O-7.3 - Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area

Full text
chapter O-7.3
Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area
ORGANIZATION AND GOVERNANCE OF SHARED TRANSPORTATION - MONTRÉALMay 20 2016May 20 2016
LE PARLEMENT DU QUÉBEC DÉCRÈTE CE QUI SUIT :
PART I
PURPOSE
1. This Act modifies the organization and governance of shared transportation in the Montréal metropolitan area by introducing a new sharing of powers to foster the mobility of persons, in particular through the establishment of two bodies, one devoted to the planning of services, the other to the operation of some of those services.
2016, c. 82016, c. 8, s. 1.
2. The measures introduced by this Act for the Montréal metropolitan area are aimed, in particular, at
(1)  defining a long-term, coherent vision for shared transportation services and for their improvement and development;
(2)  ensuring adequate and optimal planning of those services by coordinating them and fostering best practices, in particular by taking into account the principles of sustainable development, in order to increase the efficiency and effectiveness of the various transit systems;
(3)  fostering and simplifying access to the various user services, including those for mobility impaired persons, by focusing on transit intermodality and ensuring fare integration;
(4)  facilitating collaboration and cohesion between the various shared transportation stakeholders and the local municipalities; and
(5)  fostering the reduction of the carbon footprint.
2016, c. 82016, c. 8, s. 2.
PART II
ENACTMENT OF THE ACT RESPECTING THE AUTORITÉ RÉGIONALE DE TRANSPORT MÉTROPOLITAIN
3. The Act respecting the Autorité régionale de transport métropolitain (chapter A-33.3) is enacted.
2016, c. 82016, c. 8, s. 3.
PART III
ENACTMENT OF THE ACT RESPECTING THE RÉSEAU DE TRANSPORT MÉTROPOLITAIN
4. The Act respecting the Réseau de transport métropolitain (chapter R-25.01) is enacted.
2016, c. 82016, c. 8, s. 4.
PART IV
TRANSITION COMMITTEE
CHAPTER I
INTERPRETATION
5. For the purposes of this Part, a “public transit operating authority” is
(1)  the Agence métropolitaine de transport;
(2)  the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal;
(3)  any intermunicipal board of transport established under section 2 or 8 of the Act respecting intermunicipal boards of transport in the area of Montréal (chapter C-60.1);
(4)  the Conseil régional de transport de Lanaudière established under section 18.13 of that Act;
(5)  Ville de Sainte-Julie, when acting under section 48.18 of the Transport Act (chapter T-12);
(6)  Municipalité régionale de comté de L’Assomption, when acting under section 48.18 of the Transport Act; and
(7)  Municipalité régionale de comté des Moulins, when acting under section 48.18 of the Transport Act.
2016, c. 82016, c. 8, s. 5.
CHAPTER II
COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE
6. A transition committee composed of five members, of whom three are designated by the Minister and two by the Communauté métropolitaine de Montréal, is constituted, effective 20 May 2016.
The Minister designates one of the committee members as chair.
2016, c. 82016, c. 8, s. 6.
7. The committee is a legal person and a mandatary of the State.
The committee’s property forms part of the domain of the State but the performance of its obligations may be levied against its property.
The committee binds only itself when it acts in its own name.
2016, c. 82016, c. 8, s. 7.
8. The committee’s head office is located at the place determined by the Minister. Notice of the location and of any change in location of the head office must be published in the Gazette officielle du Québec and, at the same time, posted on the Minister’s website.
2016, c. 82016, c. 8, s. 8.
9. Each committee member is paid the remuneration and allowances determined by the Minister.
The Minister may determine any other conditions of employment of a member as well as the rules governing the reimbursement of expenses incurred by the member in the exercise of his or her functions.
All sums determined by the Minister that are required for the payment of remuneration, allowances and the reimbursement of expenses are debited from the Land Transportation Network Fund.
2016, c. 82016, c. 8, s. 9.
10. No deed, document or writing binds the committee unless it is signed by the chair or, to the extent determined in the committee’s by-laws, by a member of the committee’s personnel.
The committee may allow, on the conditions and on the documents it determines in its by-laws, that a signature be affixed by means of an automatic device or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized by the chair.
2016, c. 82016, c. 8, s. 10.
11. The committee may hire the employees required to exercise its responsibilities and determine their conditions of employment. It may also retain the expert services it considers necessary.
2016, c. 82016, c. 8, s. 11.
12. No judicial proceedings may be brought against the committee’s members or employees for an official act performed in good faith in the exercise of their functions.
Any liability that may be connected with the protection of the members and employees of the committee is assumed by the Government.
2016, c. 82016, c. 8, s. 12.
13. The Minister may, on the conditions and in accordance with the terms determined by the Minister, grant the committee any sum the Minister considers necessary for its operation. Such sums are debited from the Land Transportation Network Fund.
Any decision made by the committee to borrow money must be approved by the Minister. The rate of interest and other conditions of the loan must be authorized by the Minister of Finance.
2016, c. 82016, c. 8, s. 13.
14. Unless the Government decides otherwise, the committee’s mandate ends on the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3).
2016, c. 82016, c. 8, s. 14.
15. The committee’s rights and obligations that do not become those of the Autorité régionale de transport métropolitain or the Réseau de transport métropolitain become those of the Minister, or of the Minister of Finance in the case of rights or debts of a financial institution or relating to a financial instrument or contract designated by the Government.
The Minister or the Minister of Finance, as applicable, becomes, without continuance of suit, a party to any proceeding to which the committee was party with regard to the rights the Minister acquires and the debts and other obligations the Minister assumes.
Assets and liabilities resulting from obligations that become obligations of the Minister become assets and liabilities of the Land Transportation Network Fund.
2016, c. 82016, c. 8, s. 15.
16. The committee’s debts that become debts of the Minister of Finance are debts referred to in section 10 of the Financial Administration Act (chapter A-6.001).
The Minister of Finance may transfer to the general fund, out of the sums credited to the Land Transportation Network Fund, any sum corresponding to a sum taken out of the Consolidated Revenue Fund for the payment of the debts.
2016, c. 82016, c. 8, s. 16.
CHAPTER III
MISSION OF THE TRANSITION COMMITTEE
17. The mission of the transition committee is
(1)  to establish, with the directors and employees of the public transit operating authorities and those of the Communauté métropolitaine de Montréal, conditions to facilitate, for users of transportation systems in the Montréal metropolitan area, the transition to the new organization and governance scheme;
(2)  to see to it that the Autorité régionale de transport métropolitain and the Réseau de transport métropolitain are set up;
(3)  to foster the implementation of the new shared transportation framework for the Montréal metropolitan area as well as the new governance rules;
(4)  to ensure that the Authority and the Network take over the responsibilities currently assumed by the public transit operating authorities; and
(5)  to establish, in accordance with section 28, the first expertise and experience profiles for Authority and Network board members.
2016, c. 82016, c. 8, s. 17.
CHAPTER IV
OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE
DIVISION I
OPERATION AND POWERS
18. Committee decisions are made at committee meetings.
The quorum at committee meetings is the majority of the committee’s members.
2016, c. 82016, c. 8, s. 18.
19. Subject to the second paragraph of section 24, the committee must, in the course of its mandate, provide the public transit operating authorities with any information it considers relevant to keep them informed on the carrying out of its mission.
The Minister may issue directives to the committee in that respect.
2016, c. 82016, c. 8, s. 19.
20. The committee may adopt by-laws establishing its rules of operation.
2016, c. 82016, c. 8, s. 20.
21. The committee may form any sub-committee for the examination of particular matters, determine its mode of operation and designate the members, including the person who is to chair the sub-committee.
A person who is not a member of the committee may also be designated as a member of a sub-committee.
2016, c. 82016, c. 8, s. 21.
22. The chair of the committee may entrust to one or more members of the committee or, if applicable, of a sub-committee the exercise of certain functions or the examination of any matter the chair specifies.
2016, c. 82016, c. 8, s. 22.
23. The committee may require a public transit operating authority, the Communauté métropolitaine de Montréal or any body established by them to provide information or submit documents belonging to them which the committee considers necessary to consult.
The committee may also require a public transit operating authority or the Community or any body established by them to submit a report on a decision or matter that is related to the committee’s mission and concerns the organization, financing or operation of shared transportation services or other modes of transportation or the staff of the authority, Community or body, or any person assigned to those functions.
2016, c. 82016, c. 8, s. 23.
24. Section 23 applies despite the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).
Committee and sub-committee members and committee employees are required to ensure the confidentiality of the documents and information obtained under section 23.
2016, c. 82016, c. 8, s. 24.
25. The committee may, when it considers it necessary for the pursuit of its mission, use the services of an employee of a public transit operating authority, the Communauté métropolitaine de Montréal or any body established by them. The committee may designate the employee whose services are required. The committee and the employer must agree on the costs to be paid by the committee for the use of the services. However, the employer must place the designated employee at the disposal of the committee as of the time specified by the committee, despite the absence of an agreement respecting the costs to be paid by the committee for the services.
The employees seconded to the committee remain in the employment of the public transit operating authority, the Community or any body established by them, as applicable, are remunerated by their employer and are governed by the same conditions of employment during the secondment.
2016, c. 82016, c. 8, s. 25.
26. All board members and employees of a public transit operating authority, the Communauté métropolitaine de Montréal or any body established by them must cooperate with committee members or employees acting in the exercise of their functions.
No body referred to in the first paragraph may prohibit or otherwise prevent its employees from cooperating with the committee acting in the pursuit of its mission, or take or threaten to take any disciplinary measure against them for having cooperated with the committee.
Section 123 of the Act respecting labour standards (chapter N-1.1) applies, with the necessary modifications, to any employee who believes he or she has been the victim of a practice prohibited by the second paragraph.
2016, c. 82016, c. 8, s. 26.
27. Every decision by which a public transit operating authority makes a financial commitment for a period extending beyond the date preceding the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3) for expenditures related to the functions conferred on the Autorité régionale de transport métropolitain or the Réseau de transport métropolitain must be authorized by the committee.
Any collective agreement or contract of employment entered into or amended by a public transit operating authority must be authorized by the committee if the effect of the agreement or contract is to increase expenditures relating to the employees’ remuneration and employee benefits.
The committee may, at all times, adopt rules to wholly or partially exempt a public transit operating authority from the obligation to obtain the authorization required under the first paragraph. Such rules may, in particular, define monetary thresholds, classes of contracts and periods.
The committee may, exceptionally, approve a decision, collective agreement or contract of employment regarding which an authorization is required under the first or second paragraph. The approval of the committee is deemed to constitute such an authorization.
2016, c. 82016, c. 8, s. 27.
DIVISION II
RESPONSIBILITIES
§ 1.  — Expertise and experience profiles
28. The committee establishes the first expertise and experience profiles for board members of the Autorité régionale de transport métropolitain and of the Réseau de transport métropolitain.
The committee ensures, in particular, that the members of each board collectively have suitable expertise and experience in the fields of
(1)  transportation;
(2)  land use planning, urban planning and the environment;
(3)  accounting and financial management;
(4)  strategic planning; and
(5)  law.
2016, c. 82016, c. 8, s. 28.
§ 2.  — Reassignment of employees
29. The committee may examine the circumstances of the hiring, after 12 November 2015, of employees of a public transit operating authority assigned to functions conferred on the Autorité régionale de transport métropolitain or the Réseau de transport métropolitain by one of the Acts enacted by sections 3 and 4. The committee may make any recommendation with regard to such employees to the Minister and the Communauté métropolitaine de Montréal.
2016, c. 82016, c. 8, s. 29.
30. The committee must come to an agreement, within the time prescribed by the Minister, with all certified associations within the meaning of the Labour Code (chapter C-27) that represent the employees in the employment of a public transit operating authority who are assigned to functions conferred on the Autorité régionale de transport métropolitain or the Réseau de transport métropolitain by one of the Acts enacted by sections 3 and 4, on the procedure for the reassignment of those employees as members of the personnel of the Authority or the Network and on the rights of and remedies available to employees who believe they have been wronged as a consequence of the application of that procedure.
The parties may also agree on conditions of employment incidental to the reassignment of employees.
An agreement entered into under this section may not provide for conditions of employment that entail higher costs than those entailed by the application of the conditions of employment applicable on 20 May 2016, or increase the workforce.
The Minister may grant additional time at the request of the committee or of a certified association.
The provisions for the reassignment of employees are the provisions relating to the application of the assignment process provided for in the applicable conditions of employment or, where there is no such process, the provisions that allow employees to be assigned a position or a place of employment.
2016, c. 82016, c. 8, s. 30.
31. If no agreement is reached on all the matters referred to in the first and second paragraphs of section 30 within the prescribed time, the Minister informs the Minister of Labour, Employment and Social Solidarity, who then notifies the parties that he or she is submitting the disagreement for mediation-arbitration.
The Minister of Labour, Employment and Social Solidarity may authorize mediation-arbitration for a particular disagreement or a group of disagreements relating to the determination of the reassignment procedure concerning a class of employment or a group of employees, provided the parties apply for such authorization from that Minister within 10 days after receiving the notice.
An application to submit a disagreement to a mediator-arbitrator may also be filed by the parties before the expiry of the time referred to in the first paragraph if they consider it unlikely that they will come to an agreement before that date. In such a case, the Minister of Labour, Employment and Social Solidarity notifies the parties and the Minister that the disagreement is being submitted to a mediator-arbitrator.
Sections 76 and 77 of the Labour Code (chapter C-27) apply, with the necessary modifications, to the choice of a mediator-arbitrator. The time limit prescribed in section 77 of that Code runs from the date the authorization is given under the second paragraph, if applicable.
2016, c. 82016, c. 8, s. 31.
32. Before proceeding with arbitration, the mediator-arbitrator must attempt to bring the parties to an agreement on the matters referred to in section 31 on which no agreement has been reached.
The mediator-arbitrator must proceed with arbitration on the matters on which no agreement has been reached before or during the mediation if, in the opinion of the mediator-arbitrator, there is no likelihood of the parties reaching agreement within a reasonable time. In such a case, the mediator-arbitrator informs the parties and the Minister.
2016, c. 82016, c. 8, s. 32.
33. The first paragraph of sections 79 and 80 and sections 81 to 89, 91, 91.1, 93 and 139 to 140 of the Labour Code (chapter C-27) apply, with the necessary modifications and subject to sections 31, 32, 34 and 36 to 38 of this Act, to the arbitration.
2016, c. 82016, c. 8, s. 33.
34. The Regulation respecting the remuneration of arbitrators (chapter C-27, r. 6) applies to the mediation-arbitration as if it were a dispute referred to arbitration under section 75 of the Labour Code (chapter C-27), with the necessary modifications. Among other modifications, the hours spent on mediation are remunerated as if it were a pre-hearing conference.
The certified associations are responsible for determining among themselves the share of the mediator-arbitrator’s remuneration they must pay. However, those associations are solidarily liable for paying that share.
2016, c. 82016, c. 8, s. 34.
35. The mediator-arbitrator proceeds with arbitration on examination of the record. The mediator-arbitrator may hold arbitration hearings if he or she considers it necessary.
2016, c. 82016, c. 8, s. 35.
36. The parties may agree at any time on any of the matters on which there has been disagreement. The agreement must be consigned in the arbitration award, which may not amend it.
2016, c. 82016, c. 8, s. 36.
37. The mediator-arbitrator determines the reassignment procedure and the rights of and remedies available to employees who believe they have been wronged as a consequence of that procedure.
The mediator-arbitrator may also decide on any condition of employment that he or she believes is incidental to an employee’s reassignment.
The award may not provide conditions of employment that entail higher costs than those entailed by the application of the conditions of employment applicable on 20 May 2016 or increase the staffing levels.
2016, c. 82016, c. 8, s. 37.
38. The mediator-arbitrator must render the award not later than the date prescribed by the Minister.
If the Minister considers that exceptional circumstances justify it, the Minister may, at the request of the mediator-arbitrator, grant an extension to not later than the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3) at the latest.
2016, c. 82016, c. 8, s. 38.
39. The arbitration award is binding on the associations that have been certified to represent the employees of the public transit operating authorities concerned, the committee, the Autorité régionale de transport métropolitain and the Réseau de transport métropolitain.
If a collective agreement is in force, the award operates to amend the agreement. If the renewal of the collective agreement is being negotiated, the provisions of the award are, as of the date on which the award takes effect, deemed to form part of the last collective agreement. If a first collective agreement is being negotiated, the provisions of the award amend the applicable conditions of employment.
2016, c. 82016, c. 8, s. 39.
40. The committee must also prepare every plan for the reassignment of public transit operating authority employees assigned to functions conferred on the Autorité régionale de transport métropolitain or the Réseau de transport métropolitain by one of the Acts enacted by sections 3 and 4 and not represented by a certified association, and set out the terms governing the rights of and remedies available to employees who believe they have been wronged as a consequence of the application of the reassignment plan.
A plan prepared under the first paragraph applies to the Authority or the Network as of the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3).
2016, c. 82016, c. 8, s. 40.
§ 3.  — Transfer of assets and liabilities
41. The committee must identify which of the assets and liabilities of the Agence métropolitaine de transport relating to the functions conferred on the Autorité régionale de transport métropolitain or the Réseau de transport métropolitain by this Act are to be transferred to either of those new bodies. The committee sends its recommendations to the Government to allow the latter to determine the value and conditions of the transfer.
The committee must also identify which of the assets and liabilities of the Communauté métropolitaine de Montréal, the Société de transport de Laval, the Société de transport de Longueuil and the Société de transport de Montréal relating to functions conferred on the Authority by this Act are to be transferred to the Authority. The committee determines the value and conditions of the transfer.
The committee must also identify which of the assets and liabilities of any other public transit operating authority referred to in section 5 relating to functions conferred on the Authority or the Network by this Act are to be transferred to either of those new bodies. The committee determines the value and conditions of the transfer.
2016, c. 82016, c. 8, s. 41.
§ 4.  — First financing plan and first budgets
42. The committee must prepare the first financing policy of the Autorité régionale de transport métropolitain as well as the Authority’s budget estimates for the first fiscal year, which must be consistent with that policy.
The committee must also prepare the budget estimates for the first fiscal year of the Réseau de transport métropolitain.
In fulfilling the obligations under the first and second paragraphs, the committee takes into account the services provided to users of shared transportation services by public transit operating authorities for the previous fiscal year.
2016, c. 82016, c. 8, s. 42.
§ 5.  — Other responsibilities
43. For the purposes of section 26 of the Act respecting the Réseau de transport métropolitain (2016, chapter 8, section 4; after integration to Compilation, chapter R-25.01), the chair of the committee acts in place of the Network’s secretary.
2016, c. 82016, c. 8, s. 43.
44. The committee must examine any other matter or carry out any other mandate the Minister may entrust to the committee in the pursuit of its mission.
2016, c. 82016, c. 8, s. 44.
45. The committee must, at the end of its mandate and at any time the Minister requests, report to the Minister on its activities.
2016, c. 82016, c. 8, s. 45.
46. The committee must also provide the Minister with any information the Minister may require on its activities.
2016, c. 82016, c. 8, s. 46.
PART V
AMENDING PROVISIONS
ACT RESPECTING EQUAL ACCESS TO EMPLOYMENT IN PUBLIC BODIES
47. (Amendment integrated into c. A-2.01, s. 2).
2016, c. 82016, c. 8, s. 47.
FINANCIAL ADMINISTRATION ACT
48. (Amendment integrated into c. A-6.001, Schedule 2).
2016, c. 82016, c. 8, s. 48.
ACT RESPECTING THE AGENCE MÉTROPOLITAINE DE TRANSPORT
49. (Omitted).
2016, c. 82016, c. 8, s. 49.
BUILDING ACT
50. (Amendment integrated into c. B-1.1, s. 65.4).
2016, c. 82016, c. 8, s. 50.
HIGHWAY SAFETY CODE
51. (Not in force).
2016, c. 82016, c. 8, s. 51.
52. (Amendment integrated into c. C-24.2, s. 214.0.2).
2016, c. 82016, c. 8, s. 52.
53. (Not in force).
2016, c. 82016, c. 8, s. 53.
54. (Not in force).
2016, c. 82016, c. 8, s. 54.
55. (Not in force).
2016, c. 82016, c. 8, s. 55.
56. (Not in force).
2016, c. 82016, c. 8, s. 56.
57. (Not in force).
2016, c. 82016, c. 8, s. 57.
58. (Not in force).
2016, c. 82016, c. 8, s. 58.
ACT RESPECTING THE COMMUNAUTÉ MÉTROPOLITAINE DE MONTRÉAL
59. (Amendment integrated into c. C-37.01, s. 96.1).
2016, c. 82016, c. 8, s. 59.
60. (Amendment integrated into c. C-37.01, s. 119).
2016, c. 82016, c. 8, s. 60.
61. (Amendment integrated into c. C-37.01, heading of Division VI of Chapter III).
2016, c. 82016, c. 8, s. 61.
62. (Amendment integrated into c. C-37.01, s. 158).
2016, c. 82016, c. 8, s. 62.
63. (Omitted).
2016, c. 82016, c. 8, s. 63.
ACT RESPECTING INTERMUNICIPAL BOARDS OF TRANSPORT IN THE AREA OF MONTRÉAL
64. (Omitted).
2016, c. 82016, c. 8, s. 64.
ACT RESPECTING THE EXERCISE OF CERTAIN MUNICIPAL POWERS IN CERTAIN URBAN AGGLOMERATIONS
65. (Omitted).
2016, c. 82016, c. 8, s. 65.
66. (Amendment integrated into c. E-20.001, s. 118.95).
2016, c. 82016, c. 8, s. 66.
67. (Amendment integrated into c. E-20.001, s. 118.96).
2016, c. 82016, c. 8, s. 67.
ACT TO SECURE HANDICAPPED PERSONS IN THE EXERCISE OF THEIR RIGHTS WITH A VIEW TO ACHIEVING SOCIAL, SCHOOL AND WORKPLACE INTEGRATION
68. (Amendment integrated into c. E-20.1, s. 67.1).
2016, c. 82016, c. 8, s. 68.
ACT RESPECTING MUNICIPAL TAXATION
69. (Amendment integrated into c. F-2.1, s. 204).
2016, c. 82016, c. 8, s. 69.
70. (Amendment integrated into c. F-2.1, s. 236).
2016, c. 82016, c. 8, s. 70.
PUBLIC INFRASTRUCTURE ACT
71. (Amendment integrated into c. I-8.3, s. 3).
2016, c. 82016, c. 8, s. 71.
72. (Amendment integrated into c. I-8.3, s. 6).
2016, c. 82016, c. 8, s. 72.
ACT RESPECTING THE MINISTÈRE DES TRANSPORTS
73. (Amendment integrated into c. M-28, s. 11).
2016, c. 82016, c. 8, s. 73.
74. (Amendment integrated into c. M-28, s. 11.1).
2016, c. 82016, c. 8, s. 74.
75. (Amendment integrated into c. M-28, s. 11.1.2).
2016, c. 82016, c. 8, s. 75.
76. (Amendment integrated into c. M-28, chapter I.2).
2016, c. 82016, c. 8, s. 76.
77. (Amendment integrated into c. M-28, s. 12.30).
2016, c. 82016, c. 8, s. 77.
78. (Amendment integrated into c. M-28, s. 12.32.1).
2016, c. 82016, c. 8, s. 78.
79. (Amendment integrated into c. M-28, s. 12.32.1.1).
2016, c. 82016, c. 8, s. 79.
ACT TO ENSURE THE OCCUPANCY AND VITALITY OF TERRITORIES
80. (Amendment integrated into c. O-1.3, s. 4).
2016, c. 82016, c. 8, s. 80.
ACT RESPECTING THE PROCESS OF NEGOTIATION OF THE COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS
81. (Amendment integrated into c. R-8.2, Schedule C).
2016, c. 82016, c. 8, s. 81.
ACT RESPECTING THE PENSION PLAN OF ELECTED MUNICIPAL OFFICERS
82. (Amendment integrated into c. R-9.3, s. 18).
2016, c. 82016, c. 8, s. 82.
ACT RESPECTING THE SOCIÉTÉ DE FINANCEMENT DES INFRASTRUCTURES LOCALES DU QUÉBEC
83. (Amendment integrated into c. S-11.0102, s. 6).
2016, c. 82016, c. 8, s. 83.
ACT RESPECTING THE SOCIÉTÉ DE L’ASSURANCE AUTOMOBILE DU QUÉBEC
84. (Amendment integrated into c. S-11.011 s. 2).
2016, c. 82016, c. 8, s. 84.
ACT RESPECTING PUBLIC TRANSIT AUTHORITIES
85. (Amendment integrated into c. S-30.01, s. 3).
2016, c. 82016, c. 8, s. 85.
86. (Amendment integrated into c. S-30.01, s. 4).
2016, c. 82016, c. 8, s. 86.
87. (Amendment integrated into c. S-30.01, s. 5).
2016, c. 82016, c. 8, s. 87.
88. (Amendment integrated into c. S-30.01, s. 16.2).
2016, c. 82016, c. 8, s. 88.
89. (Amendment integrated into c. S-30.01, s. 64).
2016, c. 82016, c. 8, s. 89.
90. (Amendment integrated into c. S-30.01, s. 65).
2016, c. 82016, c. 8, s. 90.
91. (Amendment integrated into c. S-30.01, s. 78).
2016, c. 82016, c. 8, s. 91.
92. (Amendment integrated into c. S-30.01, s. 78.1).
2016, c. 82016, c. 8, s. 92.
93. (Amendment integrated into c. S-30.01, s. 87).
2016, c. 82016, c. 8, s. 93.
94. (Amendment integrated into c. S-30.01, s. 89.1).
2016, c. 82016, c. 8, s. 94.
95. (Amendment integrated into c. S-30.01, s. 90).
2016, c. 82016, c. 8, s. 95.
96. (Amendment integrated into c. S-30.01, s. 116).
2016, c. 82016, c. 8, s. 96.
97. (Amendment integrated into c. S-30.01, s. 130).
2016, c. 82016, c. 8, s. 97.
98. (Amendment integrated into c. S-30.01, s. 130.1).
2016, c. 82016, c. 8, s. 98.
99. (Amendment integrated into c. S-30.01, s. 131).
2016, c. 82016, c. 8, s. 99.
100. (Amendment integrated into c. S-30.01, s. 132).
2016, c. 82016, c. 8, s. 100.
101. (Amendment integrated into c. S-30.01, s. 133).
2016, c. 82016, c. 8, s. 101.
102. (Amendment integrated into c. S-30.01, s. 134).
2016, c. 82016, c. 8, s. 102.
103. (Amendment integrated into c. S-30.01, s. 135).
2016, c. 82016, c. 8, s. 103.
104. (Amendment integrated into c. S-30.01, s. 151).
2016, c. 82016, c. 8, s. 104.
105. (Amendment integrated into c. S-30.01, s. 158).
2016, c. 82016, c. 8, s. 105.
106. (Omitted).
2016, c. 82016, c. 8, s. 106.
107. (Amendment integrated into c. S-30.01, ss. 161, 162, 168, 169, 171, 176 and 177).
2016, c. 82016, c. 8, s. 107.
108. (Omitted).
2016, c. 82016, c. 8, s. 108.
FUEL TAX ACT
109. (Amendment integrated into c. T-1, s. 1).
2016, c. 82016, c. 8, s. 109.
110. (Amendment integrated into c. T-1, s. 2).
2016, c. 82016, c. 8, s. 110.
111. (Amendment integrated into c. T-1, s. 10.1).
2016, c. 82016, c. 8, s. 111.
112. (Amendment integrated into c. T-1, s. 55.2).
2016, c. 82016, c. 8, s. 112.
TRANSPORT ACT
113. (Amendment integrated into c. T-12, s. 48.18).
2016, c. 82016, c. 8, s. 113.
114. (Amendment integrated into c. T-12, s. 48.27).
2016, c. 82016, c. 8, s. 114.
115. (Amendment integrated into c. T-12, s. 48.38).
2016, c. 82016, c. 8, s. 115.
116. (Amendment integrated into c. T-12 s. 88.1).
2016, c. 82016, c. 8, s. 116.
117. (Omitted).
2016, c. 82016, c. 8, s. 117.
118. (Amendment integrated into c. T-12 s. 88.14).
2016, c. 82016, c. 8, s. 118.
119. (Amendment integrated into c. T-12 s. 88.14.1).
2016, c. 82016, c. 8, s. 119.
ACT TO ESTABLISH THE ADMINISTRATIVE LABOUR TRIBUNAL
120. (Amendment integrated into c. T-15.1, Schedule I).
2016, c. 82016, c. 8, s. 120.
REGULATION RESPECTING STUDENT TRANSPORTATION
121. (Amendment integrated into c. I-13.3, r. 12, s. 1).
2016, c. 82016, c. 8, s. 121.
122. (Amendment integrated into c. I-13.3, r. 12, s. 2).
2016, c. 82016, c. 8, s. 122.
123. (Amendment integrated into c. I-13.3, r. 12, s. 13).
2016, c. 82016, c. 8, s. 123.
REGULATION RESPECTING TOLL ROAD INFRASTRUCTURES OPERATED UNDER A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT
124. (Amendment integrated into c. P-9.001, r. 3, s. 3).
2016, c. 82016, c. 8, s. 124.
125. (Amendment integrated into c. P-9.001, r. 3, s. 4).
2016, c. 82016, c. 8, s. 125.
REGULATION RESPECTING THE CONTRIBUTION OF MOTORISTS TO PUBLIC TRANSIT
126. (Amendment integrated into c. T-12, r. 3, s. 2).
2016, c. 82016, c. 8, s. 126.
BUS LEASING REGULATION
127. (Amendment integrated into c. T-12, r. 10, s. 3).
2016, c. 82016, c. 8, s. 127.
REGULATION RESPECTING MUNICIPALIZED PUBLIC TRANSIT SERVICES
128. (Amendment integrated into c. T-12, r. 13, s. 1).
2016, c. 82016, c. 8, s. 128.
BUS TRANSPORT REGULATION
129. (Amendment integrated into c. T-12, r. 16, s. 3).
2016, c. 82016, c. 8, s. 129.
MINISTERIAL ORDER CONCERNING ACCESS TO PUBLIC ROADS FOR LOW-SPEED VEHICLES
130. (Not in force).
2016, c. 82016, c. 8, s. 130.
PART VI
TRANSITIONAL, MISCELLANEOUS AND FINAL PROVISIONS
Not in force
131. The rules set out in a regulation made under section 214.0.2 of the Highway Safety Code (chapter C‑24.2), enacted by section 52, do not apply to a low-speed vehicle of which the driver was registered in the Pilot Project concerning low-speed vehicles (chapter C-24.2, r. 39.2) that ended on 17 July 2013, and which is registered as a passenger vehicle with limited area of operation and has a licence plate bearing the prefix “C” in accordance with the Regulation respecting road vehicle registration (chapter C-24.2, r. 29). Despite section 130, the rules set out in sections 13 to 16 of the Ministerial Order concerning access to public roads for low-speed vehicles (chapter C-24.2, r. 0.2.1) continue to apply to such vehicles.
2016, c. 82016, c. 8, s. 131.
132. The development programs adopted under section 67 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E‑20.1) by a municipal, intermunicipal or regional transport company whose territory is included in the area of jurisdiction of the Réseau de transport métropolitain are deemed to be the Network’s development program until the coming into force of the one it establishes in accordance with section 67.1 of that Act, enacted by section 68.
2016, c. 82016, c. 8, s. 132.
133. Despite section 65, the by-law adopted by the urban agglomeration council of Ville de Montréal under section 118.82.2 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001) continues to apply until the coming into force of a by-law adopted by the Communauté métropolitaine de Montréal under section 96.1 of the Act respecting the Communauté métropolitaine de Montréal (chapter C-37.01), enacted by section 59.
In addition, until the coming into force of the by-law adopted by the Communauté métropolitaine de Montréal, subparagraph g of paragraph 1 of section 2 of the Act respecting the Société de l’assurance automobile du Québec (chapter S‑11.011) must continue to be read as if it were a function of the Société de l’assurance automobile du Québec to carry out any mandate assigned by an agreement with Ville de Montréal.
2016, c. 82016, c. 8, s. 133.
134. This Act transfers, in favour of the Société de transport de Montréal, the benefit of any reserve established under section 75 of the Expropriation Act (chapter E-24) and held by the Agence métropolitaine de transport on the date preceding the date set by the Government for the coming into force of section 49 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3), in connection with the subway extension project (blue line), which is considered a major project under the second paragraph of section 16 of the Public Infrastructure Act (chapter I-8.3) and becomes the project of the Société under this Act. The rights concerning an immovable are not required to be published in the land register.
The Société de transport de Montréal may, however, with regard to an immovable and if it considers it advisable, publish a notice of the transfer, referring to this section and containing the description of the immovable.
2016, c. 82016, c. 8, s. 134.
135. For the first appointment of members of the boards of directors of the Autorité régionale de transport métropolitain and the Réseau de transport métropolitain, the expertise and experience profiles established by the transition committee under section 28 of this Act must be taken into account.
2016, c. 82016, c. 8, s. 135.
136. The board members of the Autorité régionale de transport métropolitain must be appointed not later than on the date that is four months before the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3). All sums required, until the date preceding the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area, to pay the board members’ remuneration and reimburse their expenses are debited from the Land Transportation Network Fund.
The board of the Authority may make any decision on matters that, as of the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area, come under its jurisdiction, except decisions which the law assigns to the transition committee.
The board of the Authority must adopt a financing policy and submit it, for approval, to the Communauté métropolitaine de Montréal to allow the latter to approve it before the date that is two months before the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area. If the policy is not approved by the Community, it must be submitted to the Minister for approval.
2016, c. 82016, c. 8, s. 136.
137. The board members of the Réseau de transport métropolitain must be appointed not later than on the date that is four months before the date set by the Government for the coming into force of section 4 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3). All sums required, until the date preceding the date set by the Government for the coming into force of section 4 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area, to pay the board members’ remuneration and reimburse their expenses are debited from the Land Transportation Network Fund.
The board of the Network may make any decision on matters that, as of the date set by the Government for the coming into force of section 4 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area, come under its jurisdiction, except decisions which the law assigns to the transition committee.
2016, c. 82016, c. 8, s. 137.
138. The Minister may, not later than 19 July 2016, cancel any decision of a public transit operating authority, referred to in the first or second paragraph of section 27 and made between 12 November 2015 and 20 May 2016, if the Minister considers the decision to be contrary to the future interests of the Authority and the Network, as applicable.
2016, c. 82016, c. 8, s. 138.
139. The Government may, by a regulation made before the date set by the Government for the coming into force of section 3 of the Act to modify mainly the organization and governance of shared transportation in the Montréal metropolitan area (chapter O-7.3), prescribe any measure necessary or useful for carrying out this Act and fully achieving its purpose.
A regulation made under the first paragraph may have a shorter publication period than that required under section 11 of the Regulations Act (chapter R‑18.1), but not shorter than 15 days. The regulation comes into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the regulation, despite section 17 of that Act.
2016, c. 82016, c. 8, s. 139.
140. The first regulation made under section 214.0.2 of the Highway Safety Code (chapter C-24.1), enacted by section 52, may have a shorter publication period than that required under section 11 of the Regulations Act, but not shorter than 20 days. The regulation comes into force on the date of its publication in the Gazette officielle du Québec or on any later date set in the regulation, despite section 17 of that Act.
2016, c. 82016, c. 8, s. 140.
141. The Minister of Transport is responsible for the administration of this Act.
2016, c. 82016, c. 8, s. 141.
142. (Omitted).
2016, c. 82016, c. 8, s. 142.