program or the explanatory document be published in a newspaper circulated in the territory.

1982, c. 63, s. 175.

148. Not later than 15 September each year, the treasurer shall determine in a certificate the appropriations he considers necessary for the next fiscal year for the expenditures incurred in respect of the interest on securities issued or to be issued by the Community, for repayment or redemption of such securities and for the requirements of their sinking funds and any other charge related to the debt of the Community except, however, the amounts required in principal, interest and accessories in relation to the issue of treasury bills, loans contracted in anticipation of revenue and renewable loans falling due during the fiscal year covered by the budget. The treasurer shall also determine in such certificate the appropriations necessary, during the next fiscal year, to assume the obligations contracted by the Community during previous fiscal years. The treasurer may amend the certificate until 31 December preceding the fiscal year to which it applies if the appropriations mentioned therein have not been adopted by the Council. The treasurer shall file the amendment in the office of the secretary. The secretary shall notify the Council thereof at the first meeting held after the filing.

The treasurer shall also include in the certificate contemplated in the first paragraph the appropriations necessary, during the next fiscal year, to assume the obligations of the Community arising from collective agreements or from its by-laws, or arising under legislative or regulatory provisions adopted by the Gouvernement du Québec or the Government of Canada or one of its ministers or bodies.

The amounts shown in the certificate shall be included in the budget of the Community for the fiscal year covered by the budget.

The budget shall also appropriate an amount of at least 1.5% of the expenses of the Community to cover expenditures not provided for in the budget, the settlement of claims and the payment entailed by court sentences.

The first four paragraphs apply, adapted as required, in respect of the budget of the Société. However, in such case, the treasurer referred to in the first two paragraphs is the treasurer of the Société.

1969, c. 83, s. 177; 1971, c. 88, s. 72; 1982, c. 63, s. 176; 1993, c. 67, s. 55; 1996, c. 52, s. 81; 1999, c. 90, s. 18.

148.1. The draft budgets of the Community and the Société must be filed in the office of the secretary of the Community not later than 1 October of the fiscal year preceding the fiscal year covered by the budgets.

Not later than the following 15 October, the secretary shall transmit, to every municipality listed in Schedule A and to every representative of such municipality on the Council, a copy of the draft budget of the Community, and to every municipality listed in Schedule B and to every representative of such municipality on the Council, a copy of the draft budget of the Société.

The secretary shall include with every copy of the budget a copy of any opinion by the executive committee, or any report by a select or special committee relating to the budget.

1993, c. 67, s. 56.

149. The draft budgets of the Community and the Société shall be submitted to the Council not later than 15 November at a special meeting called for such purpose.

Such meeting shall be adjourned as often as necessary and shall not be closed until the budgets have been adopted. If there is not a quorum, the meeting shall be automatically adjourned to 8:00 p.m. on the following juridical day.

The Council may, on its own motion, amend the budgets.

The Council is not bound to adopt simultaneously all the appropriations of the budget and thus may adopt every appropriation separately.

The Council may also, before 1 January, adopt temporarily, for a period of three months, one-quarter of every appropriation provided for in the budget. The same applies before each period beginning 1 April, 1 July and 1 October. The Council may thus adopt at the same time.

(1)  three-quarters of every appropriation, if it does so before 1 April, and

(2)  two-quarters of every appropriation, if it does so before 1 July.

If, on 1 January, the budget of the Community or of the Société has not been adopted, one-quarter of each of the appropriations provided for in the budget of the preceding fiscal year, with the exception of those mentioned in the seventh paragraph, is deemed adopted and shall come into force. The same applies on 1 April, 1 July and 1 October if on each of those dates the budget has not been adopted.

The presumption of adoption and the coming into force provided for in the sixth paragraph do not apply to the appropriations provided for in the budget for the preceding fiscal year, which correspond

(1)  to those mentioned in the certificate of the treasurer contemplated in section 148;

(2)  to those then adopted separately under the fourth paragraph; and

(3)  to those one-quarter of which has then been adopted under the fifth paragraph for the same period of three months.

In the hypothesis mentioned in the sixth paragraph, the appropriations mentioned in the certificate of the treasurer contemplated in section 148 and included in the budget that is being studied are deemed to be adopted on 1 January and shall then come into force.

The adoption, after 1 January, of the budget or one of its appropriations in accordance with the fourth paragraph is retroactive to that date. The same rule applies to the by-laws and resolutions arising therefrom.

A certified copy of the budget of the Community and of the Société shall be transmitted to the Minister within 30 days of its adoption. A certified copy of the budget of the Société shall also be transmitted, within the same time, to the Minister of Transport.

1969, c. 83, s. 178; 1971, c. 88, s. 73; 1977, c. 5, s. 14; 1978, c. 103, s. 51; 1982, c. 63, s. 176; 1984, c. 38, s. 123; 1993, c. 67, s. 57.

150. The head of each department shall be responsible for the management of the budget of his department, according to the provisions of this Act, under the supervision of the Council.

The Council must authorize the payment of any amounts owed by the Community.

1969, c. 83, s. 179; 1993, c. 67, s. 58.

151. During a fiscal year, the Community may adopt any supplementary budget which it deems necessary.

The supplementary budget is prepared, deposited and forwarded according to the rules applicable to the annual budget, with the necessary modifications. A copy of the budget must be sent to the municipalities and the members of the Council not less than 15 days before it is submitted to the Council.

The supplementary budget is submitted to the Council at a special meeting called for that purpose. Such meeting may close without the budget’s being adopted.

The Council may, on its own motion, amend the supplementary budget.

If the supplementary budget is not adopted within 15 days from the day it is submitted, the appropriations mentioned in the certificate of the treasurer contemplated in section 148 and included in the budget are deemed to be adopted and shall come into force on the expiry of that period.

1969, c. 83, s. 180; 1971, c. 88, s. 29; 1977, c. 5, s. 14; 1982, c. 63, s. 177; 1999, c. 40, s. 69.

152. Any transfer of appropriations within the budget requires the approval of the Council.

1969, c. 83, s. 181; 1993, c. 67, s. 60.

153. No by-law or resolution providing for an expenditure shall have effect without a certificate by the treasurer attesting that there are sufficient appropriations for the purposes for which the expenditure is proposed.

Where the proposed expenditure covers several fiscal years, a separate certificate attesting to the available appropriations must be issued in each fiscal year.

The first two paragraphs do not apply to a by-law or resolution that affects to the proposed expenditure an amount of money from a source other than the general fund.

1969, c. 83, s. 182; 1993, c. 67, s. 61; 1999, c. 90, s. 19.

153.1. The Council may, by by-law, delegate to the chairman of the Community or to an officer or employee thereof, on the conditions the Council determines, the power to authorize or pay expenditures and to enter into contracts on behalf of the Community.

The by-law must, in particular, indicate the field of competence to which the delegation applies, the maximum amount of the expenditures that the chairman or the officer or employee may authorize or pay and the other conditions to which the delegation is subject.

Neither the chairman nor the officer or employee may authorize an expenditure that entails a financial commitment by the Community for a period extending beyond the current fiscal year. For the purposes of section 153, the authorization is considered a resolution providing for the expenditure.

If, for the purposes of section 92.0.2, the authorization of the Minister must be obtained to allow the chairman, officer or employee to award a contract to a person other than the person who submitted the lowest tender, the authorization must be applied for by the Council.

1993, c. 67, s. 62; 1996, c. 27, s. 139; 1996, c. 52, s. 82; 1999, c. 40, s. 69.

154. The funds appropriated by a budget during a fiscal year for specified work shall remain available during the ensuing fiscal year for the carrying out of such work, whether it has commenced or not.

1969, c. 83, s. 183.

155. During a fiscal year, the Community on report of the treasurer may appropriate any estimated budget surplus for the current fiscal year or any budget surplus for the preceding fiscal year to expenditures for that fiscal year or for a subsequent fiscal year it shall determine.

The appropriation of a surplus to expenditures for a fiscal year amends the budget for that fiscal year accordingly.

Any surplus not appropriated to a specific purpose or any deficit for a fiscal year shall be entered in the revenues or expenditures for the fiscal year following that in which the auditor makes his report for the first mentioned fiscal year.

1969, c. 83, s. 184; 1993, c. 67, s. 63; 1999, c. 90, s. 20.

156. The treasurer shall be personally responsible for all moneys which he pays and which, to his knowledge, exceed the amount appropriated for such purpose.

1969, c. 83, s. 185.

157. The payment of the expenses of the Community, including payment of interest on and amortization of its loans, shall be guaranteed by its general fund.

1969, c. 83, s. 187.

157.1. The expenses of the Community, except those relating to a service governed by a special tariff and those the apportionment of which is otherwise provided for by law, shall be apportioned among the municipalities listed in Schedule A according to their respective fiscal potentials, within the meaning of section 261.5 of the Act respecting municipal taxation (chapter F-2.1).

1991, c. 32, s. 202.

157.2. The Council shall prescribe, by by-law, the terms and conditions for determining the aliquot shares of the expenses of the Community and payment thereof by the municipalities.

The by-law may, in particular, prescribe, for every situation provided for in section 149 or 151,

(1)  the date on which the data used to establish provisionally or finally the basis of apportionment of the expenses of the Community are to be considered;

(2)  the time limit for determining each aliquot share and for informing each municipality of it;

(3)  the obligation of a municipality to pay its aliquot share in a single payment or its right to pay it in a certain number of instalments;

(4)  the time limit within which each instalment must be paid;

(5)  the rate of interest payable on an outstanding instalment;

(6)  the adjustments that may result from the deferred coming into force of all or part of the budget of the Community or from the successive use of provisional and final data in determining the basis of apportionment of the expenses of the Community.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the Council when the budget of the Community is adopted.

The Council may, in the by-law, order that the rate it fixes in the by-law or in the resolution referred to in the third paragraph apply to any sum owing to the Community that is payable or that subsequently becomes payable.

1991, c. 32, s. 202; 1993, c. 67, s. 64.

157.3. Subject to the regulation of the Government made under paragraph 8.2 of section 262 of the Act respecting municipal taxation (chapter F-2.1), the Community may, by by-law, provide that all or part of the property, services or activities of the Community shall be financed by means of a tariff involving a fixed amount, exigible on an ad hoc basis, in the form of a subscription or under terms similar to those of a subscription for the use of a property or service or in respect of a benefit derived from an activity.

Sections 244.3 to 244.6 and the first paragraph of section 244.8 of the Act respecting municipal taxation apply, adapted as required, to the tariff referred to in the first paragraph.

Notwithstanding section 68.4, the Community may, by by-law, delegate to the executive committee the power mentioned in the first paragraph.

1995, c. 71, s. 78.

158. Each year, the Community shall adopt for the next three fiscal years the program of its capital expenditures and the program of the capital expenditures of the Société.

These programs shall be divided into annual phases. They shall describe, in respect of the period coincident therewith, the object, the amount and the mode of financing of the capital expenditures or expenses that each body plans to make or to incur and for which the financing period exceeds 12 months. The programs shall also mention the capital expenditures that the Community and the Société plan to make respectively beyond the period contemplated therein, if those expenditures result from commitments made during that period.

To the extent that they are consistent with this section, the provisions applicable to the procedure prior to the adoption of the budget of the Community and to that of the Société also apply, with the necessary modifications, to the procedure prior to the adoption of the programs of their respective capital expenditures.

1977, c. 80, s. 3; 1985, c. 27, s. 78; 1988, c. 76, s. 11; 1993, c. 67, s. 107; 1994, c. 17, s. 39; 1995, c. 71, s. 79; 1996, c. 27, s. 140; 1996, c. 52, s. 83.

158.1. The Community may amend its program of capital expenditures and that of the Société. Section 158, adapted as required, applies to such an amendment, except that the program shall be transmitted within 30 days of its adoption.

1985, c. 27, s. 79; 1993, c. 67, s. 107; 1996, c. 27, s. 141.

159. The Community may, with the approval of the Minister, order, by by-law, a loan for a purpose within its competence, and contract it according to the mode and on the conditions approved by him. In no case may the term of such a loan exceed fifty years.

1969, c. 83, s. 201; 1977, c. 80, s. 4; 1977, c. 5, s. 14; 1984, c. 38, s. 124.

159.1. Part of the loan, not exceeding 5 % of the amount of the expenditure authorized by the loan by-law in force, may be reserved for the repayment to the general fund of the Community of all or part of the sums expended, before the passage of the loan by-law, in connection with the object of the by-law.

That part of the loan must be specified in the by-law.

1995, c. 71, s. 80.

160. The Community may, by resolution, order temporary loans for the payment of current administration expenses and contract them on the conditions and for the term it determines.

The Community may also contract loans under the first paragraph for the payment of all or part of the expenses made under a loan by-law.

1969, c. 83, s. 202; 1971, c. 88, s. 31; 1977, c. 5, s. 14; 1984, c. 38, s. 124; 1993, c. 67, s. 65.

161. The Council may fix the interest rates on its loans and the dates on which they become due, determine the other conditions of the bonds, inscribed stock, treasury bills or other negotiable securities issued or to be issued, designate any place inside or outside the country where a register may be kept for the registration or transfer of the securities hereinabove mentioned and the persons authorized to keep such register, and determine the conditions for their issue and sale.

The Community, with the authorization of the Minister, may issue and sell, in its own name, bonds, notes or other securities either for its own account or for that of one or several municipalities referred to in Schedule A or in part for its own account and in part for that of one or several of the municipalities.

Bonds, notes or other securities issued by the Community constitute, for their holders, direct and general obligations of the Community. Moreover, the bonds, notes or other securities issued by the Community for the account of a municipality, or, as the case may be, any part thereof issued for the account of the latter, constitute, for their holders, direct and general obligations of that municipality.

1969, c. 83, s. 203; 1971, c. 88, s. 32; 1978, c. 103, s. 52; 1983, c. 57, s. 103; 1984, c. 38, s. 125; 1993, c. 67, s. 66; 1999, c. 40, s. 69.

162. Sections 7 and 8 and Divisions V to X and XII of the Act respecting municipal debts and loans (chapter D-7) apply to the Community.

1969, c. 83, s. 204; 1971, c. 88, s. 33; 1984, c. 38, s. 126; 1988, c. 84, s. 705.

162.1. Where a loan by-law provides that the Community may contract a loan in Canadian dollars or in any other currency, the total loan amount authorized is the amount expressed in Canadian dollars.

In establishing the amount in Canadian dollars of a loan contracted in another currency, depending on whether or not the proceeds of the loan are converted into Canadian dollars before being paid to the Community, the value used is the prevailing value of the unit of the other currency in relation to the Canadian dollar either at the time of the conversion or at noon on the day of payment.

Where all or part of the proceeds of a loan are used to renew a loan previously contracted by the Community, for all or part of the unexpired term of the latter loan, the amount used for the renewal is not subtracted from the balance of the loan amount authorized by the by-law, irrespective of the value of the unit of the currency in which the loan is contracted.

1993, c. 67, s. 67.

163. The bonds, notes and other securities issued by the Community are investments presumed sound within the meaning of paragraph 2 of article 1339 of the Civil Code.

The commitments resulting from the securities issued by the Community constitute direct and general obligations of the Community and the municipalities listed in Schedule A, and such commitments rank equally with and have no preference over any other general obligations of the Community and the municipalities.

1969, c. 83, s. 205; 1971, c. 88, s. 34; 1978, c. 103, s. 53; 1993, c. 67, s. 68; 1999, c. 40, s. 69.

164. The municipalities of the territory of the Community are jointly and severally liable towards the holders of bonds, notes or other securities issued by the Community for the account of the Community, for the repayment of such bonds, notes and other securities, in principal, interest, costs and other accessories, and for all other obligations contracted by the Community towards such holders.

The municipality for the account of which the Community issued bonds, notes or other securities is alone liable towards the Community for the repayment of such bonds, notes and other securities or any part thereof issued for its account, in principal, interest, costs and other accessories, and for all other obligations contracted by the Community towards such holders for the account of the municipality if the Community makes the repayment to the holders and executes its other obligations towards them. Any amount owing to the Community by the municipality under this paragraph is added to and forms part of its share of the expenses.

1969, c. 83, s. 206; 1971, c. 88, s. 35; 1978, c. 103, s. 54; 1983, c. 57, s. 104.

165. The bonds, notes and other securities of the Community shall be signed by the chairman or either of the vice-chairmen and by the treasurer or, if the treasurer is absent or unable to act, by the person designated for such purpose by the Community.

1969, c. 83, s. 207; 1993, c. 67, s. 69.

166. The facsimile of the signature of the chairman and treasurer on the bonds may be engraved, lithographed or printed and shall have the same effect as if the signature itself had been affixed thereto.

The certificate of the Minister or of the authorized person, mentioned in section 12 of the Act respecting municipal debts and loans (chapter D-7), may be affixed to the bonds issued by the Community under the facsimile of the signature of the Minister or of the authorized person. However, the presumption of validity provided for in that section applies only if the bonds also bear the handwritten signature of the chairman, the treasurer or a financial officer who is a mandatary of the Community.

Although a person whose signature or a facsimile thereof has been affixed to a bond, note or other security of the Community or a coupon in that person’s capacity as chairman, vice-chairman or treasurer of the Community, has ceased to act in that capacity before the said bond, note, security or coupon is issued and delivered, such signature shall nevertheless be valid and shall bind the Community in the same manner as if such person had continued to act in that capacity on the date of the said issue and delivery and the signature or facsimile of the signature of the persons acting in such capacity on the date on which signature or facsimile was affixed to a bond, note, coupon or other security of the Community shall bind it even though the person was not acting in that capacity on the date of such bond, coupon, note or security.

The treasurer or any other person authorized by resolution of the Council shall sign the cheques issued by the Community. The facsimile of the signature of the treasurer or of the person authorized may be engraved, lithographed or printed on the cheques with the same effect as if the signature itself were affixed to them.

1969, c. 83, s. 208; 1971, c. 88, s. 36; 1993, c. 67, s. 70; 1995, c. 71, s. 81.

166.1. The Community may invest the monies belonging to it by purchasing shares in a mutual fund provided for in the third paragraph of section 99 of the Cities and Towns Act (chapter C-19).

The Minister may, by regulation, determine other securities in which the Community may invest the monies belonging to it through a mutual fund referred to in the first paragraph.

1996, c. 77, s. 44.

167. At the end of the fiscal year, the treasurer shall draw up the financial report for the past fiscal year, and attest that it is accurate.

The financial report shall be drawn up on the forms furnished by the Minister, where such is the case. It shall include the financial statements and any other information required by the Minister.

1969, c. 83, s. 209; 1977, c. 5, s. 14; 1984, c. 38, s. 127.

167.1. The treasurer shall, at a meeting of the Council, file the financial report and the auditor’s report transmitted under section 167.7.

1984, c. 38, s. 127.

167.2. After the filing contemplated in section 167.1 and not later than 1 May, the secretary shall transmit the financial report and the auditor’s report to the Minister and to every municipality whose territory is comprised in that of the Community.

1984, c. 38, s. 127; 1993, c. 67, s. 71.

167.3. The Council may call upon the treasurer, at any time during the year, to produce a detailed account of the revenues and expenditures of the Community.

1984, c. 38, s. 127.

167.4. During the period extending from 1 December to 1 May, the Council shall appoint an auditor for the fiscal year beginning during that period. The Council may provide that the appointment is also valid for the following fiscal year or for the two following fiscal years.

If the auditor appointed for a fiscal year is not the auditor in office for the preceding fiscal year, the secretary of the Community shall inform the Minister of the name of the new auditor as soon as possible after his appointment.

1984, c. 38, s. 127; 1995, c. 71, s. 82.

167.5. If the office of the auditor becomes vacant before the expiry of his term, the Council shall fill the vacancy at the next meeting.

1984, c. 38, s. 127.

167.6. The auditor shall, for the fiscal year for which he was appointed, audit the financial statements and any other document the Minister determines by regulation published in the Gazette officielle du Québec.

He shall transmit a report of his audit to the Council. He shall state in his report, in particular, whether the financial statements faithfully represent the financial position of the Community on 31 December and the results of its operations for the fiscal year ending on that date.

1984, c. 38, s. 127.

167.7. The auditor shall transmit his report to the treasurer not later than 31 March following the expiry of the fiscal year for which he was appointed.

1984, c. 38, s. 127.

167.8. The Council may require any other audit it considers necessary, and require a report.

1984, c. 38, s. 127.

167.9. In no case may the following persons act as auditor of the Community:

(1)  a member of the Council;

(2)  an officer or an employee of the Community;

(3)  the associate of a person mentioned in paragraph 1 or 2;

(4)  a person who, during the fiscal year for which the audit is carried out, has, directly or indirectly, personally or through his associate, any participation, interest or commission in or under a contract with the Community or in relation to such a contract, or who derives any benefit from the contract, unless his connection with the contract arises from the practice of his profession.

1984, c. 38, s. 127.

167.10. The Minister may, if he considers it necessary, order the appointment of an auditor other than the auditor appointed under section 167.4, and require a report from him.

1984, c. 38, s. 127.

TITLE II SOCIÉTÉ DE TRANSPORT

1993, c. 67, s. 72.

DIVISION I CONSTITUTION AND OBJECT

1993, c. 67, s. 72.

168. A legal person in the public interest, consisting of the municipalities listed in Schedule B and the inhabitants and taxpayers of their territories, is hereby constituted as a public transport authority under the name “Société de transport de la Communauté urbaine de Québec”.

The territory of the Société consists of the territories of the municipalities listed in Schedule B.

1969, c. 83, s. 210; 1977, c. 5, s. 14; 1993, c. 67, s. 73.

169. The head office of the Société shall be situated within its territory, in the place it shall determine.

After establishing or changing the location of its head office, the Société shall have a notice of the location published in a newspaper circulated in its territory.

1969, c. 83, s. 211; 1971, c. 88, s. 37; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1983, c. 45, s. 52; 1993, c. 67, s. 73.

170. The object of the Société is to operate an undertaking for the public transport of passengers in its territory and, where provided for by law, outside its territory.

1969, c. 83, s. 212; 1983, c. 45, s. 52; 1993, c. 67, s. 73.

171. The powers of the Société are exercised by its board of directors, subject to any delegation effected by the latter in accordance with law.

1969, c. 83, s. 213; 1993, c. 67, s. 73.

172. All the revenue of the Société shall be used to discharge its obligations and to operate, maintain and improve its transport network.

1969, c. 83, s. 214; 1993, c. 67, s. 107.

DIVISION II BOARD OF DIRECTORS

1993, c. 67, s. 74.

§ 1 . — Composition

1993, c. 67, s. 74.

173. The board of directors of the Société consists of five members.

Two members who are neither the chairman nor one of the vice-chairmen of the Community are designated by the Council from among the mayors of the municipalities mentioned in Schedule A.

The other three members are designated by the Council from among the eligible councillors referred to in section 69.2.

A person who is a member of the board of directors may not concurrently be a member of a select committee established under section 69.

The board of directors must include at least two councillors from the city of Québec.

1969, c. 83, s. 215; 1978, c. 103, s. 55; 1993, c. 67, s. 74.

174. The term of office of a member of the board of directors is for an indefinite period.

The member ceases to hold office if he is replaced, designated a member of a select committee established under section 69, or resigns as a member of the board of directors. He also ceases to hold office if he ceases to be a mayor or an eligible councillor referred to in section 69.2 or if he becomes the chairman or a vice-chairman of the Community.

A person resigning shall sign a document to that effect, send the original to the Community and send one copy to the Société and another to the municipality on whose council he sits. The resignation takes effect from the date on which the original is received by the Community.

1978, c. 103, s. 55; 1984, c. 32, s. 22; 1993, c. 67, s. 74.

175. The board of directors has the offices of chairman, first vice-chairman and second vice-chairman of the Société.

The Council shall designate the chairman and the vice-chairmen from among the members of the board of directors.

Where the Council designates a mayor as chairman, it must designate the other mayor as first vice-chairman. Where it designates a councillor as chairman, the mayors must be designated as vice-chairmen.

1978, c. 103, s. 55; 1993, c. 67, s. 74.

176. The term of office of the chairman or of a vice-chairman is for an indefinite period.

The chairman or vice-chairman ceases to hold office on being replaced, on ceasing to be a member of the board of directors or on resigning as chairman or vice-chairman.

A person resigning shall sign a document to that effect, send the original to the Community and send a copy to the Société and a copy to the municipality on whose council he sits. The resignation takes effect from the date on which the Community receives the original.

1978, c. 103, s. 55; 1993, c. 67, s. 74.

177. The first vice-chairman replaces the chairman if he is absent or unable to act or if the office of chairman is vacant.

The second vice-chairman replaces the first vice-chairman if he is absent or unable to act or if the office of first vice-chairman is vacant.

1978, c. 103, s. 55; 1993, c. 67, s. 74.

178. The chairman directs the activities of the Société.

He sees that the provisions of any Act or statutory instrument applicable to the Société are observed, that the provisions of the by-laws of the Société are observed and that the decisions of the Société are carried out.

He acts as the representative of the Société.

1978, c. 103, s. 55; 1993, c. 67, s. 74.

§ 2 . — Meetings

1993, c. 67, s. 74.

179. The board of directors may hold its meetings anywhere in the territory of the Société.

1969, c. 83, s. 217; 1978, c. 103, s. 57; 1982, c. 2, s. 105; 1993, c. 67, s. 74.

180. The board of directors shall hold not fewer than 10 regular meetings per calendar year.

It shall fix the days on which they are held and the time at which they begin.

1969, c. 83, s. 218; 1971, c. 88, s. 38; 1978, c. 103, s. 58; 1993, c. 67, s. 74; 1996, c. 52, s. 86.

181. The agenda paper for each regular meeting of the board of directors shall be prepared by the secretary of the Société and shall contain the matters referred to him within the proper time, or within the time previously fixed by the Council by by-law, by the chairman or by a group of two or more members of the Council.

In addition, the agenda paper must contain any matter required by law to be considered at the meeting.

It must also contain any matter described in a written request signed by not fewer than 50 residents of the territory of the Société and received by it at least 10 days before the meeting.

1969, c. 83, s. 220; 1978, c. 103, s. 59; 1993, c. 67, s. 74.

182. Special meetings of the board of directors are called by the secretary of the Société on the request of the chairman or on the written request of two or more members of the Council.

The notice of convocation must mention the matters to be considered, according to the request, and any matter required by law to be considered at the meeting. It stands in lieu of an agenda paper.

During a special meeting, only those matters mentioned in the notice of convocation may be considered.

1969, c. 83, s. 221; 1978, c. 103, s. 60; 1987, c. 57, s. 787; 1993, c. 67, s. 74.

183. Not later than the third day preceding a regular meeting, or not later than 36 hours or, in exceptional circumstances, 24 hours before the time fixed for a special meeting, the secretary shall have a notice of convocation to the meeting and, where applicable, the agenda paper delivered to each member of the board of directors, by an employee of the Société, a courier service or a peace officer. The notice of convocation of a special meeting may also be sent by facsimile transmission, within the prescribed time, to each member of the board of directors.

1969, c. 83, s. 222; 1978, c. 103, s. 61; 1982, c. 63, s. 178; 1988, c. 85, s. 91; 1993, c. 67, s. 74; 1996, c. 52, s. 87.

184. The secretary shall have a prior notice of each meeting of the board of directors published in a newspaper circulated in the territory of the Société.

The first paragraph does not apply in the case of a special meeting for which the notice of convocation is prepared less than 36 hours before the time fixed for the opening of the meeting.

1969, c. 83, s. 223; 1978, c. 103, s. 62; 1993, c. 67, s. 74; 1996, c. 52, s. 88.

185. The chairman shall preside at the meetings of the board of directors.

He shall maintain order and decorum at the meetings and may have any person who disturbs the order removed.

1969, c. 83, s. 224; 1978, c. 103, s. 63; 1993, c. 67, s. 74.

186. The meetings of the board of directors are public.

Every meeting must include a period during which persons attending may put oral questions to the members of the board.

The board may, by by-law, prescribe the length of and time for the question period and the procedure to follow to put questions to members.

1969, c. 83, s. 225; 1993, c. 67, s. 74.

187. The quorum at meetings of the board of directors is three members.

1969, c. 83, s. 226; 1979, c. 37, s. 43; 1993, c. 67, s. 74.

187.1. Each member of the board of directors has one vote.

1993, c. 67, s. 74.

187.2. Every member of the board of directors present at a meeting he is not presiding must vote on every matter put to a vote unless he is disqualified to vote under the Act respecting elections and referendums in municipalities (chapter E-2.2) by reason of his interest in the matter.

1993, c. 67, s. 74.

187.3. Decisions of the board of directors are made by a majority of the votes cast.

1993, c. 67, s. 74.

187.4. The minutes of the votes and proceedings of the board of directors shall be entered in a book kept for that purpose by the secretary of the Société. They shall be signed by the secretary and by the member who presided at the meeting; where the member is not the chairman and cannot sign the minutes owing to absence, inability to act or vacancy of office, his signature shall be replaced by the chairman’s signature.

The minutes of a meeting shall be read by the secretary and approved by the board at a subsequent meeting which may not be later than the second regular meeting following. However, the secretary is dispensed from reading the minutes if a copy has been given to each member of the board not later than the time of convocation for the subsequent meeting.

1993, c. 67, s. 74; 1996, c. 52, s. 89.

§ 3 . — By-laws

1993, c. 67, s. 74.

187.5. The board of directors may adopt a by-law respecting its internal management or that of the Société.

Any by-law referred to in another provision of this division or in a provision of Division II.1 may be integrated into the internal management by-law.

1993, c. 67, s. 74.

187.6. Sections 45 to 55 and 57 to 67 apply, adapted as required, to the by-laws of the Société.

1993, c. 67, s. 74.

§ 4 . — Remuneration of members of the board of directors

1993, c. 67, s. 74.

187.7. The board of directors may, by a by-law approved by the Council, fix the remuneration or indemnity of its members.

It may, by the same by-law, fix any additional remuneration or indemnity for the chairman or the first or second vice-chairman of the Société.

Any indemnity is paid as reimbursement for the part of the expenses attached to the office which are not reimbursed pursuant to sections 187.11 to 187.15. The indemnity may not exceed one half of the remuneration.

The by-law may have retroactive effect from 1 January of the year in which it comes into force.

1993, c. 67, s. 74.

187.8. The board of directors may, by the by-law adopted under section 187.7, where the temporary replacement of the chairman by a vice-chairman lasts for the number of days specified by the board, provide for the payment by the Société, to the vice-chairman, of additional remuneration or an indemnity sufficient to ensure that, for the period beginning at the time specified and ending at the same time as the replacement ends, the vice-chairman receives the equivalent of the remuneration or indemnity otherwise payable, for that period and in respect of the office of chairman, to the holder of the office being replaced.

The board may provide that payment of the additional remuneration or indemnity provided for in the first paragraph entails a reduction in the remuneration or indemnity otherwise payable, in respect of the office of chairman, to the holder of the office having been replaced owing to absence or inability to act.

1993, c. 67, s. 74.

187.9. Every person receives the remuneration or indemnity provided for him by the by-law adopted under section 187.7, unless the application of section 23 of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) disqualifies him from receiving the remuneration or indemnity or reduces the amount thereof.

The first paragraph applies subject to any provision of the Act respecting elections and referendums in municipalities (chapter E-2.2) that prescribes a loss of remuneration or indemnity for any meeting of the board of directors for which the person has lost the right to attend as a member.

1993, c. 67, s. 74.

187.10. Further to the provisions of the second paragraph of section 187.8 and the second paragraph of section 187.9, the board of directors may, by the by-law adopted under section 187.7, prescribe the conditions under which the failure of a member of the board to attend a meeting or to fulfil his obligation to vote at a meeting entails a reduction in his remuneration or indemnity, and prescribe the rules for computing the reduction.

1993, c. 67, s. 74.

187.11. No member of the board of directors may, as part of his duties, perform any act involving expenses chargeable to the Société except with the prior authorization of the board to perform the act and incur, in consequence thereof, expenses not exceeding the amount fixed by the board.

However, the chairman of the board is not required to obtain prior authorization when acting in his capacity as representative of the Société. Such exemption also applies to any other member of the board of directors designated by the chairman to replace him as representative of the Société on any occasion on which neither vice-chairman is able to replace him in accordance with section 177.

1993, c. 67, s. 74.

187.12. A member of the board of directors who, in the exercise of his duties, has incurred expenses chargeable to the Société is entitled, on presentation of a statement accompanied with the proper vouchers, to be reimbursed by the Société for the amount of the expenses, up to the maximum amount fixed in the prior authorization, where that is the case.

1993, c. 67, s. 74.

187.13. The board of directors may, by a by-law approved by the Council, establish a tariff applicable where expenses chargeable to the Société are incurred by particular classes of acts performed in Québec for a purpose other than travel outside Québec, and prescribe what vouchers must be presented to prove that such an act was performed.

If such a by-law is in force, the prior authorization required by section 187.11 in respect of an act covered by the tariff is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed.

Notwithstanding section 187.12, a member of the board of directors who, as part of his duties, has performed an act covered by the tariff in force is entitled, on presentation of a statement accompanied with the vouchers prescribed in the by-law, to receive from the Société the amount prescribed in the tariff for that act.

1993, c. 67, s. 74.

187.14. The Council may provide sufficient appropriations in the budget of the Société for the reimbursement, pursuant to section 187.12 or 187.13, of expenses incurred by particular classes of acts that the members of the board of directors may perform on behalf of the Société as part of their duties.

The prior authorization required by section 187.11 in respect of an act included in a class for which appropriations are provided in the budget is limited to the authorization to perform that act, without reference to the maximum amount of expenses allowed. The maximum amount is deemed to be the balance of the appropriations for acts of that class, after deducting previous reimbursements or, where applicable, the amount prescribed in the tariff for that act.

If no appropriations are available, the board of directors may appropriate, for the purposes of the first paragraph, all or part of the balance of the sums provided in the budget to cover contingencies; such sums are considered appropriations.

1993, c. 67, s. 74; 1999, c. 40, s. 69.

187.15. Notwithstanding sections 187.13 and 187.14, the board of directors may fix the maximum amount of expenses allowed where it authorizes one of its members to perform an act covered by the tariff or in a class for which appropriations are provided in the budget.

Section 187.12 applies in such case even if the act is covered by the tariff.

1993, c. 67, s. 74.

187.15.1. Sections 187.11 to 187.15 apply in respect of acts performed or expenses incurred while the member of the board of directors is representing the Société otherwise than in the course of the work of bodies of which he is a member within the Société or another municipal body, or while he is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of his duties.

Those sections also apply in respect of acts performed or expenses incurred, for the purposes of meals, at a meeting of the board of directors or another authority of the Société or another muncipal body, or at any other meeting held in connection with such a meeting, to the extent that no member of the board of directors or of the authority concerned was excluded from the meeting for any cause other than the member’s disqualification.

1996, c. 27, s. 142; 1997, c. 93, s. 110.

187.16. For the purposes of his salary, retirement plan, benefits and other conditions of employment, a person who is replaced temporarily as chairman or first vice-chairman of the Société owing to absence or inability to act is deemed to not have ceased to hold office for the time he is replaced.

1993, c. 67, s. 74.

DIVISION II.1 ADMINISTRATIVE DEPARTMENTS AND OFFICERS

1993, c. 67, s. 74.

187.17. The board of directors may, by by-law, establish the administrative departments of the Société and define the scope of their activities.

It shall establish the secretarial department and the treasury department.

1993, c. 67, s. 74.

187.18. The board of directors shall appoint a director general, a secretary, who is the head of the secretarial department, and a treasurer, who is the head of the treasury department.

The board shall also appoint the head of any other department that it establishes.

It may appoint an assistant to any person appointed under the first or the second paragraph. The assistant shall temporarily replace the person if the latter is absent or unable to act or if the office is vacant.

In no case may a person hold an office provided for in this section concurrently with the office of member of the board or with the position of officer or employee of a municipality mentioned in Schedule A or B.

1993, c. 67, s. 74.

187.19. The board of directors may engage any other officer or employee it considers useful for the purposes of the Société.

1993, c. 67, s. 74.

187.20. The board of directors shall define the duties of the officers and employees of the Société other than the duties set out in law or in a statutory instrument.

It shall establish, individually or by category, their salary, benefits and other conditions of employment.

1993, c. 67, s. 74.

187.21. The board of directors may, by by-law, prescribe administrative standards, establish an organization plan for the departments or prescribe staffing requirements for the management of the departments.

The Council may also, on the conditions it determines, delegate to the director general full or partial responsibility for applying the standards or plan, for hiring officers or employees other than those referred to in section 187.18, for dismissing or suspending with or without pay officers or employees other than those referred to in section 187.24 or for effecting a reduction in their salaries.

The director general may subdelegate, insofar as the resolution by which the decision provided for in the second paragraph so permits, all or a part of the responsibilities entrusted to him to the head of a department.

1993, c. 67, s. 74; 1996, c. 52, s. 90.

187.22. The chairman of the Société may, for cause, suspend any officer or employee thereof with or without pay until the next meeting of the board of directors.

At the meeting, the chairman must table a report giving reasons for the suspension.

1993, c. 67, s. 74.

187.23. The board of directors may dismiss or suspend without pay any officer or employee of the Société or reduce his salary.

1993, c. 67, s. 74.

187.24. Sections 76 to 77.1 apply with the necessary modifications in respect of an officer or employee of the Société who is not an employee within the meaning of the Labour Code (chapter C-27) and who has held a position for at least six months or has held, within the Société, a position the holder of which is not an employee within the meaning of that Code.

1993, c. 67, s. 74; 2000, c. 54, s. 27.

187.25. No officer or employee of the Société may, under pain of forfeiture of office, have a direct or indirect interest in an undertaking placing his own interest in conflict with that of his department.

However, forfeiture is not incurred if the interest devolves to him by succession or gift, provided that he renounces it or disposes of it with all possible dispatch.

1993, c. 67, s. 74.

187.26. Subject to this Act, the duties of the director general are

(1)  to manage the affairs of the Société under the authority of the board of directors;

(2)  to have charge of the officers and employees of the Société and exercise over them the right of supervision and direction;

(3)  to ensure liaison between the board of directors and the officers and employees of the Société.

1993, c. 67, s. 74.

DIVISION III POWERS OF THE SOCIÉTÉ

1993, c. 67, s. 75.

188. Sections 84, 86, 87, 88, 91 to 92.0.5, 221, 222, 226 to 230, 232, 233 and 235 apply, adapted as required, to the Société.

In addition to the general powers contemplated by this title, the Société may exercise the following special powers:

(a)  with the approval of the Commission des transports du Québec, to make any agreement deemed useful with any public transport undertaking;

(b)  to lease, on its property, space for any business which it may determine and regulate the use of showcases and display windows in such establishments, and lease advertising space on its property and in its vehicles;

(c)  to acquire, possess and operate, by itself, any business at the places described in paragraph b;

(d)  to adopt by-laws respecting the conduct of persons in or on its vehicles and immovables;

(d.1)  to adopt by-laws respecting the tickets, transfers and passes used in the public transport service it organizes;

(d.2)  to adopt by-laws respecting the disposal of any lost article found in or on its vehicles or immovables;

(e)  to perform such work as it deems necessary or useful for the efficient operation of its services, including the power to build, possess and operate grounds and garages for parking, boarding platforms and bus-stop shelters, and to widen or straighten streets, with the approval of the municipality concerned where the work is performed in its territory;

(f)  (subparagraph replaced);

(g)  (subparagraph replaced);

(h)  (subparagraph replaced);

(i)  to provide, within the limits of its territory, a special transportation service for handicapped persons who are unable to use the public transport system and for that purpose:

i.  directly possess, organize, develop and administer such a service;

ii.  make, with any undertaking providing transportation by bus or transportation by taxi or any non-profit organization, a contract to ensure, in whole or in part, operation of such a service;

iii.  (paragraph replaced);

(j)  to make, with any municipality whose territory is not comprised in that of the Community or with any intermunicipal board, a contract to supply a special transportation service in the territory of the municipality or board for handicapped persons and to provide links to points outside the territory;

(k)  to make, with a public transit permit holder or a school bus carrier, a contract for the supply of certain public transport services;

(l)  to make an agreement with another public body providing public transport to extend its public transport service to the territory of the body.

The special service contemplated in subparagraph i of the second paragraph may be furnished in such a manner as to provide links to points outside the territory of the Société.

1969, c. 83, s. 227; 1971, c. 88, s. 40; 1972, c. 55, s. 173; 1972, c. 71, s. 15; 1977, c. 5, s. 14; 1978, c. 7, s. 101; 1983, c. 45, s. 53; 1984, c. 23, s. 15; 1984, c. 32, s. 23; 1984, c. 38, s. 128; 1988, c. 25, s. 41; 1993, c. 67, s. 76; 1996, c. 2, s. 566.

188.1. The Société may make any contract deemed useful for the organization of shared transportation by taxi provided for in the Act respecting transportation by taxi (chapter T-11.1).

1983, c. 46, s. 104; 1993, c. 67, s. 107.

188.2. Notwithstanding sections 91 and 188, the Société shall not alienate without the authorization of the Minister of Transport any property of a value of $25 000 or more for which it has specifically been awarded a grant.

The Société shall inform the Minister of Transport of the alienation of any other property for which it has specifically been awarded a grant within 15 days after the alienation.

1984, c. 47, s. 34; 1993, c. 67, s. 77.

189. (Repealed).

1977, c. 80, s. 5; 1984, c. 32, s. 24; 1993, c. 67, s. 78.

189.1. The Société may entrust a mandate to any other public body providing public transport to acquire equipment for the Société. It may also accept such a mandate where it intends to acquire the same kind of equipment for itself.

The Minister of Transport may authorize the Société, where it accepts a mandate under the first paragraph, to make the joint purchase of equipment without a call for tenders.

1983, c. 45, s. 54; 1993, c. 67, s. 107.

189.2. The Société may contract with any municipality whose territory is not comprised in that of the Community or with any intermunicipal board to supply public transport services to that municipality or board.

The Société may make a contract with any other person for the purpose of providing public transport services to that other person, outside the territory of the Société. If the local municipality on whose territory the services are supplied is providing public transport services itself, it must approve the contract before it is made.

1983, c. 45, s. 54; 1993, c. 67, s. 79; 1996, c. 2, s. 567.

189.3. The Société may take any measure it considers appropriate to promote the organization and operation of a passenger transit system it does not itself operate and provide support services to users of the transit system and to the persons organizing it.

1986, c. 64, s. 14; 1993, c. 67, s. 107.

189.4. (Repealed).

1988, c. 25, s. 42; 1993, c. 67, s. 80.

190. (Repealed).

1969, c. 83, s. 228; 1970, c. 65, s. 5; 1972, c. 55, s. 173; 1973, c. 38, s. 139; 1973, c. 39, s. 5; 1977, c. 5, s. 14; 1983, c. 45, s. 55; 1984, c. 38, s. 129; 1993, c. 67, s. 81.

191. (Repealed).

1969, c. 83, s. 229; 1971, c. 88, s. 41; 1978, c. 103, s. 64; 1993, c. 67, s. 81.

192. (Repealed).

1969, c. 83, s. 230; 1993, c. 67, s. 81.

193. (Repealed).

1969, c. 83, s. 231; 1972, c. 55, s. 173; 1973, c. 39, s. 5; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1993, c. 67, s. 81.

194. (Repealed).

1969, c. 83, s. 232; 1993, c. 67, s. 81.

195. (Repealed).

1969, c. 83, s. 233; 1978, c. 103, s. 65; 1992, c. 57, s. 509; 1993, c. 67, s. 81.

196. (Repealed).

1969, c. 83, s. 234; 1971, c. 88, s. 42; 1993, c. 67, s. 81.

197. The Société may establish, change, or cancel lines, replace bus lines by lines of other means of public transport, change their routes and, for any such purpose, use any public street it deems expedient to use in its territory.

The secretary shall send a notice of any decision made under the first paragraph to the Community and shall have the notice published in a newspaper circulated in the territory of the Société.

1969, c. 83, s. 235; 1978, c. 103, s. 66; 1993, c. 67, s. 82.

198. A decision made under section 197 takes effect 15 days after the date of publication of the notice referred to in that section.

The Société may, however, provide that the decision takes effect on a later date or, if it considers that exceptional circumstances so warrant, 10 days after the date of publication of the notice referred to in section 197.

The notice shall mention the day on which the decision takes effect.

1969, c. 83, s. 236; 1978, c. 103, s. 67; 1993, c. 67, s. 82.

199. The Société shall fix the various passenger fares according to the classes of users it determines.

The secretary shall send a notice of any decision made under the first paragraph to the Community and shall have the notice published in a newspaper circulated in the territory of the Société.

1969, c. 83, s. 237; 1978, c. 103, s. 68; 1983, c. 45, s. 56; 1993, c. 67, s. 82.

200. A decision made under section 199 takes effect 30 days after the date of publication of the notice referred to in that section.

The Société may, however, provide that the decision takes effect on a later date or, if it considers that exceptional circumstances so warrant, 10 days after the date of publication of the notice referred to in section 199.

The notice shall mention the day on which the decision takes effect.

The tariffs shall be posted in the vehicles of the Société.

1969, c. 83, s. 238; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1978, c. 103, s. 69; 1993, c. 67, s. 82.

201. The Société shall not be subject to the jurisdiction of the Commission des transports du Québec otherwise than under a provision of this Act.

The Commission has no jurisdiction over transportation supplied on behalf of the Société under a contract referred to in subparagraph ii or iii of subparagraph i or subparagraph k of the second paragraph of section 188 or in section 188.1.

The regulations made by the Government under section 5 of the Transport Act (chapter T-12) shall apply to the Société and to its means of transport or transport systems. However, the Government may, by regulation, release the Société from the obligation of complying with one or several of the provisions of a regulation.

1969, c. 83, s. 239; 1972, c. 55, s. 128, s. 173; 1977, c. 5, s. 14; 1981, c. 8, s. 34; 1986, c. 64, s. 15; 1993, c. 67, s. 83.

202. The Société is exempt from any liability towards the owners of objects lost in or on its vehicles or immovables.

1969, c. 83, s. 240; 1972, c. 71, s. 16; 1993, c. 67, s. 84.

203. (Repealed).

1969, c. 83, s. 241; 1993, c. 67, s. 107; 1993, c. 75, s. 43.

204. The Société may tow away and garage any illegally parked vehicle that obstructs the circulation, stopping or departure of its vehicles. It may entrust the towing and garaging to any undertaking it chooses. In either case, the owner or driver of the towed vehicle may recover possession of it only on payment of towing and garage costs at the current rates.

1972, c. 71, s. 17; 1993, c. 67, s. 85.

DIVISION IV FINANCIAL PROVISIONS

205. The Société shall adopt its draft annual or supplementary budget which must be presented to the Council in accordance with section 149 or 151.

The secretary of the Société shall file the draft budget in the office of the secretary of the Community.

1969, c. 83, s. 242; 1993, c. 67, s. 86; 1996, c. 52, s. 91.

206. (Repealed).

1969, c. 83, s. 243; 1982, c. 63, s. 179.

207. (Repealed).

1976, c. 55, s. 1; 1977, c. 5, s. 14; 1978, c. 103, s. 70; 1982, c. 63, s. 180; 1993, c. 67, s. 87.

208. The head of each department is responsible for managing its budget, in accordance with the provisions of this Act, under the supervision of the board of directors.

The board must authorize the payment of all sums owing by the Société.

1969, c. 83, s. 244; 1978, c. 103, s. 71; 1993, c. 67, s. 88.

209. Sections 146 and 153 to 157 apply, adapted as required, to the Société.

1968, c. 83, s. 245; 1979, c. 72, s. 406; 1982, c. 63, s. 181; 1993, c. 67, s. 88.

210. Every transfer of funds within the budget must be approved by the Council.

However, the Council may, by by-law, delegate all or part of the power provided for in the first paragraph to the Société on the conditions it shall determine.

1969, c. 83, s. 246; 1976, c. 55, s. 2; 1993, c. 67, s. 88.

210.1. Sections 85.1 to 85.6 apply, adapted as required, to the Société. Notwithstanding the second paragraph of section 85.2, the financial reserve of the Société may be made up only of sums from the portion of the general fund of the Société allocated for that purpose by the board of directors.

2000, c. 19, s. 18.

211. The operating deficit of the Société, including the part resulting from the payment of interest on its loans and from the amortization thereof, shall be apportioned among the municipalities situated within the territory of the Société according to their respective fiscal potentials within the meaning of section 261.7 of the Act respecting municipal taxation (chapter F-2.1).

1969, c. 83, s. 247; 1971, c. 88, s. 43; 1972, c. 71, s. 18; 1976, c. 55, s. 3; 1979, c. 72, s. 407; 1991, c. 32, s. 203; 1993, c. 67, s. 107.

212. The Société shall prescribe, by a by-law approved by the Council, the manner of determining the aliquot shares of its deficit and the terms and conditions of payment of aliquot shares by the municipalities situated within its territory.

The by-law may, in particular, determine, for every situation provided for in section 149 or 151,

(1)  the date on which the data used to establish provisionally or finally the fiscal potential are to be considered;

(2)  the time limit for determining each aliquot share and for informing each municipality of it;

(3)  the obligation of the municipality to pay the aliquot share in a single payment or its right to pay it in a certain number of instalments;

(4)  the time limit within which each instalment must be paid;

(5)  the rate of interest payable on an outstanding instalment;

(6)  the adjustments that may result from the deferred coming into force of all or part of the budget of the Société or from the successive use of provisional and final data in determining the fiscal potential.

Instead of fixing the rate of interest payable on an instalment which is outstanding, the by-law may provide that such rate shall be fixed by a resolution of the Société when its draft budget is adopted.

The Société may, in the by-law, order that the rate fixed therein or in the resolution referred to in the third paragraph apply to any sum owing to the Société that is payable or that subsequently becomes payable.

1969, c. 83, s. 248; 1972, c. 71, s. 19; 1976, c. 55, s. 4; 1979, c. 72, s. 408; 1982, c. 63, s. 182; 1984, c. 32, s. 25; 1991, c. 32, s. 203; 1993, c. 67, s. 89.

212.1. The Société may invest the monies belonging to it by purchasing shares in a mutual fund provided for in the third paragraph of section 99 of the Cities and Towns Act (chapter C-19).

The Minister may, by regulation, determine other securities in which the Société may invest the monies belonging to it through a mutual fund referred to in the first paragraph.

1996, c. 77, s. 45.

213. (Replaced).

1976, c. 55, s. 4; 1977, c. 5, s. 14; 1991, c. 32, s. 203.

214. Sections 159 to 166 apply, adapted as required, to the Société. Any loan by-law adopted under section 159 requires, in addition to approval by the Minister, approval by the Council.

Sections 167 to 167.10 apply in the same manner to the audit and to the financial report of the Société, which must also be transmitted to the Minister of Transport with the auditor’s report.

1969, c. 83, s. 249; 1970, c. 65, s. 6; 1972, c. 55, s. 129; 1972, c. 71, s. 20; 1977, c. 5, s. 14; 1977, c. 80, s. 6; 1984, c. 38, s. 130; 1993, c. 67, s. 90.

DIVISION V GENERAL PROVISIONS

215. Without the authorization of the Société, no person shall in any manner use the name of the Société or of any one of its services, or its emblem or graphic symbol.

Without prejudice to the other recourses of the Société, any person infringing this section shall be liable, for each offence, to a fine of not more than $200.

1969, c. 83, s. 250; 1990, c. 4, s. 298; 1993, c. 67, s. 107.

215.1. The Société may, by by-law:

(1)  prescribe that an offence under a provision of a by-law adopted under any of subparagraphs b, d and d.1 of the second paragraph of section 188 shall be sanctioned by a fine;

(2)  prescribe either a fine of a fixed amount, or the minimum and maximum fines, or a maximum fine only, in which case the minimum fine is $1.

The fixed amount or maximum amount prescribed cannot exceed, for a first offence, $1 000 if the offender is a natural person, or $2 000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed cannot exceed $2 000 if the offender is a natural person, or $4 000 if the offender is a legal person.

1993, c. 67, s. 91.

215.2. The Société may designate specifically, from among its officers and employees, those who are responsible for the enforcement of the by-laws adopted under subparagraphs b, d and d.1 of the second paragraph of section 188.

1993, c. 67, s. 91.

216. (1)  The Société may provide charter transportation in its territory and from its territory to an outside point.

(2)  No permit shall be granted to any carrier by the Commission des transports du Québec for the operation of a sightseeing bus service within the territory of the Société unless the Commission, after calling upon the Société to submit to it the representations which it deems proper, is of opinion that the latter does not operate and is not about to operate such a sightseeing service which adequately meets the needs referred to in the application for the permit.

(3)  The Société may make a contract for school bussing within the scope of the Education Act (chapter I-13.3), of the Act respecting private education (chapter E-9.1) and of the General and Vocational Colleges Act (chapter C-29). It may also make such a contract with an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1).

The Société has jurisdiction to carry out, even outside its territory, any contract it has made with a school board, provided the territory of that school board is comprised in its territory.

(4)  The Commission des transports du Québec shall not issue a bus transport permit for the operation of any service wholly or partly within the territory of the Société or amend a permit so as to authorize the operation of such a service without first having invited the Société to submit its representations.

If the Société has not made known its intention to submit representations within 60 days of the invitation of the Commission, the latter may rule upon the application for a permit or for an amendment to a permit.

The Commission shall reject such part of the application which concerns services to which the Société has objected if they are urban transport services that would be operated within the territory of the Société.

1969, c. 83, s. 251; 1971, c. 88, s. 44; 1972, c. 55, s. 130, s. 173; 1977, c. 5, s. 14; 1978, c. 103, s. 72; 1981, c. 26, s. 16; 1983, c. 45, s. 57; 1986, c. 64, s. 16; 1988, c. 25, s. 43; 1988, c. 84, s. 566; 1989, c. 17, s. 6; 1992, c. 68, s. 156; 1993, c. 67, s. 92; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

216.1. The Société may operate outside its territory any sightseeing service or shuttle service for which it has come to hold a permit through the acquisition of the public transport undertaking that was the permit holder.

1983, c. 45, s. 58; 1986, c. 64, s. 17; 1993, c. 67, s. 107.

217. The Société shall submit to the Commission des transports du Québec, before they come into force, the fares to be charged in operating a sightseeing service.

1969, c. 83, s. 252; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1981, c. 26, s. 17; 1988, c. 25, s. 44; 1993, c. 67, s. 93.

218. The Société shall have sufficient interest to make to the Commission des transports du Québec any representations it deems proper respecting any application for a permit made by a carrier of passengers and covering all or part of the territory of the Société, respecting routes, stops or any other condition which might affect such permit.

Notice of such application for a permit shall be sent as soon as possible by the Commission to the Société.

1969, c. 83, s. 253; 1972, c. 55, s. 173; 1977, c. 5, s. 14; 1993, c. 67, s. 94; 1997, c. 43, s. 199.

219. The Société shall, not later than 1 July of each year, send to the Minister of Municipal Affairs and Greater Montréal and to the Minister of Transport, and to each municipality mentioned in Schedule B, a report of its activities during the preceding fiscal year.

1969, c. 83, s. 254; 1972, c. 55, s. 131; 1977, c. 5, s. 14; 1993, c. 67, s. 95; 1999, c. 43, s. 13.

TITLE III GENERAL PROVISIONS

220. (Repealed).

1969, c. 83, s. 275; 1971, c. 88, s. 74; 1988, c. 58, s. 6; 1993, c. 67, s. 96.

221. Every Municipal Court in the territory of the Community shall have jurisdiction to hear any infringement of the by-laws of the Community.

The fine belongs to the Community, where it instituted the penal proceedings.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

1969, c. 83, s. 277; 1990, c. 4, s. 299; 1992, c. 61, s. 209.

222. The Community may institute penal proceedings for an offence under a provision of any of its by-laws.

1969, c. 83, s. 278; 1992, c. 61, s. 210.

223. (Repealed).

1969, c. 83, s. 279; 1990, c. 4, s. 300.

224. Sections 591 to 604 of the Cities and Towns Act (chapter C-19) shall apply with the necessary modifications to the Community.

Such above-mentioned provisions shall apply in the case of judgments rendered against the Société as regards municipalities liable for the payment of the operating deficit or expenses as the case may be.

1969, c. 83, s. 280; 1971, c. 88, s. 75; 1993, c. 67, s. 107.

224.1. The provisions of Division XIII.1 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, to the Community and the Société.

1996, c. 27, s. 143.

225. The Community shall, before 1 June of each year, send to the Minister and to each municipality mentioned in Schedule A a summary report of its activities during the preceding fiscal year.

1969, c. 83, s. 281; 1971, c. 88, s. 76; 1977, c. 5, s. 14; 1984, c. 38, s. 131; 1993, c. 67, s. 97.

225.1. The Community or the Société shall provide the Minister of Municipal Affairs and Greater Montréal with any information he may require.

The Société has the same obligation toward the Minister of Transport.

1993, c. 67, s. 97; 1999, c. 43, s. 13.

226. The Minister may, at the request of the Community, extend a time period granted by this Act to the Community. The Minister, if he considers it advisable, may grant a new extension on the conditions he determines.

1969, c. 83, s. 282; 1993, c. 67, s. 97.

227. If the Community fails to make a by-law or a resolution within the time prescribed by this act, such by-law or such resolution may be made by the Government and shall be binding upon the Community in the same manner as if such by-law or such resolution had been made by the Community.

No by-law or resolution so made by the Government shall be repealed or amended without the approval of the Government.

1969, c. 83, s. 283; 1999, c. 40, s. 69.

228. Nothing in this Act shall be construed as preventing the Community from passing a resolution or by-law after the time prescribed by this Act, but before such resolution or by-law is made by the Government.

1969, c. 83, s. 284; 1999, c. 40, s. 69.

229. No objection made to the form or based upon the omission of any formality, even peremptory, shall be allowed in any action, suit or proceeding respecting any matter contemplated in this act, unless a real injustice would result from the dismissal of such objection or unless it relates to a formality the omission of which entails nullity under an express provision of this act.

1969, c. 83, s. 287.

230. No person who has complied with a notice or informed himself sufficiently in any way regarding the content or object thereof, shall subsequently invoke insufficiency or defect in the form of such notice, or the failure to publish or to serve the same.

1969, c. 83, s. 288.

231. The Community, in collaboration with the associations which represent the employees of the municipalities whose territories are comprised in its territory for the purposes of making collective agreements, may prepare, make and revise one or more draft models of collective agreements recommending monetary clauses and normative clauses for the municipalities and their employees.

1969, c. 83, s. 289; 1996, c. 2, s. 568.

232. The minutes of the meetings of the Council, of the executive committee and of the select or special committees of the Community, the by-laws, resolutions, orders and reports adopted at those meetings and the documents filed or considered at such meetings which are public, are public documents.

Any personal information contained in the documents is public information for the purposes of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

1969, c. 83, s. 290; 1987, c. 68, s. 66; 1993, c. 67, s. 98.

233. The clerk or secretary-treasurer of any municipality whose territory is comprised in that of the Community must gratuitously forward to the Community, upon a request by the Community, a copy of any document forming part of the records of such municipality.

1969, c. 83, s. 291; 1993, c. 67, s. 99; 1996, c. 2, s. 569.

234. The Community shall be a municipality within the meaning of the Act respecting the Ministère des Affaires municipales et de la Métropole (chapter M-22.1), the Act respecting the Commission municipale (chapter C-35), the Municipal Aid Prohibition Act (chapter I-15), the Public Health Protection Act (chapter P-35) and the Labour Code (chapter C-27) and the said Acts shall apply with the necessary modifications to the Community.

1969, c. 83, s. 292; 1972, c. 42, s. 56, s. 64; 1972, c. 49, s. 128; 1987, c. 57, s. 788; 1993, c. 67, s. 100; 1996, c. 2, s. 570; 1999, c. 43, s. 13.

235. If any appointment contemplated by this act is not made within the prescribed time, it may be made by the Minister; however, with the permission of the Minister, it may be made even after the expiry of such time by the persons to whom this act assigns such duty.

1969, c. 83, s. 293; 1999, c. 40, s. 69.

236. (Repealed).

1969, c. 83, s. 294; 1978, c. 103, s. 76; 1993, c. 67, s. 101.

237. (Repealed).

1969, c. 83, s. 295; 1972, c. 71, s. 21; 1993, c. 67, s. 101.

238. (Repealed).

1969, c. 83, s. 296; 1993, c. 67, s. 101.

239. (Repealed).

1969, c. 83, s. 297; 1977, c. 5, s. 14; 1993, c. 67, s. 101.

240. (Repealed).

1969, c. 83, s. 298; 1972, c. 71, s. 22; 1977, c. 5, s. 14; 1993, c. 67, s. 101.

241. (Repealed).

1969, c. 83, s. 299; 1977, c. 5, s. 14; 1993, c. 67, s. 101.

242. (Repealed).

1969, c. 83, s. 300; 1993, c. 67, s. 101.

243. (Repealed).

1969, c. 83, s. 301; 1993, c. 67, s. 101.

244. (Repealed).

1969, c. 83, s. 302; 1993, c. 67, s. 101.

245. The social benefits accrued to the credit of an officer or employee of the Government of Canada, of the Gouvernement du Québec or of a municipality in a plan or fund administered by one of such employers, by one of such employers and his employees or by a third party on behalf of such persons, shall be transferable upon the application of the officer or employee transferred to the employ of the Community or of the Société and vice versa the whole upon such conditions as are fixed by the Régie des rentes du Québec.

1969, c. 83, s. 303; 1971, c. 88, s. 78; 1977, c. 5, s. 14; 1993, c. 67, s. 102.

246. (Repealed).

1969, c. 83, s. 304; 1993, c. 67, s. 103.

247. For the purposes of this Act, the population of the Community is equal to the sum of the populations of the municipalities in its territory.

1969, c. 83, s. 305; 1987, c. 108, s. 21; 1988, c. 19, s. 255.

248. For the purpose of paying any aliquot share provided for by this Act, a municipality may, in addition to its power to use a mode of tariffing under section 244.1 of the Act respecting municipal taxation (chapter F‐2.1), impose a special real estate tax based on the value of the taxable immovables situated in its territory.

Contestation by a municipality of an aliquot share claimed by the Community or the Société does not exempt the municipality from paying its aliquot share while the contestation is pending. The Community or the Société, as the case may be, may have addressed to any municipality in default a formal notice advising such municipality to pay its aliquot share within 90 days of the sending of such notice.

If a municipality fails to comply with such formal notice within the prescribed time, the Commission municipale du Québec, upon the request of the Community or the Société, as the case may be, may present a petition to have such municipality declared in default in accordance with Division VI of the Act respecting the Commission municipale (chapter C‐35).

1969, c. 83, s. 306; 1971, c. 88, s. 45; 1977, c. 5, s. 14; 1979, c. 72, s. 409; 1982, c. 63, s. 183; 1991, c. 32, s. 204; 1993, c. 67, s. 104; 1999, c. 40, s. 69.

249. Where the Community or the Société makes an adjustment to the shares of the municipalities, in conformity with the by-law contemplated in section 157.2 or 212, the tax accounts of the municipalities must take such adjustment into account. If the accounts have been sent before the adjustment, new accounts must be sent which cancel the first. If, by virtue of the first account, a taxpayer has paid a sum greater than the sum he must pay by virtue of the second account, the municipality shall refund the difference to him within 30 days of the sending of the second account.

Notwithstanding the first paragraph, the municipality may decide to exact the tax supplement by adding it to the account for the ensuing fiscal year or refund any overpayment by giving to the taxpayer an equivalent credit on his account for the ensuing fiscal year.

The amount of the supplement bears interest from the date on which it is exigible following the sending of a demand for payment, in accordance with the law governing the municipality. The amount of any overpayment bears interest at the same rate as the tax contemplated, from the date the overpayment was made.

1979, c. 72, s. 410; 1982, c. 63, s. 184; 1991, c. 32, s. 205; 1993, c. 67, s. 107.

250. The Minister of Municipal Affairs and Greater Montréal shall be entrusted with the carrying out of this act.

1969, c. 83, s. 307; 1999, c. 43, s. 13.

TITLE IV TRANSITIONAL PROVISIONS

251. (Repealed).

1969, c. 83, s. 319; 1972, c. 71, s. 23; 1979, c. 72, s. 412; 1982, c. 63, s. 185; 1984, c. 32, s. 26; 1991, c. 32, s. 206.

252. The property, rights and obligations of the Bureau d’assainissement des eaux du Québec métropolitain devolve, from 21 November 1978, to the Community.

The municipalities in the territory of the Community are liable for the debts of the Bureau d’assainissement. Such debts shall be apportioned among such municipalities as the expenses of the Community relating to water purification.

Cases then pending shall be continued by the Urban Community without continuance of suit.

From that date, the officers and employees of the Bureau d’assainissement shall become officers and employees of the Urban Community.

From that date, the Community may, by depositing a declaration in private writing by its secretary describing the immoveables or real rights of the Bureau d’assainissement, have such immoveables or real rights registered in its own name.

1969, c. 83, s. 323; 1970, c. 65, s. 9; 1971, c. 88, s. 79; 1977, c. 5, s. 14; 1978, c. 103, s. 77 (part); 1979, c. 72, s. 414; 1982, c. 63, s. 186; 1988, c. 58, s. 7; 1991, c. 32, s. 207.

253. The executive committee may order by resolution that the Community succeed plenojure the intermunicipal committee established by the cities of Charlesbourg, Giffard and Sillery, the towns of Beauport, Bélair, Donnacona, Orsainville, Duberger, Ancienne-Lorette, Neufchâtel, Notre-Dame-des-Laurentides, the municipality of the parish of Ancienne-Lorette and the municipalities of Charlesbourg-Est and Charlesbourg-Ouest, the establishment of which was authorized by the Minister on 6 March 1970.

Upon the passing of the resolution by the executive committee, the Community shall assume the rights and obligations of the intermunicipal committee.

1970, c. 65, s. 10.

TITLE V

Repealed, 1993, c. 67, s. 105.

1993, c. 67, s. 105.

254. (Repealed).

1969, c. 83, s. 325; 1993, c. 67, s. 105.

TITLE VI

This Title ceased to have effect on 17 April 1987.

255. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE A

Municipalities whose territories comprise

the territory of the Community

Ville de Beauport, Ville de Cap-Rouge, Ville de Charlesbourg, Ville de Lac-Saint-Charles, Ville de L’Ancienne-Lorette, Ville de Loretteville, Ville de Québec, Municipalité de Saint-Augustin-de-Desmaures, Ville de Sainte-Foy, Ville de Saint-Émile, Ville de Sillery, Ville de Val-Bélair, Ville de Vanier.

1969, c. 83, Schedule A; 1975, c. 91, s. 7; 1978, c. 103, s. 78; 1984, c. 32, s. 27; 1993, c. 67, s. 106; 1996, c. 2, s. 571; 1998, c. 31, s. 79.

SCHEDULE B

Municipalities whose territories comprise

the territory of the Société

Ville de Beauport, Municipalité de Boischatel, Ville de Cap-Rouge, Ville de Charlesbourg, Ville de Lac-Saint-Charles, Ville de L’Ancienne-Lorette, Ville de Loretteville, Ville de Québec, Ville de Sainte-Foy, Ville de Saint-Émile, Ville de Sillery, Ville de Val-Bélair, Ville de Vanier.

1969, c. 83, Schedule B; 1976, c. 55, s. 6; 1984, c. 32, s. 27; 1993, c. 67, s. 106; 1998, c. 31, s. 80.

SCHEDULE C

(Replaced).

1969, c. 83, Schedule C; O.C. 3896-72 of 20.12.72, (1973) 105 O.G. I, 771; O.C. 4516-73 of 05.12.73, (1973) 105 O.G. I, 7675; O.C. 460-74 of 06.02.74, (1974) 106 O.G. I, 2670; O.C. 3138-74 of 28.08.74, (1974) 106 O.G. I, 7081; O.C. 2395-80 of 13.08.80, (1980) 112 G.O. I (French), 9240; 1984, c. 32, s. 27; 1993, c. 67, s. 106.

SCHEDULE D

(Repealed).

1969, c. 83, Schedule D; 1978, c. 103, s. 79; 1984, c. 32, s. 27; 1988, c. 58, s. 8.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 83 of the statutes of 1969, in force on 1 November 1980, is repealed, except sections 99, 100, 102, 285, 308 to 310, 322, the second, third, fourth and fifth paragraphs of section 323, sections 324 and 330, effective from the coming into force of chapter C-37.3 of the Revised Statutes.