R-25.03 - Act respecting the Réseau structurant de transport en commun de la Ville de Québec

Updated to 1 January 2025

This document has official status.

chapter R-25.03

Act respecting the Réseau structurant de transport en commun de la Ville de Québec

CHAPTER I PURPOSE

2019, c. 15, c. I.

1. The purpose of this Act is to allow the carrying out of the Réseau structurant de transport en commun de la Ville de Québec (Network), that is, a tramway project between the Le Gendre and Charlesbourg sectors, linking the Sainte-Foy, Université Laval, Parliament Hill and Saint-Roch hubs and including a connection to the D’Estimauville sector, and a rapid bus or minibus service.

The Act also sets out the terms governing the transfer of the Network to the Société de transport de Québec for operation by the latter.

2019, c. 15, s. 1; 2024, c. 40, s. 13.

CHAPTER II CARRYING OUT OF THE NETWORK PROJECT

2019, c. 15, c. II.

2. Despite section 3 of the Act respecting public transit authorities (chapter S-30.01), the Network project is carried out by Ville de Québec, CDPQ Infra inc. as the wholly-owned subsidiary of the Caisse de dépôt et placement du Québec and the Minister.

The Minister must enter into implementation agreements concerning the Network project with those bodies, which must, in particular, specify

(1)  the responsibilities relating to the Network project and the replacement of a body where that body is unable to fulfil its responsibilities;

(2)  the financial responsibilities relating to the project; and

(3)  the ownership of the infrastructures built as part of the project and the transfer of ownership, subject to the provisions of chapters III and IV.

In the course of carrying out the Network project and in keeping with the agreements entered into under the second paragraph, the responsible body may acquire any property required for the construction and operation of the Network and build any accessory works. It may also dig a tunnel under any immovable, regardless of its owner, provided that the body may acquire property by expropriation for the carrying out of the Network project.

For the purposes of this Act, a reference to CDPQ Infra inc. is also a reference to a wholly-owned subsidiary or a limited partnership constituted by a single general partner and a single special partner each of which is a wholly-owned subsidiary. Such a limited partnership is considered to be a mandatary of the State if the purpose of its activity is to carry out the Network project.

“Wholly-owned subsidiary” means a legal person all of whose voting shares are held directly or indirectly by CDPQ Infra inc. or the Caisse de dépôt et placement du Québec.

2019, c. 15, s. 2; 2024, c. 40, s. 14.

3. Any decision with regard to the Network project that must be authorized or approved by the Government, or authorized or approved under the measures determined by the Conseil du trésor under section 14 of the Public Infrastructure Act (chapter I-8.3), must be submitted to the Société de transport de Québec for prior consultation by the body responsible for the decision under section 2.

2019, c. 15, s. 3; 2024, c. 40, s. 15.

4. The rules governing the tendering processes and the performance of contracts for contracts that derive, under section 2, from the responsibilities of CDPQ Infra inc. are those that are applicable to that body, despite any contrary provision.

This section applies despite the Act respecting contracting by public bodies (chapter C-65.1).

2019, c. 15, s. 4; 2024, c. 40, s. 16.

5. For the purposes of the Network project and despite any contrary provision, any contract for the acquisition of mass transit vehicles must impose on the supplier an obligation to contract 25 percent of the contract value in Canada. The contract may also include a provision requiring the supplier to have final assembly carried out in Canada.

For the purposes of this section, “mass transit vehicle”, “contract value in Canada” and “final assembly” have the meanings assigned to them by Annex 19-4 of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States as it reads on 19 June 2019.

2019, c. 15, s. 5; 2024, c. 40, s. 17.

6. No fee, duty, tax or cost of any nature, under a city’s authority, may be levied against the bodies responsible for carrying out the Network project under section 2 for the issue of a certificate of approval, building permit or occupancy permit necessary for the Network project.

2019, c. 15, s. 6; 2024, c. 40, s. 18.

CHAPTER III OWNERSHIP TRANSFERS

2019, c. 15, c. III.

DIVISION I POWER OF EXPROPRIATION AND TRANSFERS OF OWNERSHIP OF IMMOVABLES

2019, c. 15, Div. I; 2024, c. 40, s. 19.

7. Subject to sections 571 and 572 of the Cities and Towns Act (chapter C-19), Ville de Québec may, for the purposes of the Network project, expropriate any property required for the construction and operation of the Network.

2019, c. 15, s. 7; 2023, c. 27, s. 212; 2024, c. 40, s. 20.

8. (Repealed).

2019, c. 15, s. 8; 2023, c. 27, s. 213; 2024, c. 40, s. 21.

9. (Repealed).

2019, c. 15, s. 9; 2023, c. 27, s. 240; 2024, c. 40, s. 21.

10. Where Ville de Québec orders, by resolution, the expropriation of property or the establishment of a reserve for public purposes on the property, the clerk must, without delay, send a certified copy of the resolution to the clerk of any other city concerned.

After receiving the resolution or, in the case of Ville de Québec, after adopting the resolution, the city concerned may not, except for urgent repairs, issue a permit or certificate or grant an authorization for a structure, alteration or repair in connection with such property. Such a prohibition ceases six months after the date of adoption of the resolution.

No compensation is granted for buildings erected or improvements or repairs, other than authorized urgent repairs, made to the immovable during the prohibition period. However, the Administrative Tribunal of Québec may grant an indemnity as provided for in Part III of the Act respecting expropriation (chapter E-25).

2019, c. 15, s. 10; 2023, c. 27, s. 214.

DIVISION II TRANSFERS BY OPERATION OF LAW

2019, c. 15, Div. II.

11. (Repealed).

2019, c. 15, s. 11; 2023, c. 27, s. 215.

CHAPTER IV TRANSFERS OF TRANSPORTATION ASSETS AND FINANCING

2019, c. 15, c. IV.

12. Ville de Québec, CDPQ Infra inc. and the Société de transport de Québec must enter into an agreement for the transfer of the transportation assets resulting from the Network project, including, in particular, the tramway cars, buses, tracks, platforms, stations, workshops, garages, parking lots and tunnels.

An agreement entered into under the first paragraph must be approved by the Minister, who may approve it with or without amendment.

The Minister may determine the deadline for entering into an agreement. If no agreement providing for the transfer of the assets has been entered into by that deadline, the assets are transferred on the conditions and the date or dates determined by the Minister. In such a case, Ville de Québec or CDPQ Infra inc. must prepare all documents required for the transfer ahead of time. The documents must include the value of the transportation assets and the conditions for their transfer. The documents must be sent to the Minister for approval, who may approve them with or without amendment.

The registrar of the registration division concerned must register every statement signed by the director general and the secretary of the Société describing the property transferred under this section and declaring the right of ownership of the Société in the property.

The Minister may, by order, exempt certain transportation assets referred to in the first paragraph from the transfer obligation, or make other transportation assets of Ville de Québec that are related to them subject to the obligation.

For the purposes of the first paragraph, public highways and private roads open to public vehicular traffic within the meaning of the Highway Safety Code (chapter C-24.2) are not transportation assets.

2019, c. 15, s. 12; 2024, c. 40, s. 22.

13. Despite Ville de Québec’s borrowing power under section 543 of the Cities and Towns Act (chapter C-19), any long-term loan required to finance the transportation assets resulting from the Network project must be contracted by the Société de transport de Québec where a subsidy, referred to in section 1 of the Act respecting subsidies for the payment in capital and interest of loans of public or municipal bodies and certain other transfers (chapter S-37.01), is granted by the Gouvernement du Québec or one of its ministers for payment of the principal of and interest on the loan.

The Société may compensate Ville de Québec for sums the latter incurred for the Network project, up to the amount of the principal of the subsidy. If Ville de Québec and the Société fail to agree on the amount of compensation, the Minister may, if of the opinion that such compensation is justified, determine its amount and set the date for its payment.

Ville de Québec may not be designated a public body under section 4 of the Act respecting Financement-Québec (chapter F-2.01) for the financing of the Network project.

2019, c. 15, s. 13.

14. The Société de transport de Québec succeeds to the rights and obligations of Ville de Québec or CDPQ Infra inc., if applicable, with regard to the transferred assets. Any proceedings concerning those assets to which Ville de Québec or CDPQ Infra inc. is a party are continued by the Société without continuance of suit.

Despite the first paragraph, the Société does not succeed to the obligations of Ville de Québec or CDPQ Infra inc. with regard to loans contracted by the latter to finance the transferred assets.

The first and second paragraphs apply, with the necessary modifications, to assets transferred to Ville de Québec by CDPQ Infra inc.

2019, c. 15, s. 14; 2024, c. 40, s. 23.

CHAPTER V SERVITUDE

2019, c. 15, c. V.

15. Any road under the Minister’s or a municipality’s management that is crossed or bordered by tracks for the Network’s tramway, and any immovable under the Minister’s or a municipality’s authority that is deemed necessary by the Minister or municipality, as applicable, for the Minister’s or municipality’s purposes, are subject, without indemnity, to a servitude affecting the site required for the Network project or the operation, alteration or extension of the Network, from the making of an agreement specifying the terms and conditions of the servitude.

During the Network’s project phase, the agreement is entered into by Ville de Québec or CDPQ Infra inc. as well as the Société de transport de Québec and, as applicable, the Minister or municipality. Once the Network is operational, the agreement is entered into by the Société and, as applicable, the Minister or municipality.

Once the agreement has been entered into, Ville de Québec or CDPQ Infra inc., as applicable, and the Société may publish the servitude in the land register. Ville de Québec or CDPQ Infra inc., as applicable, during the Network’s project phase, or the Société, once the Network is operational, is required to publish the servitude if

(1)  the management of the road devolves to the Minister or a municipality under the Act respecting roads (chapter V-9);

(2)  the road is permanently closed; or

(3)  the servient land is disposed of without having been included in a road’s right of way.

The Minister or municipality, as applicable, must inform the Sociéte without delay, and must inform Ville de Québec or CDPQ Infra inc., as applicable, during construction of the Network, of a devolution, closure or disposition referred to in the third paragraph.

Registration of the servitude is obtained by filing a notice that describes the site of the servitude, states its terms and conditions and refers to this section.

In all cases, the servitude is extinguished with the dismantling of the Network.

2019, c. 15, s. 15; 2024, c. 40, s. 24.

CHAPTER VI AMENDING PROVISIONS

2019, c. 15, c. VI.

Charter of Ville de Québec, national capital of Québec

16. (Amendment integrated into c. C-11.5, s. 74.7).

2019, c. 15, s. 16.

Act respecting the exercise of certain municipal powers in certain urban agglomerations

17. (Amendment integrated into c. E-20.001, Title IV.1.1, s. 118.23.1).

2019, c. 15, s. 17.

Act to ensure safety in guided land transport

18. (Amendment integrated into c. S-3.3, s. 4).

2019, c. 15, s. 18.

Act respecting public transit authorities

19. (Amendment integrated into c. S-30.01, s. 154).

2019, c. 15, s. 19.

20. (Amendment integrated into c. S-30.01, s. 155).

2019, c. 15, s. 20.

21. (Amendment integrated into c. S-30.01, ss. 162.1 to 162.7).

2019, c. 15, s. 21.

CHAPTER VII MISCELLANEOUS AND FINAL PROVISIONS

2019, c. 15, c. VII.

22. The Railway Act (chapter C-14.1) does not apply to the Network.

2019, c. 15, s. 22; 2024, c. 40, s. 25.

22.1. Despite section 31.1 of the Environment Quality Act (chapter Q-2) and section 2 of the Regulation respecting the environmental impact assessment and review of certain projects (chapter Q-2, r. 23.1), the following activities for the Network construction project referred to in section 1 are not subject to the environmental impact assessment and review procedure and need not be subject to an authorization from the Government under section 31.5 of that Act:

(1)  any extension toward the Charlesbourg sector of the route connecting the Chaudière sector to the D’Estimauville sector, authorized by Order in Council 655-2022 dated 6 April 2022; and

(2)  the construction of a route connecting the Saint-Roch sector to the Charlesbourg sector.

Obtaining a prior authorization from the minister responsible for the environment under section 22 of the Environment Quality Act remains required insofar as the Network project includes one or more activities referred to in that section.

2024, c. 40, s. 26.

22.2. The authorizations related to the construction of the Network, including those issued under the Environment Quality Act (chapter Q-2), are transferred by operation of law to the body responsible under section 2.

The application of the first paragraph is equivalent to a transfer of authorization completed under section 31.0.2 and, if applicable, section 31.7.5 of the Environment Quality Act and produces the same effects.

All the processes related to obtaining an authorization under that Act are maintained and the body responsible under section 2 replaces the initial applicant by operation of law.

The initial applicant may not take part in judicial proceedings for any claims relating to the expenses incurred to obtain the authorizations transferred under this section.

2024, c. 40, s. 26.

23. Any act done by Ville de Québec since 1 January 2018 in connection with the Network project is deemed to have been done under this Act.

2019, c. 15, s. 23.

23.1. Ville de Québec succeeds to the rights and obligations of the Société de transport de Québec for any decision made by the Société regarding the Network project since 1 January 2018.

2024, c. 40, s. 27.

24. At the request of the Minister of Transport, the bodies responsible under section 2 and the Société de transport de Québec must provide the Minister with any document or information the Minister considers useful concerning the Network project or the operation of the Network.

2019, c. 15, s. 24; 2024, c. 40, s. 28.

25. The Minister of Transport must, not later than 45 days after 30 March and 30 September of each year and until the work for the Network project is completed, make public a progress report indicating whether, on each of those dates, the work is on schedule and within budget.

2019, c. 15, s. 25.

26. The Minister of Transport is responsible for the administration of this Act.

2019, c. 15, s. 26.

27. (Omitted).

2019, c. 15, s. 27.