S-16 - Act respecting the Société du parc industriel et commercial aéroportuaire de Mirabel

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chapter S-16
Act respecting the Société du parc industriel et commercial aéroportuaire de Mirabel
SOCIÉTÉ DU PARC DE MIRABELDecember 22 1988October 3 1990
Repealed, 1988, c. 52, s. 1.
1988, c. 52, s. 1.
DIVISION I
DEFINITIONS
1. In this Act, unless the context requires a different meaning,
(a)  Québec Minister means the Minister of Industry, Trade and Technology;
(b)  Canadian Minister means the Minister of Regional Industrial Expansion of Canada;
(c)  Ministers means the Québec Minister and Canadian Minister;
(d)  Société means the Société du parc industriel et commercial aéroportuaire de Mirabel incorporated by section 2;
(e)  city means the city of Mirabel;
(f)  territory means the land comprised in the zone described in Schedule A and the other land owned by the Société or on which it has real rights.
1976, c. 32, s. 1; 1979, c. 77, s. 27; S. C. 1980-81-82-83, c. 167, s. 31; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
DIVISION II
INCORPORATION OF THE SOCIÉTÉ
2. A joint-stock company is incorporated under the corporate name of “Société du parc industriel et commercial aéroportuaire de Mirabel”.
1976, c. 32, s. 2.
3. The head office of the Société is in the city of Mirabel, but it may transfer it to another locality determined by the Government; such change shall come into force upon publication of a notice thereof in the Gazette officielle du Québec.
1976, c. 32, s. 3.
4. The objects of the Société are:
(a)  to prepare a development plan for the territory in view of the establishment there of an airport industrial and commercial park;
(b)  to execute the works required for the implementation of such plan, within the scope of the agreements to be entered into under section 7, including the installation of public services for such territory;
(c)  to engage, within the scope of the agreements to be entered into under section 7, in industry, trade and other business that may contribute to the development of the airport industrial and commercial park and to ensure the operation and administration thereof.
1976, c. 32, s. 4.
5. The Société may also, upon the request of the directors of the various industrial parks of the region described in Schedule B, coordinate the marketing of any park in respect of which such a request is made to them.
1976, c. 32, s. 5.
6. The Société may associate with any person, company or government authority for the attainment of its objects.
1976, c. 32, s. 6.
7. The Minister for Canadian Intergovernmental Affairs may, with the authorization of the Government, make with the Government of Canada or the government of any other province or agencies of such governments or with the Canadian Minister any agreement considered expedient for the attainment of the objects of the Société.
1976, c. 32, s. 7; 1985, c. 30, s. 92.
DIVISION III
BOARD OF DIRECTORS AND STAFF
8. The board of directors of the Société consists of seven members, who are the directors of the Société within the meaning of the Companies Act.
The Chairman of the board of directors of the Société shall be chosen from among the members of the board by the Québec Minister after consultation with the Canadian Minister.
Three members of the board of directors shall be appointed by the Québec Minister and two by the Canadian Minister; the mayor of Mirabel and the president of the Société are members exofficio of the board of directors.
1976, c. 32, s. 8.
9. Only Canadian citizens residing in Québec shall hold office as directors of the Société.
Section 179 of the Companies Act does not apply to the directors.
1976, c. 32, s. 9.
10. The president and the general manager of the Société shall be appointed by the Québec Minister after consultation with the Canadian Minister. The same person may hold office as president and as general manager of the Société simultaneously.
1976, c. 32, s. 10.
11. The president has the direction and control of the administration of the Société.
The general manager is responsible for the administration of the Société within the scope of its by-laws. He shall devote his time exclusively to the work of the Société and the duties of his office.
1976, c. 32, s. 11.
12. The Québec Minister, after consultation with the Canadian Minister, shall fix the remuneration and indemnities to which the president, the general manager and the members of the board are entitled.
1976, c. 32, s. 12.
13. The staff members of the Société, other than the president and the general manager, shall be appointed and remunerated in accordance with the standards and scales established by a by-law of the Société, which by-law shall take effect only after approval by the meeting of shareholders.
1976, c. 32, s. 13.
14. A member of the board of directors of the Société or member of the staff shall not, under pain of forfeiture of office, have any direct or indirect interest in an undertaking putting his personal interest in conflict with that of the Société.
However, such forfeiture shall not be incurred if such interest devolves to him by succession or gift provided that he renounces or disposes of it with all possible dispatch.
1976, c. 32, s. 14.
DIVISION IV
POWERS OF THE SOCIÉTÉ
15. The Société may, for the attainment of its objects and with the approval of the Government, acquire by expropriation any immoveable or other real right situated in the territory described in Schedule C, even an immoveable which, under a general law or special act, is not susceptible of expropriation, on the condition that the immoveable or other real right thus expropriated:
(a)  is adjacent to another immoveable already held by the Société; or
(b)  is necessary for the installation of public services for the territory.
1976, c. 32, s. 15.
16. The development plan contemplated in paragraph a of section 4 shall indicate:
(a)  the purposes for which each part of the territory is to be used;
(b)  the location and width of the streets and lanes or public squares included in the project;
(c)  the public services to be installed or modified;
(d)  the places where dwellings, commercial and industrial establishments and all other buildings, including public buildings, will be erected.
Such a plan and any subsequent changes to it shall have no effect until approved by the Ministers; before giving his approval, the Québec Minister must obtain the advice of the Minister of Municipal Affairs.
Such plans shall be preserved in the records of the Société for consultation by any person who wishes to examine them.
1976, c. 32, s. 16.
17. (1)  The Société may execute all the works required for the implementation of any plan contemplated in paragraph a of section 4, but unless it involves an expenditure of less than $25 000, a contract for the execution of works or the supply of equipment or materials shall not be awarded except after a call for public tenders by advertisement in at least one daily newspaper.
(2)  The delay for the receipt of tenders shall not be less than eight days.
(3)  Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:
(a)  for a fixed price;
(b)  at unit prices.
(4)  All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the time and place mentioned in the call for tenders.
(5)  All those who have tendered may be present at the opening of the tenders.
(6)  The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.
(7)  The Société shall not, without the previous authorization of the Québec Minister, award the contract to any person except the one who made the lowest tender within the prescribed delay.
1976, c. 32, s. 17.
18. The Société and the city may make an agreement respecting the application of municipal by-laws, the exercise of municipal powers and the supplying of municipal services in any part of the territory; such an agreement shall also apply to any part of the territory which the Société transfers by emphyteutic lease, or of which it obtains possession or ownership, from the time of such operation.
The city may also, under such an agreement, delegate to the Société any part of its powers respecting the territory covered by the agreement.
Such an agreement, to be valid, must be submitted for approval to the Minister of Municipal Affairs and to the Québec Minister.
If the Société and the city have been unable to agree on the terms of such an agreement, the Minister of Municipal Affairs, upon application by the Société but after having heard the city, may suspend, for such time as he indicates, the application of any by-law or the exercise of any power of the city in any part of the territory.
Every such agreement and every such decision of the Minister of Municipal Affairs shall be published in the Gazette officielle du Québec.
1976, c. 32, s. 18.
19. The Société shall pay the municipal and school taxes on the immoveable property it owns.
However, when the Société supplies municipal services at its own expense or erects infrastructures that fall under municipal jurisdiction, it may make an agreement with the city or any school board in whose territory its immoveables are situated, to have the expenditures it must incur to supply such services or erect such infrastructures reduced by the amount of the taxes it would normally have to pay.
Such an agreement, to be valid, must be submitted to the Québec Minister and approved by the Minister of Municipal Affairs or the Minister of Education, as the case may be.
If the Société and the city or a school board cannot agree on the terms of such an agreement, the Minister of Municipal Affairs or the Minister of Education, as the case may be, upon application by the Société but after having heard the city, or the school board concerned, as the case may be, may decide any matter which could have been covered by such an agreement, and the decision of the Minister shall be binding for such time as it indicates.
Any such agreement and any such decision of the Minister concerned shall be published in the Gazette officielle du Québec.
1976, c. 32, s. 19.
20. No by-law or resolution adopted by the city prescribing the imposition of a real estate tax, business tax or tax classified as a real estate tax, and no resolution of a school board whose territory is wholly or partly situated within the city limits, prescribing the imposition of a real estate tax, shall come into force or become binding until approved by the Minister of Municipal Affairs or the Minister of Education, as the case may be, to the extent that such by-law or resolution affects the territory.
On receiving such a by-law or resolution, the minister concerned shall examine it and give his advice on it to the Québec Minister.
The minister concerned may give partial or limited approval.
1976, c. 32, s. 20.
21. The Société may transfer any part of its immoveables or real rights to the city.
1976, c. 32, s. 21.
DIVISION V
FINANCING AND REPORT
22. The authorized capital of the Société is $1 000.
It is divided into 1,000 common shares of a par value of $1 each.
Sixty per cent of such shares are reserved for the Gouvernement du Québec and forty per cent for the Government of Canada.
1976, c. 32, s. 22; 1977, c. 5, s. 14.
23. The Minister of Finance of Québec is authorized to subscribe, in the name of the Gouvernement du Québec, $600 payable out of the consolidated revenue fund for 600 common shares of the Société.
The Minister of Finance of Québec is also authorized to buy, at par value, the shares of the Société held by the Government of Canada, upon receipt of a notice from the Canadian Minister indicating the intention of the Government of Canada to withdraw from participation in the Société.
1976, c. 32, s. 23; 1977, c. 5, s. 14.
24. The shares held by the Gouvernement du Québec are registered in the name of the Québec Minister who, in his capacity, shall exercise all the rights attached to such shares.
1976, c. 32, s. 24; 1977, c. 5, s. 14.
25. The Government may, on the conditions it determines:
(a)  guarantee payment in capital and interest of any loan contracted by the Société and the carrying out of any obligation of the Société;
(b)  authorize the Minister of Finance to advance to the Société any amount considered necessary for the carrying out of this act at the rate of interest, for the time and on the other conditions determined by the Government.
The amounts that the Government may be called on to pay under such guarantees or to advance to the Société shall be taken out of the consolidated revenue fund.
1976, c. 32, s. 25; 1977, c. 5, s. 14.
26. The fiscal year of the Société ends on 31 March each year.
1976, c. 32, s. 27.
27. The Société shall, not later than 30 June each year, submit a report of its activities for its previous fiscal year to the Canadian Minister and to the Québec Minister.
Such report must also contain all the information that either of the two Ministers prescribes.
Such report must be laid before the National Assembly if in session, or, if not, within thirty days after the opening of the next session.
1976, c. 32, s. 28.
28. Not later than 31 December each year, the Société shall submit a budget for the ensuing fiscal year to the Ministers, for approval.
1976, c. 32, s. 29.
29. The accounts of the Société shall be audited according to law and, furthermore, by the Auditor General whenever the Government so orders.
1976, c. 32, s. 30.
30. From the time the Minister of Finance purchases the shares of the Société held by the Government of Canada, the Québec Minister shall alone exercise the powers which this act authorizes him to exercise jointly with the Canadian Minister or after consultation with the latter.
1976, c. 32, s. 31.
31. The Minister of Industry, Trade and Technology is entrusted with the application of this Act.
1976, c. 32, s. 32; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89.
DIVISION VI
This Division ceased to have effect on 17 April 1987.
32. (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.

(Section 1)

A parcel of land, irregular in form, being a part of lot 2, of the cadastre of Mirabel, in the county of Deux-Montagnes, city of Mirabel, described as follows:
Starting at monument number 73-031, on the boundary of the operational zone; thence, following an azimuth of 98°50′27″, a distance of 76,404 m to the point of beginning; thence, successively, the following lines: along the boundary of the operational zone, following an azimuth of 98°50′27″, a distance of 5 862,648 m; following an azimuth of 224°29′20″, a distance of 343,875 m; following the arc of a curve having a radius of 3 794,221 m, a distance of 1 071,503 m; following an azimuth of 240°40′10″, a distance of 1 123,325 m; following the arc of a curve having a radius of 1 141,723 m, a distance of 567,163 m; following an azimuth of 269°07′54″, a distance of 25,487 m; along the boundary of the expropriated land, following an azimuth of 304°23′43″, a distance of 100,773 m, and following another azimuth of 182°25′45″, a distance of 58,278 m; following an azimuth of 269°07′54″, a distance of 178,320 m; along the boundary of the expropriated land, following an azimuth of 3°41′12″, a distance of 49,710 m, following another azimuth of 303°28′21″, a distance of 203,890 m and, following another azimuth of 213°28′21″, a distance of 199,312 m; following an azimuth of 269°07′54″, a distance of 1 623,209 m; following the arc of a curve having a radius of 1 660,691 m, a distance of 993,823 m following an azimuth of 303°10′12″, a distance of 182,880 m; finally, following an azimuth of 2°40′12″, a distance of 2 154,851 m to the point of beginning.
1976, c. 32, Schedule A; 1984, c. 47, s. 213.

(Section 5)

The territory delimited by the following electoral districts:
Argenteuil, Deux-Montagnes, l’Assomption, Prévost, Terrebonne.
1976, c. 32, Schedule B.

(Section 15)

A parcel of land, irregular in form, being a territory of 12,874 km square, centered on the intersection of the Côte des Anges road with the Montée Verdon road, situated in the city of Mirabel, which may be described as follows:
Starting at a point situated at the northwest corner of the projected perimeter, the M.T.M. coordinates of which are N 5 062 087,52 m and E 255 321,81 m; thence, easterly (Azimuth 92°29′10″), a distance of approximately 457,200 m to the centre line of the Rivière du Nord; thence, the centre line of the Rivière du Nord (northern limit of the city of Mirabel) to its intersection with the extension of the preceding line; thence, easterly (Azimuth 92°29′10″), a distance of approximately 12,131 m, to the northeast corner of the projected perimeter, the M.T.M. coordinates of which are N 5 061 529,07 m and E 268 187,18 m; thence, southerly (Azimuth 182°29′10″), a distance of approximately 10 180,319 m, to the intersection of the dividing line between the cadastres of the parishes of Saint-Augustin and Saint-Eustache; thence, following such dividing line between cadastres to the south line of the projected perimeter, being a line connecting the two following points, the M.T.M. coordinates of which are N 5 048 666,42 m and E 267 625,98 m and N 5 049 224,90 m and E 254 763,36 m; thence, westerly (Azimuth 272°29′10″), part of the said south line for a distance of approximately 12 446,320 m, to the southwest corner of the projected perimeter, the M.T.M. coordinates of which are N 5 049 224,90 m and E 254 763,360 m; thence, northerly (Azimuth 2°29′10″), a distance of 12 874,752 m, to the point of beginning.
Containing within such perimeter a total area of 16 463,196 ha.
1976, c. 32, Schedule C; 1984, c. 47, s. 213.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 32 of the statutes of 1976, in force on 31 December 1977, is repealed, except sections 26 and 33, effective from the coming into force of chapter S-16 of the Revised Statutes.