(Provisions enacted under section 9)
1. Notwithstanding section 28 of the Cities and Towns Act (chapter C-19) and the Municipal Aid Prohibition Act (chapter I-15), the city may alienate, free of charge, for the owner of an adjoining immovable, a parcel of land of little value.
2. Notwithstanding section 56 of the Cities and Towns Act (chapter C-19), the council shall elect a councillor as acting mayor for the 12 ensuing months or until he is replaced; such acting mayor shall have the responsibilities, prerogatives and authority of the mayor, except in regard to the executive committee, where the mayor is absent from the city or unable to perform the duties of his office.
3. In addition to the basic remuneration provided for by the Act, the city may, by by-law, fix additional remuneration for the duties of leader of the Opposition and for the duties of leader of the governing party that are performed by council members within the city.
The provisions of the Act respecting the remuneration of elected municipal officers (chapter T-11.001) shall apply in respect of the additional remuneration so fixed as if the duties of leader of the Opposition and leader of the governing party were special duties within the meaning of that Act.
The leader of the governing party is the councillor designated by the political party with the greatest number of councillors on the city council.
The leader of the Opposition is the councillor designated by the political party with the second largest number of councillors on the city council; if several political parties are in that position, the leader of the Opposition is the councillor designated by the party that obtained the greatest number of votes.
For each of the designations provided for in the third and fourth paragraphs, a notice shall be submitted to the council by a councillor of the political party having made the designation. The designation may be modified at any time.
4. Notwithstanding paragraph f of section 70.8 of the Cities and Towns Act (chapter C-19), only leases for the rental of a movable or immovable property of a duration of more than five years will be the subject of a report by the executive committee to the city council.
5. Every communication between the city council and the departments shall be through the executive committee; in its relations with the committee, the council shall also act by resolution. The members of the council shall only address the director general for any information respecting the departments.
6. Every communication between the executive committee and the departments shall be through the director general; however, the executive committee may, at any time, call before it any director of a department to obtain information from him.
6.1. The executive committee may, in the manner it determines, alienate any property whose value does not exceed $10,000, on a report of the director general attesting the value of the property. The executive committee shall report to the council within 30 days after the alienation.
6.2. In the case of an act of God likely to endanger human life or health, to seriously damage municipal property or to cause financial harm greater than the planned expenditure, the mayor may order any expenditure he or she considers necessary and grant any contract necessary to rectify the situation.
In such a case, the mayor shall submit a reasoned report to the executive committee at the first meeting following the decision. The report shall be filed with the council at its next meeting.
6.3. The executive committee may grant subsidies of $100,000 or less and any form of assistance that does not exceed that amount.
6.4. Contracts within the jurisdiction of the council or the executive committee shall be signed on behalf of the city by the mayor and the clerk. The mayor may designate in writing, generally or specially, another member of the executive committee to sign contracts in his or her place. In such cases, for the purposes of the first paragraph of section 53 of the Cities and Towns Act (chapter C-19), the contract shall be presented to that other member rather than the mayor.
On the proposal of the mayor, the executive committee may authorize the director general, a department head or another designated officer, generally or specially, to sign contracts or documents of a nature the committee determines that are within the jurisdiction of the council or the executive committee, except by-laws and resolutions, and, in that case, may prescribe that certain contracts or documents or certain classes of contracts or documents do not require the clerk’s signature.
6.5. The clerk is authorized to amend any minutes, by-law, resolution, order or other act of the council or of the executive committee in order to correct an error that is obvious just by reading the documents provided in support of the decision or act. In such a case, the clerk shall attach the minutes of the correction to the original of the amended document and shall file a copy of the amended document and of the minutes of the correction at the following sitting of the council or the executive committee, as the case may be.
8. Notwithstanding section 328 of the Cities and Towns Act (chapter C-19), the council may, at the mayor’s request, designate one of its members as chairman. In the absence of the chairman, the council chooses another of its members to preside.
9. Notwithstanding the third paragraph of paragraph 20 of section 412 of the Cities and Towns Act (chapter C-19), the fine to be paid on the statement of offence shall not exceed the sum fixed by the council for an offence under a provision of any other by-law passed under this paragraph, except an offence under a provision adopted under paragraph 4, 5 or 8 of section 626 of the Highway Safety Code (chapter C-24.2), in which case the fine must be equal to the minimum prescribed in the said Code for an offence respecting the same matter.
10. The city may, by by-law of its council passed in accordance with section 412 of the Cities and Towns Act (chapter C-19), fix a tariff of costs for the removal or towing of a vehicle parked in violation of a provision adopted under the Cities and Towns Act or the Highway Safety Code (chapter C-24.2).
In every case in which it is provided that a vehicle may be removed or towed for a parking offence, the amount prescribed under the first paragraph may be claimed on the statement of offence and collected by the collector in accordance with sections 321, 322 and 327 to 331 of the Code of Penal Procedure (chapter C-25.1).
11. The council may order, in a by-law on fire prevention passed in accordance with paragraph 22 of section 412 of the Towns and Cities Act (chapter C-19), that all or part of a code of standards on fire prevention constitutes all or part of the by-law. It may also prescribe that amendments to that code or a relevant part of it made after the coming into force of the by-law are also part of it without having to pass a by-law to prescribe the applicability of every amendment made. Such an amendment comes into force in the municipality on the date fixed by a resolution by the council; the city clerk shall give public notice of the passing of such a resolution in conformity with the law. The code or the applicable part of it is attached to the by-law and is part of it.
12. For the application of subparagraph b of paragraph 44.1 of section 412 of the Cities and Towns Act (chapter C-19), the city by-law may also allow the city to claim the reimbursement of the cost it may incur where an alarm system is defective or is set off by mistake.
13. The city may, by by-law passed in accordance with section 412 of the Cities and Towns Act (chapter C-19), require the owner, tenant or occupant of any immovable or category of immovables to provide the immovable with any construction item, device, mechanism, alarm system, apparatus or equipment designed to provide for or safeguard the safety of persons or to prevent crime, and to maintain them constantly in perfect working order.
14. The city may, by by-law passed in accordance with section 412.2 of the Cities and Towns Act (chapter C-19), determine the conditions of occupancy and maintenance of a building and require, whenever such building is decrepit or dilapidated, the carrying out of restoration, repair and maintenance works; provide for the procedure by which the person whose immovable does not conform to the by-laws is notified of the works to be carried out to make the immovable in conformity; determine the period within which such person may lodge an appeal before the committee; give to such committee authority to confirm, amend or annul the decision of the person who has served notice of a failure to conform to the by-law; provide that such works be charged to the person designated in the notice and, in cases where the owner of the immovable refuses to carry out the works, prescribe that the city may carry them out and recover the cost thereof; the cost of such works constitutes a prior claim on the immovable on which the works were carried out, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code.
15. The city may, by by-law:
(1) provide for use by the general public of spaces or buildings established in accordance with paragraph 6 of section 415 of the Cities and Towns Act (chapter C-19) or lease such spaces on an exclusive basis to certain persons;
(2) regulate or prohibit parking on any land or in any building belonging to the city, provided that the regulation or prohibition is indicated by means of the proper signs or signals; and
(3) prohibit the drivers of motor vehicles from parking or leaving their vehicles on private residential land without the authorization of the owner or occupant of the land, provide for the towing and storage of such vehicles at their owners’ expense and require the prior submission of a written complaint of the offence from the owner or occupant of the land, or from the representative of such owner or occupant.
16. The city, in a by-law passed under paragraph 5 of section 460 of the Cities and Towns Act (chapter C-19), may impose requirements on the persons referred to in that paragraph regarding, in particular, the keeping of records relating to their transactions, the disclosure of such records, the issue, within certain time limits and in accordance with certain forms, of extracts from such records to any municipal officer charged with the application of the by-law, the content of such extracts, and the manner of preserving articles that are the subject of such transactions, and to revoke licences, subject to the conditions prescribed by by-law, following the holder’s refusal to comply with any demand or order, without prejudice to the imposition of any fine, penalty or other proceedings or lawful claim.
For the purposes of the by-law referred to in the first paragraph, every merchant other than a jeweller who buys precious metals, precious stones or jewelry of any kind from a person other than a dealer in similar articles is deemed to be a second-hand dealer or a dealer in bric-a-brac.
17. The city may regulate shops where articles of an erotic character are sold or offered for sale and massage parlours.
18. For the purposes of section 536 of the Cities and Towns Act (chapter C-19) and notwithstanding the second paragraph of that section, the city may bid up to the amount of the municipal assessment of the immovable.
20. The council may, by by-law and in accordance with section 19 of the Act to amend the charter of the city of Hull (1996, c. 86) which continues to apply, fix at 2 :00 a.m. the time at which bar permits must cease to be operated in the territory designated by the by-law.
21. The council may, by by-law, adopt a program to grant, subject to the terms and conditions determined in the by-law, a tax credit related to the setting up or enlarging of a high technology establishment in the territory described in the sixth paragraph.
For the purposes of this section, the expression “high technology” refers in particular to the aerospace, telecommunications, biotechnology, pharmacology, computer, electronics, microelectronics, optoelectronics, robotics, optics and laser fields. “High technologies” means a use having as its main activity:
That expression also includes establishments in other fields whose main activity is:
(1) scientific or technological research or development;
(2) scientific or technological training;
(3) the administration of a technological enterprise; or
(4) the manufacturing of technological products, including scientific research and experimental development.
A by-law passed under this section may not provide for a tax credit for a period exceeding five years; the eligibility period for the program may not extend beyond 31 December 2006.
The effect of the tax credit shall be to offset any increase in property taxes that may result from a reassessment of the immovables after completion of the work. For the fiscal year in which the work is completed and for the next two fiscal years, the amount of the tax credit shall be the difference between the amount of the property taxes that would have been payable if the assessment of the immovables had not been changed and the amount of the property taxes actually payable. For the next two fiscal years, the amount of the tax credit shall be, respectively, 80 % and 60 % of the amount of the tax credit for the first fiscal year.
The by-law provided for in the first paragraph may only be adopted and, where applicable, shall only apply if the city’s zoning by-law provides that in the case of the main activities referred to in subparagraphs 1 and 4 of the second paragraph, the use must occupy a gross floor area reserved and intended for scientific research and experimental development that is equal to at least 15 % of the total gross floor area occupied or intended to be occupied for that use. The zoning by-law must also provide that no use having as its main activity one of the activities referred to in subparagraphs 2 and 3 of the second paragraph may be authorized for more than 30 % of the territory described in the sixth paragraph.
The territory on which the first paragraph applies consists of spaces intended for business and technology in the land use planning and development plan of the Communauté urbaine de l’Outaouais and designated as being the Technoparc de Hull (pole no. 201), the Parc d’Aylmer and the industrial park on Chemin Pink in Hull (pole no. 102), the business and technology park in Gatineau (pole no. 303), the aeropark in Gatineau (pole no. 304), the Parc d’affaires du plateau in Hull (pole no. 203), the Pôle multifonctionnel de Hull (pole no. 206), the Pôle multifonctionnel de Gatineau (pole no. 302), and the Pôle multifonctionnel d’Aylmer (pole no. 103).
22. The council may, by by-law, adopt a program to grant, subject to the terms and conditions determined in the by-law, a tax credit related to the setting up or enlargement of offices of national or international associations or organizations in its territory.
A by-law passed under this section may not provide for a tax credit for a period exceeding five years.
The effect of the tax credit shall be to offset any increase in property taxes that may result from a reassessment of the immovables after completion of the work. The tax credit applies to the difference between the amount of property taxes that would be due had the assessment of the immovables not been modified and the amount of taxes actually due. It varies from year to year, in proportion to the occupancy of the immovable by the eligible activities, according to the following calculation rule:
(1) for the fiscal year in which the work is completed and for the two following fiscal years, the tax credit shall be 20 % of the difference between the amounts of property taxes for each 10 % of occupancy of the immovable, up to a maximum credit representing 100 % of that difference;
(2) for the fourth fiscal year, the credit shall be 15 % for each 10 % of occupancy, up to a maximum of 75 % of the difference between the tax amounts;
(3) for the fifth and last fiscal year, the credit shall be 10 % per 10 % of occupancy, up to a maximum of 50 % of the difference between the tax amounts.
23. The city may, in a by-law passed in accordance with subparagraph 9 of section 113 of the Act respecting land use planning and development (chapter A-19.1), prescribe the number and width of places where vehicles must have access to a landsite and prohibit such openings on certain boulevards or public places.
24. The city may, after a public call for tenders and on the conditions it determines, enter into any agreement with a view to the construction, establishment and financing of a recreation centre on the land described in the Schedule to the Act respecting Ville de Gatineau (1995, c. 80), which remains in force for that purpose.
For the purposes of the first paragraph, sections 1 to 3 of the Municipal Works Act (chapter T-14) and sections 573 and 573.1 of the Cities and Towns Act (chapter C-19) do not apply.
However, any resolution of the council authorizing a convention relating to the recreation centre referred to under which the city makes a financial commitment for a period exceeding five years must be approved by the persons qualified to vote in the entire territory of the city in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2) before the convention is submitted to the Minister of Municipal Affairs, Sports and Recreation for approval.
25. The city is authorized to sell to the Centre d’accueil de Gatineau, for the price of $1,000 in cash and other considerations, lots 19C-73 to 19C-76, lot 19C-182-3 and part of lot 19C-182-2 of Rang I of the cadastre of Canton de Templeton, such part measuring 56 feet in width and 121.7 feet in length and being limited to the west by Rue Maple, to the east by lot 19C-182-3, to the south by lots 19C-75 and 19C-76 and to the north by the remainder of the said lot 19C-182-3, such sale being then deemed made for valuable consideration subject to the other conditions and formalities prescribed in section 26 of the Cities and Towns Act (chapter C-19).
26. Section 55 of the Act to revise the charter of the city of Hull (1975, c. 94), amended by section 1 of the Act to amend the charter of the city of Hull, as well as Schedule II to that Act concerning the establishment and operation of a convention centre, remain in force.
The first paragraph does not have for effect to restrict powers granted to the city or to any municipality under sections 471.0.5 and 471.0.6 of the Cities and Towns Act (chapter C-19).
27. Section 3 of the Act to amend the charter of the city of Hull (1962, c. 65) remains in force.
28. Concerning the pension plan of members of the council who are in office at the time of coming into force of this Act, the election of 2 February 1975 is deemed to have been held on the first Sunday of November 1974. Sections 5 and 6 have been in effect since 2 February 1975.
29. In case of incompatibility between a provision of this Schedule and a provision in the city’s Charter, the former prevails.
30. No provision of this Schedule or any provision kept in force by this Schedule, has for effect to restrict the scope of a provision contained in any Act applicable to the city or to any municipality in general or to one of their bodies or agencies for the sole reason that it is similar to such a provision but is written in more specific terms.