C-11.4 - Charter of Ville de Montréal, metropolis of Québec

Updated to 16 July 2003

This document has official status.

chapter C-11.4

Charter of Ville de Montréal

CHAPTER I CONSTITUTION OF THE MUNICIPALITY

1. A city is hereby constituted under the name “Ville de Montréal”.

Montréal is a French-speaking city.

2000, c. 56, Sch. I, s. 1.

2. The city is a legal person.

2000, c. 56, Sch. I, s. 2.

3. The territory of the city is the territory described in Schedule A.

2000, c. 56, Sch. I, s. 3.

4. Subject to any other provision of this Act or of any order of the Government made under section 9, the city is a municipality governed by the Cities and Towns Act (chapter C‐19).

2000, c. 56, Sch. I, s. 4.

5. The city succeeds to the rights, obligations and charges of the Communauté urbaine de Montréal and to those of the following municipalities as they existed on 31 December 2001 : Ville d’Anjou, Ville de Baie-d’Urfé, Ville de Beaconsfield, Cité de Côte-Saint-Luc, Ville de Dollard-des-Ormeaux, Cité de Dorval, Ville de Hampstead, Ville de Kirkland, Ville de Lachine, Ville de LaSalle, Ville de L’Île-Bizard, Ville de L’Île-Dorval, Ville de Montréal, Ville de Montréal-Est, Ville de Montréal-Nord, Ville de Montréal-Ouest, Ville de Mont-Royal, Ville d’Outremont, Ville de Pierrefonds, Ville de Pointe-Claire, Ville de Roxboro, Ville de Sainte-Anne-de-Bellevue, Ville de Sainte-Geneviève, Ville de Saint-Laurent, Ville de Saint-Léonard, Village de Senneville, Ville de Verdun and Ville de Westmount.

The city becomes, without continuance of suit, a party to every suit, in the place of the urban community or, as the case may be, of every municipality to which the city succeeds.

2000, c. 56, Sch. I, s. 5; 2001, c. 25, s. 236.

6. The by-laws, resolutions, minutes, assessment roll, collection roll and other acts of each of the municipalities that are consistent with the provisions of this Act and of any order of the Government made under section 9 shall remain in force in the territory for which they were made until their objects are attained or until they are replaced or repealed in accordance with this Act. They are deemed to be acts of the city or, according to the field of jurisdiction to which they relate, of the borough council within which that territory is situated.

2000, c. 56, Sch. I, s. 6; 2001, c. 25, s. 237.

7. The officers and employees of the Communauté urbaine de Montréal and of the municipalities referred to in section 5 shall become, without reduction in salary, officers and employees of the city, and shall retain their seniority and employee benefits and, in particular, continue to be members of the pension plan of which they were members prior to the constitution of the city.

The officers and employees of the Communauté urbaine de Montréal who, on 31 December 2001, exercise their functions within the scope of the jurisdiction of the Community as regards land use planning or powers of the Community transferred to the Communauté métropolitaine de Montréal on 1 January 2002, may be reassigned to the Communauté métropolitaine de Montréal by any order of the Government made under section 9.

No officer or employee to whom this section applies, other than an officer or employee having entered into employment with the urban community or any of the municipalities after 15 November 2000 may be laid off or dismissed solely by reason of the constitution of the city.

2000, c. 56, Sch. I, s. 7.

8. The expenditures related to any debt of a municipality referred to in section 5 shall continue to be financed by revenues derived exclusively from the territory of the municipality or a part thereof. Any surplus of such municipality shall remain for the exclusive benefit of the inhabitants and ratepayers in its territory or a part thereof. To determine if the financing or surplus should burden or be credited to just a part of the territory, the rules applicable on 31 December 2001 respecting the financing of expenditures related to the debt or the source of the revenues that have generated the surplus shall be considered.

Where expenditures related to a debt of a municipality referred to in section 5, for the 2001 fiscal year, were not financed by the use of a specific source of revenue, the city may continue to finance them by using revenues not reserved for other purposes that come from the territory of the municipality. Notwithstanding section 6, the foregoing also applies where those expenditures were financed, for that fiscal year, by the use of revenues from a tax levied for that purpose on all taxable immovables situated in that territory.

If it avails itself of the power provided for in the second paragraph in respect of a debt, the city may not, to establish the tax burden provided for in section 150.1, charge to the revenues derived from the taxation specific to the non-residential sector that come from the territory a percentage of the financing of the expenditures related to that debt greater than the percentage corresponding to the quotient obtained by dividing the total of those revenues by the total revenues provided for in section 8.6 and coming from that territory. If the tax burden is established for the 2002 fiscal year or a subsequent fiscal year, the revenues of the preceding fiscal year shall be considered for that division.

For the purposes of the third paragraph, the revenues of a fiscal year are those provided for in the budget adopted for that fiscal year. However, where a statement comparing the revenues provided for in the budget and those which, according to later forecasts, will be the revenues of the fiscal year shows the necessity to update budgetary forecasts, the updated forecasts shall be considered, provided that the statement is filed before the city adopts the budget for the following fiscal year. If several statements are filed successively, the last one shall be considered.

For the purposes of the third paragraph, “revenues derived from the taxation specific to the non-residential sector” means the aggregate of the following:

(1)  revenues from the business tax;

(2)  revenues from the surtax or the tax on non-residential immovables;

(3)  revenues from the general property tax that are not considered in establishing the aggregate taxation rate when, under section 244.29 of the Act respecting municipal taxation (chapter F-2.1), several rates for that tax are fixed;

(4)  (a)  subject to subparagraph b, revenues from the tax provided for in section 101 of Schedule C, where the occupants of residential immovables are, under the third paragraph of that section, exempt from the payment of that tax or where the tax is levied in accordance with the sixth paragraph of that section;

(b)  revenues from the tax provided for in article 808 of the Charter of the city of Montréal (1959-60, chapter 102), where the occupants of residential immovables are, under subarticle 3 of that article, exempt from the payment of that tax or where that tax is imposed under subarticle 4 of that article, if the revenues considered for the purposes of the division provided for in the third paragraph of this section are the revenues for the fiscal year 2001 ; and

(5)  revenues from the amount in lieu of a tax referred to in any of subparagraphs 1 to 4 that must be paid either by the Government, in accordance with the second paragraph of section 210 of the Act respecting municipal taxation, by the Government in accordance with section 254 and the first paragraph of section 255 of that Act, or by the Crown in right of Canada or one of its mandataries, except, if the amount stands in lieu of the general property tax, revenues that would be considered in establishing the aggregate taxation rate if it was the tax itself.

Are deemed to constitute expenditures related to a debt of a municipality referred to in section 5 and financed by revenues derived from its entire territory the amounts required after 31 December 2001, in relation to a sum determined pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act (chapter R-15.1) in respect of a pension plan to which that municipality was a party or in relation to the amortization of any unfunded actuarial liability of such a plan. The foregoing also applies to the contributions paid after 31 December 2001, in relation to the obligations arising from a pension plan not subject to the Supplemental Pension Plans Act to which a municipality referred to in section 5 was a party, in respect of years of past service before 1 January 2002.

The date of the determination of a sum pursuant to subparagraph 4 of the second paragraph of section 137 of the Supplemental Pension Plans Act or of an unfunded actuarial liability provided for in the sixth paragraph must be earlier than 21 June 2001. In addition, in the case of an improvement unfunded actuarial liability, the amendment must have been made before 1 January 2002. However, if a pension plan still has such a sum or unfunded actuarial liability on the date of its division, merger or termination, the contributions paid by the city for that purpose after that date are deemed to be paid in respect of any sum or the amortization of any liability to which the sixth paragraph refers.

Are deemed to constitute a surplus or expenditures related to a debt of a municipality referred to in section 5, respectively, the revenues or costs in relation to legal proceedings or a dispute to which such a municipality or, as the case may be, the city is a party in respect of an event prior to 1 January 2002 that concerns the municipality. The expenditures necessary to make up the negative balance of the assets of Corporation Anjou 80, as established at 31 December 2001, are deemed to be expenditures relating to a debt of Ville d’Anjou and financed by revenues derived from the whole territory of Ville d’Anjou. The proceeds from the alienation of Parc de l’Île-Notre-Dame pursuant to the city contract entered into in 2003 between Ville de Montréal and the Government are deemed to constitute a surplus of Ville de Montréal as it existed on 31 December 2001.

2000, c. 56, Sch. I, s. 8; 2001, c. 25, s. 238; O.C. 1308-2001, s. 1; 2001, c. 68, s. 116; 2002, c. 77, s. 12; 2003, c. 3, s. 1.

8.1. Every intermunicipal agreement, other than the agreement referred to in section 203, providing for the establishment of an intermunicipal management board composed exclusively of municipalities referred to in section 5 shall terminate on 31 December 2001, notwithstanding any inconsistent provision mentioned in the agreement.

Notwithstanding sections 468.48 and 468.49 of the Cities and Towns Act (chapter C-19), an intermunicipal management board referred to in the first paragraph shall cease its activities and is dissolved on the date set out in that paragraph.

2001, c. 25, s. 239.

8.2. The city succeeds to the rights, obligations and charges of a management board referred to in section 8.1. In such a case, the second paragraph of section 5 and sections 6 and 8 apply, with the necessary modifications and, in the case of section 8, as regards the debts, having regard to the apportionment determined by the agreement establishing the management board in respect of capital expenditures.

2001, c. 25, s. 239.

8.3. In the case of an intermunicipal agreement providing for the establishment of an intermunicipal management board composed in part of municipalities referred to in section 5, the city may request the Minister of Municipal Affairs and Greater Montréal to terminate the agreement on a date other than the date provided for in the agreement to enable the management board to be dissolved. If the Minister accepts the request, sections 468.48 and 468.49 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, from the date a copy of the Minister’s acceptance is transmitted to the intermunicipal management board and the municipalities that are members thereof.

Section 8 applies in respect of the debts arising from an agreement referred to in the first paragraph, having regard to the apportionment determined by the agreement establishing the management board in respect of capital expenditures.

2001, c. 25, s. 239.

8.4. An intermunicipal agreement providing for a mode of operation other than an intermunicipal management board and entered into exclusively by municipalities referred to in section 5 shall terminate on 31 December 2001. Such an agreement entered into between such a municipality and another municipality shall terminate on 31 December 2002, except in the case of an agreement under Division II of Chapter II of the Act respecting municipal courts (chapter C-72.01). Section 8 applies to the debts arising from such an agreement, having regard to the apportionment determined by the agreement in respect of capital expenditures.

2001, c. 25, s. 239; 2001, c. 68, s. 117.

8.5. The sums derived from the operation or leasing by the city of an industrial immovable, after deduction of related administration and maintenance costs, or from the alienation of the immovable, must be used to discharge the engagements made in respect of the immovable by any municipality referred to in section 5.

If the industrial immovable referred to in the first paragraph was the subject of an agreement under section 13.1 of the Act respecting municipal industrial immovables (chapter I-0.1) which provided for terms and conditions relating to the apportionment of expenditures among the municipalities, the discharge pursuant to the first paragraph of the engagements made must be consistent with those terms and conditions as regards any part of the territory of the city that corresponds to the territory of any such municipality.

2001, c. 25, s. 239; O.C. 1308-2001, s. 2.

8.6. The revenues to be used for the purposes of the division under the third paragraph of section 8 are

(1)  the revenues derived from the general property tax, except the revenues not taken into account in establishing the aggregate taxation rate of the municipality and the revenues that the municipality would have collected from the surtax on vacant land had it imposed that surtax rather than fix a general property tax rate specific to the category provided for in section 244.36 of the Act respecting municipal taxation (chapter F-2.1);

(2)  the revenues derived from any special tax imposed on all the immovables in the territory of the municipality on the basis of their taxable value;

(3)   the revenues derived from any amount in lieu of a tax referred to in subparagraph 1 or 2 that must be paid by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation or the first paragraph of sections 254 and 255 of that Act or by the Crown in right of Canada or by one of its mandataries, except, in the case where the amount is in lieu of the general property tax, the revenues that would be covered by the exception provided for in subparagraph 1 if it were the tax itself;

(4)  the revenues derived from the source provided for in section 244.1 of the Act respecting municipal taxation and considered in establishing the aggregate taxation rate of the municipality, except revenues that, under section 244.9 of that Act, are used specifically to finance expenditures related to debts;

(5)  the revenues derived from the surtax on vacant land, the surtax or the tax on non-residential immovables, the business tax and any other tax imposed on the basis of the rental value of an immovable;

(6)  the revenues covered by the exception under subparagraph 1 or 3;

(7)  the revenues derived from any amount in lieu of a tax, other than an amount referred to in subparagraph 3, that must be paid by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation or sections 254 and 255 of that Act or by the Crown in right of Canada or by one of its mandataries;

(8)  (subparagraph repealed).

For the purposes of the first paragraph, the word “municipality” means the city, except where the revenues in question are those of the 2001 fiscal year, in which case it means any municipality referred to in section 5.

2001, c. 25, s. 239; O.C. 1308-2001, s. 3.

9. The Government may, by order, from among the special legislative provisions that govern the urban community or any municipality referred to in section 5 on 31 December 2001, determine the provisions, if any, that are to apply to all or any part of the territory of the city determined in the order.

An order under the first paragraph may also, in relation to all or any part of the territory of the city, contain any rule

(1)  prescribing the conditions under which a special legislative provision referred to in the first paragraph is to apply ;

(2)  providing for any omission for the purpose of ensuring the application of this Act ;

(3)  derogating from any provision of an Act for which the Minister of Municipal Affairs and Greater Montréal is responsible, of this Act, of a special Act governing a municipality referred to in section 5, or of an instrument made under any of those Acts.

Any order of the Government made pursuant to this section must be made before 4 November 2001 and comes into force on the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

2000, c. 56, Sch. I, s. 9; 2001, c. 68, s. 118.

CHAPTER II ORGANIZATION OF THE MUNICIPALITY

DIVISION I DIVISION OF TERRITORY

10. The territory of the city is, for the exercise of certain of its fields of jurisdiction, divided into 27 boroughs described in Schedule B.

The city council shall, by by-law, number the boroughs.

2000, c. 56, Sch. I, s. 10.

11. The following boroughs are deemed to be recognized in accordance with section 29.1 of the Charter of the French language (chapter C‐11): the borough of Beaconsfield/Baie d’Urfé, the borough of Côte-Saint-Luc/Hampstead/Montréal-Ouest, the borough of Dollard-des-Ormeaux/Roxboro, the borough of Dorval/L’Île-Dorval, the borough of Kirkland, the borough of Mont-Royal, the borough of Pierrefonds/Senneville, the borough of Pointe-Claire and the borough of Westmount.

A borough referred to in the first paragraph shall retain that recognition until, at its request, the recognition is withdrawn by the Government pursuant to section 29.1 of that Charter.

Officers or employees of the city who exercise their functions or perform work in connection with the powers of a borough referred to in the first paragraph or recognized under section 29.1 of the Charter of the French language are, for the purposes of sections 20 and 26 of that Charter, deemed to be officers or employees of that borough.

2000, c. 56, Sch. I, s. 11; 2001, c. 25, s. 240.

DIVISION II CITY COUNCIL AND BOROUGH COUNCILS

12. The affairs of the city shall be administered, in accordance with the apportionment of the powers and jurisdiction provided by this Act, by the city council or, as the case may be, by each borough council.

2000, c. 56, Sch. I, s. 12.

13. Subject to any other provision of this Act or any order of the Government made under section 9, the borough council is, as regards the exercise of its jurisdiction, subject to the rules provided for by the Cities and Towns Act (chapter C‐19) in respect of the council of a municipality, in particular the rules relating to the requirement that council meetings be open to the public.

2000, c. 56, Sch. I, s. 13.

§ 1 . — City council

14. The city council is composed of the mayor and 73 city councillors.

2000, c. 56, Sch. I, s. 14; 2001, c. 25, s. 241.

15. The mayor is elected by the electors of all the boroughs.

2000, c. 56, Sch. I, s. 15.

16. The city councillors are elected in the borough they represent. Each borough is represented on the city council by the number of city councillors prescribed by Schedule B in its regard.

2000, c. 56, Sch. I, s. 16; 2001, c. 25, s. 242.

§ 2 . — Borough council

17. A borough council is made up of the borough chair, any other city councillor and, as required, any borough councillor.

2000, c. 56, Sch. I, s. 17; 2001, c. 25, s. 243.

18. If fewer than three city councillors, including the borough chair, are prescribed for a borough, the number of borough councillors required so that the borough council is made up of three members shall be elected in the borough, to sit only on the council of that borough.

However, in the borough of Verdun, the borough of Saint-Léonard, the borough of Saint-Laurent, the borough of Montréal-Nord and the borough of LaSalle, the borough council shall include, until the first general election following the general election of 4 November 2001, two borough councillors in addition to the three city councillors.

A borough councillor is an elected municipal officer.

Notwithstanding section 70 of the Cities and Towns Act (chapter C-19), a borough councillor may be appointed by the city council to be a member of a committee of the city council.

2000, c. 56, Sch. I, s. 18; 2001, c. 25, s. 244; 2002, c. 37, s. 42.

19. In the boroughs referred to in section 38, the borough chair shall be designated by and from among the councillors sitting on the borough council. In the other boroughs, the borough chair shall be elected by the electors of the whole borough.

If a borough is represented on the city council by only one city councillor, that councillor is by virtue of office the borough chair.

2000, c. 56, Sch. I, s. 19; 2001, c. 25, s. 245.

20. If, in the boroughs referred to in section 38, the members of a borough council are unable to designate the borough chair at the latest at the first regular meeting of the borough council following a general election, the city council may make that designation. As long as the city council has not designated the borough chair, the members of the borough council may do so.

The person designated to act as borough chair shall hold office until the end of the person’s term of office as city councillor in effect at the time of the designation.

If the chair of a borough referred to in the first or second paragraph of section 39 resigns as borough chair or refuses to take office, he or she shall be replaced by the city councillor who, of all the city councillors, obtained the greatest number of votes at the last general election. This paragraph applies to any other resignation as borough chair or refusal to take office as borough chair.

If the person who resigned or refused to hold office as borough chair cannot be replaced pursuant to the third paragraph, the city council may designate the borough chair from among the city councillors who sit on the borough council.

2000, c. 56, Sch. I, s. 20; 2001, c. 25, s. 246.

20.1. Where a vote taken by a borough council results in a tie-vote, the vote of the chair cast and forming part of the tie-vote becomes the casting vote.

2001, c. 68, s. 119.

21. The city council may, by by-law, grant additional remuneration to the borough chair. The additional remuneration may be fixed according to the population of the borough, by classes established by the council or proportionally.

The additional remuneration mentioned in the first paragraph is deemed to be the additional remuneration referred to in the second paragraph of section 2 of the Act respecting the remuneration of elected municipal officers (chapter T-11.001).

2000, c. 56, Sch. I, s. 21; 2001, c. 25, s. 247.

DIVISION III EXECUTIVE COMMITTEE

22. The executive committee of the city is composed of the mayor and the council members designated by the mayor. The number of members so designated shall not be fewer than seven nor more than 11.

The mayor may replace a member of the executive committee at any time.

2000, c. 56, Sch. I, s. 22.

23. The council shall designate the chair and two vice-chairs of the executive committee from among the members of the executive committee on the recommendation of the mayor.

2000, c. 56, Sch. I, s. 23; 2001, c. 68, s. 120.

24. Any designated member of the executive committee may resign from the executive committee by sending a written notice to that effect, signed by the member, to the clerk. The resignation takes effect on the date the clerk receives the notice, or on any later date specified in the notice.

2000, c. 56, Sch. I, s. 24.

25. The regular meetings of the executive committee are held at the place and on the days and at the times fixed in the internal management by-laws adopted by the council.

The special meetings of the executive committee are held at the place, on the days and at the times fixed by the chair.

2000, c. 56, Sch. I, s. 25.

26. The chair of the executive committee shall convene and preside at meetings of the executive committee and ensure that they are properly conducted.

2000, c. 56, Sch. I, s. 26.

27. The chair may designate the vice-chair who shall replace the chair in the event that the chair is unable to act or if the office of chair is vacant. The designation may establish the order in which the vice-chairs are to replace the chair, on a periodic basis or according to any other criteria the chair determines.

The chair may designate a vice-chair to preside at any meeting of the executive committee.

2000, c. 56, Sch. I, s. 27; 2001, c. 68, s. 121.

28. Any member of the executive committee who is not present at the place where a meeting is held may take part in the meeting by means of electronic communications equipment.

However, the communications equipment must enable every person using the equipment or attending the meeting to hear clearly everything that is said by another person in an audible and intelligible voice.

Every member participating in such manner in a meeting is deemed to be present at the meeting.

2000, c. 56, Sch. I, s. 28.

29. The meetings of the executive committee are closed to the public.

However, the executive committee sits in public

(1)  in the cases provided for in the internal management by-laws of the city ; and

(2)  for all or part of a meeting if the executive committee so decides.

2000, c. 56, Sch. I, s. 29.

30. A majority of members constitutes a quorum at meetings of the executive committee.

2000, c. 56, Sch. I, s. 30.

31. Each member of the executive committee present at a meeting has one vote.

2000, c. 56, Sch. I, s. 31.

32. Each decision is made by a simple majority vote.

2000, c. 56, Sch. I, s. 32.

33. The executive committee shall prepare and submit to the council the following documents :

(1)  the city’s annual budget ;

(2)  any request for the allocation of the proceeds of loans and for any other moneys required ;

(3)  any request in relation to the adoption, amendment or replacement of a planning program ;

(4)  draft by-laws ;

(5)  any request for the transfer of funds or moneys already voted ;

(6)  any report on taxes, permits or licences to be imposed ;

(7)  any report recommending the granting of franchises or privileges ;

(8)  any report concerning exchanges or emphyteusis in respect of an immovable belonging to the city, and the leasing of the city’s movable or immovable property where the term of the lease exceeds one year ;

(9)  any report on any other subject submitted to it by the council that falls within the council’s jurisdiction ;

(10)  any plan for the classification of positions and the related salaries.

In addition, the executive committee acts for the city in all cases in which a provision of the internal management by-laws assigns the power to perform the act to the executive committee. The executive committee may grant any contract involving an expenditure that does not exceed $100,000.

The executive committee shall give the council its opinion on any matter, where required to do so under a provision of the by-laws, at the request of the council or on its own initiative.

The opinion of the executive committee does not bind the council. Failure to submit an opinion required under the internal management by-laws or requested by the council does not limit the council’s power to consider and vote on the matter.

2000, c. 56, Sch. I, s. 33.

34. The council may, in the internal management by-laws, determine any act within its jurisdiction which it has the power or the duty to perform, that it delegates to the executive committee, and prescribe the terms and conditions of the delegation.

However, the following powers may not be delegated :

(1)  the power to adopt a budget, a three-year program of capital expenditures or a document required under the Act respecting land use planning and development (chapter A‐19.1), Chapter IV of the Cultural Property Act (chapter B‐4), the Act respecting municipal courts (chapter C‐72.01), the Act respecting elections and referendums in municipalities (chapter E‐2.2) or the Act respecting municipal territorial organization (chapter O‐9);

(2)  the power to designate a person to a position that may only be held by a member of the council;

(3)  the power to appoint, dismiss, suspend without pay or reduce the salary of the director general, the clerk, the treasurer, the deputy clerk, the deputy treasurer or any person the appointment of whom is provided by the law by the council at a majority that is not the simple majority; and

(4)  the power to create the various departments within the city, determine the scope of their activities and appoint the department heads and assistant heads;

(5)  (subparagraph repealed).

The council may also, in the internal management by-laws, determine any matter on which the executive committee must give its opinion to the council, and prescribe the terms and conditions of consultation. The internal management by-laws may also prescribe the manner in which a member of the council may request the executive committee to report to the council on any matter within the jurisdiction of the executive committee.

2000, c. 56, Sch. I, s. 34; 2001, c. 25, s. 248; O.C. 1308-2001, s. 4.

34.1. In addition to the powers that the city council may delegate to the executive committee under section 34, the following powers of the city council may be exercised by the executive committee:

(1)  awarding, after a call for tenders, any contract within the jurisdiction of the city council where the price does not exceed the amount made available to the executive committee for that purpose, except a contract for which only one conforming tender was received;

(2)  granting a subsidy referred to in section 28 of the Cities and Towns Act (chapter C-19) and the amount or value of which does not exceed $50 000;

(3)  acquisition and alienation of immovables the value of which is $25 000 or less;

(4)  in matters of expropriation,

(a)  the payment of the provisional indemnity;

(b)  the payment of the final indemnity or the acquisition by mutual agreement to the extent that the amount of the payment does not exceed the appropriations voted by the city council;

(c)   the making, following the expropriation order, of an act recognizing a servitude for the benefit of a public utility;

(5)  in matters of human resources management,

(a)  the negotiation of collective agreements;

(b)  the other powers except those provided for in the second paragraph of section 34;

(6)  the power to sue and be sued;

(7)  in matters of financial management,

(a)  expenditure authorizations;

(b)   transfers of credits, with the exception of transfer of credits from the allotment of a borough council to another borough council or between the allotment of a borough council and the budget of an administrative unit under the authority of the city council; and

(c)  the amending of the budget of the city to take into account any unexpected sums received for the carrying out of work.

O.C. 1308-2001, s. 5; 2002, c. 37, s. 43.

35. The executive committee may adopt an internal management by-law concerning its meetings and the conduct of its affairs. The by-law may, with respect to a power provided for in section 34.1 or Schedule C and, to the extent permitted by the internal management by-laws of the city, with respect to a power of the city council delegated to the executive committee under the first paragraph of section 34, provide for the delegation of those powers to any officer or employee of the city and determine the conditions and procedures for the exercise of the delegated power.

2000, c. 56, Sch. I, s. 35; 2001, c. 25, s. 249; O.C. 1308-2001, s. 6; 2001, c. 68, s. 122.

36. (Repealed).

2000, c. 56, Sch. I, s. 36; O.C. 1308-2001, s. 7.

DIVISION IV PROVISIONS CONCERNING ELECTIONS

37. Subject to this Act and to any order of the Government made under section 9, the Act respecting elections and referendums in municipalities (chapter E-2.2) applies, with the necessary modifications, in respect of the office and the election of the mayor of the city, the chair of a borough and every councillor of the city or of a borough.

2000, c. 56, Sch. I, s. 37; 2001, c. 25, s. 250.

38. Every borough whose council is composed exclusively of city councillors, except the boroughs referred to in the first paragraph of section 39, shall be divided into districts.

2000, c. 56, Sch. I, s. 38; 2001, c. 25, s. 250.

39. In the borough of Verdun, the borough of Saint-Léonard, the borough of Saint-Laurent, the borough of Montréal-Nord and the borough of LaSalle, the city councillors shall be elected by all the electors of the borough. The candidate who obtains the greatest number of votes for the office of city councillor shall become the borough chair. The borough must be divided into districts for the purposes of the two offices of borough councillor.

In every borough whose council is composed of two city councillors and of one borough councillor, the city councillors and the borough councillor shall be elected by all the electors of the borough. The candidate who obtains the greatest number of votes for the office of city councillor shall become the borough chair.

Every borough whose council is composed of one city councillor and of two borough councillors must be divided into districts for the purposes of the two offices of borough councillor. In such a borough, the city councillor shall be elected by all the electors of the borough.

2000, c. 56, Sch. I, s. 39; 2001, c. 25, s. 251.

39.1. The city council shall, on or before 30 June 2003, make a report to the Minister of Municipal Affairs and Greater Montréal concerning the situation arising from the procedure for selecting the chair of each borough. The report may contain any recommendation of the council in addition to its observations.

2001, c. 25, s. 252.

40. For the purposes of section 47 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), the domicile of a person, the immovable of which the person is the owner or the business establishment of which the person is the occupant must be situated within the territory of the borough where the person exercises the right to vote.

2000, c. 56, Sch. I, s. 40.

41. For the purposes of section 57 of the Act respecting elections and referendums in municipalities (chapter E‐2.2), the list formed by the lists of electors of all the boroughs constitutes the list of electors of the municipality.

2000, c. 56, Sch. I, s. 41.

41.1. For the purposes of sections 59, 101.1, 109.1 and 157 of the Act respecting elections and referendums in municipalities (chapter E-2.2), a borough that is not divided into electoral districts for the purpose of an election for the office of city councillor is considered to be an electoral district.

2001, c. 25, s. 253.

42. A person is eligible for office as mayor or as a member of the city council if the person is entitled to have his or her name entered on the list of electors of any borough and has resided continuously or not in the territory of the city for at least 12 months on 1 September of the calendar year in which a regular election is to be held.

A person is eligible for office as a borough councillor if the person is entitled to have his or her name entered on the list of electors of the borough and has resided continuously or not in the territory of the city for at least 12 months on 1 September of the calendar year in which a regular election is to be held.

2000, c. 56, Sch. I, s. 42.

DIVISION V SALARY, ALLOWANCE AND PENSION PLAN OF BOROUGH COUNCILLORS

43. The city council shall fix the remuneration and allowance of borough councillors in accordance with the Act respecting the remuneration of elected municipal officers (chapter T‐11.001).

2000, c. 56, Sch. I, s. 43.

44. For the purposes of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R‐9.3), borough councillors are deemed to be members of the city council.

2000, c. 56, Sch. I, s. 44.

DIVISION VI OFFICERS AND EMPLOYEES

45. The city is the employer of all its officers and employees, whether they exercise their functions or perform work in connection with responsibilities under the authority of the city or in connection with responsibilities under the authority of a borough council, and decisions relating to their hiring and dismissal, and negotiation of their conditions of employment are within the authority of the city council.

2000, c. 56, Sch. I, s. 45.

46. The borough council shall, however, determine the assignment of the work and the responsibilities of the officers and employees the city assigns to the borough.

2000, c. 56, Sch. I, s. 46; O.C. 1308-2001, s. 8.

47. The city council shall determine the staff required for the management of each borough.

Subject to the third paragraph, it shall define the staffing methods used to fill positions and the procedures for the identification, placing on reserve and assignment of public servants having permanent tenure who are surplus to the requirements of a borough.

Borough staffing and recall to work must be effected giving priority to the employees in the borough among those who meet the reassignment requirements or, as the case may be, the selection criteria negotiated and agreed by the parties to a collective agreement.

2000, c. 56, Sch. I, s. 47.

48. Notwithstanding section 45, the borough council may negotiate and agree on the clauses of a collective agreement that relate to the following matters :

(1)  overtime work, except remuneration ;

(2)  work schedules, except duration of work ;

(3)  annual vacation, except quantum and remuneration ; and

(4)  statutory and floating holidays, except quantum and remuneration.

2000, c. 56, Sch. I, s. 48.

49. The borough council must send, within 30 days after a notice of negotiation has been received by the addressee or is deemed to have been received in accordance with section 52.2 of the Labour Code (chapter C‐27), a notice to the city and the certified association concerned identifying which of the matters referred to in section 48 it intends to negotiate.

The negotiating stage in respect of matters referred to in section 48 begins once the notice has been received by the certified association.

2000, c. 56, Sch. I, s. 49.

50. Strikes and lock-outs are prohibited in respect of any matter referred to in section 48.

2000, c. 56, Sch. I, s. 50.

51. Clauses negotiated and agreed by a certified association and a borough council also bind the city.

2000, c. 56, Sch. I, s. 51.

52. An agreement on a matter referred to in section 48 shall be filed at one of the offices of the Commission des relations du travail established by the Labour Code (chapter C‐27) in accordance with the first paragraph of section 72 of that Code. The agreement shall take effect in accordance with the second paragraph of that section.

2000, c. 56, Sch. I, s. 52; 2001, c. 26, s. 181.

53. If no agreement is reached on a matter referred to in section 48, one party may request the Minister of Labour to appoint a mediator-arbitrator with a view to settling their disagreement.

2000, c. 56, Sch. I, s. 53.

54. The mediator-arbitrator shall endeavour to bring the parties to settle their disagreement. For that purpose, the mediator-arbitrator shall meet with the parties and, in case of refusal to attend a meeting, give them an opportunity to present their observations.

2000, c. 56, Sch. I, s. 54.

55. If a disagreement subsists 60 days after the appointment of the mediator-arbitrator, one party may request the mediator-arbitrator to rule on the subject of the disagreement. If the mediator-arbitrator is of the opinion that a settlement is not likely to be reached by the parties, the mediator-arbitrator shall rule on the question and inform the parties of the decision.

The decision of the mediator-arbitrator is deemed to be an agreement within the meaning of section 52.

2000, c. 56, Sch. I, s. 55.

56. Except on a question of jurisdiction, no action pursuant to article 33 of the Code of Civil Procedure (chapter C‐25) may be taken nor any extraordinary recourse within the meaning of that Code be exercised, and no provisional remedy may be ordered against the mediator-arbitrator appointed under section 53.

2000, c. 56, Sch. I, s. 56.

57. Notwithstanding section 49, a borough council and a certified association may, at any time, negotiate and agree on the replacement, amendment, addition or repeal of a clause of the collective agreement relating to a matter referred to in section 48.

In no case, however, may any negotiation under the first paragraph give rise to a dispute.

2000, c. 56, Sch. I, s. 57.

DIVISION VII CONSEIL DES ARTS

58. An arts council is hereby established under the name “Conseil des arts de Montréal”.

2000, c. 56, Sch. I, s. 58; 2001, c. 25, s. 254.

59. The arts council has the following functions :

(1)  to draw up and keep a permanent list of the associations, societies, organizations, groups or persons engaged in artistic and cultural activities in the territory of the city ;

(2)  to combine, co-ordinate and promote artistic or cultural initiatives in the territory of the city ; and

(3)  within the limits of the funds available for that purpose, to designate the associations, societies, organizations, groups or persons and the artistic or cultural events worthy of receiving grants, fix the amount of any grant and recommend the payment of it by the city.

The city council may, by by-law, confer any other power on the arts council or impose on it any other duty it considers advisable to better enable it to attain its objects.

2000, c. 56, Sch. I, s. 59.

60. The city council shall determine, by by-law, the number of members composing the arts council, the qualifications they must have, the duration of their terms and the time and method of their appointment and replacement, as well as the rules of internal management and operation of the arts council, and the rules of procedure for its meetings.

2000, c. 56, Sch. I, s. 60.

61. The members of the arts council must be Canadian citizens and be domiciled in the territory of the city.

The city council shall appoint, by a decision made by two-thirds of the members having voted and after consulting the bodies the council considers representative of the arts community, members of the arts council and designate a president and two vice-presidents from among the members.

2000, c. 56, Sch. I, s. 61; 2001, c. 25, s. 255.

62. The members of the arts council are not remunerated. However, they are entitled to reimbursement by the arts council for all expenses authorized by the arts council and incurred by the members in the exercise of their functions.

2000, c. 56, Sch. I, s. 62.

63. The members of the arts council may retain the services of the personnel they require, including a secretary, and fix their remuneration.

The employees of the arts council are not by that sole fact officers or employees of the city.

The treasurer of the city or such assistant as the treasurer may designate is by virtue of office the treasurer of the arts council.

2000, c. 56, Sch. I, s. 63.

64. The fiscal year of the arts council coincides with that of the city, and the city’s auditor shall audit the financial statements of the arts council and, within 120 days following the expiry of the fiscal year, make a report of that audit to the city.

2000, c. 56, Sch. I, s. 64.

65. A special fund hereinafter called “the fund” is hereby established under the name “Fonds du conseil des arts de Montréal”. The treasurer of the arts council has custody of the fund.

2000, c. 56, Sch. I, s. 65; 2001, c. 25, s. 256.

66. The fund is constituted of

(1)  the gifts, legacies and grants made to the arts council ;

(2)  the sums voted annually for that purpose out of the city’s budget ; and

(3)  the sums put at the disposal of the arts council every year that have not been used before the end of the fiscal year.

The city council may, by by-law, prescribe the minimum amount that must be allocated every year for the purposes of subparagraph 2 of the first paragraph. As long as the by-law remains in force, the treasurer of the city must include the amount so prescribed in the certificate the treasurer prepares in accordance with section 474 of the Cities and Towns Act (chapter C‐19).

2000, c. 56, Sch. I, s. 66.

67. The fund shall be used exclusively to pay grants, on the recommendation of the arts council, and to defray the administrative costs of the arts council.

At the end of each fiscal year, the treasurer of the arts council shall render account to it of the sums paid under the first paragraph.

2000, c. 56, Sch. I, s. 67.

68. The jurisdiction of the arts council extends to every municipality whose territory is situated in whole or in part within a 50-kilometre radius of the territory of the city and which has expressed such a desire by a resolution of its council transmitted to the clerk of the city.

The council of such a municipality is empowered to pass the resolution provided for in the first paragraph.

The resolution remains in force for a period of three years ; it is thereafter tacitly renewed every three years for a new three-year period unless the municipality has given the clerk of the city a notice to the opposite effect at least six months before the date of expiry of the three-year period then in effect.

The arts council has jurisdiction in respect of the municipality as long as the resolution remains in force.

2000, c. 56, Sch. I, s. 68.

69. The city shall fix the annual contribution that must be paid into the fund by a municipality in respect of which the arts council has jurisdiction pursuant to section 68 ; it shall also fix the terms and conditions and the time of payment of the contribution.

A municipality may require the city to fix in its respect, for a period of three years, the contribution, the terms and conditions and the time referred to in the first paragraph before it transmits its resolution to the clerk of the city in accordance with the first paragraph of section 68, or, where applicable, at least one month before the expiry of the time allowed it to give a notice in accordance with the third paragraph of that section.

2000, c. 56, Sch. I, s. 69.

70. A municipality in respect of which the arts council has jurisdiction pursuant to section 68 is authorized and required to pay into the fund the annual contribution fixed in its regard in accordance with section 69.

2000, c. 56, Sch. I, s. 70.

71. For the purposes of this division, “territory of the city” includes the territory of a municipality in respect of which the arts council has jurisdiction pursuant to section 70.

2000, c. 56, Sch. I, s. 71.

DIVISION VIII PUBLIC SAFETY COMMITTEE

72. In addition to any other committee that may be created by the council, the public safety committee of Ville de Montréal is hereby established. It is composed of seven members, including a chair and a vice-chair.

One member of the committee is appointed by the Government. The city pays the member the salary fixed by the Government, which also fixes the member’s other conditions of employment and his or her term of office. The other six members of the committee are appointed by the council from among its members.

2000, c. 56, Sch. I, s. 72.

73. The function of the committee is to examine any question concerning public safety and to make the recommendations it considers appropriate to the council. The committee shall carry out its function at the request of the council or the executive committee, or on its own initiative.

2000, c. 56, Sch. I, s. 73.

74. The committee must hold at least four meetings per year, at least two of which shall be public meetings.

2000, c. 56, Sch. I, s. 74.

DIVISION IX PUBLIC CONSULTATION OFFICE

75. An Office to be known as “Office de consultation publique de Montréal” is hereby established.

2000, c. 56, Sch. I, s. 75.

76. The council shall designate, by a decision made by two-thirds of the members having voted, a president of the Office from among the candidates having special competence as regards public consultation, and may designate commissioners. The council may, in the same resolution, determine their remuneration and other conditions of employment, subject, where applicable, to a by-law made under section 79.

The president shall be appointed for a term not exceeding four years. The office of president is a full-time position.

The term of office of a commissioner shall be specified in the resolution appointing the commissioner and shall not exceed four years. Where the term is not mentioned in the resolution, it shall be four years.

2000, c. 56, Sch. I, s. 76; 2001, c. 25, s. 257.

77. The city council may, at the request of the president of the Office and by a decision made by two-thirds of the votes cast, appoint, for the period determined in the resolution, any additional commissioner chosen from a list prepared by the executive committee, and determine the president’s remuneration and other conditions of employment.

The president may, annually, propose a list to the executive committee.

Only persons having special competence as regards public consultation may be entered on a list referred to in the first or second paragraph.

2000, c. 56, Sch. I, s. 77; 2001, c. 25, s. 258.

78. The members of the city council or of a borough council and the officers and employees of the city are disqualified from exercising the functions of president or commissioner.

2000, c. 56, Sch. I, s. 78.

79. The city council may, by a by-law adopted by two-thirds of the votes cast, fix the remuneration of the president and the commissioners. The president and the commissioners are entitled to reimbursement by the Office of authorized expenses incurred in the exercise of their functions.

2000, c. 56, Sch. I, s. 79; 2001, c. 25, s. 259, s. 260.

80. The president may retain the services of the personnel the president requires for the exercise of the functions of the Office and fix their remuneration. Employees of the Office are not city employees.

The city council may also assign any employee of the city it designates to the functions of the Office.

The treasurer of the city or the assistant designated by the treasurer is by virtue of office treasurer of the Office.

2000, c. 56, Sch. I, s. 80.

81. The fiscal year of the Office coincides with the fiscal year of the city, and the auditor of the city shall audit the financial statements of the Office, and, within 120 days after the end of the fiscal year, make a report of his or her audit to the council.

2000, c. 56, Sch. I, s. 81.

82. The council shall put the sums necessary for the exercise of the Office’s functions at its disposal.

The council shall, by by-law, prescribe the minimum amount of the sums that are to be put at the Office’s disposal each year. The treasurer of the city must include the amount so prescribed in the certificate the treasurer prepares in accordance with section 474 of the Cities and Towns Act (chapter C‐19).

2000, c. 56, Sch. I, s. 82.

83. The functions of the Office shall be

(1)  to propose a regulatory framework for the public consultations carried out by the official of the city in charge of such consultations pursuant to any applicable provision so as to ensure the establishment of credible, transparent and effective consultation mechanisms ;

(2)  to hold the public consultations required under any applicable provision or requested by the city council, respecting amendments and revisions of the city’s planning program ;

(3)  to hold public hearings in the territory of the city, at the request of the city council or the executive committee, on any project designated by the council or the committee.

The council shall determine, by by-law and according to categories established on the basis of the type and size of the projects that may be considered in the territory of the city, those projects which may be designated pursuant to subparagraph 3 of the first paragraph.

The Office shall report on its activities to the council at the request of the council or of the executive committee and in any case at least once a year. On that occasion, the Office may make any recommendation to the council.

2000, c. 56, Sch. I, s. 83.

DIVISION X INTERCULTURAL BOARD

83.1. An intercultural board is hereby established under the name “Conseil interculturel de Montréal”.

2001, c. 25, s. 261.

83.2. The intercultural board has the following functions:

(1)  to advise and give its opinion to the city council and executive committee on services and municipal policies to facilitate the integration and participation of members of cultural communities in the political, economic, social and cultural life of the city;

(2)   to provide, on its own initiative or at the request of the city council or executive committee, its opinion on any matter of interest for the cultural communities or on any matter relating to intercultural relations within the fields of municipal jurisdiction, and to make recommendations to the city council and executive committee;

(3)  to solicit opinions and receive and hear requests and suggestions from persons or groups concerning matters pertaining to intercultural relations;

(4)  to conduct or commission any studies and research it considers relevant or necessary to the exercise of its functions.

The city council may, by by-law, confer any other power on the intercultural board or impose on it any other duty it considers advisable to better enable it to attain its objects.

2001, c. 25, s. 261.

83.3. The intercultural board may, on its own initiative or at the request of the city council or executive committee, establish special committees whose purpose is to study special questions. The board shall determine the terms of reference of the committees.

2001, c. 25, s. 261.

83.4. The city council shall determine, by by-law, the number of members composing the intercultural board, the qualifications they must have, in addition to those provided for in the second paragraph of section 83.5, the duration of their terms and the method of their replacement, as well as the rules of internal management and operation of the intercultural board, and the rules of procedure for its meetings.

2001, c. 25, s. 261.

83.5. The city council shall appoint, by a decision made by two-thirds of the members who are present, the members of the intercultural board and designate a president and one or two vice-presidents from among the members.

The members shall be chosen for their interest and experience in intercultural relations and so as to reflect the composition of Québec society and, in particular, Montréal society.

The term of office of the members may be renewed consecutively only once.

2001, c. 25, s. 261.

83.6. The city council may, by a by-law adopted by a two-thirds majority of the votes cast, fix the remuneration of the president and vice-president of the intercultural board. The other members are not remunerated. All are entitled to reimbursement by the intercultural board for expenses authorized by the intercultural board and incurred by them in the exercise of their functions.

2001, c. 25, s. 261; 2001, c. 68, s. 123.

83.7. The city council may assign any employee of the city it designates to the functions of the intercultural board.

The treasurer of the city or such assistant as the treasurer may designate is by virtue of office the treasurer of the intercultural board.

The director general of the city or the director general’s duly delegated representative shall take part, without the right to vote, in the meetings of the intercultural board.

2001, c. 25, s. 261.

83.8. The fiscal year of the intercultural board coincides with that of the city, and the city’s auditor shall audit the financial statements of the board and, within 120 days following the expiry of the fiscal year, make a report of that audit to the city council.

2001, c. 25, s. 261; 2001, c. 68, s. 124.

83.9. The city council shall place at the disposal of the intercultural board the sums necessary for the exercise of its functions.

The city council shall, by by-law, prescribe the minimum amount of the sums that must be placed every year at the disposal of the intercultural board. The treasurer of the city must include the amount so prescribed in the certificate the treasurer prepares in accordance with section 474 of the Cities and Towns Act (chapter C-19).

2001, c. 25, s. 261.

83.10. At least once a year, the intercultural board shall report on its activities to the city council at the request of the city council or the executive committee. On that occasion, the intercultural board may make any recommendation to the city council.

2001, c. 25, s. 261.

DIVISION XI HERITAGE BOARD

83.11. A heritage board is hereby established under the name “Conseil du patrimoine de Montréal”.

O.C. 1308-2001, s. 9.

83.12. The city council shall determine by by-law the number of members constituting the heritage board, the duties that the board must perform, as well as the powers it may exercise.

O.C. 1308-2001, s. 9.

83.13. The city council shall appoint the members of the heritage board and designate from among them a chair and one or two vice-chairs.

The members shall be chosen according to their interest and their experience with respect to the heritage and so as to reflect Québec’s society and, in particular, Montréal’s society.

The term of a member may not be renewed consecutively more than once.

O.C. 1308-2001, s. 9.

83.14. Every decision of the council referred to in sections 83.12 and 83.13 shall be made by two-thirds of the votes cast.

O.C. 1308-2001, s. 9.

CHAPTER III JURISDICTION

DIVISION I GENERAL PROVISIONS

84. The city has jurisdiction in all matters within the jurisdiction of a local municipality, and shall exercise its powers and fulfil its obligations in respect thereof, subject to any provision of this Act or of any order made by the Government under section 9.

The city shall act through its council if the apportionment of jurisdiction provided by this Act does not implicitly or explicitly enable a determination to be made as to whether the power to act lies with the city council or with the borough council.

2000, c. 56, Sch. I, s. 84.

84.1. Only the city council may submit, for the purposes of section 517 of the Act respecting elections and referendums in municipalities (chapter E-2.2), to all the qualified voters of all or part of the territory of the city, a question relating to a jurisdiction of the city council or a jurisdiction of a borough council.

2001, c. 25, s. 262.

85. The city council may, subject to the conditions it determines, provide a borough council with a service related to a jurisdiction of the borough council ; the resolution of the city council shall take effect on passage by the borough council of a resolution accepting the provision of services.

A borough council may, subject to the conditions it determines, provide the city council with a service related to a jurisdiction of the city council ; the resolution of the borough council shall take effect on passage by the city council of a resolution accepting the provision of services.

Every decision under the first or second paragraph shall be made by a two-thirds majority of the votes cast.

2000, c. 56, Sch. I, s. 85.

85.1. A borough council may, on the conditions it determines, provide to the council of another borough any service related to one of its jurisdictions. The resolution offering such a provision of service becomes effective on the adoption of a resolution accepting the offer.

Every decision under the first paragraph must be made by two-thirds of the votes cast.

2001, c. 25, s. 263.

85.2. The borough council shall obtain the authorization of the city council before paying a subsidy to a non-profit body that instituted proceedings against the city.

The city may ask a non-profit body for all or part of a subsidy used for another purpose than that for which it was granted by the city council or a borough council.

O.C. 1308-2001, s. 10.

86. In the event of incompatibility between a provision of a by-law of the city council and a provision of a by-law of the borough council, the former shall prevail.

2000, c. 56, Sch. I, s. 86.

DIVISION II SPECIAL FIELDS OF JURISDICTION OF THE CITY

§ 1 . — General provisions

87. In addition to what is provided in section 84, the city has, to the extent provided by this Act or by the order of the Government made under section 9, special jurisdiction, obligations and powers in the following fields :

(1)  land use planning and development ;

(2)  community, economic, cultural and social development ;

(3)  recovery and recycling of residual materials ;

(4)  culture, recreation and parks ;

(5)  social housing ;

(6)  the arterial system ;

(7)  water purification ;

(8)  police services ;

(9)  road service and vehicle towing ; and

(10)  the municipal court.

2000, c. 56, Sch. I, s. 87; 2001, c. 25, s. 264.

§ 2 . — Land use planning and development

88. The city’s planning program must include, in addition to the elements mentioned in section 83 of the Act respecting land use planning and development (chapter A-19.1), a document establishing the rules and criteria to be taken into account, in any by-law referred to in section 131, by the borough councils and requiring the borough councils to provide in such a by-law for rules at least as restrictive as those established in the complementary document.

The complementary document may include, in addition to the elements mentioned in the Act respecting land use planning and development, in relation to the whole or part of the city’s territory, rules to ensure harmonization with any by-laws that may be adopted by a borough council under section 131 or to ensure consistency with the development of the city.

2000, c. 56, Sch. I, s. 88; 2001, c. 25, s. 265.

89. The city council may, by by-law, enable the carrying out of a project, notwithstanding any by-law adopted by a borough council, where the project relates to

(1)  shared or institutional equipment, such as cultural equipment, a hospital, university, college, convention centre, house of detention, cemetery, regional park or botanical garden;

(2)  major infrastructures such as an airport, port, station, yard or shunting yard or a water treatment, filtration or purification facility;

(3)  a residential, commercial or industrial establishment situated in the business district, or if situated outside the business district, a commercial or industrial establishment the floor area of which is greater than 25,000 m²;

(4)  housing intended for persons requiring assistance, protection, care or lodging, particularly within the framework of a social housing program implemented under the Act respecting the Société d’habitation du Québec (chapter S-8);

(5)  cultural property or a historical district within the meaning of the Cultural Property Act (chapter B-4).

For the purposes of subparagraph 3 of the first paragraph, the business district comprises the part of the territory of the city bounded by Saint-Urbain street, from Sherbrooke Ouest street to Sainte-Catherine Ouest street, by Sainte-Catherine Ouest street to Clark street, by Clark street to René-Lévesque Ouest boulevard, by René-Lévesque Ouest boulevard to Saint-Urbain street, by Saint-Urbain street to Place d’Armes hill, by Place d’Armes hill to Place d’Armes, from Place d’Armes to Notre-Dame Ouest street, by Notre-Dame Ouest street to De La Montagne street, by De la Montagne street to Saint-Antoine Ouest street, by Saint-Antoine Ouest street to Lucien-Lallier street, by Lucien-Lallier street to René-Lévesque Ouest boulevard, by René-Lévesque Ouest boulevard to De La Montagne street, by De La Montagne street to the land fronting the north side of René-Lévesque boulevard, from the land fronting the north side of René-Lévesque boulevard to Drummond street, from Drummond street to Sherbrooke Ouest street and from Sherbrooke Ouest street to Saint-Urbain street.

The by-law referred to in the first paragraph may contain only the land planning rules necessary for the project to be carried out. The extent to which it amends any by-law in force adopted by the borough council must be set out clearly and specifically.

2000, c. 56, Sch. I, s. 89; 2001, c. 25, s. 265; 2002, c. 77, s. 13.

89.1. Notwithstanding the third paragraph of section 123 of the Act respecting land use planning and development (chapter A-19.1), the by-law adopted by the city council under section 89 is not subject to approval by referendum, except in the case of a by-law authorizing the carrying out of a project referred to in subparagraph 5 of the first paragraph of that section.

A by-law adopted pursuant to the first paragraph of section 89 must be submitted to public consultation conducted by the Office de consultation publique de Montréal, which for that purpose must hold public hearings and report on the consultation in a report in which it may make recommendations.

The public consultation under the second paragraph replaces the public consultation provided for in sections 125 to 127 of the Act respecting land use planning and development. In the case of a by-law subject to approval by referendum, the filing with the council of the report of the Office de consultation publique replaces, for the purposes of section 128 of the Act respecting land use planning and development, the public meeting to be held pursuant to section 125 of that Act.

However, the second paragraph and sections 125 to 127 of the Act respecting land use planning and development do not apply to a by-law authorizing the carrying out of a project referred to in subparagraph 4 of the first paragraph of section 89.

2001, c. 25, s. 265; O.C. 1308-2001, s. 11.

89.2. The city council may, by by-law, determine in which cases a by-law adopted by a borough council and that is not a concordance by-law within the meaning of any of sections 59.5, 110.4 and 110.5 of the Act respecting land use planning and development (chapter A-19.1) need not be examined for conformity with the city’s planning program.

2001, c. 25, s. 265.

90. For the purposes of paragraph 7 of section 119 of the Act respecting land use planning and development (chapter A‐19.1), the city shall assign to each borough an officer responsible for the issuing of permits and certificates.

2000, c. 56, Sch. I, s. 90.

§ 3 . — Community, economic, cultural and social development

91. The city shall prepare a plan relating to the development of its territory.

The plan shall include the objectives pursued by the city as regards community, economic, cultural and social development and the rules relating to the financial support a borough council may grant to a body carrying on its activities in the borough and whose mission is local economic, community, cultural or social development.

2000, c. 56, Sch. I, s. 91; 2001, c. 25, s. 267.

§ 4 . — Recovery and recycling of residual materials

92. The city may, in or outside its territory,

(1)  establish, own and operate

(a)  a residual materials recovery and recycling establishment ;

(b)  premises for the disposal of residue from the operation of that establishment and residual materials in possession of the city for purposes of recovery or recylcing that cannot be used for such purposes ;

(c)  premises for the disposal of residue from the operation of the waste water purification plant of the city ; and

(2)  regulate the use of an establishment or premises referred to in paragraph 1.

2000, c. 56, Sch. I, s. 92.

93. The city may, by by-law, prescribe rules relating to the transport of residual materials between the place where they are collected and the recovery and recycling establishment.

It may also, by by-law,

(1)  require a person who carries on transport referred to in the first paragraph to hold a permit for that purpose ;

(2)  prescribe the conditions and procedures for the issue and renewal of the permit, and the conditions and procedures for the suspension or revocation of a permit ;

(3)  in such cases as it may determine, require the person whose residual materials are transported to furnish the person who carries them with a bill of lading, and require the latter to keep the bill of lading in his or her possession when effecting the transport ; require each of those persons to keep a register of the bills of lading furnished or received, as the case may be ; and

(4)  prescribe the form and the minimum content of the bill of lading or register.

2000, c. 56, Sch. I, s. 93.

§ 5 . — Culture, recreation and parks

94. The city shall, by by-law, identify the parks and cultural or recreational equipment that are under the authority of the city council and those that are under the authority of the borough councils.

2000, c. 56, Sch. I, s. 94; 2001, c. 25, s. 268.

95. The city may, by by-law, determine the location of a park, whether or not the city is the owner of the land.

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

2000, c. 56, Sch. I, s. 95; 2001, c. 25, s. 269.

96. From the coming into force of the by-law provided for in section 95, the city may make an agreement with any person holding the right of ownership or any other right in respect of an immovable situated in the park concerned.

Such an agreement may provide

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

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

(3)  that the person agrees not to make improvements or changes to the immovable except with the consent of the city; and

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

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

2000, c. 56, Sch. I, s. 96.

97. The city may, by by-law, in respect of a park or recreational equipment,

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

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

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

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

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

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

(7)  prohibit or regulate posting;

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

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

(10)  prohibit or regulate the operation of businesses;

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

(12)  determine powers and obligations of employees.

2000, c. 56, Sch. I, s. 97; 2001, c. 25, s. 270.

98. The city may operate accommodation, restaurant or commercial establishments, or parking lots, in a park, for the benefit of users, or cause such establishments to be operated.

2000, c. 56, Sch. I, s. 98; 2001, c. 25, s. 271.

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

2000, c. 56, Sch. I, s. 99.

100. The city and the Minister of Culture and Communications may enter into an agreement relating to the applicability of the Cultural Property Act (chapter B‐4) to a park situated in whole or in part in a natural district within the meaning of that Act. The agreement shall contain a development plan for the whole or the part of the park situated in the natural district and may provide that an authorization required by section 48 or 49 of the Cultural Property Act is not necessary where the city carries out an operation referred to in one of those sections, if the city adheres to the development plan contained in the agreement.

Before entering into the agreement, the city shall consult the population on the draft agreement and transmit to the Minister of Culture and Communications a document setting forth the results of the consultation.

2000, c. 56, Sch. I, s. 100; 2002, c. 77, s. 14.

101. The city may, by by-law, establish bicycle paths and lanes reserved for bicycle riding, and regulate the use thereof.

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

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

For the purposes of this section, the word “bicycle” does not include a motorized bicycle.

2000, c. 56, Sch. I, s. 101.

102. The city may entrust the organization and management, on its behalf, of activities in a park under the management of the city council to non-profit bodies, and, for that purpose, enter into contracts with those bodies and grant them the sums required.

2000, c. 56, Sch. I, s. 102.

103. For the purposes of sections 94 to 102, a natural area or a corridor for recreational and sports activities is considered to be a park. However, a corridor to be used exclusively for the purposes referred to in section 101 is governed by that section rather than by the other sections.

2000, c. 56, Sch. I, s. 103.

§ 6 . — Social housing

104. The city shall establish a social housing development fund.

The city shall pay into the fund annually an amount at least equal to the basic contribution required to build the housing allocated to its territory by the Société d’habitation du Québec.

The Société shall provide the city with the information necessary to determine the amount to be paid into the fund.

2000, c. 56, Sch. I, s. 104.

§ 7 . — Arterial system

105. The city shall identify, by by-law, from among the streets and roads under the management of the city pursuant to section 467.16 of the Cities and Towns Act (chapter C‐19), those which form its arterial system and those which form the system under the authority of the borough councils.

It shall also, by by-law, establish minimum standards for the management of those systems.

The city council shall, in respect of the city’s arterial system, exercise the jurisdiction of the city as regards roads, traffic signs and signals, the control of traffic and parking; the city council may, by by-law, in respect of all the systems referred to in the first paragraph, prescribe standards for the harmonization of the rules governing roads, traffic signs and signals, the control of traffic and parking.

2000, c. 56, Sch. I, s. 105; 2001, c. 25, s. 272.

§ 7.1 . — Water purification

105.1. Subject to the Environment Quality Act (chapter Q-2), the city may, by by-law, order the carrying out, even outside its territory, of work respecting purification works serving or intended to serve its territory or of work designed to generate cost savings in respect of the collecting system.

For the purposes of the first paragraph, “purification works” means a sewer, a sewer system, a pumping station, a water purification station or any other works used to collect, receive, carry, treat or drain waste water or substances compatible with the city’s purification processes.

2001, c. 25, s. 273.

105.2. The city may receive for treatment purposes, from a person other than a municipality, waste water or other substances from its territory or elsewhere.

Before making any contract for such purpose, the city shall obtain the consent of the local municipality in whose territory the waste water or other substances originate.

2001, c. 25, s. 273.

105.3. The city is authorized to supply other persons with any service, advice, matter, material and equipment relating to the study, construction, operation, supervision or management of a water purification system.

Every agreement made under this section requires the approval of the Minister of the Environment.

2001, c. 25, s. 273.

§ 8 . — Police

106. A department of the city is hereby established under the name “service de police de la Ville de Montréal”.

Subject to the provisions of this subdivision, the Police Act (chapter P‐13.1) applies to the department.

2000, c. 56, Sch. I, s. 106.

107. The police department is composed of the chief of police, police officers and the other officers and employees necessary.

Subject to this Act, the members of the personnel of the police department shall exercise their functions under the authority of the chief of police.

2000, c. 56, Sch. I, s. 107.

108. The Government shall appoint the chief of police on the recommendation of the Minister of Public Security, who shall first consult the council and the public safety committee.

The chief of police shall take office on the date specified by the instrument of appointment, which shall be published in the Gazette officielle du Québec through the Minister of Public Security.

2000, c. 56, Sch. I, s. 108.

109. The chief of police is appointed for a term of at least five years, unless the Minister of Public Security recommends a different term ; the term is renewable.

Notwithstanding the expiry of his or her term, the chief of police shall remain in office until reappointed or replaced.

2000, c. 56, Sch. I, s. 109.

110. The Government may not dismiss the chief of police except on the recommendation of the Minister of Public Security, who must first obtain the opinion of the council and the public safety committee ; the public safety committee shall, for that purpose, hear the chief of police.

2000, c. 56, Sch. I, s. 110.

111. If the office of chief of police is vacant, the chief of police shall be replaced in the manner provided in section 108.

If the chief of police is absent or unable to act, the Government, on the recommendation of the Minister of Public Security, shall designate a person to temporarily exercise the functions of the chief of police.

2000, c. 56, Sch. I, s. 111.

112. Before taking office, the chief of police shall take the oaths set out in Schedules A and B to the Police Act (chapter P‐13.1) before the mayor ; a police officer of the police department shall take the oaths before the chief of police.

2000, c. 56, Sch. I, s. 112.

113. The chief of police shall

(1)  submit to the council, at such times as it may fix but at least every other month, a report of activities, in the form and in the manner determined by the council, to be transmitted by the mayor to the public safety committee;

(2)  supply the council and the public safety committee with any information necessary for the exercise of their functions; and

(3)  submit to the council, at its request, a detailed report on situations that disrupt order, disturb the peace or jeopardize public safety, or on the crime situation;

(4)  (paragraph repealed).

2000, c. 56, Sch. I, s. 113; O.C. 1308-2001, s. 12.

114. Subject to this Act, the chief of police is responsible for the management of the police department and the organization and conduct of its police operations.

2000, c. 56, Sch. I, s. 114.

115. The council exercises, over the police department, the chief of police and the personnel of the police department, the same authority as it exercises over the other departments of the city, the department heads and their personnel, subject to the Police Act (chapter P‐13.1).

2000, c. 56, Sch. I, s. 115.

116. The council may exercise the following powers only on the advice of the public safety committee:

(1)  the power to determine the objectives of the police department;

(2)  the power to determine the number of police officers and of officers and employees in the department;

(3)  the power to determine the hiring standards applicable to the personnel of the department; and

(4)  the power to determine the conditions of employment applicable to the members of the personnel of the department who are not employees within the meaning of the Labour Code (chapter C‐27), and to establish their retirement plan, pension plan or pension fund.

In addition, the council must have the budget of the police department, examined by the public safety committee.

2000, c. 56, Sch. I, s. 116; O.C. 1308-2001, s. 13.

117. The public safety committee shall receive the comments or representations of any person or group of persons in respect of the objectives and administration of the police department, and may proceed with such consultations as it considers expedient.

However, in no case may the committee proceed with consultations on any question that is the subject of an investigation of the police ethics commissioner or of a person commissioned to conduct an investigation under sections 280 and 281 of the Police Act (chapter P‐13.1).

2000, c. 56, Sch. I, s. 117.

118. As regards discipline, the council shall, on the recommendation of the chief of police, rule in respect of police officers who are not employees within the meaning of the Labour Code (chapter C‐27), subject to, where the police officer has been in the service of the city for at least six months, their right of appeal under section 89 of the Police Act (chapter P‐13.1).

2000, c. 56, Sch. I, s. 118.

119. Unless authorized by the Attorney General, no recourse provided in articles 33 or 834 to 850 of the Code of Civil Procedure (chapter C‐25) may be exercised nor any injunction granted against the city or the members of the council by reason of acts done by them when acting in their official capacities under this subdivision.

2000, c. 56, Sch. I, s. 119.

120. A judge of the Court of Appeal, upon a motion, may summarily annul any writ, order or injunction issued or granted contrary to section 119.

2000, c. 56, Sch. I, s. 120.

121. Police officers who are not employees within the meaning of the Labour Code (chapter C‐27) shall remain in office during good behaviour until the retirement age fixed for them by the council after consultation with the association representing the members of the superior staff.

They shall not be dismissed except by the council, acting on the recommendation of the chief of police, in the manner provided in sections 87 to 89 of the Police Act (chapter P‐13.1).

2000, c. 56, Sch. I, s. 121.

122. The conditions of employment of the police officers who are not employees within the meaning of the Labour Code (chapter C‐27), and their retirement plan, pension plan or pension fund, shall be established in accordance with subparagraph 4 of the first paragraph of section 116.

2000, c. 56, Sch. I, s. 122.

§ 9 . — Road service and vehicle towing

123. The city may regulate road service and vehicle towing in any part of its territory not covered by a regulation made by the Government for that purpose under the Act respecting the Ministère des Transports (chapter M‐28).

To regulate road service and vehicle towing, the city may, by by-law,

(1)  require that the appropriate permit issued by the city be held by persons operating or using a road service vehicle in its territory;

(2)  establish classes of permits based on the classes of road service vehicles established under subparagraph 6;

(3)  determine the qualifications and knowledge required of applicants for a permit, the term and other conditions applying to the issue and renewal of permits, and the information and documents to be provided by applicants;

(4)  determine the subject matter for the examinations to be taken by all permit applicants, the nature of the examinations and the pass mark;

(5)  determine the grounds on which the issue or renewal of permits may be refused, or on which permits may be suspended or revoked;

(6)  establish classes of road service vehicles and prescribe the characteristics of each class;

(7)  prescribe, for each class of road service vehicle, the mandatory accessories, devices and equipment for the vehicles in that class;

(8)  fix, according to the classes of towed vehicles it determines, the rates that may be charged by permit holders;

(9)  prescribe the obligations of permit holders including, in particular, the manner in which permit holders are to conduct themselves when dealing with customers; and

(10)  prescribe the books, registers and records to be kept by permit holders.

2000, c. 56, Sch. I, s. 123.

124. The city may enter into a contract with any person to entrust the person with the provision of road service and vehicle towing services, in any part of its territory not covered by a regulation made by the Government under section 12.1.1 of the Act respecting the Ministère des Transports (chapter M‐28), in respect of any vehicle that obstructs traffic or constitutes a hazard on a public road.

Where a by-law adopted under section 123 is in force, the contract referred to in the first paragraph may be entered into only with a holder of the appropriate permit. The contract may, however, contain stipulations that depart from the provisions of the by-law adopted under subparagraphs 7 to 10 of the second paragraph of that section.

Road service and vehicle towing services that are covered by a contract entered into under this section may be provided, if the vehicle no longer obstructs traffic or no longer constitutes a hazard on the public road, by a person other than the person authorized under the contract.

2000, c. 56, Sch. I, s. 124.

125. An inspector responsible for the application of a by-law adopted under section 123 may, in performing his or her duties, enter a building or on land at any reasonable time and inspect any vehicle, accessory, device or equipment to which the by-law applies.

The inspector may examine the books, registers and records of any person operating or using a road service vehicle in any part of the territory of the city in which the by-law applies, and make copies of the books, registers and records. The inspector may, in addition, require any information to be furnished relating to the application of the by-law.

2000, c. 56, Sch. I, s. 125.

126. No person may hinder an inspector in the performance of his or her duties. In particular, no person may deceive or attempt to deceive an inspector by concealment or false declarations.

On demand, the inspector must produce identification and a certificate of appointment as an inspector, signed by the department head or the person responsible for the administrative unit to which the inspector is attached.

2000, c. 56, Sch. I, s. 126.

127. Every person who provides the road service or vehicle towing services covered by a contract under section 124 without being authorized to do so under such a contract is guilty of an offence.

2000, c. 56, Sch. I, s. 127.

128. The city may, by by-law, prescribe that an offence under section 126 or 127 entails the penalty prescribed in the by-law, which may not exceed the amounts fixed under the second paragraph of section 369 of the Cities and Towns Act (chapter C‐19).

2000, c. 56, Sch. I, s. 128.

DIVISION III JURISDICTION OF THE BOROUGH COUNCIL

§ 1 . — General provisions

129. The borough council may submit opinions and make recommendations to the city council on the budget, the establishment of budgetary priorities, the preparation or amendment of the planning program, amendments to planning by-laws, or any other subject submitted to it by the city council.

2000, c. 56, Sch. I, s. 129.

130. The borough council has, for the borough and to the extent provided by this Act or by the order of the Government made under section 9, jurisdiction, powers and obligations in the following fields:

(1)  urban planning;

(2)  exceptions to the prohibition from converting immovables to divided co-ownership ;

(3)  fire safety and civil protection;

(4)  removal of residual materials;

(5)  local economic, community, cultural and social development;

(6)  culture, recreation and borough parks; and

(7)  local roads.

Subject to the provisions of this Act or of the order of the Government made under section 9, the borough council exercises on behalf of the city, with respect to its jurisdictions and with the necessary modifications, all the powers and is subject to all the obligations assigned to or imposed on the council of a local municipality by the Cities and Towns Act (chapter C-19) or any other act, other than the power to borrow, the power to levy taxes and the power to sue and be sued.

The borough council may, by by-law, delegate any power related to the exercise of its jurisdiction in matters of personnel management to any officer or employee assigned by the city to the borough. The by-law shall indicate the conditions to which the delegation is subject. The officer or employee to which such a delegation has been made shall report to the borough council on any decision made in relation to the delegated power at the first regular meeting after the expiry of five days following the decision.

The borough council shall maintain a borough office, for the purposes of issuing permits and affording the population access to information on any matter within the authority of the city council or of the borough council.

2000, c. 56, Sch. I, s. 130; 2001, c. 25, s. 274; O.C. 1308-2001, s. 14; 2001, c. 76, s. 190; 2002, c. 37, s. 44.

§ 2 . — Urban planning

131. The borough council shall exercise the jurisdiction of the city as regards zoning and subdivision provided for in the Act respecting land use planning and development (chapter A-19.1), except the jurisdiction referred to in sections 117.1 to 117.16 of that Act, and the city’s jurisdiction as regards matters referred to in Divisions VI, VII, VIII, X and XI of Chapter IV of Title I of that Act.

Among the modifications required for the purposes of the Act respecting land use planning and development in applying the first paragraph, the following modifications are particularly applicable: section 110.10.1 of that Act does not apply; the notice required under section 126 of that Act shall be posted at the borough office and must mention that a copy of the draft by-law is available for consultation at the borough office; the summary referred to in section 129 of that Act may be obtained at the borough office; and the notice referred to in section 145.6, published in accordance with the Cities and Towns Act (chapter C-19), shall be posted at the borough office.

For the purposes of the first paragraph and of the Act respecting land use planning and development, every provision amending a by‐law adopted under the Charter of the city of Montréal (1959‐1960, chapter 102) and repealed by section 200, concerning a matter referred to in section 123 of that Act or in another section of that Act to which that section refers is deemed to be adopted under the corresponding provision of the Act respecting land use planning and development.

2000, c. 56, Sch. I, s. 131; 2001, c. 25, s. 275; 2002, c. 37, s. 45.

132. The borough council may, in accordance with Chapter V of Title I of the Act respecting land use planning and development (chapter A‐19.1), with the necessary modifications, establish an advisory planning committee.

2000, c. 56, Sch. I, s. 132.

133. For the purpose of ensuring conformity with the city’s planning program of all concordance by-laws within the meaning of sections 59.5, 110.4 and 110.5 of the Act respecting land use planning and development (chapter A-19.1) which are adopted by a borough council, sections 137.2 to 137.8 of that Act apply in lieu of sections 137.10 to 137.14, with the necessary modifications.

Among the modifications required in applying the first paragraph, the following modifications are applicable: the city council shall establish the rules applicable for the purposes of the transmission of certified true copies of by-laws and resolutions adopted by the borough councils with a view to their examination by the city council, for the purposes of an alternative to service of those documents where the said sections require service on the regional county municipality, and for the purpose of fixing the dates on which those documents are deemed to be transmitted or served; the city council shall also identify the officer responsible for issuing assessments of conformity.

Sections 137.2 to 137.8 and 137.15 to 137.17 of the Act respecting land use planning and development also apply to any by-law referred to in section 131, adopted by a borough council, that is not a concordance by-law, with the necessary modifications and the modifications under the second paragraph.

2000, c. 56, Sch. I, s. 133; 2001, c. 25, s. 276.

§ 3 . — Exceptions to the prohibition from converting immovables to divided co-ownership

134. The borough council exercises the jurisdiction of the city on the granting of exceptions to the prohibition from converting immovables to divided co-ownership in accordance with the Act respecting the Régie du logement (chapter R‐8.1).

2000, c. 56, Sch. I, s. 134; 2001, c. 25, s. 277.

§ 4 . — Fire safety and civil protection

135. The borough council shall participate, by its recommendations, in the preparation of the city’s fire safety cover plan and civil protection plan and their amendments and revisions, and promote the implementation in the borough of the measures contained in the plans.

2000, c. 56, Sch. I, s. 135; 2001, c. 76, s. 190.

§ 5 . — Removal of residual materials

136. The borough council shall exercise the jurisdiction of the city as regards the removal of residual materials.

2000, c. 56, Sch. I, s. 136.

§ 6 . — Local economic, community, cultural and social development

2001, c. 25, s. 278; 2001, c. 68, s. 125.

137. Notwithstanding the Municipal Aid Prohibition Act (chapter I‐15), the borough council may, in accordance with the rules established in the development plan prepared by the city pursuant to section 91, provide financial support to a body carrying on its activities in the borough and whose mission is local economic, community, cultural or social development.

2000, c. 56, Sch. I, s. 137; 2001, c. 25, s. 279; 2001, c. 68, s. 126.

§ 7 . —

Repealed, 2001, c. 25, s. 280.

2001, c. 25, s. 280.

138. (Repealed).

2000, c. 56, Sch. I, s. 138; 2001, c. 25, s. 280.

139. (Repealed).

2000, c. 56, Sch. I, s. 139; 2001, c. 25, s. 280.

140. (Repealed).

2000, c. 56, Sch. I, s. 140; 2001, c. 25, s. 280.

§ 8 . — Culture, recreation and borough parks

141. The borough council exercises the powers of the city in respect of the parks and the cultural and recreational equipment within its jurisdiction pursuant to the by-law adopted under section 94, except those provided for in sections 99 and 100.

The borough council is also responsible for the organization of recreational sports and sociocultural activities. It may for that purpose and in accordance with the rules established in the development plan prepared by the city pursuant to section 91 provide financial support to bodies whose goal is to organize and foster physical or cultural activity.

2000, c. 56, Sch. I, s. 141; 2001, c. 25, s. 281.

§ 9 . — Local roads

142. The borough council exercises, in respect of the streets and roads under its responsibility pursuant to the by-law adopted by the city council for the purposes of section 105 and in a manner consistent with the rules prescribed under the second and third paragraphs of that section, the jurisdictions of the city as regards roads, traffic signs and signals, the control of traffic and parking.

2000, c. 56, Sch. I, s. 142; 2001, c. 25, s. 282.

CHAPTER IV SPECIAL FINANCIAL AND FISCAL PROVISIONS

DIVISION I FINANCIAL PROVISIONS

143. The city shall determine the annual allotment to be made to each borough council according to a formula it determines that establishes, among other things, elements of equalization among the boroughs.

2000, c. 56, Sch. I, s. 143.

144. The borough council is responsible for the management of its budget.

It must, however, administer its allotment in conformity with the minimum standards fixed by by-law of the city council regarding the level of services to be offered by each borough council.

2000, c. 56, Sch. I, s. 144.

145. The only mode of tariffing which may be used by the borough council to finance all or part of its property, services or activities is a tariff involving a fixed amount charged on an ad hoc basis, in the form of a subscription or under terms similar to those of a subscription, for the use of a property or service or in respect of a benefit derived from an activity.

No borough council may require the inhabitants and ratepayers of the other city boroughs to pay an amount greater than the amount required from the inhabitants and ratepayers of the borough.

Revenues generated by the application by the borough council of a mode of tariffing referred to in the first paragraph are for the exclusive use of the borough council.

2000, c. 56, Sch. I, s. 145.

146. The borough council may request the city to grant it an additional amount with a view to increasing the level of its services.

Where the city grants the borough council’s request, the city shall, to finance such additional amount, require compensation from the owners or occupants of immovables situated in the borough, or levy a tax on all or any portion of the taxable immovables situated in the borough.

2000, c. 56, Sch. I, s. 146; 2001, c. 25, s. 283.

147. Every agreement entailing commitment of the city’s funds by a borough council for a period extending beyond the fiscal year in which the agreement is made must be authorized by the city council.

The city council may, by by-law, provide for exceptions to the rule set out in the first paragraph.

Every by-law by which the borough council delegates the power to authorize expenditures to an officer or employee assigned by the city to the borough must be authorized by the city council where the authorization of expenditures that may be granted under the delegation entails commitment of the city’s credit for a period extending beyond the fiscal year in which the authorization is granted.

2000, c. 56, Sch. I, s. 147; 2002, c. 37, s. 46.

148. A loan by-law need not be submitted for approval to the qualified voters

(1)  if repayment of the loan ordered therein is charged entirely to the owners of immovables in the whole territory of the city; or

(2)  if the subject of the by-law is the execution of permanent work on park development, the development of banks and shores, water treatment, waterworks, sewers, bicycle paths, underground conduits, road surfacing, curbs, sidewalks, lighting and traffic signs and signals, and the acquisition by agreement or expropriation of immovables or servitudes required for the execution of that permanent work.

In addition, where repayment of the loan is, in accordance with section 487 of the Cities and Towns Act (chapter C‐19), charged partly to the owners of immovables in the whole territory of the city and partly to the owners of immovables in part of the territory,

(1)  the by-law need not be submitted for approval to the qualified voters where the portion charged to the owners in part of the territory is less than 25%; and

(2)  where that portion is 25% or more, the by-law must be submitted to the approval of the qualified voters in the part of the territory concerned.

Where subparagraph 2 of the second paragraph applies, sections 561.1 and 561.2 and the second paragraph of section 561.3 of the Cities and Towns Act apply, subject to the percentage of 75% provided for in the second paragraph of section 561.3 being read as 25%.

2000, c. 56, Sch. I, s. 148; 2001, c. 25, s. 284; 2002, c. 77, s. 15.

148.1. Notwithstanding the fifth paragraph of subsection 3 of section 474 of the Cities and Towns Act (chapter C-19), where, on 1 January, the city’s budget is not adopted, one-quarter of each appropriation provided for in the budget of the preceding fiscal year is deemed to be adopted. The same rule applies on 1 April, 1 July and 1 October if, on each of those dates, the budget has not yet been adopted.

2001, c. 25, s. 285.

DIVISION II FISCAL PROVISIONS

§ 1 . — Interpretation and general provisions

149. For the purposes of this division, the territory of each local municipality referred to in section 5 constitutes a sector.

2000, c. 56, Sch. I, s. 149; 2001, c. 25, s. 286.

149.1. The city is subject to the rules provided for by the applicable legislation in respect of all the local municipalities, in particular the rules that prevent the fixing of different general property tax rates according to the parts of the municipal territory and the rules that provide for the use of specific sources of revenue to finance expenditures relating to debts.

The city may, however, depart from those rules but only insofar as is necessary for the application of any of the provisions of this division or of section 8.

2001, c. 25, s. 286; O.C. 1308-2001, s. 15.

149.2. Where, under any provision of this Division, revenues of the city or a municipality referred to in section 5 for a given fiscal year must be compared with revenues of the city for the following fiscal year, the revenues provided for in each budget adopted for those two fiscal years shall be considered.

Notwithstanding the foregoing, where a statement comparing the revenues provided for in the budget and those which, according to later forecasts, will be the revenues of the fiscal year shows the necessity to update budgetary forecasts, the updated forecasts shall be considered, provided that the statement is filed before the city adopts the budget for the following fiscal year. If several statements are filed successively, the last one shall be considered.

O.C. 1308-2001, s. 16.

§ 2 . — Limitation on increases in the tax burden

150. The city shall avail itself either of the power provided for in section 150.1 and, if it imposes the business tax, of that provided for in section 150.2, or of the power provided for in section 150.7.

2000, c. 56, Sch. I, s. 150; 2001, c. 25, s. 286.

150.1. The city may, for a fiscal year, fix any general property tax rate in such manner that, in relation to the preceding fiscal year, the increase in the tax burden borne by the aggregate of the units of assessment situated in a sector and in respect of which all or part of the rate applies is not greater than 5%.

The tax burden shall consist of

(1)  the revenues derived from the general property tax which result from the application of all or part of a rate of that tax;

(2)  the revenues derived from other taxes, including the taxes imposed on the basis of the rental value of immovables and compensations considered by the applicable legislation to be taxes, in particular the taxes used to finance services such as the supply of drinking water, waste water purification, snow removal, waste disposal, and residual materials upgrading;

(2.1)  the revenues considered in establishing the aggregate taxation rate and derived from compensations and modes of tariffing not referred to in subparagraph 2;

(3)  the revenues derived from the amounts to stand in lieu of taxes that must be paid in respect of immovables by the Government in accordance with the second paragraph of section 210 of the Act respecting municipal taxation (chapter F-2.1) or by the Government in accordance with section 254 and the first paragraph of section 255 of that Act, or by the Crown in right of Canada or by one of its mandataries;

(4)  the revenues of which the city has deprived itself by granting a credit in respect of any of the sources of revenue referred to in any of subparagraphs 1 to 3, for the application of section 8 as regards the allocation of the credit from a surplus.

However, the revenues referred to in the second paragraph which are used to finance expenditures relating to debts shall be excluded from the tax burden.

The rate specific to the category referred to in section 244.36 of the Act respecting municipal taxation is not a general property tax rate to which the first paragraph and subparagraph 1 of the second paragraph applies. For the purposes of subparagraphs 2 and 3 of the second paragraph, “immovables” means business establishments when the business tax or the sum in lieu thereof is involved.

2001, c. 25, s. 286; O.C. 1308-2001, s. 17; 2001, c. 68, s. 127.

150.2. The city may, for a fiscal year, fix the rate of the business tax in such manner that, in relation to the preceding fiscal year, the increase in the revenues derived from that tax in respect of all the business establishments situated in a sector is not greater than 5%.

The revenues derived from the amounts to stand in lieu of the business tax that must be paid by the Government in accordance with the second paragraph of section 210 or the second paragraph of section 254 and the first paragraph of section 255 of the Act respecting municipal taxation (chapter F-2.1), or that must be paid by the Crown in right of Canada or one of its mandataries, shall be included in those revenues.

2001, c. 25, s. 286; 2001, c. 68, s. 128.

150.3. If the city avails itself of any of the powers provided for in sections 150.1 and 150.2, it may replace the maximum percentage increase in that section by another maximum percentage increase, applicable only to the group formed of the sectors concerned, which must be less than 5%.

2001, c. 25, s. 286.

150.4. Where the increase under section 150.1 or 150.2 does not result solely from the constitution of the city, the maximum shall apply only in respect of the part of the increase that results from the constitution.

2001, c. 25, s. 286.

150.5. If the city avails itself of any of the powers provided for in sections 150.1 and 150.2, it shall, subject to any regulation under the second paragraph, prescribe the rules to determine whether the increase under that section results solely from the constitution of the city and, if not, to establish the part resulting from the constitution.

The Government may, by regulation, determine the only cases in which an increase is deemed not to result from the constitution of the city.

If the city avails itself of the power provided for in section 150.1 and if, for any fiscal year referred to in that section, the surtax or the tax on non-residential immovables is imposed, the city must prescribe the rules to enable the appropriate correspondences to be made so as to obtain the same results, as regards the application of that section, were the general property tax imposed for the fiscal year, pursuant to section 244.29 of the Act respecting municipal taxation (chapter F-2.1), with a rate specific to the category referred to in section 244.33 of that Act.

2001, c. 25, s. 286; 2001, c. 68, s. 129.

150.6. For the purpose of the establishment of the percentage increase referred to in section 150.1 for the fiscal year 2002, where the local municipality whose territory constitutes the sector concerned has appropriated as revenue for the fiscal year 2001 all or part of its surpluses from preceding fiscal years, in an amount exceeding the average of the amounts it appropriated for the fiscal years 1996 to 2000, the difference obtained by subtracting from that excess amount the amount of the sum that the municipality was exempted from paying, by the operation of sections 90 to 96 of chapter 54 of the statutes of 2000, for the special local activities financing fund, shall be included for the fiscal year 2001 in the tax burden borne by the aggregate of the units of assessment situated in the sector.

2001, c. 25, s. 286.

150.7. The city may prescribe the rules enabling it to grant an abatement for a fiscal year in such manner that, in relation to the preceding fiscal year, any increase in the tax burden borne by a unit of assessment or a business establishment is not greater than 5 %.

The last three paragraphs of section 150.1 and sections 150.2 to 150.6 apply, with the necessary modifications, for the purposes of the limitation on the increase under the first paragraph.

If it avails itself of the power provided for in the first paragraph, the city shall determine the rules to enable the rules set out in the provisions among those referred to in the second paragraph which take into consideration aggregates of units or of establishments, to be adapted to each unit of assessment or business establishment considered individually.

2001, c. 25, s. 286; O.C. 1308-2001, s. 18.

§ 3 . — Limitation on decreases in the tax burden

151. The city may, for a fiscal year, fix any general property tax rate in such manner that, in relation to the preceding fiscal year, the decrease in the tax burden borne by the aggregate of the units of assessment situated in a sector and in respect of which all or part of the rate applies is not greater than the percentage, applicable only to the group formed of the sectors concerned, fixed by the city.

The last three paragraphs of section 150.1, the third paragraph of section 150.5 and section 150.6 apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

2000, c. 56, Sch. I, s. 151; 2001, c. 25, s. 286; O.C. 1308-2001, s. 19.

151.1. The city may, for a fiscal year, fix the rate of the business tax in such manner that, in relation to the preceding fiscal year, the decrease in the revenues derived from that tax in respect of the aggregate of the business establishments situated in a sector is not greater than the percentage, applicable only to the group formed of the sectors concerned, fixed by the city.

The revenues derived from the amounts to stand in lieu of the business tax that must be paid by the Government in accordance with the second paragraph of section 210 or the second paragraph of section 254 and the first paragraph of section 255 of the Act respecting municipal taxation (chapter F-2.1), or that must be paid by the Crown in right of Canada or one of its mandataries, shall be included in those revenues.

2001, c. 25, s. 286; 2001, c. 68, s. 130.

151.2. If the city does not avail itself of the power provided for in section 151 or 151.1, it may prescribe the rules enabling it to require a supplement for a fiscal year in such manner that, in relation to the preceding fiscal year, the decrease in the tax burden borne by any unit of assessment or any business establishment is not greater than the percentage, applicable only to the group formed of the whole territory, fixed by the city.

The last three paragraphs of section 150.1, the third paragraph of section 150.5 and section 150.6, in the case of a unit of assessment, or the second paragraph of section 151.1, in the case of a business establishment, apply, with the necessary modifications, for the purposes of the limitation on the decrease under the first paragraph.

If it avails itself of the power provided for in the first paragraph, the city shall determine the rules to enable the rules set out in the provisions among those referred to in the second paragraph which take into consideration aggregates of units or of establishments, to be adapted to each unit of assessment or business establishment considered individually.

2001, c. 25, s. 286; O.C. 1308-2001, s. 20.

§ 4 . — Miscellaneous provisions

151.3. The city may avail itself of the powers provided for in Division III.1 of Chapter XVIII of the Act respecting municipal taxation (chapter F-2.1) in respect of one sector without doing so in respect of another sector, or it may avail itself of such powers in a different manner according to the sectors.

For each of the fiscal years from 2002 to 2006, the city must impose the general property tax under section 244.29 of the Act respecting municipal taxation, with a rate specific to the category referred to in section 244.36 of that Act, or impose the surtax on vacant land, and for that purpose comply with the rules provided for in the following paragraphs the effect of which, among other things, is to allow rates to be fixed that differ according to the sectors.

As regards a sector in which the general property tax was imposed for the fiscal year 2001 with such a specific rate or a sector in which the surtax was imposed for that fiscal year, the city is required, for each of the fiscal years from 2002 to 2006, to impose that tax or surtax, subject to any provision of an Act or order determining the fiscal year until which the city may impose the surtax. If the city imposes the general property tax with such a specific rate, the rate it fixes for that sector must be equal to the maximum provided for in section 244.49 of the Act respecting municipal taxation; if the city imposes the surtax under subsection 3 of section 486 of the Cities and Towns Act (chapter C-19), the amount of the surtax for each immovable concerned in the sector must be equal to the maximum provided for in that subsection.

As regards a sector in which the general property tax was not imposed for the fiscal year 2001 with a rate specific to the category referred to in section 244.36 of the Act respecting municipal taxation, and in which the surtax on vacant land was not imposed for that fiscal year:

(1)  notwithstanding section 244.49 of that Act, the maximum applicable in respect of the particular rate fixed under the second paragraph for the sector is equal to the result of the increase in the basic rate provided for in section 244.38 of that Act that is applicable for the sector, that increase resulting in the maximum being increased by equal annual segments, from 2002 to 2006, to twice that basic rate; and

(2)  the amount of the surtax fixed in subsection 1 of section 486 of the Cities and Towns Act or, as the case may be, the maximum of that amount provided for in subsection 3 of that section is not applicable for the sector and is replaced by a maximum applicable in respect of the rate of surtax fixed under the second paragraph for the sector, that maximum being equal to the maximum that would be established under subparagraph 1 if the expression “basic rate” were to mean the general property tax rate, and if only the portion of the increased rate that corresponds to the increase were taken into consideration.

2001, c. 25, s. 286; 2001, c. 68, s. 131.

151.4. Where, under section 244.29 of the Act respecting municipal taxation (chapter F-2.1), the city fixes, for a fiscal year prior to the fiscal year in which the first assessment roll drawn up specifically for the city comes into force, a general property tax rate specific to any of the categories provided for in sections 244.34 and 244.35 of that Act, the coefficient referred to in section 244.44 or 244.47 of that Act is the coefficient established on the basis of a comparison of the last two property assessment rolls of the local municipality, among the local municipalities referred to in section 5, that has the largest population for 2001.

2001, c. 25, s. 286.

151.4.1. For a fiscal year prior to the fiscal year in which the first property assessment roll drawn up specifically for the city comes into force, the city may avail itself of the power provided for in section 244.29 of the Act respecting municipal taxation (chapter F-2.1) to impose the general property tax with a rate specific to the category provided for in section 244.35 of that Act, if it does not do so for the whole of its territory, separately for any of the sectors in which that tax was imposed with such a rate for the fiscal year 2001.

In such a case,

(1)  the only other specific rate of the general property tax that may be fixed separately for the sector is the basic rate provided for in section 244.38 of the Act respecting municipal taxation;

(2)  notwithstanding section 151.4, the coefficient referred to in section 244.47 of the Act respecting municipal taxation is the coefficient established for the fiscal year 2001 in respect of the municipality referred to in section 5 whose territory constitutes the sector.

2001, c. 68, s. 132.

151.5. For the fiscal year 2002, the city shall impose the business tax in respect of a sector in which that tax was imposed for the fiscal year 2001 and refrain from imposing such a tax in respect of any other sector. In the first case, the city shall fix the rate in such manner that the revenues from the business tax estimated for the fiscal year 2002 in respect of the sector are not less than the business tax revenues of the municipality concerned for the fiscal year 2001.

For every fiscal year subsequent to the fiscal year 2002, if the city does not impose the business tax in respect of the whole of its territory it may impose the business tax in respect of any sector in which that tax was imposed for the fiscal years 2001 and 2002.

For the purposes of the first two paragraphs, the roll of rental values in force in the sector for the fiscal year 2001 shall continue to apply until the end of the last fiscal year for which it was drawn up. The city may, if necessary for the purposes of those paragraphs, cause a roll of rental values to be drawn up pursuant to the Act respecting municipal taxation (chapter F-2.1) in respect of a sector rather than in respect of the whole of its territory.

2001, c. 25, s. 286; O.C. 1308-2001, s. 21.

151.5.1. For the fiscal year 2002,

(1)  section 432.1 of the Cities and Towns Act (chapter C-19), enacted for Cité de Côte-Saint-Luc by section 1 of chapter 83 of the statutes of 1984, continues to apply in the sector corresponding to the territory of that municipality;

(2)   the first paragraph of paragraph 13 of Order in Council 1276-99 dated 24 November 1999 respecting the constitution of Ville de Lachine continues to apply in the sector corresponding to the territory of that municipality.

2001, c. 68, s. 133.

151.6. The city may establish a program for the purpose of granting, in the circumstances described in the second paragraph, a subsidy or a credit to the debtor of the general property tax imposed, for any of the fiscal years referred to in the fourth paragraph, on any unit of assessment that is eligible according to the rules provided for in the fifth paragraph.

The subsidy or credit may be granted where the following conditions are met :

(1)   for a particular fiscal year, the rental tax is not imposed in respect of a sector, either separately or within the whole territory of the city ;

(2)  the rental tax was imposed in respect of the sector referred to in subparagraph 1, for the fiscal year preceding the fiscal year referred to in that subparagraph, without being imposed in respect of the whole territory of the city ;

(3)   in respect of the sector referred to in subparagraph 1 and for the fiscal year referred to in that subparagraph, the estimated general property tax revenues derived from the application of all or part of any of the rates specific to the categories provided for in sections 244.33 and 244.34 of the Act respecting municipal taxation (chapter F-2.1), combined, where applicable, with the estimated revenues derived from the tax imposed pursuant to the sixth paragraph of section 101 of Schedule C, are greater than they would have been were it not for the loss of rental tax revenues ; and

(4)  the city does not avail itself of the power provided for in section 244.59 of the Act respecting municipal taxation.

For the purposes of the second paragraph, “rental tax” means the business tax, the tax provided for in section 101 of Schedule C where its rate is based on the rental value, or the combination of those two taxes if they cease simultaneously to be imposed in respect of the sector referred to in subparagraph 1 of that paragraph.

The fiscal years for which the subsidy or credit may be granted are the fiscal year referred to in subparagraph 1 of the second paragraph and the next two fiscal years.

The eligible units of assessment are determined among the units of assessment situated in the sector referred to in subparagraph 1 of the second paragraph and that belong to the group described in section 244.31 of the Act respecting municipal taxation. The program shall set out rules to determine the eligibility of units of assessment. The rules may, for that purpose, use criteria that are based on

(1)  the value of the unit ;

(2)  the vacant nature, as defined by the rules, of the land in the unit ;

(3)  the vacancy, as defined by the rules, of the unit or of certain of its parts ;

(4)  the transfer of the tax burden, as defined by the rules, measured in respect of the unit.

The credit shall diminish the amount payable of the general property tax imposed on any eligible unit of assessment in respect of which all or part of a rate referred to in subparagraph 3 of the second paragraph applies. The amount of the subsidy or credit shall be established according to the rules set out in the program. The rules may define categories among the units concerned and vary according to those categories. The rules shall also specify the conditions and procedures for the granting of the subsidy or credit.

The cost of the aggregate of the subsidies or credits granted in respect of the units of assessment situated in a sector shall be a burden on the aggregate of the units situated in the sector that belong to the group described in section 244.31 of the Act respecting municipal taxation.

Where the city imposes the surtax or the tax on non-residential immovables, it must, if it avails itself of the power under the first paragraph, prescribe the rules enabling the appropriate correspondences to be made so as to obtain the same results, as regards the application of the first seven paragraphs, were the city to impose the general property tax with rates specific to the categories comprising the units of assessment subject to the surtax or the tax on non-residential immovables.

2001, c. 25, s. 286; 2001, c. 68, s. 134; 2002, c. 77, s. 16.

151.6.1. The city may establish a program for the purpose of granting a subsidy, in the circumstances described in subparagraphs 1 to 3 of the second paragraph of section 151.6 and for any of the fiscal years referred to in the fourth paragraph of that section, to any eligible lessee.

A lessee referred to in subparagraph g or h of paragraph 1 of section 236 of the Act respecting municipal taxation (chapter F-2.1) or in any of paragraphs 3 to 5 of that section is, among the lessees whose lease is entered into for all or part of a unit of assessment situated in the sector referred to in subparagraph 1 of the second paragraph of section 151.6 and that belongs to the group described in section 244.31 of that Act, an eligible lessee.

The amount of the subsidy is established according to the rules set out by the program. The rules may define categories among the eligible lessees and vary according to those categories. The rules shall also specify the conditions and procedures for the granting of the subsidy.

The cost of the aggregate of the subsidies granted to the lessees of units of assessment situated in a sector shall be a burden on the aggregate of the units situated in the sector that belong to the group described in section 244.31 of the Act respecting municipal taxation.

2002, c. 77, s. 16.

151.6.2. Where a unit of assessment situated in a sector that belongs to the group described in section 244.31 of the Act respecting municipal taxation (chapter F-2.1) is the subject of a lease that is in force on the first day following the fiscal year of reference, within the meaning of the second paragraph, and that does not allow the owner to increase the rent stipulated to take into account new taxes for which the owner becomes the debtor, or to have the lessee otherwise assume payment of such a tax, the owner may nonetheless, in accordance with the rules set out in this section, increase the rent stipulated to take into account all or part of the additional amount payable by the owner for a fiscal year in relation to the fiscal year of reference by reason of the imposition of a mode of property taxation specific to the non-residential sector.

The fiscal year of reference is the last fiscal year for which the city imposes the rental tax in respect of the sector concerned, either separately or within the whole territory of the city. “Rental tax” means the business tax or the tax provided for in section 101 of Schedule C where its rate is based on the rental value. Where one of those taxes ceases to be imposed in respect of the sector while the other continues to be imposed, the fiscal year of reference is determined on the basis of the first tax.

The rent that may be so increased is the rent payable for the period, subsequent to the fiscal year of reference, in which the lease is effective and that includes all or part of a fiscal year for which the amount referred to in the first paragraph is payable.

However, the rent stipulated in a lease entered into for part of the unit of assessment that does not constitute premises within the meaning of the last two paragraphs of section 244.34 of the Act respecting municipal taxation, cannot be so increased.

Where the lease is entered into for such premises among other premises within the unit of assessment, the increase in rent shall take into account only the proportion of the amount referred to in the first paragraph that corresponds to the proportion that the premises under lease are of the total of the rental values of all the premises at the end of the fiscal year of reference. However, another proportion, as agreed upon by the owner and all the lessees of the premises, may be established.

Subject to the seventh and eighth paragraphs, the amount payable for a fiscal year by reason of the imposition of a mode of property taxation specific to the non-residential sector is,

(1)  where under section 244.29 of the Act respecting municipal taxation, the city fixes a general property tax rate specific to the category provided for in section 244.33 of that Act, the difference obtained by subtracting the amount of the tax that would be payable if only the basic rate provided for in section 244.38 of that Act were applied from the amount of the tax payable in respect of the unit of assessment for the fiscal year ; or

(2)  where the city imposes the surtax or the tax on non-residential immovables, the amount of the surtax or of the tax payable in respect of the unit of assessment for the fiscal year.

Where the city avails itself of the power under the sixth paragraph of section 101 of Schedule C to impose the tax provided for in that section for a fiscal year, the total obtained by adding the amount of that tax payable in respect of the unit of assessment and the amount determined under the sixth paragraph of this section is the amount payable for that fiscal year by reason of the imposition of a mode of property taxation specific to the non-residential sector.

For the fiscal year before the end of which the lease ceases to be effective, the amount payable by reason of the imposition of a mode of property taxation specific to the non-residential sector is the product obtained by multiplying the amount determined under the sixth or the seventh paragraph, as the case may be, by the quotient resulting from the division of the number of whole days in the fiscal year that have elapsed at the time at which the lease ceases to be effective, by 365 or by 366 in the case of a leap year.

Sections 491 and 244.64 of the Act respecting municipal taxation apply, with the necessary modifications, for the purpose of interpreting, in the first case, the word “owner” and, in the second case, the words “surtax” and “tax” used in this section.

2002, c. 77, s. 16.

151.7. Where a local municipality referred to in section 5 has availed itself, in respect of its roll of assessment that came into force on 1 January 2001, of the power provided for in section 253.27 of the Act respecting municipal taxation (chapter F-2.1), the city may, on or before the adoption of the budget for the fiscal year 2002, provide that the averaging of the variation in the taxable values resulting from the coming into force of the roll will continue for that fiscal year in respect of the sector concerned.

2001, c. 25, s. 286.

CHAPTER V EFFECTS OF AN AMALGAMATION ON LABOUR RELATIONS

152. Subject to this section, sections 176.1 to 176.22 of the Act respecting municipal territorial organization (chapter O-9), the third paragraph of section 176.23, and sections 176.24 to 176.26 apply, with the necessary modifications, to the amalgamations and transfers provided for in paragraph 1 in accordance with the rules set out in paragraphs 2 to 13

(1)  to the amalgamation provided for in this Act and to the transfer of employees and officers from any municipal or supramunicipal body to the city or to a metropolitan community; and

(2)  for the purposes of sections 176.1, 176.2, 176.10, 176.25 and 176.26, the expression “a municipality that ceased to exist on amalgamation” means “a municipality that will cease to exist on the constitution of the city” ;

(3)  the agreement provided for in section 176.2 and the decision rendered by the Commission des relations du travail under sections 176.5 and 176.9 shall not operate to define the bargaining units with reference to one or more boroughs;

(4)  the agreement provided for in section 176.2 and the decision rendered by the Commission des relations du travail sections 176.5 and 176.9 shall not operate to modify a bargaining unit that has been granted certification under section 202 of the Act to amend the Labour Code, to establish the Commission des relations du travail and to amend other legislative provisions (2001, chapter 26) for the purpose of including therein the managers, superintendents, foremen, engineer managers or employer representatives that are, on 1 May 2001, in the employment of the Communauté urbaine de Montréal and of the other municipalities referred to in section 5 or are hired by Ville de Montréal or the Communauté urbaine de Montréal after 1 May 2001 or by the city after 1 January 2002;

(5)  the decision of the Commission des relations du travail must, in the cases provided for in sections 176.5 and 176.9, be rendered no later than 27 October 2001;

(6)  the period for making an agreement under section 176.2 begins on 1 May 2001 and ends on 14 June 2001;

(7)  1 May 2001 is the reference date for the purposes of the second paragraph of section 176.5;

(8)  the period for making an application under sections 176.6 and 176.7 begins on 15 June 2001;

(9)  the provisions of the first paragraph of section 176.10 become effective on 1 May 2001, except the provisions of subparagraph b of subparagraph 1 of the first paragraph concerning dispute arbitration in the case of arbitration of a dispute involving the city and an association certified to represent police officers or firefighters to the extent that the dispute was referred to arbitration before 15 November 2000 and the arbitration award is rendered not later than 31 December 2001 for a period not exceeding 31 December 2000;

(10)  the suspension of the application of paragraph a of section 22 of the Labour Code (chapter C-27), provided for in subparagraph 3 of the first paragraph of section 176.10, terminates on 15 July 2001 ; as regards the suspension of the other provisions of section 22, the suspension terminates on 31 January 2003;

(11)  the exercise of the right to strike of the employees of the municipalities referred to in section 5 is suspended from 1 May 2001 to 30 July 2002;

(12)  every collective agreement binding a municipality referred to in section 5 expires on the date provided for its expiry or on 1 May 2002, whichever is earlier; and

(13)  the notice of negotiation referred to in section 176.14 may not be given before 1 May 2002.

2000, c. 56, Sch. I, s. 152; 2001, c. 26, s. 182; 2002, c. 37, s. 47; 2001, c. 26, s. 182.

CHAPTER VI TRANSITION COMMITTEE

DIVISION I COMPOSITION AND ORGANIZATION OF THE TRANSITION COMMITTEE

153. A transition committee composed of the members designated by the Minister of Municipal Affairs and Greater Montréal is hereby constituted, effective 20 December 2000. The number of members of the committee shall not be fewer than five nor more than twelve.

The Minister shall designate a chair from among the committee members.

2000, c. 56, Sch. I, s. 153.

154. No person who is a member of the council of a municipality amalgamated under this Act may sit as a member of the transition committee. In addition, a person who has acted as a member of the committee is ineligible for office as a member of the city council or a borough council in the city’s first general election ; no such person may be employed by the city to hold a position referred to in the second paragraph of section 71 of the Cities and Towns Act (chapter C‐19) until the expiry of a period of two years from the end of the person’s term as member of the committee.

2000, c. 56, Sch. I, s. 154.

155. The transition committee is a legal person and a mandatary of the State.

The property of the transition committee forms part of the domain of the State, but the performance of its obligations may be pursued on the property.

The transition committee binds only itself when acting in its own name.

The transition committee has its head office at the place determined by the Minister. Notice of the location and of any change of location of the head office must be published in the Gazette officielle du Québec and in a newspaper circulated in the territory described in section 3.

2000, c. 56, Sch. I, s. 155; 2001, c. 25, s. 287.

156. Every member of the transition committee shall be paid the remuneration and allowances determined by the Minister.

The Minister may determine any other condition of employment of a member and in particular the rules relating to the reimbursement of expenses incurred by the member in the exercise of his or her functions.

2000, c. 56, Sch. I, s. 156; 2001, c. 25, s. 288.

157. No deed, document or writing binds the transition committee unless it is signed by the chair or, to the extent determined in the internal by-laws of the transition committee, by a member of the committee’s personnel.

The committee may allow, subject to the conditions and on the documents it determines in its internal management 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.

2000, c. 56, Sch. I, s. 157.

158. The minutes of a meeting of the transition committee, approved by the committee and certified by the chair or any other member of the personnel so authorized by the internal management by-laws, are authentic, as are documents and copies emanating from the committee or forming part of its records if signed or certified by any such person.

2000, c. 56, Sch. I, s. 158.

159. The Minister shall appoint the secretary of the transition committee and determine the secretary’s remuneration and other conditions of employment.

The secretary shall attend the meetings of the committee. The secretary shall keep the registers and have custody of the records and documents of the committee. The secretary shall exercise any other responsibility that the committee determines.

The secretary is responsible for access to the committee’s documents.

If the secretary is unable to act, the committee may replace the secretary temporarily by appointing another person to that function. One of the members of the committee may also act in the place of the secretary if the secretary is unable to act.

2000, c. 56, Sch. I, s. 159.

160. The transition committee may hire the employees required for the exercise of its responsibilities, and determine their conditions of employment. The transition committee may also obtain the expert services it considers necessary.

2000, c. 56, Sch. I, s. 160.

161. No judicial proceedings may be brought against the members of the transition committee or the committee’s employees and representatives by reason of an official act done in good faith in the exercise of their functions. Sections 604.6 to 604.10 of the Cities and Towns Act (chapter C‐19) apply, with the necessary modifications, in respect of the committee members and employees.

Any liability that may be connected with the protection of the members and employees of the committee under the first paragraph is assumed by the Government.

2000, c. 56, Sch. I, s. 161.

162. The Government may, under the conditions and on the terms it determines, grant the transition committee any sum it considers necessary for its operation.

Every decision made by the transition committee for the borrowing of money must be approved by the Minister of Municipal Affairs and Greater Montréal. The money borrowed by the transition committee, where such is the case, shall be borrowed at the rate of interest and on the other conditions mentioned in the approval.

2000, c. 56, Sch. I, s. 162; 2001, c. 25, s. 289.

163. The transition committee is a municipal body for the purposes of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2000, c. 56, Sch. I, s. 163.

164. Unless otherwise provided in an order of the Government made under section 9, the mandate of the transition committee ends on the date of constitution of the city. The committee shall then be dissolved and its assets and liabilities transferred to the city.

2000, c. 56, Sch. I, s. 164.

DIVISION II MISSION OF THE TRANSITION COMMITTEE

165. The mission of the transition committee is to participate, together with the administrators and employees of the municipalities referred to in section 5, of the urban community and of any body thereof, in the establishment of the conditions most conducive to facilitating the transition, for the citizens of the new city, from the existing administrations to the new city.

2000, c. 56, Sch. I, s. 165.

DIVISION III OPERATION, POWERS AND RESPONSIBILITIES OF THE TRANSITION COMMITTEE

§ 1 . — Operation and powers of the committee

166. The decisions of the transition committee shall be made at meetings of the committee.

The quorum at meetings of the committee is the majority of its members.

2000, c. 56, Sch. I, s. 166.

167. Subject to the second paragraph of section 173, the transition committee shall, during its term, provide the citizens of the municipalities referred to in section 5 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.

2000, c. 56, Sch. I, s. 167.

168. The transition committee may adopt internal management by-laws establishing its rules of operation.

2000, c. 56, Sch. I, s. 168.

169. The transition 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.

2000, c. 56, Sch. I, s. 169.

170. The chair of the transition committee may entrust to one or more members of the committee or, where applicable, of a sub-committee the exercise of certain functions or the examination of any matter the chair indicates.

2000, c. 56, Sch. I, s. 170.

171. The transition committee may require any municipality referred to in section 5, the urban community or a body thereof to furnish information, records or documents belonging to the municipality, the community or the body and which the transition committee considers necessary to consult.

The first paragraph also applies in respect of information, records and documents relating to a pension plan referred to in section 7 and held by any administrator of such a plan or by any public body exercising under law a responsibility in respect of such a plan.

2000, c. 56, Sch. I, s. 171; 2001, c. 25, s. 290.

172. The transition committee may require any municipality referred to in section 5, the urban community or a body thereof to submit a report on a decision or matter relating to the municipality, the community or the body and that is within and relevant to the committee’s functions, concerning the financial situation of the municipality, community or body or the staff or any person in its employment.

2000, c. 56, Sch. I, s. 172.

173. Sections 171 and 172 apply notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

The members of the transition committee or of any sub-committee and the committee employees are required to ensure the confidentiality of the information obtained under sections 171 and 172.

2000, c. 56, Sch. I, s. 173.

174. The transition committee may, where it considers it necessary for the exercise of its responsibilities, use the services of an officer or employee of a municipality referred to in section 5, the urban community or a body thereof. The committee may designate the employee whose services are necessary. The committee and the employer shall agree on the costs to be paid by the committee for the use of the services. However, the employer shall place the designated employee at the disposal of the committee as of the time indicated by the committee, notwithstanding the absence of an agreement respecting the costs for the services.

Failing an agreement, the Minister may designate a conciliator at the request of the committee or the employer to assist the parties in reaching an agreement. The conciliator shall act as if he or she were designated under section 468.53 of the Cities and Towns Act (chapter C‐19), and section 469 of that Act applies in that case, with the necessary modifications.

The officers and employees seconded to the committee remain in the employment of the municipality, the urban community or the body, as the case may be, are remunerated by their employer, and are governed by the same conditions of employment during the secondment.

2000, c. 56, Sch. I, s. 174; 2001, c. 25, s. 291.

175. Every member of the council and every officer or employee of a municipality referred to in section 5, the urban community or a body thereof must cooperate with the transition committee members, employees and representatives acting in the exercise of their functions.

No municipality or body referred to in the first paragraph may prohibit or otherwise prevent its officers or employees from cooperating with the transition 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 officer or employee who believes he or she has been the victim of a practice prohibited by the second paragraph.

2000, c. 56, Sch. I, s. 175; 2001, c. 25, s. 292.

§ 2 . — Responsibilities of the committee

176. The transition committee shall, as soon as it is able to do so after the designation of all of its members, establish an advisory committee formed of the mayors it determines from the municipalities referred to in section 5. The transition committee may submit to the advisory committee any matter on which it seeks the opinion of the mayors of the municipalities referred to in section 5. The advisory committee may give the transition committee its opinion regarding any matter related to the mandate of the transition committee.

The transition committee shall hold at least one meeting every month with the advisory committee. A member of the advisory committee who is unable to act may be replaced by a member of the council of the municipality it designates.

The rules of operation of the advisory committee may be prescribed by the internal management by-laws of the transition committee.

2000, c. 56, Sch. I, s. 176.

177. Every decision by which an urban community, a municipality referred to in section 5 or a body thereof makes a financial commitment for a period extending beyond 31 December 2001 must be authorized by the transition committee if the decision is made on or after 15 November 2000.

Every collective agreement or contract of employment entered into or amended as of 15 November 2000 by the urban community or a municipality referred to in section 5 must be authorized by the transition committee if the effect of the agreement or contract is to increase the remuneration and employee benefits of the officers and employees.

Until the transition committee is formed, an application must be made to the Minister for every authorization required under this section.

The transition committee may, at any time, approve a decision, collective agreement or contract of employment in respect of which an authorization is required under the first, second or third paragraph. The approval of the transition committee is deemed to be such an authorization.

2000, c. 56, Sch. I, s. 177; 2001, c. 25, s. 293.

178. The transition committee shall hire and remunerate the election officers prescribed by the Act respecting elections and referendums in municipalities (chapter E‐2.2) for the purposes of the city’s first general election. The committee shall designate the person who is to act as the returning officer for the purposes of the election.

Subject to any other provision of this Act or of any order of the Government made under section 9, the transition committee shall in respect of the election exercise the powers and assume the responsibilities assigned to the council of a municipality by the Act respecting elections and referendums in municipalities.

2000, c. 56, Sch. I, s. 178.

179. The transition committee shall, for the purposes of the city’s first general election and of any by-election held before the second general election, prepare a division of a borough into districts.

The transition committee shall, with the assistance of the chief electoral officer and using the information on the permanent list of electors, prepare a division of the territory of each borough into districts. The division of a borough into districts must result in there being only one councillor per district, and the determination must, as far as possible, respect the criteria set out in sections 11 and 12 of the Act respecting elections and referendums in municipalities (chapter E‐2.2).

The division prepared by the transition committee in collaboration with the chief electoral officer must be submitted to the Minister by the transition committee, and has effect only if adopted, with or without amendments, by an order of the Government made under section 9.

2000, c. 56, Sch. I, s. 179; 2001, c. 25, s. 294.

180. The transition committee may examine the circumstances of the hiring of officers and employees referred to in section 7 after 15 November 2000 and the situation relating to the employees of any intermunicipal management board in respect of whom the intermunicipal agreement does not provide for the maintenance of employment in any of the municipalities party to the agreement at the expiry of the agreement.

The transition committee may make any recommendation in respect of those officers and employees to the Minister.

2000, c. 56, Sch. I, s. 180; 2001, c. 25, s. 295.

181. The transition committee shall, within the time prescribed by the Minister of Municipal Affairs and Greater Montréal, agree with all the certified associations within the meaning of the Labour Code (chapter C‐27) representing the employees in the employment of the municipalities referred to in section 5 and of the urban community on the procedure for the reassignment of those employees as members of the personnel of the city or, as the case may be, of the Communauté métropolitaine de Montréal, and on the rights of and remedies available to an employee who believes he or she has been wronged as a consequence of the application of that procedure.

The parties may in addition agree on conditions of employment incidental to the reassignment of employees.

An agreement entered into under this section may not provide conditions of employment that entail higher costs than those entailed by the application of the conditions of employment applicable on 20 December 2000, or increase the staff.

The Minister may grant additional time at the request of the committee or of a certified association.

The provisions concerning the application of the reassignment 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, constitute the employee reassignment procedure.

2000, c. 56, Sch. I, s. 181.

182. If an agreement has not been reached on all the matters referred to in the first and second paragraphs of section 181 within the time prescribed by the Minister, the Minister of Municipal Affairs and Greater Montréal shall so inform the Minister of Labour, and sections 125.16 to 125.23 of the Act respecting municipal territorial organization (chapter O‐9), with the necessary modifications.

However, the Minister of Labour may, where applicable and if the Minister of Labour considers it appropriate, designate a mediator-arbitrator for each disagreement or group of disagreements relating to the determination of the reassignment procedure concerning a class of employment or a group of employees.

2000, c. 56, Sch. I, s. 182; 2001, c. 25, s. 296.

183. Subject to section 152, the transition committee shall, for the purposes of sections 176.2 to 176.9 of the Act respecting municipal territorial organization (chapter O‐9), negotiate any agreement on the determination of the future bargaining units with any association referred to in section 176.2 of that Act.

Any such agreement or any decision of the Commission des relations du travail under sections 176.5 and 176.9 of that Act also binds the city.

2000, c. 56, Sch. I, s. 183; 2001, c. 26, s. 183.

184. The transition committee shall also prepare any plan for the reassignment of the officers and employees of the municipalities referred to in section 5 and of the urban community who are not represented by a certified association, as well as the procedure relating to the rights of and remedies available to an employee who believes he or she has been wronged as a consequence of the application of the reassignment plan.

A plan prepared under the first paragraph applies to the city as of 31 December 2001.

2000, c. 56, Sch. I, s. 184.

185. The transition committee shall appoint the director general, the clerk and the treasurer of the city for a term not to exceed five years.

The transition committee may create the various departments within the city, and determine the scope of their activities. It may appoint the department heads and assistant heads as well as the other officers and employees not represented by a certified association, and define their functions.

2000, c. 56, Sch. I, s. 185; 2001, c. 25, s. 297.

186. The transition committee shall examine the implementation of the service structures required by this Act, in particular in the boroughs created in the territory that on 1 January 2002 was the territory of Ville de Montréal. It may make any recommendation to the Minister in that regard.

2000, c. 56, Sch. I, s. 186.

186.1. The transition committee may, within the framework of any departure incentive program established in respect of the officers and employees of the municipalities referred to in section 5 and of the urban community, make with any such officer or employee any agreement necessary to the implementation of the program.

2001, c. 68, s. 135.

187. The transition committee shall examine the specific characteristics of the borough of Ville-Marie mentioned in Schedule B, in particular as regards the nature and mode of exercise of the powers and authority conferred on boroughs by this Act. The transition committee may make any recommendation to the Minister in that regard.

2000, c. 56, Sch. I, s. 187.

188. (Repealed).

2000, c. 56, Sch. I, s. 188; 2001, c. 25, s. 298.

189. The transition committee shall prepare the city’s budget for the first fiscal year and determine a formula enabling it to fix the allotments of each of the borough councils, by establishing, among other things, elements of equalization among the boroughs and taking into account the services provided in 2001 by each of the local municipalities referred to in section 5.

It must propose a draft of any resolution from among the resolutions that may be adopted under Division II of Chapter IV on which the draft budget is based.

2000, c. 56, Sch. I, s. 189; 2001, c. 25, s. 299.

190. The transition committee shall examine any other matter or carry out any other mandate the Government may entrust to the committee in the pursuit of its mission.

2000, c. 56, Sch. I, s. 190.

191. The transition committee shall report to the Minister on its activities at the end of its mandate or at any time at the request of the Minister.

In addition to the recommendations made pursuant to this chapter, the committee’s report may include any additional recommendation the committee considers necessary to bring to the attention of the Government and pertaining in particular to

(1)  the boundaries of the city boroughs ;

(2)  the difficulties encountered in applying this Act and any proposed amendments ; and

(3)  any special provisions the committee considers expedient to incorporate into the legal framework applicable to the municipality or to the boroughs.

2000, c. 56, Sch. I, s. 191.

192. The transition committee shall also furnish to the Minister any information the Minister may require on its activities.

2000, c. 56, Sch. I, s. 192.

CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

193. The polling for the first general election in Ville de Montréal shall take place on 4 November 2001 in accordance with the Act respecting elections and referendums in municipalities (chapter E‐2.2).

2000, c. 56, Sch. I, s. 193.

194. For the purpose of determining whether a person is qualified as an elector, a candidate or a person qualified to vote at an election or in a referendum poll in the territory of the city, any period, prior to 1 January 2002, during which the person was resident, continuously or not, in the territory of a municipality referred to in section 5 or was the owner of an immovable or the occupant of a business establishment situated in that territory shall be counted as if the person had been a resident, owner or occupant from the beginning of that period in the territory in which he or she must qualify.

2000, c. 56, Sch. I, s. 194.

195. At the first general election, a member of the council of a municipality referred to in section 5 may be nominated and be elected or appointed as a member of the council of Ville de Montréal, and hold both offices simultaneously.

2000, c. 56, Sch. I, s. 195; 2001, c. 25, s. 300.

196. The Minister of Municipal Affairs and Greater Montréal shall determine the place, date and time of the first meeting of the council. If that meeting is not held, the Minister shall fix another meeting.

The mayor shall determine the place, date and time of the first meeting of any borough council. If that meeting is not held, the mayor shall fix another meeting.

2000, c. 56, Sch. I, s. 196; 2001, c. 25, s. 301; O.C. 1308-2001, s. 22.

196.1. Any person, appointed by the transition committee or reassigned as a member of the personnel of the city to an office comprising the performance of the duties necessary to the holding of a meeting of the city council or borough council, to the making of a decision by such a council or to the performance of an act that such a council may perform before the date of constitution of the city, is deemed, with regard to the necessary duties performed before the date of constitution of the city, to act in the performance of his or her duties.

O.C. 1308-2001, s. 23.

197. The council shall adopt, with or without amendment, the budget of the city for the fiscal year 2002 prepared by the transition committee.

The budget of the city shall be transmitted to the Minister of Municipal Affairs and Greater Montréal within 30 days of its adoption by the council.

If on 1 January 2002, the budget is not adopted, one-quarter of each appropriation provided for in the budget prepared by the transition committee is deemed to be adopted. The same rule applies on 1 April, 1 July and 1 October if, on each of those dates, the budget has not yet been adopted.

The treasurer or director of finance of a municipality referred to in section 5 who is not already bound to apply section 105.4 of the Cities and Towns Act (chapter C-19) or a similar provision in the charter of the municipality is bound to produce, before the budget of the city is adopted for the 2002 fiscal year, at least the comparative statement on revenues provided for in section 105.4.

2000, c. 56, Sch. I, s. 197; 2001, c. 25, s. 302; O.C., 1308-2001, s. 24.

197.1. The city council may, by the first by-law respecting remuneration adopted under the Act respecting the remuneration of elected municipal officers (chapter T-11.001), fix any remuneration to be paid by the city to the mayor, the borough chairs, the other members of the city council and the borough councillors for the functions they exercised between the first day of their terms and 31 December 2001. The method for fixing the remuneration may differ, in relation to that period, from the method applicable from the date of the constitution of the city.

The remuneration paid under the first paragraph to an elected officer must be reduced by an amount equal to the amount of any remuneration received from another local municipality during the same period.

2001, c. 25, s. 303; 2001, c. 68, s. 136.

198. Sections 149 to 151.7 have effect until 31 December 2011.

2000, c. 56, Sch. I, s. 198; 2001, c. 25, s. 304.

199. The city council shall, at the latest on 1 June 2002, appoint the first president of the Office de consultation publique established under section 75 and adopt the by-laws referred to in section 79, the second paragraph of section 82 and the second paragraph of section 83.

2000, c. 56, Sch. I, s. 199; 2001, c. 25, s. 305.

200. Subject to any provision of an order of the Government made under section 9, the Charter of the city of Montréal (1959-60, chapter 102) and all special provisions governing a municipality referred to in section 5, except any provision having as its object, in respect of such a municipality, to validate or ratify a document or an act performed or intended to clarify a title of ownership or to confirm or grant the power to acquire or alienate a particular immovable, are repealed from 1 January 2002.

2000, c. 56, Sch. I, s. 200; 2001, c. 25, s. 306.

201. The Conseil des arts de la Ville de Montréal established by this Act succeeds the arts council established by the Act respecting the Communauté urbaine de Montréal (chapter C‐37.2). For that purpose, the succeeding council assumes the powers and obligations of its predecessor.

The members and employees of the Conseil des arts established by the Act respecting the Communauté urbaine de Montréal become, without other formality, the members and employees of the Conseil des arts established by this Act, in the same positions and with the same rights and privileges.

2000, c. 56, Sch. I, s. 201.

202. The police department of Ville de Montréal established by this Act succeeds the police department established by the Act respecting the Communauté urbaine de Montréal (chapter C‐37.2). For that purpose, the succeeding department assumes the powers and obligations of its predecessor.

The police chief, police officers and other officers and employees of the police department established by the Act respecting the Communauté urbaine de Montréal become, without other formality, the police chief, police officers and other officers and employees of the police department established by this Act, in the same positions and with the same rights and privileges.

2000, c. 56, Sch. I, s. 202.

203. The intermunicipal agreement providing for the establishment of the Régie intermunicipale de gestion des déchets sur l’Île de Montréal shall end on 31 December 2001. The management board shall cease its activities and is dissolved on that date.

The Société intermunicipale de gestion et d’élimination des déchets (SIGED) inc. shall cease its activities on 31 December 2001 and is dissolved on that date.

2001, c. 25, s. 307.

204. The city succeeds to the rights, obligations and charges of the Régie intermunicipale de gestion des déchets sur l’Île de Montréal and the Société intermunicipale de gestion et d’élimination des déchets (SIGED) inc.

The city becomes, without continuance of suit, a party to any suit, in the place of the intermunicipal management board or, as the case may be, the Société to which it succeeds.

2001, c. 25, s. 307.

205. The following shall burden or be credited to all the taxable immovables in the sector formed of the territory, as it existed on 31 December 2001, of the municipalities which, on that date, were parties to the agreement establishing the Régie intermunicipale de gestion des déchets sur l’Île de Montréal:

(1)  the debts and any category of surplus of the intermunicipal management board or the Société referred to in section 203;

(2)  the revenues or costs relating to legal proceedings or a dispute to which the intermunicipal management board or the Société referred to in section 203 or, as the case may be, the city is a party, in respect of an event prior to 1 January 2002 that concerns that intermunicipal management board or that Société.

However, the revenues or costs relating to legal proceedings or a dispute referred to in subparagraph 2 of the first paragraph concerning an event prior to 4 September 1997 shall burden or be credited to the taxable immovables only in the sector formed of the territory of the municipalities, other than the former Ville de Montréal.

In respect of the revenues or costs, the burden on or credit to the taxable immovables in the sector formed of the territory of the municipalities referred to in the first or second paragraph, as the case may be, shall be in proportion to the cumulative financial contributions of those municipalities to the intermunicipal management board.

In this section,

(1)   mention that debts or costs burden the taxable immovables of a territory means that the expenditures related to those debts or costs must be financed by revenues exclusively from that territory; and

(2)  mention that surpluses or revenues are credited to the taxable immovables of a territory means that the credit of those surpluses or revenues is reserved exclusively for the inhabitants and ratepayers of that territory.

2001, c. 25, s. 307; O.C. 1308-2001, s. 25.

206. The by-laws, resolutions, minutes and other acts of the intermunicipal management board referred to in section 203 remain in force until their objects are attained or until they are replaced or repealed in accordance with this Act. They are deemed to emanate from the city.

2001, c. 25, s. 307.

SCHEDULE  A

(Section 3)

DESCRIPTION OF THE BOUNDARIES OF THE TERRITORY OF VILLE DE MONTRÉAL

The territory of the former cities or towns of Côte-Saint-Luc and Dorval, the former Village de Senneville and the former cities of Anjou, Baie-d’Urfé, Beaconsfield, Dollard-des-Ormeaux, Hampstead, Kirkland, Lachine, LaSalle, L’Île-Bizard, L’Île-Dorval, Montréal, Montréal-Est, Montréal-Nord, Montréal-Ouest, Mont-Royal, Outremont, Pierrefonds, Pointe-Claire, Roxboro, Sainte-Anne-de-Bellevue, Sainte-Geneviève, Saint-Laurent, Saint-Léonard, Verdun and Westmount including the islands bearing numbers 504 and 506 of the cadastre of the parish of Sault-au-Récollet (Île Perry), 1 434 301, 1 745 454 (Haut fond Sergent) and 1 745 455 of the cadastre of Québec and, with reference to the cadastres of the city of Montréal (Sainte-Marie, Saint-Jacques, Saint-Louis, Saint-Laurent, Saint-Antoine and Sainte-Anne wards), the parish municipality of Montréal, the parishes of Pointe-aux-Trembles, Rivière-des-Prairies, Longue-Pointe, Sault-au-Récollet, Lachine, Saint-Laurent, Pointe-Claire, Sainte-Anne, Sainte-Geneviève and L’Île-Bizard, the villages of Hochelaga, Côte-de-la-Visitation, Côte-Saint-Louis, Saint-Jean-Baptiste, Côte-des-Neiges, Pointe-Claire and Sainte-Geneviève and the city of Lachine, the lots or parts of lots, blocks or parts of blocks and their present and future subdivisions, then, with reference to the cadastre of Québec, the lots and their successor lots, and the roads, highways, streets, railway rights of way, islands, islets, lakes, watercourses or parts thereof, the whole comprised within the following limits, to wit : starting from the meeting point of the extension southerly of the east line of lot 786 of the cadastre of the city of Lachine with the centre line of the St. Lawrence River (Saint-Louis lake) ; thence, successively, the following lines and demarcations : generally westerly, successively, the centre line of the said river to an irregular line in Saint-Louis lake running midway between the island of Montréal and Île Dowker and Île Perrot and skirting Île Perrot to the east, the said irregular line, another irregular line in the said lake running midway between the said islands to its meeting point with the extension southerly of the line separating lots 304 and 305 of the cadastre of the parish of Sainte-Anne then an irregular line in Saint-Louis lake running midway between the island of Montréal and Île Perrot and continuing into Deux-Montagnes lake, running southwest of lots 332 and 333 of the cadastre of the parish of Sainte-Anne and northeast of Île Bellevue and of the island bearing number 1 577 470 of the cadastre of Québec, to its meeting point with a line parallel to the line separating lots 21-1-1-5 and 22-2 of the cadastre of the parish of Sainte-Anne and passing through a point situated on the southwest line of the said lot 22-2 (shore of Deux-Montagnes lake) 3.048 metres (10 feet) southeast of the line separating the said lots, such a distance being measured along the southwest line of the said lot 22-2 ; successively northwesterly and northeasterly, the centre line of Deux-Montagnes lake, skirting northeasterly in its first section the islands identified by lots 1 577 470 and 1 577 474 of the cadastre of Québec and lots 2065, 2064 and 1778 of the cadastre of the parish of Saint-Michel-de-Vaudreuil, to its meeting point with the extension northwesterly of the line running midway between Île Bizard and Île Roussin and Île Jésus ; generally southeasterly, the said extension, the said line running midway between the said islands then another line running midway between Île Bizard on one side and Île Bigras, the island bearing number 1 082 681 of the cadastre of Québec, Île Verte and Île Ronde (lot 1 082 680 of the cadastre of Québec) on the other side, the last segment of that line extended to the centre line of Des Prairies river ; in general southeasterly and northeasterly directions, the centre line of the said river downstream and running southeast of Île Ronde (lot 1 082 680 of the cadastre of Québec), of Île Verte and of Île Pariseau, northwest of Île aux Chats (lots 2632, 2633 and 2634 of the cadastre of the parish of Saint-Laurent) and southeast of Île Paton to its meeting point with the extension northwesterly of the northeast line of lot 1 of the cadastre of the parish of Saint-Laurent ; southeasterly, the said extension to the southeast bank of Des Prairies river ; generally northeasterly, the southeast bank of the said river to the southwest line of lot 2 125 873 of the cadastre of Québec ; northwesterly, the southwest line of the said lot connecting the island of Montréal to Île de la Visitation ; the Île de la Visitation shore following the contours of the said island clockwise to the broken line bounding lot 2 125 873 of the cadastre of Québec to the northeast ; southeasterly, the said broken line to the southeast bank of Des Prairies river ; generally northeasterly, the southeast bank of the said river to the northeast line of lot 1 742 241 of the cadastre of Québec ; in Des Prairies river, northwesterly, the extension of the northeast line of the said lot to the centre line of the said river skirting southwesterly Île du Cheval de Terre (lot 1 745 456 of the cadastre of Québec) ; generally northeasterly, the centre line of the said river downstream and running northwest of the islands identified by numbers 1 055 834, 1 055 899, 1 276 347, 1 276 348, 1 276  349, 1 279 562 and 1 276 369 of the cadastre of Québec and southeast of the islands bearing numbers 1 613 846 of the said cadastre and 194 to 200 of the cadastre of the parish of Saint-François-de-Sales to an irregular line running midway between Île Bonfoin (lot 177 of the cadastre of the parish of Rivière-des-Prairies) and Île Bourdon (lot 190 of the cadastre of the parish of Notre-Dame-de-L’Assomption-de-Repentigny) ; easterly, the said line running midway to an irregular line running midway between Île Bonfoin and Île Serre (lot 191 of the cadastre of the parish of Notre-Dame-de-L’Assomption-de-Repentigny) ; southerly, the said line running midway to an irregular line running midway between the island of Montréal and Île Bourdon and Île Bonfoin ; easterly, the said line running midway to another irregular line in the St. Lawrence River running midway between the island of Montréal on one side and Île à l’Aigle (lot 197 of the cadastre of the parish of Notre-Dame-de-L’Assomption-de-Repentigny), Île aux Asperges (lot 543 of the cadastre of the parish of Varennes), Île Sainte-Thérèse, Île au Veau and Île Saint-Patrice on the other side ; southerly, the said line running midway to its meeting point with the extension easterly of the north line of lot 1 262 110 of the cadastre of Québec ; westerly, the said extension to the west shore of the St. Lawrence River ; generally southerly, the west shore of the said river to the south line of lot 1 093 333 of the cadastre of Québec ; easterly, the extension of the south line of the said lot in the St. Lawrence River and lots 1 093 649 and 1 093 269 of the said cadastre to an irregular line in the said river running midway between the island of Montréal on one side and Île Dufault and the Tailhandier flats on the other side ; southerly, the said line running midway to its meeting point with the extension easterly of the south line of lots 1 250 987, 1 250  985 and 1 250 986 of the cadastre of Québec ; westerly, the said extension and the south line of the said lots ; southwesterly, the northwest shore of the St. Lawrence River to the southwest line of lot 1 362 951 of the cadastre of Québec ; southeasterly, the southwest line of lots 1 362 951 and 1 560 050 of the said cadastre, then its extension to the centre line of the St. Lawrence River ; southwesterly, the centre line of the said river upstream to its meeting point with a line parallel to the southwest limit of the lands belonging to the St. Lawrence Seaway Authority and situated 45.72 metres (150 feet) northeast of that limit ; southeasterly, the said parallel line to its meeting point with a perpendicular line above the southwest limit of the lands belonging to the St. Lawrence Seaway Authority 457.20 metres (1,500 feet) northwest of the northwest line of lot 312 of the cadastre of the parish of Saint-Antoine-de-Longueuil, such distance being measured along the southwest limit of the said lands ; southwesterly, the said perpendicular line to the southwest limit of the said lands ; southeasterly, the said limit to its meeting point with a line parallel to the northwest line of lot 312 of the said cadastre and situated 9.114 metres (30 feet) northwest thereof ; southwesterly, the said parallel line to the centre line of the St. Lawrence River ; finally, generally southwesterly, the centre line of the said river upstream and running east of Île des Soeurs, south of Île aux Hérons and north of Île au Diable to the starting point.

2000, c. 56, Sch. I-A.

SCHEDULE B

(section 10)

I - BOUNDARIES OF THE BOROUGHS OF VILLE DE MONTRÉAL

Anjou Borough

Corresponds to the territory of the former Ville d’Anjou.

Kirkland Borough

Corresponds to the territory of the former Ville de Kirkland excluding three parts of the Anse-à-l’Orme Nature Park described below in paragraphs 1, 2 and 3.

(1) Part of the Anse-à-l’Orme Nature Park : part of lot 179 of the cadastre of the parish of Pointe-Claire situated in the territory of the former Ville de Kirkland between Chemin de l’Anse-à-l’Orme (part of lot 179) and Chemin Sainte-Marie (part of lot 179) ; bounded successively on the northeast and on the southeast by Chemin de l’Anse-à-l’Orme (part of lot 179), on the south for a distance of 42.36 metres by Chemin Sainte-Marie (part of lot 179), on the southwest for a distance of 80.95 metres then for another distance of 73.64 metres by another part of lot 179, then on the west by part of lot 180 described below.

(2) Part of the Anse-à-l’Orme Nature Park : part of lot 179 of the cadastre of the parish of Pointe-Claire situated in the territory of the former Ville de Kirkland between Chemin de l’Anse-à-l’Orme (part of lot 179), lot 180 and lot 62 of the cadastre of the parish of Sainte-Anne.

(3) Part of the Anse-à-l’Orme Nature Park : part of lot 180 of the cadastre of the parish of Pointe-Claire situated in the territory of the former Ville de Kirkland between Chemin de l’Anse-à-l’Orme (part of lots 179 and 180) and Chemin Sainte-Marie (part of lot 180) bounded successively on the east by part of lot 179 described above in paragraph 1, on the south by another part of lot 180 formerly occupied by the water treatment plant of Ville de Kirkland for a distance of 84.72 metres westerly from a point situated 44.47 metres south of the northeast corner of lot 180, on the east by a line measuring 25.22 metres along an arc of a circle with a 70.10-metre radius then 69.20 metres then 34.88 metres, on the south by Chemin Sainte-Marie, on the west by part of lot 62 of the cadastre of the parish of Sainte-Anne, on the north by Chemin de l’Anse-à-l’Orme (parts of lots 179 and 180).

Montréal-Nord Borough

Corresponds to the territory of the former Ville de Montréal-Nord.

Mont-Royal Borough

Corresponds to the territory of the former Ville de Mont-Royal with the addition of part of the territory of the former Ville de Montréal, the said part being delimited on the south by Jean-Talon street and the Canadian Pacific railway line and on the west, north and east by the boundaries of the former Ville de Mont-Royal.

Outremont Borough

Corresponds to the territory of the former Ville d’Outremont.

Pointe-Claire Borough

Corresponds to the territory of the former Ville de Pointe-Claire.

Saint-Laurent Borough

Corresponds to the territory of the former Ville de Saint-Laurent.

Saint-Léonard Borough

Corresponds to the territory of the former Ville de Saint-Léonard.

Verdun Borough

Corresponds to the territory of the former Ville de Verdun.

Westmount Borough

Corresponds to the territory of the former Ville de Westmount.

Beaconsfield/Baie-d’Urfé Borough

Corresponds to the territory of the former Ville de Baie-d’Urfé and the former Ville de Beaconsfield.

Côte-Saint-Luc/Hampstead/Montréal-Ouest Borough

Corresponds to the territory of the former Ville de Hampstead, the former Ville de Montréal-Ouest and the former Cité de Côte-Saint-Luc.

Dollard-des-Ormeaux/Roxboro Borough

Corresponds to the territory of the former Ville de Roxboro and the former Ville de Dollard-des-Ormeaux.

Dorval/L’Île-Dorval Borough

Corresponds to the territory of the former Ville de L’Île-Dorval and the former Cité de Dorval.

LaSalle Borough

Corresponds to the territory of the former Ville de LaSalle.

Lachine Borough

Corresponds to the territory of the former Ville de Lachine.

L’Île-Bizard/Sainte-Geneviève/Sainte-Anne-de-Bellevue Borough

Corresponds to the territory of the former Ville de L’Île-Bizard, the former Ville de Sainte-Anne-de-Bellevue and the former Ville de Sainte-Geneviève, with the addition of the Bois-de-la-Roche Farm Park described below in paragraph 1, six parts of the Anse-à-l’Orme Nature Park described below in paragraphs 2, 3, 4, 5, 6 and 7, the islands situated west of Cap Saint-Jacques corresponding to lots 323 and 324 of the cadastre of the parish of Sainte-Geneviève and comprised in the Cap-Saint-Jacques Nature Park and another part of the Cap-Saint-Jacques Nature Park described below in paragraph 8.

(1) Bois-de-la-Roche Farm Park : a territory situated in the territory of the former Village de Senneville and constituted of lots 1, 2, 4, 5 and 6A and of part of lots 3, 6 and 7 of the cadastre of the parish of Sainte-Anne, the whole as described in Plan PR-11-20-1 prepared on 20 December 1988 by Jean-Paul Arsenault, land surveyor.

(2) Part of the Anse-à-l’Orme Nature Park : a territory situated in the territory of the former Village de Senneville comprising, with reference to the cadastre of the parish of Sainte-Anne, parts of lots 1 and 2 identified in Plan PR-8/80-10-3 dated 31 October 1980 and prepared by J.-André Laferrière, land surveyor.

(3) Part of the Anse-à-l’Orme Nature Park : a territory situated in the territory of the former Ville de Pierrefonds comprising, with reference to the cadastre of the parish of Sainte-Geneviève, part of lots 224, 225, 226, 227, 228 and 229 situated on each side of the Anse-à-l’Orme brook and of the road designated by the same name as identified in Plan PR-8/80-10-2A dated 31 October 1980, revised on 27 July 1983 and prepared by J.-André Laferrière, land surveyor.

(4) Part of the Anse-à-l’Orme Nature Park : a territory situated in the territory of the former Ville de Pierrefonds comprising, with reference to the cadastre of the parish of Sainte-Geneviève, the lots or parts of lots situated northwest of Gouin boulevard identified in Plan PR-8/80-10-2A.

(5) Part of the Anse-à-l’Orme Nature Park : part of lot 179 of the cadastre of the parish of Pointe-Claire situated in the territory of the former Ville de Kirkland between Chemin de l’Anse-à-l’Orme (part of lot 179) and Chemin Sainte-Marie (part of lot 179) ; bounded successively on the northeast then on the southeast by Chemin de l’Anse-à-l’Orme (part of lot 179), on the south for a distance of 42.36 metres by Chemin Sainte-Marie (part of lot 179), on the southwest for a distance of 80.95 metres then for another distance of 73.64 metres by another part of lot 179, then on the west by part of lot 180 described below.

(6) Part of the Anse-à-l’Orme Nature Park : part of lot 179 of the cadastre of the parish of Pointe-Claire situated in the territory of the former Ville de Kirkland between Chemin de l’Anse-à-l’Orme (part of lot 179), lot 180 and lot 62 of the cadastre of the parish of Sainte-Anne.

(7) Part of the Anse-à-l’Orme Nature Park : part of lot 180 of the cadastre of the parish of Pointe-Claire situated in the territory of the former Ville de Kirkland between Chemin de l’Anse-à-l’Orme (part of lots 179 and 180) and Chemin Sainte-Marie (part 180) bounded successively on the east by part of lot 179 described above in paragraph 1, on the south by another part of lot 180 formerly occupied by the water treatment plant of Ville de Kirkland for a distance of 84.72 metres westerly from a point situated for a distance of 44.47 metres on the south of the northeast corner of lot 180, on the east by a line measuring 25.22 metres along an arc of a circle with a 70.10-metre radius then 69.20 metres then 34.88 metres, on the south by Chemin Sainte-Marie, on the west by part of lot 62 of the cadastre of the parish of Sainte-Anne, on the north by Chemin de l’Anse-à-l’Orme (parts of lots 179 and 180).

(8) Part of the Cap-Saint-Jacques Nature Park : a territory situated in the territory of the former Ville de Pierrefonds comprising, with reference to the cadastre of the parish of Sainte-Geneviève, the aggregate of the lots and parts of lots situated northwest of Gouin boulevard, that is lots 230-1, 230-2, 231-1, 232-1, 232-2, 233, 234-1, 235A, 236, 236A, 236B, 236C, 237-1, 237-2-1, 237-4-1, 237-4-2, 237-4-3, 237-4-4, 237-4-5, 237-4-6, 237-4-7, 237-4-8, 237-4-9, 237-5-17, 237-5-33, 237-7, 237-8 and part of lots 230, 231, 232, 234, 235, 237, 237-2, 237-3, 237-4, 237-5 and 237-6 ; those lots or parts of lots include the convent of the Soeurs de Sainte-Croix et des Sept-Douleurs.

Pierrefonds/Senneville Borough

Corresponds to the territory of the former Village de Senneville and of the former Ville de Pierrefonds, excluding the Bois-de-la-Roche Farm Park described below in paragraph 1, of three parts of the Anse-à-l’Orme Nature Park described below in paragraphs 2, 3 and 4, of the islands situated west of Cap Saint-Jacques, corresponding to lots 323 and 324 of the cadastre of the parish of Sainte-Geneviève and comprised in the Cap-Saint-Jacques Nature Park and of another part of Cap-Saint-Jacques Nature Park described below in paragraph 5.

(1) Bois-de-la-Roche Farm Park : a territory situated in the territory of the former Village de Senneville and constituted of lots 1, 2, 4, 5 and 6A and of part of lots 3, 6 and 7 of the cadastre of the parish of Sainte-Anne, the whole as described in Plan PR-11-20-1 prepared on 20 December 1988 by Jean-Paul Arsenault, land surveyor.

(2) Part of the Anse-à-l’Orme Nature Park : a territory situated in the territory of the former Village de Senneville comprising, with reference to the cadastre of the parish of Sainte-Anne, parts of lots 1 and 2 identified in Plan PR-8/80-10-3 dated 31 October 1980 and prepared by J.-André Laferrière, land surveyor.

(3) Part of the Anse-à-l’Orme Nature Park : a territory situated in the territory of the former Ville de Pierrefonds comprising, with reference to the cadastre of the parish of Sainte-Geneviève, the part of lots 224, 225, 226, 227, 228 and 229 situated on both sides of the Anse-à-l’Orme brook and of Chemin de l’Anse-à-l’Orme as identified in Plan PR-8/80-10-2A dated 31 October 1980, revised on 27 July 1983 and prepared by J.-André Laferrière, land surveyor.

(4) Part of the Anse-à-l’Orme Nature Park : a territory situated in the territory of the former Ville de Pierrefonds comprising, with reference to the cadastre of the parish of Sainte-Geneviève, the lots and parts of lots situated on the northwest of Gouin boulevard as shown in Plan PR-8/80-10-2A.

(5) Part of the Cap-Saint-Jacques Nature Park : a territory situated in the territory of the former Ville de Pierrefonds comprising, with reference to the cadastre of the parish of Sainte-Geneviève, the whole of the lots and parts of lots situated on the northwest of Gouin boulevard, that is lots 230-1, 230-2, 231-1, 232-1, 232-2, 233, 234-1, 235A, 236, 236A, 236B, 236C, 237-1, 237-2-1, 237-4-1, 237-4-2, 237-4-3, 237-4-4, 237-4-5, 237-4-6, 237-4-7, 237-4-8, 237-4-9, 237-5-17, 237-5-33, 237-7, 237-8 and part of lots 230, 231, 232, 234, 235, 237, 237-2, 237-3, 237-4, 237-5 and 237-6 ; those lots or parts of lots include the convent of the Soeurs de Sainte-Croix et des Sept-Douleurs.

Ahuntsic/Cartierville Borough

The part of the territory of the former Ville de Montréal delimited on the north by the boundary of Ville de Laval situated at the centre of the Des Prairies river, on the east by the boundary of the former Ville de Montréal-Nord up to the CN railway line, along the railway line westerly to Papineau avenue, by Papineau avenue to Métropolitain boulevard, by Métropolitain boulevard westerly to the boundary of the former Ville de Saint-Laurent, by that boundary to the boundary of the former Ville de Pierrefonds, by that boundary to the boundary of Ville de Laval, at the centre of the Des Prairies river.

Côte-des-Neiges/Notre-Dame-de-Grâce Borough

The part of the territory of the former Ville de Montréal delimited on the north by the boundary of the former Ville de Mont-Royal from the boundary of the former Cité de Côte-Saint-Luc to Jean-Talon street, Jean-Talon street easterly to the boundary of the former Ville d’Outremont, by that boundary and its extension to Chemin Remembrance, by Chemin Remembrance to the boundary of the former Ville de Westmount, by that north, west and south boundary to Autoroute 20, by Autoroute 20 westerly to Pullman street, by Pullman street to the ridge of the Falaise Saint-Jacques, along that ridge to the meeting point of Sainte-Anne-de-Bellevue boulevard and the boundary of the former Ville de Montréal-Ouest, by that boundary to the boundary of the former Cité de Côte-Saint-Luc, by that boundary to the boundary of the former Ville de Hampstead, by that south, east and north boundary to the boundary of the former Cité de Côte-Saint-Luc, by that boundary to the boundary of the former Ville de Mont-Royal.

Mercier/Hochelaga-Maisonneuve Borough

The part of the territory of the former Ville de Montréal delimited on the north by the boundary of the former Ville de Saint-Léonard, from Lacordaire street to the boundary of the former Ville d’Anjou, by that boundary to the boundary of the former Ville de Montréal-Est, by that boundary to the St. Lawrence River, by the St. Lawrence River westerly to a line perpendicular to the meeting point of Notre-Dame street and the CP railway line, along that line to the CP railway line, by the CP railway line to Sherbrooke street, by Sherbrooke street easterly to Dickson street, by Dickson street to Lacordaire street, by Lacordaire street to the boundary of the former Ville de Saint-Léonard.

Plateau Mont-Royal Borough

The part of the territory of the former Ville de Montréal bounded on the north and on the northeast by the Canadian Pacific railway line ; from the east boundary of the former Ville d’Outremont to Sherbrooke street ; Sherbrooke street southwesterly to University street ; University street northerly to Des Pins avenue ; Des Pins avenue northeasterly to Du Parc avenue ; Du Parc avenue northerly to Mont-Royal avenue ; Mont-Royal avenue westerly to the east boundary of the former Ville d’Outremont ; that boundary northerly to the Canadian Pacific railway line.

Rosemont/Petite-Patrie Borough

The part of the territory of the former Ville de Montréal delimited on the north by the boundary of the former Ville de Saint-Léonard, from 24th Avenue to Lacordaire street, by Lacordaire street to Dickson street, by Dickson street to Sherbrooke street, by Sherbrooke street westerly to the CP railway line, along that railway line to the boundary of the former Ville d’Outremont, by that boundary to the CP railway line on the north, along that railway line to Jean-Talon street, by Jean-Talon street easterly to Papineau avenue, by Papineau avenue to Bélanger street, by Bélanger street to 24th Avenue, by 24th Avenue to the boundary of the former Ville de Saint-Léonard.

Sud-Ouest Borough

The part of the territory of the former Ville de Montréal bounded on the north by the ridge of the Falaise Saint-Jacques from the meeting point of Sainte-Anne-de-Bellevue boulevard with the northeast boundary of the former Ville de Montréal-Ouest to Pullman street ; generally easterly, successively, Pullman street to Autoroute 20 ; the said autoroute to the south boundary of the former Ville de Westmount, the said south boundary to the Canadian Pacific railway line, then along that railway line to Guy street ; southerly, Guy street to Notre-Dame street ; northeasterly, Notre-Dame street to Autoroute Bonaventure ; generally southerly, Autoroute Bonaventure to the Victoria bridge ; the Victoria bridge easterly to the west shore of the St. Lawrence River ; successively southerly and southwesterly, the shore of the St. Lawrence River to the boundary between the former cities of Montréal and Verdun ; generally westerly, the boundary between the former Ville de Montréal and the former cities of Verdun and Lasalle to the boundary between the former cities of Montréal and Lachine ; that latter boundary northwesterly to the south boundary of the former Ville de Montréal-Ouest ; finally, northwesterly, the northeast boundary of the former Ville de Montréal-Ouest to Sainte-Anne-de-Bellevue boulevard.

Ville-Marie Borough

The part of the territory of the former Ville de Montréal bounded on the north by Chemin Remembrance ; from the northeast boundary of the former Ville de Westmount to the extension southerly of the west boundary of the former Ville d’Outremont ; northerly, the said extension ; successively, easterly and northerly, the south and east boundaries of the former Ville d’Outremont to Mont-Royal avenue ; generally easterly, Mont-Royal avenue to Du Parc avenue ; southerly, Du Parc avenue to Des Pins avenue ; southwesterly, Des Pins avenue to University street ; southerly, University street to Sherbrooke street ; Sherbrooke street northeasterly to the Canadian Pacific railway line ; successively southeasterly and southerly, the Canadian Pacific railway line to Notre-Dame street ; southeasterly, perpendicularly to the northwest shore of the St. Lawrence River, a straight line to the said shore ; southeasterly, a straight line so as to include Île Notre-Dame and Île Sainte-Hélène, to the boundary between the former Ville de Montréal and the former Ville de Longueuil ; southwesterly, part of the boundary between the former Ville de Montréal and the former cities of Longueuil and Saint-Lambert to the Victoria bridge ; the Victoria bridge westerly to Autoroute Bonaventure ; generally northwesterly, Autoroute Bonaventure to Notre-Dame street ; Notre-Dame street southwesterly to Guy street ; Guy street northerly to the Canadian Pacific railway line ; generally westerly, the said railway line to the east boundary of the former Ville de Westmount ; finally, successively northerly and northwesterly, the boundary of the former Ville de Westmount to Chemin Remembrance.

Villeray/Saint-Michel/Parc-Extension Borough

The part of the territory of the former Ville de Montréal delimited on the north by the CN railway line, from Papineau avenue to the boundary of the former Ville de Montréal-Nord, along that boundary to the boundary of the former Ville de Saint-Léonard, by that boundary southerly to 24th Avenue, by 24th Avenue to Bélanger street, by Bélanger street westerly to Papineau avenue, by Papineau avenue to Jean-Talon street, by Jean-Talon street westerly to the CP railway line, along that railway line to the boundary of the former Ville d’Outremont, by that boundary to the boundary of the former Ville de Mont-Royal, by that boundary northerly to Métropolitain boulevard, by Métropolitain boulevard easterly to Papineau avenue, by Papineau avenue to the CN railway line.

Rivière des Prairies/Pointe-aux-Trembles/Montréal-Est Borough

Corresponds to the territory of the former Ville de Montréal-Est and of the part of the territory of the former Ville de Montréal delimited on the north by the boundary of Ville de Laval and situated at the centre of the Des Prairies river, by that boundary to the St. Lawrence River, by the St. Lawrence River to the boundary of the former Ville de Montréal-Est, by that boundary to the boundary of the former Ville d’Anjou, by that boundary to the boundary of the former Ville de Montréal-Nord, by that boundary to the boundary of Ville de Laval.

II - NUMBER OF COUNCILLORS FOR EACH BOROUGH

Dorval/L’Île-Dorval: 1

Mont-Royal: 1

Kirkland: 1

Westmount: 1

Outremont: 1

L’Île-Bizard/Sainte-Geneviève/Sainte-Anne-de-Bellevue: 1

Beaconsfield/Baie-d’Urfé: 1

Pointe-Claire: 1

Anjou: 2

Côte-Saint-Luc/Hampstead/Montréal-Ouest: 2

Dollard-des-Ormeaux/Roxboro: 2

Verdun: 3

Pierrefonds/Senneville: 2

Saint-Léonard: 3

Saint-Laurent: 3

Montréal-Nord: 3

LaSalle: 3

Lachine: 2

Rivière-des-Prairies/Pointe-aux-Trembles/Montréal-Est: 4

Ville-Marie: 3

Sud-Ouest: 3

Plateau Mont-Royal: 4

Mercier/Hochelaga-Maisonneuve: 5

Ahuntsic/Cartierville: 5

Rosemont/Petite-Patrie: 5

Villeray/Saint-Michel/Parc-Extension: 5

Côte-des-Neiges/Notre-Dame-de-Grâce: 6

2000, c. 56, Sch. I-B; 2001, c. 25, s. 308.

SCHEDULE C

(provisions enacted under section 9)

CHAPTER I

ORGANIZATION OF THE CITY

DIVISION I

GENERAL POWERS OF THE CITY

1. The city may make any agreement to entrust, in whole or in part, the administration, operation or management, in its name, of the property which it owns or uses and the programs or services within its jurisdiction, with the exception of those concerning traffic, peace, public order, decency and good morals.

Sections 573 and 573.1 of the Cities and Towns Act (chapter C-19) do not apply to agreements made under the first paragraph where they relate to recreation or community matters, if they are made with non-profit bodies to which the city is authorized to pay subsidies.

2. The city may enter into an agreement with the Board of Trade of Metropolitan Montréal, or with a legal person in which the Board of Trade holds a majority interest, for the purpose of

(1) transferring to it the exclusive right to operate, subject or not to conditions, the streetside parking spaces belonging to the city which are used for a fee ;

(2) selling to it or leasing to it, as sole lessee, subject or not to conditions, offstreet parking spaces belonging to the city which are used for a fee ; or

(3) transferring to it the exclusive right to collect the fees charged for the use of the parking spaces so sold or leased.

Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the city may also

(1) with the authorization of the Minister of Municipal Affairs and Greater Montréal, guarantee the loan obtained from a third party by the body referred to in the first paragraph for the purpose of paying for the rights transferred to it by the city, up to a maximum amount of $40 000 000 ; however, in the event that the third party exercises its guarantee, the body shall transfer the rights back to the city ; the maximum amount is reduced annually according to the repayment of the loan ; or

(2) give or lend money to that body out of the amounts collected pursuant to subparagraph 10.1 of the second paragraph of section 113 of the Act respecting land use planning and development (chapter A-19.1) and for the purposes provided for therein.

The rights conferred to that body under the first paragraph in respect of parking spaces in the public domain are unseizable, except by the city, and inalienable, except in favour of the city.

Subject to the rights transferred by the agreement, the city retains in respect of the parking spaces referred to in the first paragraph, every power conferred on it by the Charter or any other act, including the power to enforce the by-laws thereunder. Without limiting the generality of the foregoing, the city retains the power to

(1) fix a tariff of fees for the use of the parking spaces that are the subject of the agreement ;

(2) impose a fine on any person who parks or stops his or her vehicle in such a parking space without paying the fixed fee or contrary to any other regulatory standard, and collect the fine ; and

(3) authorize any person to build, establish or operate garages or parkings lots.

Section 107.9 of the Cities and Towns Act (chapter C-19) and section 217 applies to the body with which the city enters into an agreement under the first paragraph.

3. No person shall, without the city’s authorization, use in any way

(1) the name of the city, of a borough, of a municipal service or of a mandatary body of the city or a name likely to be confused with that name, its crest, seal, flag, coat of arms or graphic symbol ; or

(2) the name of the Communauté urbaine de Montréal or of a municipality referred to in section 5 of this Act, of any of its departments or any of its mandatary bodies, or a name likely to be confused with that name, its crest, seal, flag, coat of arms or graphic symbol.

Any person violating the provisions of this section shall be liable to a fine not exceeding $1 000 if the offender is a natural person and $2 000 if the offender is a legal person. For a subsequent offence, those maximum fines may be doubled.

4. The city may, for all purposes within its jurisdiction and, in particular, for the purpose of promoting the cultural, economic and social development of the city and its citizens, negotiate or enter into an agreement with an agency representing or administering local or regional Canadian or foreign communities.

5. The city may join any association or group of persons or agencies representing or administering local or regional Canadian or foreign communities and participate in its activities.

6. The city is authorized to refuse to deal with any person or enterprise holding an interest of a type defined by resolution of the council in the manufacture, storage or transportation of nuclear weaponry or specific nuclear weapon components or in research in that field, and to exclude such a person or enterprise from public tenders.

Prior to the application of the first paragraph, the resolution of the council must be published once in a newspaper distributed in the city.

For the purposes of this section, the expressions “nuclear weaponry” and “nuclear weapons” mean atomic or thermonuclear bombs as well as missiles or other devices specifically intended to carry such bombs.

7. The city may, in order to promote the reception, establishment or maintenance of international governmental or non-governmental agencies on its territory, create or participate in any international development fund intended for the promotion of the city as an international centre.

8. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the city may

(1) participate in, as a member, or provide aid to the Centre d’expertise et de recherche en infrastructures urbaines for the implementation of research, development or experimental projects relating to the rehabilitation and renewal of the infrastructures of its territory ;

(2) participate, as a member, shareholder or sponsor, as the case may be, in bodies or partnerships engaged in the distribution and marketing of technological processes or innovations designed or developed by the Centre d’expertise et de recherche en infrastructures urbaines.

9. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the city may, to foster the economic development of the city,

(1) create, alone or in collaboration with any legal person, a legal person entrusted with

(a) promoting the city’s economic development ; or

(b) fostering the establishment and maintenance of enterprises on its territory ;

(2) participate in or collaborate with any legal person pursuing an objective referred to in subparagraph 1 of the first paragraph.

The city may, in respect of a legal person referred to in the first paragraph, avail itself of the provisions of section 228, adapted as required.

10. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the city may

(1) participate in, as a member, or provide aid to a body or legal person devoted to the implementation of research, development or experimental projects relating to soil decontamination or site rehabilitation ; or

(2) participate, as a member, shareholder or sponsor, as the case may be, in bodies or legal persons engaged in the distribution and marketing of technological processes or innovations designed or developed by a body or legal person referred to in paragraph 1.

11. The city may constitute, in accordance with Part IA of the Companies Act (chapter C-38), a company whose principal activity is providing a third party with any service, advice, substance, material and equipment relating to any matter within its jurisdiction.

12. The city or a company referred to in section 11 may, in accordance with the law, enter into an agreement in respect of the exercise of its jurisdiction with a person, a government, one of its departments, an international organization, any agency of the said government or organization or any other public agency. The city or the company may carry out the agreement and exercise the rights and privileges and fulfil the obligations arising therefrom, even outside the territory of the city.

12.1. The city may enter into any agreement with the legal person known as Quartier international de Montréal concerning the carrying out and financing of work on the part of the city’s territory known as the Quartier international de Montréal.

The Government may be a party to the agreement provided for in the first paragraph.

DIVISION II

COUNCIL, MAYOR, COUNCILLORS AND COMMITTEES OF THE COUNCIL

13. The mayor shall represent the city on all ceremonial occasions.

14. The mayor shall submit observations and suggestions to the council and to the executive committee when he or she deems it advisable.

15. The powers referred to in sections 52, 53 and 323 of the Cities and Towns Act (chapter C-19) as well as in sections 22 and 23 of this Act appertain exclusively to the office of mayor and cannot be exercised by the deputy mayor.

A period of seven days applies to the clerk of the city rather than the period of 96 hours provided for in the first paragraph of section 53 of the Cities and Towns Act.

16. In addition to the basic remuneration provided for by the law, the city may, by by-law, fix additional remuneration for the duties of opposition leader and for the duties of majority leader 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) applies in respect of the additional remuneration so fixed as if the duties of the opposition leader and majority leader were special duties within the meaning of that Act.

The majority leader is the councillor designated by the political party with the greatest number of councillors on the city council.

The opposition leader 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 opposition leader 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 amended at any time.

17. The council, a borough council or the executive committee, within the scope of its jurisdiction, may authorize a member of the council, of a borough council, of the executive committee or an officer to sign, on behalf of the city, contracts, deeds or documents of such nature as it determines by resolution.

18. The city may, by by-law, prescribe the conditions under which the failure of a member of the council, of a borough council, of the executive committee or of a committee to attend a meeting or to fulfill his or her obligation to vote at a meeting entails a reduction in his or her remuneration or allowance, and prescribe the rules for computing the reduction.

19. The city may make a by-law respecting the administration and the internal management of a committee.

It may, in particular, by that by-law,

(1) prescribe the length and time of the question period at public sittings of a committee, and the procedure to be followed to put a question ; and

(2) require that a committee forward to the city every year, at the time determined by the city, a report of its operations during the last fiscal year.

20. Until the coming into force of a by-law establishing internal management rules for meetings of the city council, the By-law concerning rules of procedure for council meetings and internal rules for council management (R.B.C.M., chapter P-8.1) applies to meetings of the city council, adapted as required.

DIVISION III

PUBLIC SAFETY COMMITTEE

21. The public safety committee may, by resolution, decide to make recommendations it considers confidential that are directly related to the prevention, detection and repression of crime or breaches of the law to the executive committee instead of the council.

22. The executive committee may make any confidential recommendation made to it by the public safety committee, and the opinion and examination accompanying it, available to the public.

23. Notwithstanding section 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has the right to be informed of the existence of or to be provided with information concerning him or her and contained in a book, register or document, or part thereof, relating to a subject discussed or to be discussed at a meeting in camera of the public safety committee and directly related to the prevention, detection and repression of crime or breaches of the law.

DIVISION IV

EXECUTIVE COMMITTEE

24. The mayor may appoint no more than eight councillors to assist the members of the executive committee as associate councillors.

The mayor may replace an associate councillor at any time.

Associate councillors shall not sit on the executive committee.

DIVISION V

OFFICERS AND EMPLOYEES OF THE CITY

§1.—General

25. The official titles by which the department heads or the persons responsible for administrative units for the city are designated also designate their assistants when acting in their stead or any persons duly authorized to replace them.

26. The city may establish, by by-law, the city departments and bodies entrusted by it to apply this Act ; it may amalgamate, abolish or replace any such department or body but it shall not amalgamate, replace or abolish the auditor general’s office.

Any specific reference to a department head, department or body in this Act, in any by-law or resolution made under this Act and in any agreement, contract, form or document made pursuant to this Act includes, where such is the case, any other department head, department or body the city may, under the first paragraph, have entrusted with the application of the provision to which such reference is made.

For administrative purposes, the auditor general’s office and the electrical services commission are considered departments, and the city auditor general and the chair of the electrical services commission rank with the department heads of the city.

27. The city council shall appoint a secretary for each borough.

The secretary shall, with the necessary modifications and for the purposes of the powers of the borough council, have the powers and perform the duties of the clerk of a municipality provided for in any law.

28. The city may appoint an officer of the city to make the declaration of the city before the court, when summoned before it as garnishee, and to deposit therein the moneys the city owes the debtor under an order of the court.

§2.—Pension plans

29. Subject to the provisions of this subdivision, the supplemental pension plans for the employees of the city shall be administered by committees governed by the provisions of the Supplemental Pension Plans Act (chapter R-15.1) relating to pension committees.

Notwithstanding paragraph 8 of section 464 of the Cities and Towns Act (chapter C-19), a council member is not required to be a member of such committee. The council may replace a council member who was a member of a pension committee of a municipality referred to in section 5 of this Act by another person, who may or may not be a council member. The replacement of that council member shall not be subject to the formalities applicable to an amendment to a by-law respecting pension plans.

30. The city may, by by-law,

(1) establish a common fund in which the pension plan committees of the former Ville de Montréal may deposit all or part of the assets of the plans and where these assets are commingled ;

(2) entrust the administration of the fund to a committee that it establishes for such purpose and that is composed of representatives of each of the participating committees.

The committee established under subparagraph 2 of the first paragraph shall have the powers and responsibilities of a pension committee delegatee according to the Supplemental Pension Plans Act (chapter R-15.1).

31. The city may enter into general agreements with other employers to provide for conditions of transfer of benefits or assets between pension plans. These agreements shall be approved for employees of the city by the executive committee and by the committee acting as a pension committee for the plan concerned.

32. The city may, by by-law, provide for the payment to an employee of the city who became a city employee following the annexation of Cité de Saint-Michel to the former Ville de Montréal, for which the employee was then working, or to a member of the employee’s family or a beneficiary whom the employee was entitled to designate, of a retirement or disability pension granted in each case by the executive committee that is equal to the difference between the pension or the total of the pensions to which the employee is entitled and those to which the employee would have been entitled without such annexation if the employee were still in the employ of such former city, on condition that he or she pays Ville de Montréal the amount of any refunds the employee received for contributions to a pension plan of the city and of the former municipality.

33. The city may, by by-law, authorize council members, who immediately after the end of their term receive a retirement pension under a plan in which they are members, to participate in the group insurance taken out by the city. The member shall pay the entire amount of the premium.

A member of the council of the former Ville de Montréal, to whom the compensation program provided for in section 233 of the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais (2000, chapter 56) applies may participate in the group insurance taken out by the city for the period covered by the program. The member shall pay the full amount of the premium.

34. The city may contribute, out of its revenues, to the funds of the Montréal Police Benevolent and Pension Society, the amounts required every year to meet its obligations under the terms of the deed concluded on 22 June 1977 between the city and the society, before Mtre. Jean-Paul Langlois, notary at Montréal, under number 9053 of his minutes.

35. The city may maintain the following supplemental pension plans :

(1) the plan provided for in the memorandum of agreement of 27 August 1982 between the negotiating committee of the former Ville de Montréal and the Communauté urbaine de Montréal and that of the Canadian Union of Public Employees, local section 301 ;

(2) the plan provided for in the memorandum of agreement of 11 March 1983 between the negotiating committee of the former Ville de Montréal and the Communauté urbaine de Montréal and that of the Syndicat des fonctionnaires municipaux de Montréal ;

(3) the plan provided for in the agreement of 27 June 1984 ratified by the Syndicat des architectes of the former Ville de Montréal and the Communauté urbaine de Montréal ;

(4) the plan provided for in the agreement of 11 July 1984 ratified by the Syndicat des professionnels of the former Ville de Montréal and the Communauté urbaine de Montréal ;

(5) the plan provided for in the agreement of 10 August 1984 ratified by the Syndicat professionnel des ingénieurs of the former Ville de Montréal and the Communauté urbaine de Montréal ;

(6) the plan provided for in the agreement of 21 August 1984 ratified by the Association des chimistes professionnels of the former Ville de Montréal and the Communauté urbaine de Montréal ; and

(7) the pension plan of officers of the Communauté urbaine de Montréal bearing number 75 and adopted by the council of the Communauté urbaine de Montréal on 19 December 1984.

Each supplemental pension plan referred to in the first paragraph is in force from the date referred to in the memorandum of agreement or in the agreement providing therefor.

The Supplemental Pension Plans Act (chapter R-15.1) and the regulations thereunder shall continue to apply to the pension plans referred to in this section, to the extent that they are not inconsistent with those pension plans.

36. An agreement entered into under the first paragraph of section 330.2 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2) is deemed to comply with the Supplemental Pension Plans Act (chapter R-15.1).

37. Every by-law establishing a pension plan for the employees of the former Ville de Montréal is deemed to contain the provisions of the second and third paragraphs of article 172 of the Charter of the City of Montréal (1959-1960, chapter 102).

The fourth paragraph of subparagraph 8 of the first paragraph of section 464 of the Cities and Towns Act (chapter C-19) does not apply to those by-laws and to any by-law establishing a pension plan intended for employees of the Communauté urbaine de Montréal.

37.1. A regulation under the second paragraph of section 2 of the Supplemental Pension Plans Act (chapter R-15.1) relating to the pension plans referred to in section 135.1 of that Act may have retroactive effect from any date that it determines.

Such a regulation may, from any date that it determines and that may be prior to the date of its coming into force, amend or repeal any provision contained in sections 135.1 to 135.5 and 306.2 to 306.6 of the Supplemental Pension Plans Act and in sections 29 to 32 of the Act respecting the negotiation of agreements concerning the reduction of labour costs in the municipal sector (1998, chapter 2).

CHAPTER II

COUNCIL MEETINGS

38. One third of all the council members shall constitute the quorum for the proper dispatch of the business of the council.

39. Not less than ten regular council meetings shall be held every year and be convened by the executive committee.

40. If the executive committee refuses to call a special council meeting when at least twenty council members deem it necessary, the latter may order the calling of such meeting by sending a written request to the clerk that is signed by them and specifies the business for which they request the calling of such meeting.

On receipt of such request, the clerk shall prepare a notice of meeting indicating briefly the business to be submitted to such meeting and have a true copy thereof issued by one of his or her employees, a bailiff, a peace officer or an employee of a public or private mail delivery or courier enterprise, or sent by registered mail to every council member, at his or her domicile or business establishment, at least two clear juridical days before the meeting.

The certificate from the post office is evidence the notice was mailed on the date it shows, and the delivery of the notice by the employee of the clerk is established by a written return attesting the same and signed by him.

41. Subject to section 40 and section 323 of the Cities and Towns Act (chapter C-19), the agenda paper for each council meeting must be drawn up by the executive committee, be deposited in the clerk’s office at least three days before the date of the meeting and a copy thereof sent by mail to each member of the council at the same time as a notice calling the meeting prepared and sent or issued in accordance with the requirements of section 40.

The agenda paper must contain a detailed list of the business that will be submitted to the council.

42. No business other than that specified in the notice of meeting shall be considered at a council meeting, unless agreed to by the mayor and all the council members who are present.

Nevertheless, a councillor may file a notice of motion, either at the meeting or at any other time with the office of the clerk. The executive committee must enter on the agenda paper of the next council meeting any such notice of motion received more than 15 days before the meeting.

43. The council shall designate one of its members to preside at the council meetings. When that member is absent, the council shall designate a substitute.

The person presiding at the council meetings may vote only in the case of a tie vote.

The councillor presiding at a meeting may vote where the councillors are required, under the Act respecting elections and referendums in municipalities (chapter E-2.2), to elect a mayor from among them.

44. The agenda paper of any regular council meeting shall also include any matter required by law to be discussed at such meeting.

CHAPTER III

POWERS OF THE COUNCIL

DIVISION I

GENERAL POWERS RESPECTING BY-LAWS

§1.—Passing, coming into force and promulgation of by-laws

45. The city may, when it deems it expedient, revise or consolidate the whole or any part of its by-laws so as to unite them in one or more volumes, and, to that end, repeal, replace or amend them.

For the purposes of the first paragraph, the city may determine the terminology and set forth rules respecting the drafting, reference to and publication of the revised by-laws ; it may also set forth all the necessary rules in respect of the coming into force of the revised by-laws and provide for an annual updating method that will allow for continuous revision.

Nothing in this section may be interpreted as affecting any matter or thing done or required to be done, any resolutions, decisions, orders or other proceedings of the city, any debentures, bonds, notes or other securities issued, any collection rolls for special taxes, or the rights and duties of municipal officers, which shall continue to be governed by the previous by-laws until the expiry of the term fixed.

46. The scope of application of any by-law may be limited to a part only of the territory of the city.

47. The city may, by by-law, authorize the executive committee or a borough council to make orders related to any by-law ; such authorization shall specify the object of each order.

Such orders shall be part of the relevant by-laws and shall become compulsory upon publication, in a newspaper distributed in the city, of a notice specifying the object thereof and indicating the date they were made.

§2.—Penalties enacted by by-law

48. For by-laws respecting fire prevention, noise control, residual material management, deterioration of buildings due to lack of maintenance, abuse or defacement, or the alteration of residential buildings involving a reduction in the number of housing units or in the housing surface, the city may prescribe a minimum fine not exceeding $2 000 and a maximum fine not exceeding $10 000.

For a subsequent offence, the city may prescribe a minimum fine not exceeding $4 000 and a maximum fine not exceeding $20 000.

49. For the demolition of an immovable carried out without authorization or contrary to the conditions of authorization, the offender shall be liable to a fine of not less than $5 000 and no more than $50 000.

This section shall not prevent the city from requiring the total or partial reconstruction of the building so demolished or deprive it of any other remedy provided for by the law.

For the purposes of this section, a building is completely demolished if at least 50% of the building has been destroyed by demolition, not including the foundations.

50. Notwithstanding section 369 of the Cities and Towns Act (chapter C-19), the city may, by by-law, impose, for failure to hold a permit or licence required under a by-law, a fine equal to the amount of the special tax levied for the object of the permit or licence or to the cost of the permit or licence, as the case may be.

For any subsequent offence, the city may prescribe that the amount of the fine be equal to twice the amount of the fines provided for in the first paragraph.

The execution of the judgment against the offender does not exempt him or her from the obligation to pay the special tax or from obtaining the permit or licence required or if he or she is entitled thereto.

DIVISION II

SPECIFIC POWERS

§1.— Construction and inspection of buildings, chimneys, etc.

51. The city may, by by-law

(1) enact measures, after giving notice to the interested parties according to the law or the bylaws of the city, to close and demolish any building no longer fit for habitation or occupation and any structures which are dangerous by reason of their lack of solidity ;

(2) sell or otherwise dispose of the materials resulting from such demolition ;

(3) recover from the owner the cost of closing and demolishing the building, when the work has been done by the city or by any other person on its behalf.

The cost of closing and demolishing constitutes a prior claim on the immovable on which the building was situated, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code.

The expense is secured by a legal hypothec on the immovable.

52. Where public safety is endangered, the executive committee may order the owner of an unoccupied building to have the building kept under watch in accordance with the terms and conditions determined by the executive committee.

Should the owner fail to comply with the order within 24 hours after it has been served or after a notice has been published in a newspaper, if the owner is unknown, untraceable or unidentifiable, the city may have the building kept under watch at the expense of the owner, and all the expenses and costs thus incurred by the city are considered to be property taxes encumbering the immovable for which they are incurred. The treasurer shall alter the collection roll accordingly.

53. No building, improvement or enlargement permit, except for repairs, may be granted for an immovable from the date of the resolution reserving the immovable for municipal purposes or ordering its expropriation.

Such prohibition shall cease after one year from the date of the resolution, except if proceedings for imposing its reservation or for expropriation are commenced before the expiry of the prescribed period.

§2.—Public health

54. In this subdivision,

“food” means anything that may be used to feed humans or animals, including beverages other than alcoholic beverages within the meaning of the Act respecting the Société des alcools du Québec (chapter S-13) ; and

“inspector” means a person entrusted with the application of a by-law or order made under section 55.

55. The city may, by by-law,

(1) prescribe hygiene and sanitation measures relating to food service or food retailing activities, the providing of services to consumers for remuneration or donations for philanthropic or promotional purposes, in particular, the activities related to the preparation, processing, preservation, handling or transport of food ;

(2) prescribe, for sanitation purposes, rules governing the construction, layout and equipment of establishments, vehicles or apparatus in which an activity referred to in paragraph 1 is carried on or which are used for such activity ;

(3) prohibit the use or possession of food or the sale of food in an establishment, vehicle or apparatus referred to in paragraph 2 if the food does not comply with the Food Products Act (chapter P-29) ;

(4) require that a person carrying on an activity referred to in paragraph 1 pass an examination prescribed by by-law to establish whether or not his or her knowledge of hygiene and sanitation is sufficient ;

(5) authorize an inspector or a person referred to in section 32 of the Food Products Act (chapter P-29) to have an activity referred to in paragraph 1 stopped, to order the closing down of an establishment or apparatus, or the stopping of a vehicle, to affix seals, to seize, to confiscate, destroy or add colouring to food or to move or cause to be moved any food, vehicle, object or apparatus, at the owner’s expense, where the authorized person considers the operation of the establishment or the use of the object, food, apparatus or vehicle to represent an immediate danger to the life or health of consumers.

56. A by-law passed under section 55 requires the approval of the Minister of Agriculture, Fisheries and Food.

57. In the performance of his or her duties, an inspector or a person referred to in paragraph 5 of section 55 may

(1) at any reasonable time, enter an establishment and have access to any vehicle or apparatus referred to in paragraph 2 of section 55 ;

(2) inspect the establishment, vehicle or apparatus and its equipment ;

(3) inspect any food found in the establishment, vehicle or apparatus and take samples thereof free of charge.

The inspector or person may require the production of books, registers and documents relating to matters referred to in a by-law made under section 55 ; the inspector or person may also ask for any other information in that regard that he or she considers necessary or expedient. A person must comply with such requests and facilitate the access and inspection referred to in the first paragraph.

An inspector or a person referred to in paragraph 5 of section 55 shall exercise the inspection powers provided for in the first paragraph in accordance with the terms and conditions provided for in the agreement entered into under section 60 where such agreement contains provisions respecting the methods of carrying out such powers.

58. No person may hinder an inspector or a person referred to in section 57 in the performance of his or her duties. In particular, no person may deceive him or her or attempt to deceive him or her by concealment or false declarations.

If required, the inspector or person shall identify himself or herself and produce a certificate attesting his or her authority, signed, as the case may be, by the head of the city department concerned or by the Minister of Agriculture, Fisheries and Food.

59. The city may, by by-law, prescribe, as a penalty for an offence against a by-law made under section 55 or an offence against section 57 or 58

(1) in the case of a natural person, a fine of not less than $100 and of no more than $2 000 for a first offence, and a fine of not less than $300 and of no more than $4 000 for a subsequent offence ;

(2) in the case of a legal person, a fine of not less than $200 and of no more than $3 000 for a first offence, and a fine of not less than $600 and of no more than $8 000 for a subsequent offence.

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

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

The city may also enter into an agreement with the Minister of Agriculture, Fisheries and Food dealing with food inspection programs in connection with the application of the by-laws of the city.

61. The city or any municipality that is a party to an agreement under section 60 may, unless the agreement provides otherwise, institute penal proceedings for an offence committed in its territory under a provision whose application is covered by the agreement.

The fine shall belong to the city or to the municipality that instituted the proceedings.

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

62. The city may, by by-law, impose, according to the category of immovables, use or materials referred to in subparagraph a of paragraph 10 of the first paragraph of section 413 of the Cities and Towns Act (chapter C-19), standards respecting the keeping, storage and maintenance of such materials at a temperature not exceeding a maximum temperature, including, if necessary, refrigeration.

63. Sections 54 to 62 will cease to have effect on 31 December 2002.

§3.—Decency and morality

64. The city may, by by-law,

(1) govern the establishment, layout and use of erotic viewing halls, stores offering erotic articles and establishments where erotic shows are performed or that exploit eroticism ;

(2) prescribe that the operation of such an establishment or the carrying on of such an activity in an establishment may not be continued by reason of vested rights beyond a period of two years after the coming into force of a by-law with which such an establishment or activity is inconsistent, without compensation for the loss of vested rights ;

(3) particularly in the interest of morality, public order or the protection of youth, define amusement halls, determine the classes of amusement halls and govern them differently ; and

(4) for the purposes of the protection of youth, require that the owner or operator of an establishment referred to in paragraphs 1 and 3

(a) refuse admission of minors or a class of minors to such an establishment ;

(b) authorize the admission of such persons, on the conditions and within the limits that the council imposes, with respect, particularly, to places, hours and days or to whether they are accompanied by an adult.

65. In the interest of morality, public order or the protection of youth, in particular, the city may, by by-law,

(1) prescribe, for all or part of the territory of the city, the maximum number of establishments referred to in paragraphs 1 and 3 of section 64, the minimum distance between these establishments and the maximum floor area that may be used by such establishments ;

(2) prohibit the use for such purposes of any floor area or of any premises greater than the maximum area or number permitted or short of the minimum distance prescribed.

§4.—Thoroughfares and public places

66. The city may, by by-law, in the manner and within the limits provided for in paragraph 14 of section 415 of the Cities and Towns Act (chapter C-19) in respect of excavation work in the public domain, govern excavation work in the private domain.

67. The city may, by by-law,

(1) authorize occupation of the public domain for certain purposes ;

(2) establish the conditions for such authorizations for each case or by general rules, as it sees fit ;

(3) prescribe that a permit, which may or may not be renewable periodically, must be obtained to secure such authorization ;

(4) determine the duration of occupation and the procedure for its termination for each case or by general rules ;

(5) provide for the removal of all or part of any construction or installation built on the public domain otherwise than in compliance with an authorization under this section ;

(6) subject to the right of the city to revoke any permit in the manner and on the conditions prescribed in the by-laws, prescribe that the city may, notwithstanding any authorization granted under this section, remove temporarily or permanently all or part of any such authorized construction or installation on the public domain, in the circumstances it determines ;

(7) create a register of occupation of the public domain and determine the classes of occupation to be registered and the manner in which they are to be registered and provide for the issue of certified extracts from the register ;

(8) require, in consideration for any occupation of the public domain, the payment, in a single payment or in instalments, of a price to be fixed by the city in each case or according to the criteria it determines ; and

(9) hold the persons authorized to occupy the public domain responsible for any damage to property or injury to persons as a result of the occupation and require that they take up the defense of the city and not hold it liable in any claim made against it by reason of such damage or injury.

The price payable under subparagraph 8 of the first paragraph for the occupation of the public domain is secured by a legal hypothec on the immovable for the use of which the occupation of the public domain was allowed.

The provisions related to the collection of property taxes shall apply to the collection of that price.

68. The city may, by by-law,

(1) govern the speed and parking of horse-drawn vehicles ;

(2) distinguish between various types of horse-drawn vehicles ;

(3) designate areas within which such vehicles may be driven ;

(4) prescribe the days, number of hours per day, hours of the day and periods of the year during which they may operate ;

(5) prescribe routes, halts, parking places, the requirement in certain cases to return to the starting point, and the places where they are to be put up or to be garaged ;

(6) establish mandatory standards of safety and hygiene in regard to such vehicles, their equipment and the horses ;

(7) grant licenses to owners and drivers of horse-drawn vehicles and fix quotas for such licences ;

(8) govern their services and fix the price thereof ;

(9) designate the places where they may park and circulate ;

(10) impose behaviour rules on drivers of horse-drawn vehicles and fix the price of their services ;

(11) impose a fine on passengers in such vehicles who refuse to pay the fare payable ; and

(12) govern the maintenance and use of horse-drawn vehicles.

69. The city may, by by-law, notwithstanding any inconsistent legislative provision, consent, with the previous approval of the Minister of Municipal Affairs and Greater Montréal, perpetual servitudes for the construction, reconstruction and maintenance of buildings, structures or tunnels over or under Ruelle des Fortifications, on the terms and conditions that the city shall determine.

69.1. For the purposes of parades, demonstrations, festivals or special events, the executive committee may prescribe rules or amend the traffic and parking rules that apply to the streets and roads in the city’s arterial road network and to the streets and roads forming the network under the responsibility of the borough councils if more than one borough is concerned, or if the streets and roads in both the city and borough networks are affected.

§5.—Gas and underground conduits

70. The city may

(1) build, administer and maintain a network of underground conduits for the wiring used for the transmission and distribution of electricity and links by telecommunications ; and

(2) govern the use of such network of conduits.

71. The city may, by by-law,

(1) manufacture or acquire gas for light, heat or motive power, as well as all kinds of apparatus and articles connected with the gas industry ; manufacture and dispose of gas by-products ;

(2) lease, build or acquire, by agreement or expropriation, all buildings and immovables, apparatus, machinery and material that it may deem necessary or useful for such industry ; sell, lease or otherwise dispose thereof, in whole or in part, as it sees fit ;

(3) lease or acquire, by agreement or expropriation, and operate in whole or in part, for the purposes of light, heat or motive power in the city, the plants, businesses, franchises and rights of any person operating or authorized to operate a gas business ;

(4) supply gas for light, heat or motive power to any consumer in the city and fix the price thereof ;

(5) exploit gas or gas by-products, as well as thermal energy generated at its residual material disposal sites ; and

(6) for the purposes of paragraph 5, issue bonds or other securities or make special loans with sinking funds for the amounts that the city deems necessary.

§6.—Antennas

72. The city may, by by-law, stipulate requirements respecting the mode and place of installation, the maintenance and the number and height of antennas and other similar apparatus outside buildings.

§7.—Commerce and industry

73. The city may, by by-law,

(1) grant licenses to pawn-brokers and dealers in second-hand articles, except for clothes, and impose requirements on them regarding, in particular, the keeping of records relating to their transactions, the disclosure of such records, the issue, within certain periods and in accordance with certain forms, of extracts from such records, the content of such extracts, and the manner of preserving articles that are subject to the above-mentioned transactions ; and

(2) impose the requirements provided for in paragraph 1 on every merchant or trader who acquires by any title office machines or supplies of any kind from a person other than a trader in similar articles.

74. Every merchant who buys precious metals, precious stones or jewellery of any kind from a person other than a trader in similar articles, shall be deemed to be a second-hand dealer for the purposes of section 73 and shall be subject to the provisions of any by-law passed under that section.

Jewellers, however, shall not be required to pay the special taxes or licences levied on second-hand dealers.

75. The city may, by by-law,

(1) impose behaviour rules on tour guides and conductors ;

(2) fix the maximum remuneration that they will be entitled to demand for their services ; and

(3) grant them permits or licenses and fix the cost, conditions and methods for issuing or cancelling such permits.

76. The city may, by by-law, govern amusement devices, and for such purposes :

(1) define them ;

(2) require a permit for their operation and limit their number by class or otherwise ;

(3) establish different standards according to zones, streets or places ;

(4) prohibit certain amusement devices which may be detrimental to consumers ;

(5) prescribe that an amusement device operated without a permit or for which the amusement fees are unpaid may be confiscated by order of the court ;

(6) authorize the destruction of property so confiscated or, under the circumstances and on such terms as determined in the by-law, authorize the disposal thereof ; and

(7) prohibit or limit the replacement of amusement devices in establishments where they are operated by vested rights.

77. The city may, by by-law,

(1) define and distinguish between the various kinds of parking lots ;

(2) prohibit or regulate them ; and

(3) prescribe the manner in which they must be laid out ; prescribe the architecture, dimensions, material and colour of any structure to be built thereon, including fences, and the place where that structure must be situated.

Subject to the third, fourth and fifth paragraphs, a by-law passed under this section is mandatory in respect of all the parking lots covered by it, including parking lots existing at the coming into force of the by-law.

The owner and the occupant of an existing parking lot have one year from the coming into force of the by-law, or any other additional time limit determined by the council, to comply with a new standard.

Furthermore, any parking lot layout standard imposing backup space that is not already prescribed by a zoning by-law applies to parking lots existing at the coming into force of the standard only up to the lesser of one metre in depth and 5% of the area of the parking lot.

No vested right lies with respect to any structure existing on a parking lot if the value of that structure is less than 10% of the value of the land entered on the assessment roll at the coming into force of a by-law passed under this section.

78. The city may, by by-law, govern the exhibition and sale of artistic works or handicrafts in the public domain, and particularly

(1) require that artists, artisans or their agents obtain a permit or licence, on the terms and conditions it determines, and limit the number thereof ;

(2) determine the places where artists, artisans or their agents may engage in their activities ;

(3) determine the types or classes of work that may be put on sale or exhibited and the production processes, which may vary according to the types or classes ;

(4) require, for reproducible, limited-edition work, that the work put on sale or exhibited specify the total number of copies produced of that work and the number of the copy in question ; and

(5) create and determine the composition of an examination committee, responsible for determining whether the work that an artist, an artisan or their agent intends to exhibit or put on sale in the public domain meet the requirements of a by-law under this paragraph.

79. The city may, by by-law, govern the activities of mimes, jugglers, acrobats, singers, musicians and other street entertainers or showmen in the public domain, and particularly

(1) require that they obtain a permit or licence, according to the terms and conditions it determines, and limit the number thereof ; and

(2) determine the places where they may engage in their activities.

§8.—Nuisances

80. The city may, by by-law, in addition to any other recourse provided for in the law, require that the owner of an immovable carry out or have carried out at his or her expense, upon his or her failure to do so, anything that the owner is required under the law or by-law to carry out with respect to such immovable.

The expense constitutes a prior claim on the immovable, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code.

The expense is secured by a legal hypothec on the immovable.

§9.—Financial assistance

81. The city may, by by-law, establish a program under which the city grants, in accordance with this paragraph, subsidies or tax credits to operators of bed and breakfast establishments within the meaning of the Tourist Establishments Act (chapter E-15.1).

The by-law shall provide rules for establishing the amount of the subsidy or of the tax credit, the conditions to be met for the subsidy or tax credit to be granted and the terms under which the subsidy is paid or the tax credit is granted.

82. The city may, by by-law, adopt a revitalization program or a plan of action providing, in particular, that the city grants subsidies for the construction, reconstruction, renovation, conversion, restoration, extension, relocation, removal, development, re-development or demolition of any immovable or for alterations in the connection of electric power lines and accessories.

The amount of the subsidy may in no case exceed the actual cost of the work.

83. Within the scope of a plan of action or revitalization program, the city may, by by-law, grant, on the conditions and in the sectors of its territory as it determines, a subsidy to compensate for any increase in property taxes that may result from reassessment of the immovables after completion of the work.

The amount of the subsidies referred to in the first paragraph may in no case exceed the following amounts :

(1) for the fiscal year during which the work was completed and the following fiscal year, the amount of the subsidy shall represent no more than the difference between the amount of the property taxes that would have been owing if the assessment of the immovable had not been changed and the amount of the taxes actually owing ; and

(2) for the second fiscal year following the fiscal year during which the work was completed, half of the amount provided for in subparagraph 1 of the first paragraph.

Where any entry on the roll relating to an immovable eligible for a subsidy under this section is contested, the subsidy is not paid until a final decision has been rendered on the contestation.

For a residential immovable, no subsidy is payable unless the owner proves, in the manner prescribed in the by-law, that the price charged to lessees for rent has not been increased as a result of the increase in the property taxes.

84. Within the scope of a revitalization program, the city may, by by-law, grant, on the conditions and in the sectors of its territory as it determines, a property tax credit in consideration for admissible work carried out on the immovables.

The tax credit granted may in no case exceed the actual cost of the work. It may be divided over more than one fiscal year.

85. Within the scope of a plan of action to promote home ownership, the city may, by by-law, on the conditions and in the sectors of its territory as it determines, grant subsidies or tax credits to individuals or housing cooperatives purchasing residential immovables.

86. The city may, for the purposes referred to in sections 82 to 85 of this Schedule, establish categories of immovables and classes of work. It may also, for the purposes referred to in section 84, establish classes of property taxes.

The city may combine the classes and categories provided for in the first paragraph. It may establish different conditions in keeping with the classes and categories or combinations of classes and categories and order that a subsidy or tax credit be granted only in respect of one or several of the classes and categories or combinations of classes and categories.

The city may avail itself of the first and second paragraphs differently according to the sectors of the city that it determines.

87. For the purposes of sections 82 to 85 of this Schedule and section 542.5 of the Cities and Towns Act (chapter C-19), the city may, in each case, establish various classes of recipients and fix different subsidy rates for the different classes.

It may also limit the eligibility of individuals for subsidies on the basis of the maximum allowable household income and, for that purpose, define the concept of household income and prescribe the modes of evaluation and control of such limitation.

88. The city may, by by-law, require that applicants for a subsidy referred to in sections 82 to 85 of this Schedule and section 542.5 of the Cities and Towns Act (chapter C-19),

(1) obtain the subsidies or grants that are available under provincial or federal programs for the same purposes ; and;

(2) produce an owner/lessee agreement, signed by a majority of the lessees, concerning the nature of the work to be carried out and possible rent increase.

Similarly, the city may require that the recipient of a subsidy prove, in the manner prescribed by by-law, that the amounts received as subsidies are deducted from the work costs taken into account in establishing the rents after completion of the work.

89. The city may, by by-law, in respect of a subsidy paid within the scope of a by-law passed under sections 82 to 85 of this Schedule and section 542.5 of the Cities and Towns Act (chapter C-19),

(1) stipulate, in the circumstances as provided for in the by-law, that any change in the destination or mode of occupancy of the immovable and that the alienation of all or any part thereof or the transfer of control by the legal person that owns the immovable, within a period of no more than ten years, fixed by the city, shall entail repayment to the city, in such proportion as the city shall determine according to how much time has elapsed, of the subsidy paid by the city in respect of the immovable, or that any permit required for a change of destination or occupancy may be refused until such repayment is made ;

(2) provide that repayment of the subsidy shall be payable by any person who was the owner of the immovable at the time of the change in its destination or mode of occupancy, its alienation or the transfer of control by the legal person that owns the immovable, or by any subsequent purchaser ; and

(3) prescribe the formalities necessary to ensure compliance with the requirements set out pursuant to subparagraphs 1 and 2 of the first paragraph.

If the by-law contains provisions adopted under subparagraph 2 or 3 of the first paragraph, the owner who receives the subsidy must have a document registered establishing the restrictions so stipulated to the right of ownership of the immovable. Registration of such document in the land register shall be made by deposit and the registrar is required to receive it and to make mention of it in that register.

90. Sections 82 to 86 of this Schedule and section 542.5 of the Cities and Towns Act (chapter C-19) applies notwithstanding the Municipal Aid Prohibition Act (chapter I-15).

§10.— Municipal finances

91. At the end of each fiscal year, the treasurer shall prepare the financial statements and reports for such fiscal year with respect to the city’s revenues and expenditures and its financial status. Such reports and statements shall specify separately the balance sheet and revenue and expenditure account and contain all other necessary information.

The treasurer shall file such statements and reports with the office of the clerk no later than 31 March unless, on the report of the executive committee, the council grants the treasurer an additional period not exceeding one month.

92. The executive committee shall draw up the city’s budget. It shall file the budget with the office of the clerk, with its recommendations on that budget and the budget of the Société de transport. The clerk shall send a copy of each document so filed and of the budget of the Société de transport to each member of the council, no later than 1 December.

93. On the filing of the budget or no later than 31 December each year, the treasurer shall determine, in a certificate, the appropriations considered necessary for the next fiscal year for payment of the interest on securities issued or to be issued by the city, for repayment or redemption of such securities and for their sinking funds and any other charge related to the city’s debt, with the exception, however, of the amounts required in principal, interest and accessories in relation to the issue of treasury bills, loans made in anticipation of revenue and renewable loans falling due during the fiscal year covered by the budget. The treasurer shall also determine in such certificate the appropriations necessary, during the following fiscal year, to assume the obligations contracted by the city during previous fiscal years. The treasurer may amend the certificate until 31 December preceding the fiscal year to which it applies if the appropriations referred to therein have not been adopted by the council. The treasurer shall file the certificate and any amendments thereto with the office of the clerk. The clerk shall notify the council at the first meeting held after the filing.

The treasurer shall also include in the certificate referred to in the first paragraph the appropriations needed, during the next fiscal year, to assume the obligations of the city arising from collective agreements or from its by-laws, or arising under legislative or regulatory provisions adopted by the Gouvernement du Québec, the Government of Canada or any of their ministers or agencies.

The amounts shown in the certificate shall be included in the city’s budget for the fiscal year covered by the budget.

94. The budget shall also appropriate an amount of at least 1% of the city’s expenses to cover expenditures not provided for in the budget, claim settlements and the payment entailed by court sentences.

95. (Repealed).

96. The presumption of adoption and the coming into force of the budget provided for in section 148.1 of this Act do not apply to the appropriations provided for in the treasurer’s certificate referred to in section 93, where those appropriations are deemed to have been adopted on 1 January and to have come into force on that date.

97. After 1 January, the adoption, of the budget or any of its appropriations is retroactive to that date. The same rule applies to the by-laws and resolutions arising therefrom.

§11.— Taxes and permits

I.—General

98. Taxes and any account or amount owing to the city shall bear interest from the day they become owing without its being necessary to make a special request therefor. The city shall, as often as it deems it expedient, fix the rate of interest that applies. The tax account shall specify clearly the rate of interest in force at the time of its sending.

That rate shall also apply to all debts outstanding before that fiscal year until another rate is fixed under the first paragraph.

Subject to the Act respecting municipal taxation (chapter F-2.1), the Cities and Towns Act (chapter C-19) and this Schedule and to any by-law, order, contract or agreement that may fix another date for the payment of the amounts owing to the city, all amounts owing to the city are payable 30 days after sending the account of the city.

99. Notwithstanding section 32 of the Act respecting municipal taxation (chapter F-2.1), a building shall be entered on the roll when three years have elapsed from the beginning of the work if the amounts spent or committed in the first two years represent at least $50 000 000.

However, if such a building is substantially completed or occupied before three years have elapsed, the building shall be entered on the roll.

100. The city may accept the transfer of immovables on which taxes are owing, in payment of such taxes.

101. To compensate for the cost of water service and the other services identified by by-law, the city may, by by-law, levy a water-rate and service tax or any of those taxes separately and determine the method of payment, when the tax is payable and the manner in which it may be levied or collected. The by-law must specify the portion of the receipts of that tax to be allotted to each of the services it finances.

Where the city levies a tax provided for in the first paragraph, the by-law may vary the rate thereof according to the various classes of occupation based on any or on a combination of the following criteria :

(1) a fixed rate ;

(2) a rate established according to consumption ;

(3) a rate based on the rental value.

The city may exempt occupants of residential immovables from the water-rate and service tax and, according to the classes it determines, persons exempt from the business tax.

The lessee of a dwelling in respect of which the tax has been incorporated into the rent for any fiscal year during which the exemption applies is entitled, on application to the lessor within 12 months after the coming into force of the by-law imposing the water-rate and service tax for that fiscal year, to an adjustment in rent for that fiscal year.

The Régie du logement has jurisdiction, to the exclusion of any court, to hear an application for adjustment in the rent of a dwelling referred to in the fourth paragraph. Sections 56 to 90 of the Act respecting the Régie du logement (chapter R-8.1), adapted as required, apply to the application.

In addition to the powers provided for in the first, second and third paragraphs, the city may, by by-law, levy the water-rate and service tax on the units of assessment subject to the surtax on non-residential immovables provided for in section 244.11 of the Act respecting municipal taxation (chapter F-2.1) or, as the case may be, on the units of assessment subject to the tax on residential immovables provided for in section 244.23 of that Act or on the units of assessment that are constituted of one or more non-residential immovables and that are subject to various general property tax rates provided for in section 244.29 of that Act.

Sections 244.12, 244.13, 244.15 to 244.22, 244.24 to 244.28 and 244.30 to 244.64 of that Act apply, as the case may be and adapted as required, with respect to the water-rate and service tax thus levied.

In addition to being a prior claim within the meaning of paragraph 5 of article 2651 of the Civil Code, the tax is secured by a legal hypothec on the immovable.

A water-rate and service tax levied under the sixth paragraph does not apply to outdoor parking lots subject to the surtax on vacant land or to the land which forms the road bed of the railway of a railway company, within the meaning of section 47 of the Act respecting municipal taxation.

102. Section 151.3 of this Act applies, adapted as required, to the water-rate and service tax levied under section 101.

II.—Collection roll and collection of taxes

103. The treasurer may enter on the property tax collection roll the franchises, rights and privileges for occupation or use of the public domain that are established during a fiscal year, taking into account the unexpired portion of the fiscal year.

The treasurer may cancel the rent fixed for any such privilege, or reduce it in proportion to the period expired, when it comes to an end during a fiscal year ; such cancellation or reduction shall be effective from the day when, as ascertained by him, such privilege ceased to exist.

104. The treasurer may make credit entries of payments in the margin of the property tax collection roll and the collection roll for personal and business taxes and water-rates, and enter all necessary figures to establish the unpaid balance outstanding at the end of the fiscal year. The treasurer may also correct calculation and clerical errors in the collection roll and make the entries required therein.

Where the treasurer has corrected a roll for the purposes provided for in the first paragraph, the treasurer shall inform the ratepayers affected by means of a notice sent by registered or certified mail.

III.— Seizure and sale of movables for non-payment of taxes

105. The personal taxes levied for a fiscal year shall constitute, until the expiry of a period of six months following the end of the fiscal year, a prior claim of the same nature and with the same rank as the claims referred to in paragraph 5 of article 2651 of the Civil Code on movable property, goods and effects found in the business establishment of any ratepayer liable for the payment of such taxes, as long as they remain in the premises assessed, even if they change owners under a mutually agreed transfer. The city may, until the expiry of that period, register a legal hypothec on the movable property, goods and effects. The business establishment of the ratepayer bound to pay such taxes is that specified in the roll.

106. The prior claim and the legal hypothec granted to the city by the law for all personal taxes owing to it and for interest thereon and collection costs shall extend to all movable goods, property and effects that may be found upon the premises occupied by the debtor on the day of the seizure referred to in section 107 and shall also extend to any other movable goods and effects that may belong to the debtor, wherever they may be at the time of their seizure.

107. When a ratepayer fails to pay taxes that are owing, the treasurer, after issuing or sending a default notice by registered or certified mail, may, as of the sixteenth day following the date the notice was sent, recover the amount with interest and costs by means of a writ obtained from the municipal court, authorizing the seizure and sale of the movable goods and effects subject to the prior claim securing such taxes, with the exception of property declared unseizable by the Code of Civil Procedure (chapter C-25).

108. Before proceeding with the sale of the movable property, the bailiff charged with such writ shall give public notice thereof. The bailiff shall specify in such notice the name of the debtor in default, the amount owing and the day and place of the sale, and shall post it in a conspicuous place at the entrance of the city hall.

109. At least eight days before the sale, the bailiff shall serve a copy of such notice on the debtor at his or her domicile, if known, and failing such domicile, at the debtor’s ordinary residence, business office or commercial establishment.

Upon a return attesting that the debtor has no known domicile, business office, commercial establishment or ordinary residence, a judge of the municipal court shall prescribe the mode of service of such notice.

IV.—Suits for recovery of taxes

110. Notwithstanding any inconsistent legislative provision of any general law or special act, the treasurer may take before the court of primary jurisdiction, without any authorization, all proceedings the treasurer may deem expedient to collect the taxes and dues owed to the city.

For that purpose, the treasurer may sign any procedural document required and act before the municipal court on behalf of the city, except where the proceedings are contested.

V.—Sale of immovables for non-payment of taxes

111. Before 1 September each year, the treasurer shall prepare a notice addressed to the last owner entered on the collection roll of each immovable on which property taxes that were owing in a previous fiscal year remain unpaid.

Subject to the second paragraph of section 515 of the Cities and Towns Act (chapter C-19), such notice shall contain

(a) the name of the owner on the collection roll on the date when such notice is made out ;

(b) the designation of the immovable as it appears on the said roll ;

(c) the total amount of taxes owing without it being necessary to specify whether it refers to general or special municipal or school taxes, apportionments for sewers, pavings, sidewalks or expropriations or costs of notices and service ;

(d) a demand for payment of the taxes plus the costs of the notice and its service, within ten days of the date of service or mailing of the notice, stating that if not paid within the period prescribed, the immovable will be sold by authority of justice.

112. Once the time limit stipulated in the notice prescribed in section 111 expires, the treasurer shall draw up, certify and send to the clerk a statement containing a summary description of all immovables to be sold for taxes.

The statement need only designate the immovables by their cadastral or subdivision numbers, adding thereto the letter P for parts of lots. The name of the street where each immovable is situated and the civic number of any buildings must be specified ; the first and last numbers, joined by a dash, is sufficient where there are several. The number of the tax account relating to each immovable must also be specified.

The clerk shall, without the formality of minutes of seizure, proceed with the sale of all immovables described in the statement in the manner prescribed in section 113 of this Schedule and in sections 517 to 535 of the Cities and Towns Act (chapter C-19).

113. The clerk shall give public notice, specifying

(1) the day, time and place of the sale ;

(2) the immovables to be sold ;

(3) the name of the owner of each of the immovables, as entered on the property assessment roll ;

(4) the tax account number relating to each of the immovables ;

(5) the amount of tax owing on each of the immovables, to which interest, penalties and costs shall be added at the time of the sale or of the settlement of the debt, where applicable.

The executive committee shall determine a tariff of costs applicable to sales. The tariff may provide for a uniform rate for all immovables, rates that vary according to categories of immovables determined by by-law, rates that are fixed or variable according to categories of immovables determined by by-law, or any combination thereof. However, the rate established by the tariff may not, for any one immovable, exceed 5% of the capital amount of the unpaid debt. The costs have the same order of preference as municipal taxes.

The notice need only identify each immovable, specifying, for an immovable upon which a building is built, the tax account number relating to the immovable, the name of the street where it is situated and the civic number or numbers of the building or buildings, giving the first and last number joined by a dash where there are several. Where no building is constructed thereon, the immovable shall be designated by its first cadastral number and first subdivision number as they appear in the statement provided by section 112, followed by the abbreviation “etc.” where there are more than one ; the tax account number relating to the immovable must also be stated.

Furthermore, when an immovable is in the name of more than one owner, it shall be sufficient to name one of the owners in the notice and add “et al.”. Such notice shall refer to the statement prepared by the treasurer under section 112.

At least one month before the date set for the sale, the clerk shall have the notice published in a newspaper distributed in the city.

For the purposes of this Division, the description of an immovable that is a unit of assessment entered on the assessment roll separately from the land on which it is situated consists of the description of that land and a summary description of the immovable referred to, along with, if possible, the name of its owner, its civic address and any other information that may help to identify it.

VI.—Purchase by the municipality of immovables sold for taxes

114. Where the city purchases an immovable under section 536 of the Cities and Towns Act (chapter C-19), it shall have the immovable entered in the city’s name on the assessment and collection rolls for property, general and special taxes, and on the apportionment rolls for local improvement taxes, and shall tax it like any other immovable subject to taxation ; nevertheless, the city shall not be subject to pay school taxes.

If such immovable is redeemed, the repurchase price shall include, in addition to the amounts referred to in the second paragraph of section 537 of the Cities and Towns Act (chapter C-19), the general or special property taxes owing and the instalments of local improvement taxes encumbering such immovable owing since the sale, the excess over revenue of the expenses incurred by the city to ensure the preservation of the immovable, as well as all taxes not paid out of the proceeds of the sale. After redemption, the local improvement tax instalments not yet owing shall continue to encumber the immovable and the owner shall be personally responsible therefor. The provisions of section 532 of the Cities and Towns Act shall also apply to the redemption of such immovable.

After the expiry of the period for repurchase, the school tax and any other municipal tax levied during such period shall be struck from the collection roll if there has been no repurchase.

§12.—Loans

115. Subdivision 30 of Division XI of the Cities and Towns Act (chapter C-19) does not apply to the city, except sections 543 to 544.1, section 547.1, the third paragraph of section 549, section 568 and, subject to section 148 of this Act, sections 556 to 563.1.

116. The term of a loan made by the city may not exceed 40 years. The loan shall be made in accordance with section 121.

117. The city may

(1) borrow, for a term not exceeding four years, the amounts required to defray the cost of the expenses involved in holding a general election ;

(2) defray the cost out of the general fund and defer part of those expenses by charging it to the budgetary appropriations for the three fiscal years following the year of the election.

118. The city may, with the authorization of the Minister of Municipal Affairs and Greater Montréal, increase the amount of any loan to be made or renewed by the estimated cost of the discount on the bonds and the expenses incidental to their issue.

119. (Repealed).

120. The executive committee may, by resolution, order temporary loans for the payment of current administration expenses and contract them on the conditions and for the term it determines.

The executive committee may also make loans for the payment of the expenses incurred under a loan by-law.

121. Where a loan has been ordered by by-law, the executive committee may make it by issuing securities or by contract, up to the total amount of principal referred to in the by-law.

The executive committee shall determine

(1) the rate of interest on the loan or securities, or the manner of fixing such rate ;

(2) the time the loan is made ;

(3) the contents of the securities or of the contracts ; and

(4) the conditions of issue of the securities.

The executive committee may also conclude contracts for the exchange of rates of interest or of currencies related to current loans or loans to be made, as well as term or option contracts involving the rates of interest or currencies for the purposes of repayment of the principal or payment of the interest on its loans.

The executive committee may make the loan for a term shorter than that authorized by by-law and determine the part of the loan that shall be renewable at maturity and the maximum term of the renewal.

Any loan for the purpose of such renewal may be made within the 12 months preceding the date of maturity of the loan to be renewed, provided that the term prescribed by the executive committee for the renewal does not exceed the maximum term determined pursuant to this section.

The executive committee may designate a place outside Québec where a register shall be kept for the registration of securities and designate a person authorized to keep the register.

It may repay in advance a loan that may be so repaid.

122. The Act respecting municipal debts and loans (chapter D-7) does not apply to the city, except sections 7 and 8 and Divisions V, VI, VIII to X and XII. The treasurer or any other officer designated for that purpose by the executive committee shall fulfil the obligations referred to in section 24 of that Act.

The Minister of Municipal Affairs and Greater Montréal may cause the certificate referred to in section 12 of that Act to be affixed to a security issued by the city under a by-law in force. The validity of a security bearing such certificate is not contestable.

Notwithstanding any inconsistent provision, the certificate referred to in section 12 of the Act respecting municipal debts and loans does not apply to a security issued to constitute the working fund of the city or issued to effect a temporary loan.

Division IX of that Act does not apply to a security that is not subject to registration according to the conditions of its issue.

A loan obtained by the city or a security issued by it may be repaid or repurchased in advance, as it sees fit, according to the terms of the contract or security. The date of advance repayment or repurchase may be other than a date of payment of interest if the prior notice stipulated in the contract or security is given.

123. Where a by-law authorizes the city to borrow a given amount either in the legal tender of Canada or in the currency of one or more other countries, the total amount of the loan thus authorized shall be that expressed in the legal tender of Canada.

The amount in Canadian dollars of a loan made in another currency is calculated by multiplying the amount of the principal of the loan by the value of the unit of the other currency in relation to the Canadian dollar.

For the purposes of the calculation referred to in the second paragraph, the value of the unit of the other currency in relation to the Canadian dollar is as it stands

(1) at the time of the conversion into Canadian dollars of all or part of the proceeds of the loan paid to the city ; or,

(2) at noon on the day on which all or part of the proceeds of the loan are paid to the city, if it is not converted into Canadian dollars.

Where all or part of the proceeds of a loan are used to renew a loan already made by the city, for all or part of its unexpired term, the amount used for the renewal is not deducted from the balance of the amount of the loan authorized by by-law, whatever the value of the currency in which the loan is made.

124. Notwithstanding any inconsistent legislative provision, the securities of the city may be issued in the following forms or a combination thereof :

(1) fully registered securities ;

(2) securities that may be registered only for the principal ; or

(3) securities payable to the bearer.

The executive committee may prescribe the mode of transfer or negotiation of the city’s securities and the formalities to be fulfilled for that purpose. Notwithstanding the foregoing, a bearer security is negotiable by mere delivery and is not subject to registration unless otherwise stipulated.

125. Where the city makes a loan in another country, it may elect domicile in that country or elsewhere, for the purposes of receiving a notice or proceeding respecting that loan.

In the same circumstances, the city may order that the securities issued by it or the contracts concluded by it in another country for the purposes of the loan be governed by the law of that country, provided that the provisions of this subdivision are complied with.

126. The bonds, notes and other securities of the city shall be signed by the mayor and the treasurer or, instead of the latter, by the person designated for such purpose by the executive committee.

127. A facsimile of the signature of the mayor and the treasurer may be engraved, lithographed or printed on the bonds and shall have the same effect as the signature itself.

128. The loans made by the city shall be secured by its general fund.

The commitments arising from those loans constitute direct and general obligations of the city and rank concurrently and pari passu with all other general obligations of the city.

129. The city may create a general sinking fund for the purposes of total or partial repurchase of the evidences of indebtedness issued by it.

130. Where the city purchases its own evidences of indebtedness bearing interest coupons to invest them in its sinking fund, it may cancel those securities and replace them by the issue of a single security, without coupons, registered in the name of the treasurer in trust for the purposes of the sinking fund.

131. If at any time the treasurer finds that the moneys in hand for the payment of the interest or principal of any loan for which the city is liable will not be sufficient to pay the interest or principal at maturity, the treasurer shall calculate the property tax required to meet the deficit, on the basis of the value of the taxable immovables according to the assessment roll then in effect ; in such calculation, the treasurer shall take into account a fair allowance for possible expenses and losses in the collection of that tax.

The treasurer shall then issue under his or her signature a certificate imposing that tax and deliver it to the clerk for the information of the council.

That certificate shall have the same effect as a city by-law imposing that tax.

That tax shall be levied and collected immediately, in addition to any other tax legally levied by the city.

132. The Décret concernant une exemption accordée à la Communauté urbaine de Montréal de l’obligation d’obtenir certaines autorisations relativement à certains instruments et contrats de nature financière (Décret 166-94 dated 26 January 1994) applies, adapted as required, to the city.

§13.—Working fund

133. The city may, by by-law subject to the approval of the Minister of Municipal Affairs and Greater Montréal, constitute a working fund the purpose, constitution and administration of which must comply with the following rules :

(1) To constitute that working fund, the executive committee may authorize the treasurer to borrow the amounts that it deems necessary through the issue and sale of treasury bills, notes or other securities, provided the current nominal value of such treasury bills, notes or other securities does not at any time exceed 10% of the appropriations provided for in its budget.

(2) The treasury bills, notes or other securities may bear no nominal rate of interest, shall be payable to the bearer or to the holder registered according to their conditions, and shall mature no more than 365 days after the date of their issue. They may bear the mention that they are redeemable in advance, without any other formalities or conditions than those stipulated in them, and must specify that they are issued for the purposes of the working fund of the city.

(3) The sale of the treasury bills, notes or other securities shall be carried out by agreement or by tender. Sale by agreement shall be made on behalf of the city by the treasurer who must, every three months, report on the sales thus carried out to the executive committee.

For sale by tender, the tenders shall not be subject to sections 573 and 573.1 of the Cities and Towns Act (chapter C-19), but they shall be addressed to the treasurer. The treasurer, on behalf of the city, shall make the sale to the tenderer who submitted the tender which the treasurer deems to be the most advantageous to the city. The treasurer shall not be bound to accept any tender.

(4) A loan may be granted from the working fund

(a) for a purpose for which the city is authorized to borrow temporarily ;

(b) for the purposes of capital expenditures ;

(c) in anticipation of the collection of revenue of the city or of an amount owing to it ; or

(d) for the purchase of pending securities of the city that are likely to meet the requirements of a sinking fund.

The term of the loan may not exceed five years.

However, for loans granted pending the payment of advances on loans to be granted by the Canada Mortgage and Housing Corporation, the loans granted out of such fund may be for a term of more than five years and apply until any such loan is granted to the city by the Canada Mortgage and Housing Corporation.

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

(6) The executive committee may authorize the treasurer to invest in such fund, for periods not to exceed 90 days, the available balance of the general fund or the temporarily unused balance of the proceeds from long-term loans.

(7) At the end of a fiscal year, any operating surplus in the working fund shall be transferred to the general fund, and any deficit shall be made good out of that fund.

§14.—Financial reserves

134. A by-law creating a financial reserve need not be subject to the approval of qualified voters where the reserve is created for the benefit of the entire territory of the city.

§15.—Acquisition and expropriation of immovable rights

135. The city, for the purposes of its waterworks, may take possession of any land that is vacant or has been built upon whenever it shall consider it advisable, even before having acquired it, by giving the owner eight days’ prior notice in writing ; it shall proceed with all possible diligence to acquire such land, however. If it does not commence the expropriation within 60 days following the expiry of the eight-day period stipulated in the notice, it may be compelled thereto by court order.

In all cases, it shall pay the owner interest on the expropriation indemnity from the date of taking possession.

136. The city may acquire an immovable to improve the area around streets or public places. The previous approval of the Minister of Municipal Affairs and Greater Montréal shall be required to exercise such power within a radius of more than 38 metres.

137. The city may accept the gratuitous transfer of any land required for the opening or widening of a street or lane and agree with the owner that, if an expropriation tax is levied later for such improvement, an allowance equal to the value of the land transferred at the time of the expropriation will be granted to him or her against his or her aliquot share of the said tax, subject to his or her obligation to pay any excess.

The amount so credited shall be payable by the other owners who have not transferred their land gratuitously. The value of the land so transferred shall be determined at the time of the expropriation in accordance with the Expropriation Act (chapter E-24).

137.1. The city may acquire by agreement any immovable outside its territory that is required for the purpose of establishing a nursery.

138. The city may acquire any immovable by agreement or expropriation for the purposes of transferring it by means of exchange, sale or lease with a view to the implementation of a plan for the expansion of the Port de Montréal.

139. The city may,

(1) acquire by agreement or expropriation any immovable for industrial purposes ;

(2) sell, lease or otherwise alienate for industrial or commercial purposes any immovable acquired under subparagraph 1 ;

(3) on proof that an immovable acquired under one of its powers, including an immovable acquired under section 144, be more adequately used for industrial purposes, sell, lease or otherwise alienate it for industrial purposes, on the conditions it determines ; and

(4) on proof that an immovable acquired under subparagraph 1 cannot be adequately used for industrial or commercial purposes, use it or dispose of it for other purposes.

If the city takes back an immovable that has been sold, leased or otherwise alienated under subparagraphs 2 and 3 of the first paragraph to protect its claim or to exercise certain rights provided for in the contract, the city may then dispose thereof with the same authorization and for the same purposes provided for in this section.

The city is not subject to the Act respecting municipal industrial immovables (chapter I-0.1).

The land acquired by the city under the Industrial Funds Act (chapter F-4) is deemed to have been acquired under subparagraph 1 of the first paragraph and any money from a sale or rental under the said Act is paid into the general fund of the city.

For the purposes of subparagraph 1 of the first paragraph, the authorization of the Minister of Municipal Affairs and Greater Montréal is required.

140. The city may, by resolution of its executive committee, provided it alone assumes the cost, acquire by agreement or expropriation, with or without prior possession, all servitudes which it shall deem appropriate

(1) to permit their use or to transfer them, on the conditions it determines, to public utility companies, for the laying or installation of conduits, poles, wiring and other accessories necessary for their operations ;

(2) for the installation of permanent land and surveying benchmarks, temporary observation towers for the establishment of the said benchmarks or of the poles, anchorages, wiring, traffic lights, lamp-posts, traffic or parking signals, parking meters, fire-alarm boxes, telephones for the use of the police, hydrants, and generally all accessories required for the above-mentioned installations.

The servitudes referred to in this section may be established without a description of the dominant land.

141. No indemnity or damages shall be granted for buildings constructed or improvements made on an immovable after the city adopts the resolution ordering expropriation, provided that such resolution is followed by proceedings in expropriation within the ensuing 12 months.

Notwithstanding the first paragraph, the expropriated party shall be entitled to an indemnity for repairs made by him or her under a permit issued by the city.

142. The executive committee may order the imposition of a reserve for public purposes. Once the order is made, the executive committee shall submit it to the city council for approval at the first sitting that follows the sixtieth day after it is made.

143. Notwithstanding any provision inconsistent with the Expropriation Act (chapter E-24) or any other act, the city may dig a tunnel at a depth of not less than 15 metres under any land for its water conduits, its sewer conduits or for any other municipal purpose. As soon as work begins, the city becomes, without formality or indemnity, but subject to recourse in damages, the owner of the space occupied by the tunnel and of the two metres beyond the interior concrete wall of the tunnel.

As soon as work begins, the city shall notify the owner of the land of the work being done and of the provisions of this section. In the year following the completion of work, the city shall file in its archives a copy of a plan certified by the head of the department involved, showing the horizontal projection of that tunnel. It shall register that plan by filing two copies with the registry office of the registration division of the immovable affected and the registrar shall mention each lot or part of a lot affected in the land register.

144. Notwithstanding any inconsistent provision, the city may acquire by agreement or expropriation any immovable whose acquisition is deemed appropriate for land reserve or housing purposes and for the work related to such purposes, and any immovable considered obsolete or harmful for occupation.

The city may hold, lease and administer immovables acquired under the first paragraph. It may develop those immovables and install the necessary public services therein ; it may also demolish or restore the buildings and other structures and build or construct thereon new buildings for housing, leisure activities, recreation and other related purposes.

The city may exercise the powers provided for in the second paragraph on the immovables it already owns.

It may alienate those immovables on the conditions it determines in accordance with section 28 of the Cities and Towns Act (chapter C-19). It may also alienate, gratuitously or on the conditions it determines, such an immovable in favour of the Government, any of its ministers or agencies, or any person or agency referred to in the third paragraph of section 29.4 of the Cities and Towns Act.

The city may borrow the necessary amounts and request the subsidies provided for by law for the purpose of exercising such powers and for the purposes of making a loan to the legal person formed under this section.

145. Any person responsible for administering the property of others, in particular a tutor, administrator, trustee or public curator, who is seized or possessed of an immovable subject to expropriation, or holds an interest therein in any of those capacities, may enter into agreements with the city to sell and transfer such immovable to it or grant it rights in or servitudes upon such immovable on behalf of any person whom he or she represents or whose property he or she administers, including, but without restricting the scope of the foregoing, minors, children not yet born and persons of full age under protective supervision.

Legal persons may also enter into such agreements respecting their own immovables and respecting those which they hold in any of the capacities referred to in the preceding paragraph.

146. Every person entering into an agreement under section 145 shall be exempt from any recourse by reason of such agreement, saving the obligation to account for the consideration or price received from the city in consequence of such agreement to the person he or she represents.

147. Every person who may sell and transport any immovable to the city under section 145 shall also have the power to transfer to the city gratuitously, conditionally or unconditionally such portion thereof as the person may deem fit, for any municipal purpose.

148. In the cases of section 145, the price shall not be paid to the vendor until after the court or judge has authorized payment thereof. If such authorization is not obtained within three months from the execution of the transfer, the city may release itself from all further responsibility by paying the price into the hands of the clerk of the Superior Court for the benefit of whoever may be entitled thereto.

149. When the moneys are so paid into the hands of the clerk, the clerk shall, even during vacation or out of term, determine how the legal representatives and creditors of the party entitled to such moneys and any other interested person are to be called in, by following the prescriptions of the Code of Civil Procedure (chapter C-25) ; on a motion or in case of contestation, the Superior Court or one of its judges shall issue such orders as may be deemed advisable and just for the delivery or the distribution of the moneys, or for the disposal of any other matter in connection with the claims or demands of the interested persons.

The formalities provided for in the first paragraph shall not be required where the amount deposited does not exceed $500, and the clerk shall deliver it immediately to the expropriated party.

Where the moneys deposited are paid to the expropriated party, they shall not be subject to any tax or commission of any kind, notwithstanding any other inconsistent legislative provision.

150. Where part of an immovable is subject to an expropriation and the indemnity paid by the city does not exceed $5 000, the hypothecs and other charges encumbering that part of the immovable shall be cleared upon registration of the title of the city in the land register and the registrar shall cancel them.

This section applies where a servitude is acquired.

151. The deposits referred to in section 149 shall be judicial deposits within the meaning of the Deposit Act (chapter D-5).

§16.—Land use planning and development

152. A special planning program applicable to part of the territory of the city may include a program of acquisition of immovables in view of alienating or leasing them for purposes provided for in the special planning program.

Sections 28.1 and 28.2 of the Cities and Towns Act (chapter C-19) apply to such program of acquisition of immovables, adapted as required.

153. The city may, by by-law, govern or prohibit graffiti, drawings, paintings, engravings or photographs on trees, walls, fences, poles, sidewalks, pavements or any other similar structure and, in case of infringement, order their removal and restoration of the site within a prescribed time limit.

154. The city may, by by-law,

(1) govern or prohibit the parking of any vehicle on any land without the authorization of the owner or the occupant of the land ;

(2) determine the conditions and methods of towing and impounding, by the city or any person, of the vehicles, at the expense of their owners ; and

(3) determine a maximum amount for these costs.

155. The city may, by by-law, vary the standards prescribed in the exercise of the powers provided for in section 113 of the Act respecting land use planning and development (chapter A-19.1), according to the microclimatic effects of a structure, such as sunshine and wind factors, according to the clearing of visual corridors and to the uses and occupancy and the structures on contiguous lands, and according to any other criterion of integration and insertion into a built environment.

156. The city may, by by-law, prescribe, for all or part of its territory and according to the classes it determines, the maximum number of restaurants and establishments selling alcoholic beverages for consumption on the premises and the distance between such establishments or between such an establishment and an immovable, or part of an immovable, occupied for housing or public purposes or any class thereof.

157. The city may, by by-law,

(1) govern or prohibit, by portion of territory, the construction, installation, alteration and maintenance of all existing or future signs and billboards, and require for their maintenance or installation a permit of which it shall determine the cost ;

(2) prescribe, by portion of territory, the minimum distance between billboards, which distance may not exceed 90 metres ; and

(3) prevent any construction, installation, alteration or repairs that are non-compliant, have them stopped and even provide for the demolition or removal of the billboard or sign.

158. The city may, by by-law, adopt beautification programs and, with the consent of the owner, make improvements on private property. The cost of such improvements may be assumed in full by the city or charged to the owner, according to the terms and conditions fixed for the program by the executive committee.

159. The city may apportion, among the owners who benefit therefrom, the cost of beautification projects carried out in respect of a street, lane or public place pursuant to an agreement between itself and one-half or more of the owners of the immovables that benefit from the improvements, provided that the immovables belonging to the owners who are parties to the agreement represent, according to the property assessment roll, three-quarters or more of the value of all the immovables referred to.

The cost of the beautification shall be apportioned, in the form of local improvement taxes, proportionately to the value of each immovable according to the assessment roll or in the proportion determined in the agreement.

160. The city may, by by-law, prohibit the manufacture and storage of nuclear weapons within the meaning of section 6 and prohibit the manufacture of specific nuclear weapon components.

161. The city may, by by-law, govern or prohibit bathing, swimming, the use of public beaches and the renting of boats in the waters within the limits of the city for safety, health and policing reasons.

162. The city may, by by-law,

(1) specify the requirements respecting fences and hedges, namely :

(a) their distance from public roads ;

(b) their maximum and minimum height ;

(c) the places where they may or must be located ;

(d) the material they are made of ;

(e) the manner in which they must be made ; and

(f) their maintenance according to preservation and architecture requirements ;

(2) provide for the bringing into compliance of fences and hedges, for their removal and, if necessary, the restoration of the sites, and for the installation of fences or hedges, within a prescribed time limit ; and

(3) provide, in case of failure to comply with any public safety requirement of the by-law, whether the offender refuses or fails to comply or cannot be found, for such fences or hedges to be corrected, removed or installed by the city at the expense of the offender ; the expense constitutes a prior claim on the immovable concerned, of the same nature and with the same rank as the claims referred to in paragraph 5 of article 2651 of the Civil Code ; the expense is secured by a legal hypothec on the immovable.

163. A borough council shall, in respect of the part of the territory of the former Ville de Montréal situated within its territorial boundaries, pass, before 31 March 2002, a zoning by-law that renews the provisions of the Urban Planning By-law of the former Ville de Montréal (R.B.C.M., chapter U-1).

The second sentence of the second paragraph and the third and fourth paragraphs of section 126, the second paragraph of section 127, sections 128 to 133, the second and third paragraphs of section 134 and sections 135 to 137 of the Act respecting land use planning and development (chapter A-19.1) do not apply to a by-law passed by a borough council under the first paragraph.

A by-law passed under the first paragraph is deemed to comply with the land use planning and development plan of the city notwithstanding the absence of a certificate of compliance.

164. Until a borough council passes the by-law provided for in section 163, the Urban Planning By-law of the former Ville de Montréal (R.B.C.M., chapter U-1) applies, with respect to the part of the territory of the former Ville de Montréal situated within the territorial boundaries of the borough, adapted as follows :

(1) for the purposes of section 113 and of Division V of Chapter III of the Act respecting land use planning and development (chapter A-19.1), each zone is the territorial unit resulting from the spatial overlapping of all the plans attached to the Urban Planning By-law of the former Ville de Montréal ;

(2) a provision of that By-law related to the approval, prior to the issue of a building permit or an alteration permit, of plans related to the development, architecture and design of constructions or to the development of land and work related thereto shall be, with respect to any permit that must be issued as of 1 January 2002, deemed to constitute a provision subjecting the issue of a building permit for the project covered by the By-law to the approval of plans related to the site planning and the architecture of constructions or the development of the land, and work related thereto, within the meaning of sections 145.16 to 145.20.1 of the Act respecting land use planning and development (chapter A-19.1).

165. Sections 163 and 164 do not apply if the former Ville de Montréal passed, before 31 December 2001, a by-law referred to in the first paragraph of section 163.

166. Where a notice of motion has been given with a view to passing or amending a by-law referred to in section 89 of this Act, no building plan may be approved nor may any permit or certificate be granted for the carrying out of work or use of an immovable that, if the by-law that is the subject of the notice of motion is adopted, will be prohibited in the zone concerned.

167. The second sentence of the second paragraph and the third and fourth paragraphs of section 126, the second paragraph of section 127, sections 128 to 133, the second and third paragraphs of section 134 and sections 135 to 137 of the Act respecting land use planning and development (chapter A-19.1) do not apply to a by-law passed by a borough council in order to replace its zoning or subdivision by-laws by a new zoning by-law or a new subdivision by-law that applies to the whole territory of the borough, provided that such a by-law comes into force within three years of 14 November 2001.

Such a by-law must be approved, in accordance with the Act respecting elections and referendums in municipalities (chapter E-2.2), by the qualified voters of the whole territory of the borough.

The borough council may avail itself of this section only once for each by-law.

Until a new zoning by-law is passed under this section, in a borough comprising part of the territory of the former Ville de Montréal, other than the Mont-Royal Borough, every zone or, where applicable, every sector of a zone whose perimeter is situated, in whole or in part, less than 200 metres from the limits of the zone covered by the proposed by-law is deemed to be a zone or a contiguous sector for the purposes of section 113 and Division V of Chapter III of the Act respecting land use planning and development (chapter A-19.1). This paragraph will cease to have effect three years after 14 November 2001.

168. Notwithstanding section 200 of this Act, the authorizations granted under item b .1 of subparagraph 2 of the first paragraph of article 524 and article 649a of the Charter of the City of Montréal (1959-1960, chapter 102) and the by-laws passed under item d of subparagraph 2 of the first paragraph of article 524 and article 612a of that Charter shall remain valid and continue to have effect in accordance with those authorizations or by-laws.

For the purposes of a by-law passed under article 612a of that Charter, a provision of that by-law related to approval, prior to the issue of a building permit or an alteration permit, of plans related to the development of land and work related thereto shall be, with respect to any permit that must be issued, deemed to constitute a provision subjecting the issue of those permits to the approval of plans related to the site planning and the architecture of constructions within the meaning of sections 145.16 to 145.20.1 of the Act respecting land use planning and development (chapter A-19.1).

169. The borough council shall exercise the powers of the city, provided for in sections 412.1 to 412.6 of the Cities and Towns Act (chapter C-19), on the demolition of immovables. In addition, it shall exercise the powers of the city provided for in sections 64, 65, 72, 77, 155 to 157 and 162 of this Schedule.

However, the functions assigned by the Cities and Towns Act to the committee established under section 412.23 of that Act shall be exercised by the advisory planning committee established under section 132 of this Charter. The sittings of the committee held for such purpose are public ; the committee may also hold a public hearing if it considers it advisable.

170. The borough council may, by resolution, decide to continue the procedure for the passage of a proposed by-law to amend an urban planning by-law that comes under its jurisdiction if the proposed by-law was passed before 31 December 2001 and is not in force on that date.

171. All kinds of constructions shall be prohibited on the south side of Boulevard Saint-Joseph, bordering Lac Saint-Louis, between 34e Avenue and the western boundaries of the former Ville de Lachine.

172. Section 2 of chapter 125 of the Statutes of Québec of 1933 respecting the erection, maintenance and use of signboards continues to apply, with respect to the territory of the former Ville de Lachine, until 31 December 2003.

173. Section 1 of chapter 90 of the Statutes of Québec of 1920 respecting construction on part of Rue Sherbrooke Ouest continues to apply, with respect to the territory of the former Ville de Westmount, until 31 December 2003.

174. Section 2 of chapter 56 of the Statutes of Québec of 1958-1959 respecting the erection and operation of gasoline stations continues to apply, with respect to the territory of the former Ville de Lachine, until 31 December 2003.

175. Section 2 of chapter 64 of the Statutes of Québec of 1959 with respect to subparagraph d of paragraph 1 respecting the construction and operation of gasoline stations continues to apply, with respect to the territory of the former Ville de Dorval, until 31 December 2003.

176. Sections 3 and 4 of chapter 147 of the Statutes of Québec of 1935, paragraphs 1, 5 and 6 of section 2 of chapter 147 of the Statutes of Québec of 1935, as replaced by section 1 of chapter 96 of the Statutes of Québec of 1963, and Schedules A and B to the latter Statute, respecting certain prohibited constructions and building regulations, continue to apply, with respect to the former Village de Senneville, until 31 December 2003.

177. Section 19 of Order in Council 1276-99 dated 24 November 1999 respecting the amalgamation of the former Ville de Lachine and the former Ville de Saint-Pierre continues to apply, with respect to the territory of Lachine Borough.

§17.—Films

178. The city may authorize, for a limited time and on the conditions it determines in each case, the occupation of public or private land or the construction or occupation of a building contrary to a municipal by-law for the purpose of making a film.

§18.—Acquisition of lanes

179. Riparian owners who wish to acquire the right-of-way of a lane owned by the city are required to present a petition to that effect to the city.

The petition must be signed by not less than two-thirds of the riparian owners, representing not less than two-thirds of the frontage of the land bordering on the lane.

180. If the city decides to grant the petition, it may pass a by-law ordering the closing of the lane.

The by-law shall include, where necessary, a designation of the land which, within the right of way of the lane, will be encumbered with a servitude for public utility purposes, including the laying, installation and maintenance of conduits, poles, wiring and other accessories necessary for the operations of public utility companies. Such designation need not mention the dominant land.

A cadastral plan shall accompany the by-law, identifying for each riparian lot the part of the lane to be re-attached to it, and mentioning a separate lot number for each part of such lane. The servitude shall be marked on the plan by means of hatchings for public utility purposes.

181. Notice of the passage of the by-law shall be served on each riparian owner on the property assessment roll and be published in a daily newspaper distributed in the city.

182. Upon the coming into force of the by-law, the clerk shall require the registration thereof in the land register and the registrar shall mention the by-law on each riparian lot.

183. The registration in the land register entails the transfer of ownership of each re-attached lot to each riparian lot owner, in accordance with the cadastral plan, and creates the servitude for public utility purposes described in the by-law.

184. Within 30 days following the date of the service of the notice provided for in section 181, a riparian owner who has not signed the petition provided for in section 179 may claim an indemnity from the city. Failing agreement, the indemnity shall be determined by the Administrative Tribunal of Québec at the request of the owner or city and sections 58 to 68 apply, adapted as required.

185. The amounts paid by the city as indemnities may be charged to the riparian owners of the closed lane and apportioned among them in proportion to the number of metres of frontage of their respective immovables.

§19.—Exercise of certain powers by the borough councils

186. The city council may, in its internal management by-law, on the terms and conditions it determines, delegate the following powers to a borough council :

(1) the passage and application of a by-law relating to

(a) noise ;

(b) dogs and other house pets ;

(c) the distribution of advertising items ;

(d) nuisances ;

(e) public markets that it designates ;

(f) promotional activities on commercial roads ;

(g) traffic control and parking, in accordance with the standards related to the harmonization of the traffic control rules and parking provided for in the by-law passed under the third paragraph of section 105 of this Act ; and

(h) any other by-law related to the quality of the living environment ;

(2) the application of a by-law

(a) relating to the construction of buildings ;

(b) referred to in section 117.1 of the Act respecting land use planning and development (chapter A-19.1) ;

(c) relating to parks ;

(d) relating to occupation of the public domain ;

(e) relating to excavation ;

(f) relating to the minimum maintenance and housing standards for dwellings ;

(g) referred to in paragraph 2 of section 92 of this Act ; and

(h) determined by the council ;

(3) the operation of a snow removal site or an establishment referred to in paragraph 1 of section 92 or section 98 of this Act ;

(4) the maintenance of a park or a cultural or recreational facility under the authority of the city council ;

(5) the maintenance of the arterial road network, including the installation and maintenance of traffic signs and signals, waterworks and sewer systems or any other infrastructure or facility under the authority of the city council ; and

(6) any other power related to the implementation of a jurisdiction under the authority of the city council for which appropriations are provided in the annual allotment provided for in section 143 of this Act.

DIVISION III

PROVISIONS CONCERNING CERTAIN REGULATORY MATTERS

§1.—Public thoroughfares and places

187. Every deposit contemplated by subparagraph 14 of the fifth paragraph of section 415 of the Cities and Towns Act (chapter C-19) shall be made in cash or by bond from a guarantee or trust company authorized to do business in the province of Québec. In the event of accident to any underground installation necessitating immediate excavation, a time limit of 48 hours shall be granted to make the required deposit.

In the event of any dispute between the city and the person concerned, as to the extent or cost of the repairs rendered necessary by any excavation, the dispute shall be submitted to the Commission municipale du Québec and its decision shall be final.

The city shall nevertheless have the right to proceed with the repairs while the matter in dispute is before the Commission municipale du Québec.

188. The provisions of section 187 of this Schedule and of subparagraph 14 of the fifth paragraph of section 415 of the Cities and Towns Act (chapter C-19) shall not affect any contract prior to 14 March 1911.

189. Notwithstanding any inconsistent legislative provision, no person exercising franchises and having acquired rights shall carry out any work in the streets, lanes, thoroughfares or other public places of the city or install rails, wiring, poles or conduits without notifying the city, unless such work is carried out under the supervision of the competent department head in the manner and in the places indicated by him or her ; subject to the city’s right to require any person to remove such wiring, overhead cables, poles and transmission lines, as provided by section 206.

190. Where a cadastral operation project includes streets or lanes, the rights-of-way of those streets or lanes shall bear one or more separate numbers.

Such project shall not be approved if the space occupied by the streets or lanes is not free of hypothecs, privileges, charges or real rights.

Such streets or lanes become, without indemnity, public streets or lanes and are part of the public domain by the mere fact of the project’s approval. The provisions of this section take effect only after the registration of such project in the land register. The city notary shall advise the registrar of the above.

Where, as provided on the general plan of the city, the streets are more than 20 metres wide or the lanes more than 6 metres wide, the part of the streets or lanes in excess of such widths is not affected by the preceding provisions, but that excess shall appear on the cadastral operation project as separately numbered lots.

191. The competent department head shall see that streets, lanes, thoroughfares and public places acquired in whole or in part by the city or open for public use for five years or more are described and recorded in a register to be kept exclusively for that purpose. In the case of those streets, lanes, thoroughfares or places that are only partly public, the part in question shall be registered and described.

Upon that registration, those streets, lanes, thoroughfares and places are deemed to be public.

192. The city becomes the owner of the streets, lanes, thoroughfares and places deemed public under section 191, and of the lots or parts of lots shown on the official cadastral plan as streets or lanes, upon completing the following formalities :

(1) the adoption of a resolution approving the description of the immovable ;

(2) the publication of a notice to that effect, once a week for three consecutive weeks, in a French daily newspaper and in an English daily newspaper published in Montréal ; and

(3) the registration in the land register of a notice to the same effect, signed by the clerk and stating that the formalities referred to in subparagraphs 1 and 2 of the first paragraph have been complied with.

That registration is made by deposit and the registrar is bound to receive the notice and enter a reference thereto in the land register.

The owner of the immovable expropriated under this section may claim an indemnity from the city. Where no agreement is reached, the indemnity shall be fixed by the Administrative Tribunal of Québec at the request of the owner or the city and sections 58 to 68 of the Expropriation Act (chapter E-24) apply, with the necessary modifications.

193. The city is freed from the restrictions affecting its titles on the future use of a street, lane, thoroughfare, public place or park, as soon as the following formalities have been completed :

(1) the publication of a notice to that effect in the newspapers with a sketch of the lots contemplated ;

(2) the payment of the indemnity fixed by the Tribunal where, within 12 months of the publication of the notice, the donor or his or her assigns or successors have exercised their recourses, except that the city is automatically freed if the recourse is not exercised within the prescribed time limit ; and

(3) the registration in the land register of a notice signed by the clerk and stating that the formalities referred to in subparagraphs 1 and 2 have been complied with.

The registration is made by deposit and the registrar is bound to receive the notice and enter a reference thereto in the land register.

§2.—Parks

194. The territory comprised within the limits hatched in red on the plan M-355 Saint-Antoine, drawn up by the city’s public works department and dated 2 June 1975, shall be reserved to establish a public park under the name of Mount Royal Park.

The part of that territory located within the city limits shall form part of the general plan of the city and any immovable therein that the city owns or acquires shall form part of Mount Royal Park.

The city is not bound to pay an indemnity for a building constructed or for improvements made in the territory, except for immovables belonging to universities or to organizations or legal persons operating hospitals or cemeteries thereon, as regards any constructions, improvements, leases or contracts made for the purposes of those educational establishments or hospitals or cemeteries.

The part of the territory described in section 2 of the chapter 96 of the statutes of 1959-1960, shall form part of Mount Royal Park and of the city.

The city shall preserve and maintain in perpetuity as a public park every territory of which it is or becomes the owner within the limits described on the plan referred to in the first paragraph of this section. The city shall not alienate any part thereof to enable any rights, privileges or franchises of a special nature to be exercised there, or authorize the installation, within its limits, of rails, poles, wiring or electrical apparatus for purposes of traction, locomotion or driving power, notwithstanding any special expropriation powers or other power that may have been granted by a general law or special act to the city or to any person or municipality, except in the cases of and to the extent where a special act is expressly inconsistent with the provisions of this section.

195. Since 20 May 1937, the following land has formed part of Mount Royal Park : a strip of the lot bearing number 1799 and a strip of the lot bearing number P-1800, as well as the McTavish monument, as shown on plan number 175 Saint-Antoine, dated 2 March 1937.

196. The city may authorize the Canadian Broadcasting Corporation or any other person to build within the limits of Mount Royal Park a single new tower for television and radio transmission and reception as well as the buildings required for its utilization. The city may conclude any contract or enter into any agreement for the use or construction of that tower and those buildings by third parties, provided that the contract or agreement does not entail the alienation of the city’s rights of ownership on the territory of Mount Royal Park. At the expiry of the lease existing between the city and the Canadian Broadcasting Corporation or at any previous date decided between themselves, the tower now standing in Mount Royal Park shall be demolished and the site restored to its natural state, according to the terms of the existing lease.

197. The city may enter into an agreement with the institution known as the Shriners’ Hospital for Crippled Children, for the purposes of the children’s hospital which the institution owns on Cedar Avenue, for the use and utilization, for purposes of building an access road and a school annexed to the said hospital, of a certain area of land forming part of the territory of Mount Royal Park adjoining the land belonging to the said institution, the limits of that area of land being outlined in green on plan number C-237 Saint-Antoine prepared by the public works department of the city.

The agreement shall in no way alienate the city’s right of ownership over the said area of land and shall end when the buildings of the said hospital cease to be occupied by the said institution for the above-mentioned purposes ; the city shall then have the right to demolish and remove, at the institution’s expense, any structure or building that might have been constructed thereon.

DIVISION IV

AWARD OF CONTRACTS

198. Sections 573 and 573.1 of the Cities and Towns Act (chapter C-19) do not apply to a contract

(1) whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work ;

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

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

(4) whose object is the supply of electricity, steam or cold water where the supplier is a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

199. Notwithstanding sections 573 and 573.1 of the Cities and Towns Act (chapter C-19), the mayor or, if he or she is absent or unable to act, the chair of the executive committee or, if he or she is also absent or unable to act, the director general may, in a case of irresistible force which might endanger the life or health of the population or seriously damage or seriously interfere with the operation of municipal equipment, order such expenditure as the chair or director general considers necessary and award any contract necessary to remedy the situation.

The mayor, the chair of the executive committee or the director general, as the case may be, shall file a report giving the reasons for the expenditure and contract at the next meeting of the executive committee. The report shall then be filed with the council at the next meeting.

This section also applies, adapted as required, to the borough chair.

200. The executive committee shall report to the council at each regular meeting on any contract awarded since the last regular meeting.

The city may, by by-law, determine the content and the procedure for tabling a report provided for in this section.

201. Notwithstanding any provision inconsistent with a general or special act, the city and any other public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), and any public utility or any non-profit body, may proceed with a joint application for public tenders for the award of an insurance contract or a contract for the supply of material, materials or services.

For the purposes of the first paragraph, a contract for the supply of material also includes any contract for the leasing of equipment with an option to purchase.

The application for public tenders shall be presented by the council on behalf of the city and any body that is a party to that application.

Section 573 of the Cities and Towns Act (chapter C-19) applies to the call for public tenders, but it is not necessary for the contract to involve an expenditure of $100 000 or more.

Where the body is party to the call for public tenders, it may not make a call for tenders or award a contract in respect of the object of the call unless the city decides not to give effect to the call.

The acceptance of a tender by the city also binds each party to the call towards the contractor.

CHAPTER IV

COMMISSION DES SERVICES ÉLECTRIQUES DE LA VILLE DE MONTRÉAL

202. The city shall, by by-law, establish a commission to be known as the “Commission des services électriques de Montréal”, whose function is to plan, build, maintain and administer an underground network of conduits ensuring the distribution of electricity and links by telecommunications.

The city may delegate to the commission the powers granted to it that are necessary for the commission to fulfill its mission and the application of the by-laws it passes in particular under subparagraph 17 of the first paragraph of section 415 of the Cities and Towns Act (chapter C-19).

203. The commission shall consist of five members appointed as follows :

(1) one member shall be appointed by the Government to chair the commission ;

(2) two members shall be appointed by the city ;

(3) one member shall be appointed by Hydro-Québec ; and

(4) one member shall be appointed by the users of the underground conduits who, except the city and Hydro-Québec, have confirmed to the clerk, in writing, within 30 days of sending the notice referred to in the second paragraph, their intention of taking part in the ballot.

Not less than 45 days before the date on which the member is to be appointed under subparagraph 4 of the first paragraph, the clerk shall send a special notice to all the users of the underground conduits referred to in that subparagraph, according to the list provided by the chair of the commission, indicating the date on which the member is to be appointed and informing the users of their entitlement to propose and vote for candidates.

Every user intending to propose a candidate must inform the clerk of the name and function of the candidate when sending the confirmation referred to in subparagraph 4 of the first paragraph.

Not less than ten days before the date on which the member is to be appointed under subparagraph 4 of the first paragraph, the clerk shall send a ballot paper to all the users who confirmed their intention to vote. The ballot paper must include the name and function of each candidate together with the name of the user who proposed the candidate. Each user is entitled to one vote.

On the date on which the appointment is to be made, the clerk shall count the votes cast in the presence of a witness. The person who receives the greatest number of votes shall be declared elected. In the case of a tie vote, the clerk shall designate the member by a drawing of lots.

Where there is only one candidate, the clerk shall declare him or her elected. Should the users fail to appoint a member on the prescribed date, the member shall be designated by the other members of the commission.

The salaries of the members of the commission shall be determined by the executive committee.

Any vacancy shall be filled by a person appointed in the same manner as the commission member to be replaced.

204. The commission shall

(1) adopt rules relating to the use of underground conduits and to the management of affairs under its jurisdiction ;

(2) (subparagraph repealed) ;

(3) draw up the plans and specifications of underground conduits ;

(4) authorize calls for tenders and receive tenders for the construction of underground conduits and submit a report thereon to the city ; and

(5) manage and supervise alone the construction and maintenance of those conduits and decide, from time to time, at its discretion, on the construction of the conduits.

The rules referred to in subparagraph 1 of the first paragraph shall come into force on the date of their approval, with or without amendment, by the Commission municipale du Québec.

All underground conduits, whether they were built in the public domain or on private property, by the commission, the city or a third party, shall be under the jurisdiction of the commission.

205. The city or any other interested party may appeal, before the Commission municipale du Québec, any rule, decision or act of the commission or of the city, in any matter relating to underground conduits, except in contractual matters where the parties have agreed to renounce that appeal.

The appeal must, under pain of forfeiture, be brought within 30 days after the date of service to the interested party or of publication of a notice indicating the rule, decision or act covered by the appeal.

The appeal is made by means of a registration filed with the Commission municipale du Québec ; the appellant shall serve a notice of that appeal on the opposing party or the party’s attorney.

206. Where the commission builds an underground conduit, it may order, by notice, any owner of cables

(1) to state to it which portion of those conduits it wishes to reserve ; and

(2) to identify the cables that belong to it and replace the overhead cables with underground cables placed in that conduit.

Should an owner fail to comply with the notice referred to in the first paragraph within the prescribed time limit, the commission may apply to the Commission municipale du Québec for the execution of an order given in the notice.

207. The underground conduits must be built so that

(1) each user has a separate opening or separate compartment in the opening where practicable ; and

(2) the part where the telecommunication cables are placed is separated from the part where the lighting and power cables are placed by a wall made of non-flammable and non-conductive material.

No underground conduits may be built, altered, repaired or extended without the approval by the commission of the plans and specifications.

Whenever the overhead network on the public domain is extended or altered, the commission shall approve the location of the proposed support structures.

The commission shall determine the manner in which underground conduits and overhead constructions are to be linked to distribution networks and to buildings.

208. It is prohibited to install poles intended for overhead wiring and overhead cables on public thoroughfares where underground conduits are built or planned.

209. Conduits built by the city in underground lines or on bridges or overpasses situated in streets, lanes, parks or public places shall be part of its underground conduit network and subject to the provisions of this Chapter from a date to be determined by the city and the Commission.

210. Where the city orders the removal of poles, cables or other overhead constructions, their owner shall be awarded an indemnity comprising the actual value, at that time, of the material and the cost of installation work.

Where there is an indemnity, the removed material shall constitute expropriated property belonging to the city.

211. Where the city or the commission decides to construct underground conduits in streets, lanes, parks or public places, the city or, as the case may be, the commission on behalf of the city, shall take over the private underground conduits therein and pay a reasonable indemnity for those conduits and for the material that has become useless.

Upon payment of that indemnity, the underground conduits and all the removed material shall constitute expropriated property belonging to the city.

212. The indemnities covered by sections 210 and 211 of this Chapter shall be fixed by the commission.

The commission shall hear the interested parties and render its decision within four months. The commission may however extend that period if it deems it necessary.

The commission’s decision shall be final and binding upon the city and all the interested parties.

213. The commission has the right to construct underground conduits on private property without the owner’s consent. The cost of those conduits beyond five metres from the street line, except the inlet to the building, shall be charged to the owner.

The commission may demand from the owner an advance deposit sufficient to guarantee the payment of the cost of the work charged to him or her.

If the owner refuses or fails to make the deposit, the commission may nevertheless proceed with the work, and a certificate from the commission attesting to the cost of the work shall be sent to the treasurer.

The treasurer shall enter the amount specified on the commission’s certificate on the property tax collection roll of the year under way for the defaulting owner’s immovable. The cost of the work thus charged to the owner shall constitute a property tax encumbering that immovable in favour of the city.

214. Where the commission alters underground conduits or overhead constructions at the request of the city or a third party, it may, at its discretion, charge the alteration work to the city or to the third party applicant, where applicable, and demand an advance deposit sufficient to guarantee the payment thereof.

215. The commission is authorized to enter, without the owner’s consent, any private property for the purposes of installing overhead or underground cables and their accessories.

An indemnity, determined by the commission, shall be paid for any actual damage caused by the work performed or obstructions caused by the exercise of such power.

216. The commission may demand payment for the use of its underground conduits and overhead constructions.

The commission shall fix the amount of those payments annually, so as to cover

(1) the administration and maintenance cost of the conduits and constructions ;

(2) the salaries of the employees ;

(3) an amount that may be applied to the retirement fund of the commission’s employees ;

(4) the commission’s share in the accident insurance plan of its employees ;

(5) the interest and amortization, over a period of at least 20 years, of the debt contracted by the city for the indemnity covered by sections 210 and 211 and for the construction or purchase of underground conduits ; and

(6) any other expense of the commission.

Those payments shall be apportioned between the debtors in proportion to the share of the underground conduits or of the network of overhead constructions that each debtor occupies or has reserved.

217. Subject to the second paragraph, sections 573 to 573.3.2 of the Cities and Towns Act (chapter C-19) apply to contracts awarded by the commission.

Sections 198, 199 and 201 apply to the commission, with the necessary modifications, including the modification whereby only the chair of the commission may exercise the power provided for in section 199.

CHAPTER V

PARAMUNICIPAL BODIES

218. The city may apply for the constitution of non-profit bodies

(1) to acquire, renovate, restore, build, sell, lease or manage immovables and exercise the powers provided for in section 144 ;

(2) to grant subsidies for the construction, renovation, restoration, demolition and relocation of immovables ;

(3) to administer subsidy programs for the purposes provided for in paragraph 2 ; and

(4) to participate as shareholders or otherwise, in any venture capital investment fund whose main object is to promote the economic development of the city’s underprivileged neighbourhoods.

219. The city may

(1) apply for the constitution of a non-profit body to establish, manage and operate natural sciences conservatories and to provide at those conservatories services usually provided to the public in similar establishments ;

(2) apply for the constitution of a non-profit body with a view to establishing an archeological and historical interpretation centre ; and

(3) delegate to those bodies, for their respective purposes, its power to acquire by agreement, build or lease immovables and alienate them.

220. The city may apply for the constitution of a non-profit body to promote construction, restoration and improvement as well as housing, commercial, cultural and tourist development in the historical district of Vieux-Montréal and the contiguous territory delimited by the Bonaventure and Ville-Marie autoroutes and by the extensions of De La Commune and Amherst streets, to restore and build immovables in that borough and contiguous territory and to see to the carrying out of any agreement between the Government and the city with respect to that borough and contiguous territory and the enhancement of Montréal’s heritage.

The body may also see to the protection of buildings anywhere in the city that are of architectural, historical or cultural interest and, for that purpose, acquire, restore or improve such buildings as well as any immovable considered necessary for their enhancement.

The body may, with the prior authorization of the Minister of Municipal Affairs and Greater Montréal, participate, as a shareholder or otherwise, in any venture capital investment fund allocated mainly to the furthering of the legal person’s objectives.

221. The city may apply for the constitution of a non-profit body to manage and operate one or more tourist information centres and to carry on therein or permit the carrying on therein of commercial activities related to the operation of such centres so as to ensure their financing.

222. In exercising the powers provided for in subparagraph 10 of the first paragraph of section 413, sections 445 and 446 of the Cities and Towns Act (chapter C-19) and section 71 of this Schedule, the city may

(1) collaborate with any person, partnership or enterprise representing public or private interests ;

(2) acquire share capital in companies whose activities consist solely in the carrying out of projects relating to the exploitation of gas or gas by-products and of thermal energy generated at the city residual material disposal sites or lend money to such companies for interest and upon security ; and

(3) apply for the constitution of non-profit bodies to exercise, on behalf of the city, the powers provided for in subparagraph 10 of the first paragraph of section 413, sections 445 and 446 of the Cities and Towns Act (chapter C-19) and section 71 of this Schedule.

223. The city may organize cultural, recreational and tourist activities on Sainte-Hélène and Notre-Dame islands. It may build immovables thereon for those purposes or allow immovables to be built thereon by third parties and transfer to them for that purpose all or part of the site by emphyteutic lease or surface rights.

The city may also transfer all or part of the rights of the city on those sites to a non-profit body established on an application by the city.

In the case of Notre-Dame island, the city may exercise the power provided for in the second paragraph in favour of the Government or a minister or body of the Government. The Act respecting sales of municipal public utilities (chapter V-4) does not apply in that case.

224. Upon petition by the city, the Lieutenant-Governor may issue, on the terms and conditions set out therein, letters patent under the Great Seal of the Province constituting a non-profit body to exercise the powers provided for in sections 218 to 223.

The letters patent shall mention the name of the body, the location of its head office, its powers, rights and privileges and the rules governing the exercise of its powers, and designate its members and directors.

Notice of the issuing of such letters patent shall be published in the Gazette officielle du Québec.

Upon petition by the body established under this section, the Government may issue supplementary letters patent for the purpose of amending the content of the letters patent referred to in the second paragraph of this section. Notice of the issuing of the supplementary letters patent shall be published in the Gazette officielle du Québec.

The city may dissolve the body by a notice published in the Gazette officielle du Québec. In the case of dissolution, the property of the body, after payment of its obligations, shall be vested in the city.

A body so established shall have, among other powers, those of a legal person established by letters patent under the Great Seal of the Province. It shall be a mandatary of the city, and is deemed to be a municipality for the purposes of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and the Act respecting the Ministère du Conseil exécutif (chapter M-30).

This section does not apply to the acquisition of immovables for industrial purposes.

225. Upon petition by the city, the Lieutenant-Governor may issue, on the terms and conditions set out therein, letters patent under the Great Seal of the Province authorizing the amalgamation of non-profit bodies established under the provisions of this Chapter.

The petition shall be accompanied by a deed of agreement from the bodies to be amalgamated stipulating the terms and conditions of the amalgamation, the manner in which to give it effect, the name of the body resulting from the proposed amalgamation, the location of its head office, its powers, rights and privileges and the rules governing the exercise of its powers, and designate its members or member and its directors.

Subject to the second paragraph, the body resulting from the amalgamation shall have all the property, rights and privileges of each of the amalgamated bodies, and shall assume all their debts and obligations as if it had contracted them itself.

226. The bodies referred to in section 218 may renovate, restore or build industrial or commercial immovables only within the territory delimited in the letters patent by which they are established.

The Government or any government agency may take part, together with the city, in the establishment and administration of any such bodies or agencies.

227. The bodies referred to in sections 218 to 223 must, no later than 31 March each year, submit to the executive committee a report of their activities for the preceding fiscal year ; the report must also include all the information as may be prescribed by the executive committee. The report shall be tabled at the first council sitting following the thirtieth day after it is received by the executive committee.

The bodies must also provide the executive committee with any information it requires on their operations.

The bodies are deemed to be municipalities for the purposes of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1) and the Act respecting the Ministère du Conseil exécutif (chapter M-30).

228. The city may pay a legal person established on a petition filed by the city the amounts provided for as a working fund to the letters patent constituting that legal person.

The city may

(1) authorize the payment of contributions in order to make up for the deficit or to finance the activities of that legal person ;

(2) guarantee the debt contracted by that legal person ; and

(3) borrow amounts that may be paid into the working fund referred to in the first paragraph or that are necessary for the purposes of subparagraph 1 of the second paragraph.

The city may require that a body referred to in sections 218 to 223 repay it all or part of the funds that it considers a surplus.

229. A body established under sections 218 and 220 that owns an immovable must pay in respect thereof any tax that may be required from a property owner in the city, to the exclusion of any surtax that may be imposed by reason of the amount of the assessment.

230. The city and Université de Montréal are authorized to appoint jointly three natural persons to file a petition, in accordance with Part III of the Companies Act (chapter C-38), for the constitution of a non-profit body with a view to establishing a research institute in plant biology.

Section 228 applies in respect of that legal person.

231. Notwithstanding section 200 of this Act, the Corporation des Habitations Jeanne Mance shall continue to exercise all the powers vested by article 964 of the Charter of the City of Montréal (1959-1960, chapter 102) and this section continues to apply in its respect.

231.1. Sections 573 to 573.3.4 of the Cities and Towns Act (chapter C-19) apply to the bodies referred to in this chapter, with the necessary modifications, and those bodies are deemed to be local municipalities for the purposes of the regulation made under section 573.3.0.1 of that Act.

CHAPTER VI

TECHNOPARC SAINT-LAURENT

232. The city may, by by-law, acquire, by agreement or expropriation, any immovable situated in the territory described in the second paragraph for the purposes of alienating it in favour of Technoparc Saint-Laurent for the establishment of a high technology park.

The territory referred to in the first paragraph shall be established pursuant to the Schedule to chapter 69 of the Statutes of 1992 respecting Technoparc Saint-Laurent which continues to apply for that purpose.

233. All appropriations referred to in the acquisition by-law must derive from the general fund of the city.

Before the by-law provided for in section 232 is passed, Technoparc Saint-Laurent shall provide the city with an amount of money or an irrevocable letter of credit issued by a bank, a savings and credit union or a trust company, for an amount equal to the amount established by the expropriation by-law.

The by-law provided for in section 232 must indicate the amount referred to in the preceding paragraph or indicate that the irrevocable letter of credit has been received.

234. The city shall become the owner of an expropriated immovable from the day of registration in the land register of the notice of expropriation together with

(1) proof establishing that the provisional indemnity has been paid to the expropriated party or deposited, on his or her behalf, at the office of the Superior Court ; and

(2) proof of the service on the expropriated party of the notice of expropriation.

The notice of expropriation must be accompanied by the text of this section regarding the immediate transfer of title and must omit the second provision of subparagraph 3 of the first paragraph of section 40 of the Expropriation Act (chapter E-24), regarding contestation of the right to expropriate.

Section 44 of the Expropriation Act does not apply to any expropriation made under this Act.

235. The city’s offer may not exceed the standardized value of the immovable.

The provisional indemnity of the expropriated party shall be equal to 90% of the city’s offer.

The provisional indemnity for a lessee or occupant in good faith, even if he or she operates a business or an industry, shall be equal to three months’ rent.

In the case of a commercial or industrial operation, the provisional indemnity shall include an amount equal to 25% of the rental value entered on the roll of rental values.

The period during which an expropriated party may remain in possession of the expropriated immovable may not exceed three months from the date of service of the notice of expropriation.

The period during which a lessee or occupant in good faith may remain in possession of the immovable may not exceed three months from the date of service of a notification to that effect.

The city may take possession of the immovable only after paying the provisional indemnity to the lessee or occupant in good faith or depositing the amount at the office of the Superior Court.

236. Once the city has become the owner of an immovable under section 234, the city may alienate it to Technoparc Saint-Laurent.

Technoparc Saint-Laurent must pay the city an amount equal to the difference between the city’s offer and the final indemnity granted by the court of last instance or fixed after agreement between the parties to the expropriation proceedings, and the interest and costs.

The amount must be paid within sixty days after notice to that effect is served on Technoparc Saint-Laurent by the city.

The agreement referred to in the second paragraph must be authorized by Technoparc Saint-Laurent.

237. The amount corresponding to the difference between the city’s offer and the final indemnity as well as the interest and other costs shall be, from 1 January 1994, deemed to be a property tax secured by a prior claim constituting a real right, on all movable and immovable property of Technoparc Saint-Laurent.

The city may renounce all or part of the prior claim in respect of the property affected by the prior claim.

238. Technoparc Saint-Laurent may, with the city’s authorization, alienate any immovable acquired under section 236, for the purpose of establishing a high technology park or for related purposes, even if the payment referred to in section 236 has not yet been made.

239. If the city takes back an immovable alienated under this Act, it may, with the authorization of the Minister of Industry and Trade and the Minister of Municipal Affairs and Greater Montréal, dispose of it in favour of a third party for the same purposes as those provided for in section 232, or it may use it for municipal purposes.

240. For the purposes of sections 232 to 239, the city is not subject to the Act respecting municipal industrial immovables (chapter I-0.1).

241. Sections 232 to 239 have effect notwithstanding the Act to preserve agricultural land and agricultural activities (chapter P-41.1).

Where the city acquires, by expropriation, an immovable situated in an agricultural zone, the owner of the immovable may, within 30 days after the notice of expropriation is served, exclude the immovable from the agricultural zone by filing a notice to that effect with the registry office. A copy of that notice shall be served on the Commission de protection du territoire agricole du Québec and on the city.

Filing the notice with the registry office shall have the same effect as a decision of the Commission excluding the immovable from the agricultural zone at the request of the owner.

For the purposes of establishing the expropriation indemnity, the immovable shall be considered never to have been included in the agricultural zone.

242. Subject to sections 234 and 235, the Expropriation Act (chapter E-24) applies to expropriations made under this Charter.

243. The city may, by by-law, allow Technoparc Saint-Laurent, in respect of the first year or the first two years of repayment of a loan by-law, to spread over several fiscal years the payment of taxes connected with municipal work.

Deferred taxes, with accrued interest, shall be payable in a maximum of three equal annual payments over a maximum of five successive fiscal years, including the years for which the taxes have been deferred.

244. Technoparc Saint-Laurent is deemed to renounce the spreading of its tax payments if it fails to pay the payable portion of the tax to which the by-law respecting such spreading of payment applies for the fiscal year considered or if it pays the total amount of taxes.

245. The privilege attached to a tax to which the by-law respecting the spreading of tax payment applies encumbers the immovable included in the unit of assessment to guarantee the payment of the deferred amount and the interest accrued thereon as soon as Technoparc Saint-Laurent avails itself of the right to spread the payment of its taxes.

246. Any tax amount the payment of which is deferred to a subsequent fiscal year shall bear interest at the rate fixed by the by-law.

The rate, when fixed, must not be higher than the rate applied by the city to property tax arrears.

In no case may the rate be changed for any part of the fiscal year ; each successive rate shall be valid for a whole fiscal year.

247. The prescription period for tax arrears shall run only from the dates on which the payments provided for in the by-law passed under section 243 are payable.

248. Notwithstanding section 243, the balance remaining on any deferred taxes, with accrued interest, shall be payable by Technoparc Saint-Laurent where it transfers the immovable included in the unit of assessment on which the tax was imposed before the time limit prescribed in that section or in the by-law. The balance must be paid in a single payment. It shall be payable at the expiry of the time limit prescribed by section 252 of the Act respecting municipal taxation (chapter F-2.1) or under that section.

The city may send an account to Technoparc Saint-Laurent after the roll is amended following the transfer of the immovable included in the unit of assessment. The account shall show the principal and the interest separately.

The application of this section does not affect the privilege guaranteeing payment of the balance referred to in the first paragraph.

249. Technoparc Saint-Laurent may, at any time, pay all or part of any deferred payment of an amount, with accrued interest, before it becomes payable.

In case of partial payment, it shall first be applied to the interest. Sections 246 to 248 apply to the balance.

250. The city may, by by-law, adopt a program for the purpose of granting a tax credit related to the setting up or expansion of a high technology establishment in the territory established pursuant to the Schedule to chapter 95 of the Statutes of 1999 respecting Technoparc Saint-Laurent, which continues to apply, subject to the terms and conditions determined in the by-law.

For the purposes of this section, “high technology” refers in particular to the aerospace, telecommunications, biotechnology, pharmacology, computer, electronics, microelectronics, optoelectronics, robotics, optics and laser fields. “High technology” means a use having as its main activity

(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 2003.

The effect of the tax credit shall be to offset any increase in property taxes that may result from 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 passed and, where applicable, only applies 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 referred to in the first paragraph of section 250.

251. For the purposes of the levy of municipal property tax based on the value of the immovables, vacant land forming part of the territory referred to in the first paragraph of section 250 and owned by Technoparc Saint-Laurent is deemed to be an immovable belonging to a mandatary of the city within the meaning of paragraph 5 of section 204 of the Act respecting municipal taxation (chapter F-2.1).

252. No illegality or irregularity may result from the fact that, before 1 January 1999, the former Ville de Saint-Laurent passed and applied By-law 1160 or became surety for or subsidized Technoparc Saint-Laurent.

253. Sections 251 and 252 and any by-law passed under section 250 have effect from 1 January 1999.

253.1. Notwithstanding section 8, the expenditures relating to payment of a final expropriation indemnity by the city within the framework of an expropriation begun before 1 January 2002 under the Act respecting the city of Saint-Laurent (1992, chapter 69) shall be financed by the revenues derived exclusively from the territory of Ville de Saint-Laurent instead of solely from the part of that territory determined under section 9 of that Act.

CHAPTER VII

MUNICIPAL COURT

254. The Municipal Court may, in any action or suit brought before it against a permit or a licence holder, suspend for a period it determines or cancel any licence or permit granted under a municipal by-law, for misconduct, incompetence, or violation of an act or such a by-law.

CHAPTER VIII

PENAL PROCEEDINGS

255. Where a municipal by-law requiring a licence or permit provides for a fine or other penalty for infringement, the city may institute penal proceedings and, for recovering the tax that is the object of the licence or permit, institute civil proceedings, even when the name of the defendant is not entered on any assessment, rental value or collection roll.

255.1. The filing of a document of the Société de l’assurance automobile du Québec containing information relating to the identity of the owner of a vehicle the registration number of which is indicated on the statement of offence, whether the document is transmitted by the Société or obtained with its authorization in accordance with law, constitutes, failing any evidence to the contrary, proof of the identity of the owner of the vehicle in penal proceedings instituted before the municipal court for an offence against a provision of a traffic by-law, a motor vehicle parking by-law or a by-law respecting the use of a motor vehicle or its accessories, or for any offence against a provision of the Highway Safety Code (chapter C-24.2), the Transport Act (chapter T-12) or a regulation under any of those Acts.

To be admissible as evidence, the document need only bear the attestation of an employee of the city to the effect that the document emanates from the Société de l’assurance automobile du Québec.

CHAPTER IX

CIVIL REMEDIES AGAINST THE MUNICIPALITY

256. The city shall have the right to have its investigators or experts examine, at any time before the institution of an action, between 9:00 a.m. and 6:00 p.m., movable and immovable property which is the subject of a claim resulting from flooding. No claimant who refuses, without valid reason, to allow such examination may exercise his or her right of action as long as such refusal continues.

In the case of a claim for damage to perishables, the claimant shall notify the city by registered letter that he or she will hold those perishables at its disposal for examination for the next 72 hours, and he or she may not, without a reasonable excuse, dispose of them before the expiry of such delay, on pain of forfeiting his right of action.

257. No action against the city for damages shall be admissible for damage resulting from the flooding of an immovable built after 28 April 1939, unless the plaintiff alleges and proves that at the time of the flooding safety valves in good working order had been installed according to accepted practice, to prevent back-flow from city sewers into the cellars or the basement of that immovable.

The city may, by by-law, require that a building be equipped with an automatic lift-pump system in the cases and on the conditions it determines, and no action against the city for damages shall then be admissible for damage resulting from flooding in a building to which such requirement applies, unless the plaintiff alleges and proves that at the time of the flooding a pumping system had been installed and was in operation in accordance with the by-law.

258. The city shall not be required to give security in order to appeal a judgment or issue a writ or process, or to institute a civil action or civil proceeding.

CHAPTER X

SPECIAL PROVISIONS

259. All extracts from and copies of minutes of the council, the executive committee, the administrative commission or the board of commissioners of the former Ville de Montréal that were destroyed by the fire at the Montréal city hall on 3 and 4 March 1922 shall replace the originals of such minutes for all purposes, and new copies may be issued and certified to serve as authentic copies, provided that such extracts or copies are certified by the then competent officers and filed with the office of the clerk, the whole in accordance with section 26 of chapter 105 of the statutes of 1922 (1st session).

260. The minutes of the meetings of the council of the former Ville de Montréal, the originals of which were destroyed in the said fire, which were rewritten by the clerk from his notes and other documents in his possession and approved by the council, in accordance with section 26 of chapter 105 of the statutes of 1922 (1st session), shall replace the destroyed minutes and shall have the same effect for all purposes.

261. A printed copy of any by-law of the former Ville de Montréal, the original of which was destroyed in the fire at the Montréal city hall on 3 and 4 March 1922, shall replace the original for all purposes, provided it is filed with the office of the clerk and certified by the clerk as true, and every duly certified copy made thereof shall be considered a copy of the original and shall be deemed authentic.

262. Notwithstanding the Municipal Aid Prohibition Act (chapter I-15), the city may make a cash contribution to the mutual fund established by a limited partnership whose object is the operation of a National Baseball League franchise within the limits of the city ; the city may also convert the cash contribution into a loan of money or other security to such a partnership.

The city may, instead, acquire capital stock in any company established for the purposes set out in the first paragraph.

The city may, notwithstanding the Municipal Aid Prohibition Act, transfer the shares acquired pursuant to the first paragraph or, where applicable, the shares acquired pursuant to the second paragraph. For the purposes of that transfer, the city may accept any cash payment or any payment accompanied by a guarantee it deems sufficient.

263. Notwithstanding any inconsistent provision, the city may

(1) recover, from fire insurance companies doing business in its territory and entered on its tax rolls, three-fourths of the amounts that it pays for the salaries of the fire commissioners, secretary and detectives of the Fire Commission and for its stenographic expenses ; and

(2) determine the manner to recover those amounts.

264. Subject to Chapter VII of this Schedule and of the Act respecting municipal courts (chapter C-72.01), the city may authorize any officer it designates to sign, by means of a stamp bearing a facsimile of his or her signature, certificates, notices and other documents issued or signed pursuant to an act or a by-law. The stamp must be previously approved by the executive committee and used only for that purpose.

The stamped signature shall be as valid as a handwritten signature.

265. Any document or deed bearing such stamp shall be prima facie proof of its authenticity and of the authority of the officer to stamp the signature.

266. It is prohibited for any person, except the officers referred to in section 264, to use such stamp, under pain of penalty, which the city may impose by by-law, for infringement of this section.

267. Notwithstanding the provisions of the Highway Safety Code (chapter C-24.2) and the applicable by-laws or regulations, the city is exempted, up to an annual amount of $800 000, from the payment of registration fees for motor vehicles belonging to it that it uses for municipal purposes.

268. Any peace officer or any other person authorized to issue a statement of offence for an offence related to traffic, parking of a motor vehicle or the use of a motor vehicle may move any vehicle parked in contravention of a traffic or parking by-law, regulation, order or resolution, or have it moved by a service vehicle or tow truck.

The statement of offence shall mention that the vehicle was moved and indicate the additional costs or amounts, determined by by-law, that may be collected as a result of its being moved. The latter shall be added to the amounts that may be claimed from the defendant by the prosecutor in the statement of offence. The additional costs or amounts that may be claimed because a vehicle was moved shall be collected by the collector in accordance with articles 321, 322 and 327 to 331 of the Code of Penal Procedure (chapter C-25.1) or the provisions of this Act.

In every case provided for in this section, the city may, by by-law, assign to the head of the competent department, or to any other officer or employee designated by the latter, the exercise of all the powers and duties assigned by this section to the peace officer or person authorized under the first paragraph to issue a statement of offence.

269. By-laws passed under section 268 or by-laws determining the costs of stopping, towing or impounding a motor vehicle incurred by an offender or a defendant pursuant to articles 332.1 to 332.3 of the Code of Penal Procedure (chapter C-25.1) shall come into force after approval by the Minister of Justice. Such approval may be partial.

270. The city may enter into an agreement with the Gouvernement du Québec and the Government of Canada respecting the operation of the La Ronde amusement park after the Universal Exhibition of 1967, and to perform the acts it may deem useful to give it effect.

The agreement may provide for the constitution of a legal person and any other conditions as may be accepted by the council.

The city may acquire the installations at the La Ronde amusement park.

271. The Minister of Municipal Affairs and Greater Montréal may, at the request of the executive committee, extend a time period prescribed for the city in this Act. Where the Minister considers it expedient, the Minister may extend the period again on the conditions the Minister determines.

272. The agreements entered into on 29 June 1982 and 1 October 1982, respectively, between the Commission de transport of the Communauté urbaine de Montréal and Canadian National Railways, in the first case, and Canadian Pacific Limited, in the other case, in respect of the commuter train service between Montréal and Deux-Montagnes and that between Montréal and Rigaud, respectively, are deemed to have been validly entered into by the Commission and no action to contest the validity of the agreements is admissible on the grounds that the Commission was not authorized to enter into them.

273. The restrictions respecting land use encumbering the lots described in the deeds of transfer and sale made in favour of Ville d’Anjou by Champlain Heights Ltd. or Metropolitan Shopping Centre Ltd., hereafter listed, are hereby abolished and dissolved, and any personal obligation or real right arising from such restrictions respecting land use is hereby declared terminated. The deeds of transfer and deeds of sale in question have been registered in the registry office of the registration division of Montréal under numbers 1,209,636, 1,340,535, 1,421,918, 1,528,976, 1,679,075, 1,679,076, 1,954,570 and 1,954,571.

274. The city shall exercise all the powers granted to a regional authority under the Act respecting transportation by taxi (chapter T-11.1).

The city shall exercise all the powers granted to a municipal authority under section 89 of the Act respecting transportation services by taxi (chapter S-6.01) and has full authority over the body referred to in the second paragraph of section 13 of that Act.

275. In the case of a subsequent offence, payment by the defendant of the amount claimed in a statement of offence indicating the name of the same defendant and the same address constitutes prima facie proof of the defendant’s previous conviction without it being necessary to prove his or her identity.

276. Notwithstanding section 200 of this Act, the following provisions are not revoked and continue to apply to the situations and persons to which the provisions apply on 31 December 2001 :

(1) articles 77 and 85 of the Charter of the City of Montréal (1959-1960, chapter 102) ;

(2) sections 1 and 2 of chapter 78 of the Statutes of 1972 ;

(3) sections 1 and 2 of chapter 43 of the Statutes of 1980 ;

(4) sections 7, 8 and 9 of chapter 44 of the Statutes of 1980 ;

(5) sections 3 and 4 of chapter 120 of the Statutes of 1987 ;

(6) section 1 of chapter 128 of the Statutes of 1987 ;

(7) section 19 of chapter 80 of the Statutes of 1989 ; and

(8) section 12 of Order in Council 1276-99.

CHAPTER XI

TRANSITIONAL PROVISIONS IN RESPECT OF THE SOCIÉTÉ DE TRANSPORT DE MONTRÉAL

277. The auditors appointed by the Communauté urbaine de Montréal and by the municipalities referred to in section 5 of the Charter shall fulfill their term for the 2001 fiscal year and shall report their audit to the city council.

278. For the purposes of adopting the budget of the 2002 fiscal year of the Société de transport de la Communauté urbaine de Montréal, sections 209, 303 and 305 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2) apply, to the exclusion of the other provisions of that Act, adapted as follows :

(1) section 209 is amended as follows :

(a) by substituting the following for the first paragraph :

“The transition committee of Montréal shall file the budget of the Société de transport, with its recommendations on that budget, with the office of the clerk of Ville de Montréal constituted by this Act. The clerk shall send a copy to each member of the council of Ville de Montréal formed during the general election of 4 November 2001, at the latest three clear days before the date of the council sitting convened to adopt the city’s budget. ”;

(b) by substituting the words “treasurer of the Société de transport” for the word “treasurer” and by substituting the words “Société de transport” for the word “Community” wherever they appear ;

(c) by substituting the words “council of Ville de Montréal formed during the general election of 4 November 2001” for the word “Council” in the second paragraph ;

(d) by substituting the words “clerk of Ville de Montréal” for the word “secretary” in the second paragraph ; and

(e) by striking out the sixth paragraph ;

(2) section 303 is amended by substituting the words “secretary of the transition committee of Montréal” for the words “secretary of the Community” ; and

(3) section 305 is amended by substituting the words “council of Ville de Montréal formed during the general election of 4 November 2001” for the word “Council”.

279. The budget of the Société de transport shall be submitted to the council of Ville de Montréal at the sitting convened to adopt the city’s budget.

280. The first paragraph of section 197 of this Act applies, adapted as required, to the budget of the Société de transport.

281. Section 291.14 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2) is amended as follows :

(1) the word “Council” means, from the time the majority of candidates elected in the general election of 4 November 2001 of Ville de Montréal have taken oath, “the council of Ville de Montréal formed of those elected officers” ;

(2) by striking out the first sentence of the fourth paragraph of that section.

CHAPTER XII

FINAL

282. In case of inconsistency between a provision of this Schedule and a provision contained in the Charter of the city, the former shall prevail.

283. No provision of this Schedule and no provision maintained into force by this Schedule has the effect of limiting the scope of a provision, contained in any act that applies to the city or any municipality in general or any of their bodies, for the sole reason that it is similar to such a provision but is written in more specific terms.

O.C. 1308-2001, s. 26; 2001, c. 68, s. 137 to s. 147; 2002, c. 37, s. 48 to s. 60; 2002, c. 68, s. 52; 2002, c. 77, s. 17 to s. 24; 2003, c. 3, s. 2, s. 3.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), Schedule I to chapter 56 of the statutes of 2000, in force on 1 April 2001, is repealed effective from the coming into force of chapter C-11.4 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 6, 8, 11 to 13, 21 to 36, 43 to 151, 198, 199, 201 and 202 of Schedule I to chapter 56 of the statutes of 2000, in force on 1 April 2002, are repealed effective from the coming into force of the updating to 1 April 2002 of chapter C-11.4 of the Revised Statutes.